intoxication: means that an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
(a)
an alcoholic product;
(b)
a controlled substance;
(c)
a substance having the property of releasing toxic vapors; or
(d)
a combination of products or substances described in Subsections (60)(a) through (c). 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:
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
A retail licensee may sell, offer for sale, or furnishliquor only at a price fixed by the commission.
(b)
A retail licensee may not sell an alcoholic product at a discount price on any date or at any time.
(2)
(a)
A retail licensee may not sell, offer for sale, or furnish an alcoholic product at less than the cost of the alcoholic product to the retail licensee.
(b)
A retail licensee may not sell, offer for sale, or furnish an alcoholic product at a special or reduced price that encourages overconsumption or intoxication.
(c)
A retail licensee may not sell, offer for sale, or furnish an alcoholic product at a special or reduced price for only certain hours of the retail licensee’s business day, such as a “happy hour.”
(d)
A retail licensee may not sell, offer for sale, or furnish more than one alcoholic product for the price of a single alcoholic product.
(e)
A retail licensee may not sell, offer for sale, or furnish an indefinite or unlimited number of alcoholic products during a set period for a fixed price.
(f)
A retail licensee may not engage in a promotion involving or offering a free alcoholic product to the general public.
(3)
As authorized by commission rule, a retail licensee may charge a patron for providing:
(a)
a service related to liquor purchased at the licensed premises; or
(b)
wine service performed for wine carried in by a patron in accordance with Section 32B-5-307.
