32B-4-501.  Operating without a license or permit.

(1)  A person may not operate the following businesses without first obtaining a license under this title if the business allows a person to purchase or consume an alcoholic product on the premises of the business:

Terms Used In Utah Code 32B-4-501

  • Airport lounge: means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
  • Banquet: means an event:
    (a) that is a private event or a privately sponsored event;
    (b) that is held at one or more designated locations approved by the commission in or on the premises of:
    (i) a hotel;
    (ii) a resort facility;
    (iii) a sports center;
    (iv) a convention center;
    (v) a performing arts facility;
    (vi) an arena; or
    (vii) a restaurant venue;
    (c) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
    (ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
    (d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Beer: means a product that:
    (i) contains:
    (A) at least . See Utah Code 32B-1-102
  • Event permit: means :
    (a) a single event permit; or
    (b) a temporary beer event permit. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Hotel: includes a commercial lodging establishment that:
    (i) meets the requirements under Subsection (53)(a); and
    (ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
  • Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. 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
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
    (a) a customer;
    (b) a member;
    (c) a guest;
    (d) an attendee of a banquet or event;
    (e) an individual who receives room service;
    (f) a resident of a resort; or
    (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Person: means :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
  • 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
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. 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
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • (a)  a restaurant;

    (b)  an airport lounge;

    (c)  a business operated in the same manner as a bar establishment licensee;

    (d)  a resort;

    (e)  a business operated to sell, offer for sale, or furnish beer for on-premise consumption;

    (f)  a business operated as an on-premise banquet licensee;

    (g)  a hotel; or

    (h)  a business similar to one listed in Subsections (1)(a) through (g).
  • (2)  A person conducting an event that is open to the general public may not directly or indirectly sell, offer for sale, or furnish an alcoholic product to a person attending the event without first obtaining an event permit under this title.

    (3)  A person conducting a private event may not directly or indirectly sell or offer for sale an alcoholic product to a person attending the private event without first obtaining an event permit under this title.

    (4)  A person may not operate the following businesses in this state without first obtaining a license under this title:

    (a)  a winery manufacturer;

    (b)  a distillery manufacturer;

    (c)  a brewery manufacturer;

    (d)  a local industry representative of:

    (i)  a manufacturer of an alcoholic product;

    (ii)  a supplier of an alcoholic product; or

    (iii)  an importer of an alcoholic product;

    (e)  a liquor warehouser; or

    (f)  a beer wholesaler.

    (5)  A person may not operate a public conveyance in this state without first obtaining a public service permit under this title if that public conveyance allows a person to purchase or consume an alcoholic product:

    (a)  on the public conveyance; or

    (b)  on the premises of a hospitality room located within a depot, terminal, or similar facility at which a service is provided to a patron of the public conveyance.

    Amended by Chapter 455, 2017 General Session