Utah Code 32B-10-206. General operational requirements for special use permit
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Terms Used In Utah Code 32B-10-206
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Furnish: includes to:(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
- Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
(58)(a) law; or(58)(b) court order. See Utah Code 32B-1-102- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Liquor: includes :
(66)(a)(ii)(A) heavy beer;(66)(a)(ii)(B) wine; and(66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102- Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- Permittee: means a person issued a permit under:
(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Record: includes :
(103)(b)(i) a book;(103)(b)(ii) a book of account;(103)(b)(iii) a paper;(103)(b)(iv) a contract;(103)(b)(v) an agreement;(103)(b)(vi) a document; or(103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102- special use permit: means a special use permit issued under this chapter, including:
(1) a religious wine use permit;(2) an industrial or manufacturing use permit;(3) a scientific or educational use permit; and(4) a public service permit. See Utah Code 32B-10-102- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102- State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(1)(a) A special use permittee and staff of the special use permittee shall comply with this title and rules of the commission, including the relevant part of the chapter that applies to the type of special use permit held by the special use permittee.(1)(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:(1)(b)(i) a special use permittee;(1)(b)(ii) individual staff of a special use permittee; or(1)(b)(iii) a special use permittee and staff of the special use permittee.(1)(c) The commission may suspend or revoke a special use permit with or without cause.(2)(2)(a) If there is a conflict between this part and the relevant part under this chapter for the specific type of special use permit, the relevant part under this chapter governs.(2)(b) Notwithstanding that this part may refer to “liquor” or an “alcoholic product,” a special use permittee may only purchase, use, store, sell, offer for sale, allow consumption, or manufacture an alcoholic product authorized for the special use permit that is held by the special use permittee.(2)(c) Notwithstanding that this part or the relevant part under this chapter for the type of special use permit held by a special use permittee refers to “special use permittee,” a person involved in the purchase, use, storage, sale, offering for sale, allowing consumption, or manufacture of an alcoholic product for which the special use permit is issued is subject to the same requirement or prohibition.(3)(3)(a) A special use permittee shall make and maintain a record, as required by commission rule, of any alcoholic product purchased, used, sold, or manufactured.(3)(b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (3).(4)(4)(a) Except as otherwise provided in this title, a special use permittee may not purchase liquor except from a state store or package agency.(4)(b) A special use permittee may transport liquor purchased by the special use permittee in accordance with this Subsection (4) from the place of purchase to the special use permittee’s premises.(4)(c) A special use permittee shall purchase liquor at prices set by the commission.(4)(d) When authorized by a special use permit, a special use permittee may purchase and receive an alcoholic product directly from a manufacturer for a purpose that is industrial, educational, scientific, or manufacturing.(4)(e) A health care facility may purchase and receive an alcoholic product directly from a manufacturer for use at the health care facility.(5) A special use permittee may not use, mix, store, sell, offer for sale, furnish, manufacture, or allow consumption of an alcoholic product in a location other than as designated in a special use permittee’s:(5)(a) application; or(5)(b) change of location request, as described in Section 32B-10-305, if:(5)(b)(i) the special use permittee is a public service permittee; and(5)(b)(ii) the commission approved the special use permittee’s change in location request.(6) Except as otherwise provided, a special use permittee may not sell, offer for sale, or furnish an alcoholic product to:(6)(a) a minor;(6)(b) a person actually, apparently, or obviously intoxicated;(6)(c) a known interdicted person; or(6)(d) a known habitual drunkard.(7) A special use permittee may not employ a minor to handle an alcoholic product.(8)(8)(a) The location specified in a special use permit may not be transferred from one location to another location, except as provided in Chapter 18, Part 3, Alcohol License Change of Location.(8)(b) A special use permittee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the permit to another person whether for monetary gain or not, except as provided in Chapter 18, Part 2, Alcohol License Changes of Ownership.(9) A special use permittee may not purchase, use, mix, store, sell, offer for sale, furnish, consume, or manufacture an alcoholic product for a purpose other than that authorized by the special use permit.(10) The commission may prescribe by policy or rule consistent with this title, the general operational requirements of a special use permittee relating to:(10)(a) physical facilities;(10)(b) conditions of purchase, use, storage, sale, consumption, or manufacture of an alcoholic product;(10)(c) purchase, storage, and sales quantity limitations; and(10)(d) other matters considered appropriate by the commission. - Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by: