32B-4-415. Unlawful bringing onto premises for consumption.
(1)
Except as provided in Subsection (4) and Section 32B-5-307, a person may not bring an alcoholic product for on-premise consumption onto the premises of:
Chartered bus: means a passenger bus, coach, or other motor vehicle provided by a bus company to a group of persons pursuant to a common purpose:
(a)
under a single contract;
(b)
at a fixed charge in accordance with the bus company's tariff; and
(c)
to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
(a)
in which the driver and a passenger are separated by a partition, glass, or other barrier;
(b)
that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
(c)
to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. See Utah Code 32B-1-102
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
Private event: means a specific social, business, or recreational event:
(i)
for which an entire room, area, or hall is leased or rented in advance by an identified group; and
(ii)
that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Sublicense: means :
(a)
any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
Temporary domicile: means the principal place of abode within Utah of a person who does not have a present intention to continue residency within Utah permanently or indefinitely. See Utah Code 32B-1-102
a retail licensee or person required to be licensed under this title as a retail licensee;
(b)
an establishment that conducts a business similar to a retail licensee;
(c)
an event where an alcoholic product is sold, offered for sale, or furnished under a single event permit or temporary beer event permit issued under this title;
(d)
an establishment open to the general public; or
(e)
the capitol hill complex.
(2)
Except as provided in Subsection (4) and Section 32B-5-307, the following may not allow a person to bring onto its premises an alcoholic product for on-premise consumption or allow consumption of an alcoholic product brought onto its premises in violation of this section:
(a)
a retail licensee or a person required to be licensed under this title as a retail licensee;
(b)
an establishment that conducts a business similar to a retail licensee;
(c)
a single event permittee or temporary beer event permittee;
(d)
an establishment open to the general public;
(e)
the State Capitol Preservation Board created in Section 63C-9-201; or
(f)
staff of a person listed in Subsections (2)(a) through (e).
(3)
Except as provided in Subsection (4)(c)(i)(A), a person may not consume an alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a passenger at:
(a)
a location from which the passenger departs in a private vehicle; or
(b)
the capitol hill complex.
(4)
(a)
A person may bring bottled wine onto the premises of the following and consume the wine pursuant to Section 32B-5-307:
(i)
a full-service restaurant licensee;
(ii)
a limited restaurant licensee;
(iii)
a bar establishment licensee; or
(iv)
a person operating under a spa sublicense.
(b)
A passenger of a limousine may bring onto, possess, and consume an alcoholic product in the limousine if:
(i)
the travel of the limousine begins and ends at:
(A)
the residence of the passenger;
(B)
the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(C)
the temporary domicile of the passenger;
(ii)
the driver of the limousine is separated from the passengers by partition or other means approved by the department; and
(iii)
the limousine is not located on the capitol hill complex.
(c)
A passenger of a chartered bus may bring onto, possess, and consume an alcoholic product on the chartered bus:
(i)
(A)
but may consume only during travel to a specified destination of the chartered bus and not during travel back to the place where the travel begins; or
(B)
if the travel of the chartered bus begins and ends at:
(I)
the residence of the passenger;
(II)
the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(III)
the temporary domicile of the passenger;
(ii)
if the chartered bus has a nondrinking designee other than the driver traveling on the chartered bus to monitor consumption; and
(iii)
if the chartered bus is not located on the capitol hill complex.
(5)
A person may bring onto any premises, possess, and consume an alcoholic product at a private event.
(6)
Notwithstanding Subsection (5), private and public facilities may prohibit the possession or consumption of alcohol on their premises.
(7)
The restrictions of Subsections (2) and (3) apply to a resort licensee or hotel licensee or person operating under a sublicense in relationship to:
(a)
the boundary of a resort building, as defined in Section 32B-8-102, or the boundary of a hotel, as defined in Section 32B-8b-102, in an area that is open to the public; or
(b)
except as provided in Subsection (4), sublicensed premises.
