Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
dispense: means :
(i)
drawing an alcoholic product; and
(ii)
using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. 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:
Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title.
(b)
A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is:
(i)
a secondary flavoring ingredient;
(ii)
used as a flavoring on a dessert; or
(iii)
used to set aflame a food dish, drink, or dessert.
(c)
A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall:
(i)
designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and
(ii)
clearly and conspicuously label each secondary flavoring ingredient’s container “flavorings”.
(d)
A patron may have no more than 2.5 ounces of spirituous liquor at a time.
(2)
(a)
(i)
A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion.
(ii)
A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces.
(b)
(i)
A retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.
(ii)
A retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.
(c)
Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces.
(3)
A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(4)
A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(5)
(a)
(i)
Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:
(A)
in an open original container; and
(B)
in a container on draft.
(ii)
A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a)(i):
(A)
in a size of container that exceeds two liters; or
(B)
to an individual patron in a size of container that exceeds one liter.
(b)
A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption:
(i)
in a sealed container; and
(ii)
in a size of container that does not exceed two liters.
(c)
A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces.
