32B-5-306.  Purchasing or selling alcoholic product.

(1)  A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:

Terms Used In Utah Code 32B-5-306

  • Furnish: includes to:
(i) serve;
(ii) deliver; or
(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:
    (a) law; or
    (b) court order. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. 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
  • 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
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
    (a)  a minor;

    (b)  a person actually, apparently, or obviously intoxicated;

    (c)  a known interdicted person; or

    (d)  a known habitual drunkard.
  • (2) 

    (a)  A patron may only purchase an alcoholic product in the licensed premises of a retail licensee from and be served by an individual who is:

    (i)  staff of the retail licensee; and

    (ii)  designated and trained by the retail licensee to sell and serve an alcoholic product.

    (b)  An individual may sell, offer for sale, or furnish an alcoholic product to a patron only if the individual is:

    (i)  staff of the retail licensee; and

    (ii)  designated and trained by the retail licensee to sell and serve an alcoholic product.

    (c)  Notwithstanding Subsection (2)(a) or (b), a patron who purchases bottled wine from staff of the retail licensee or carries bottled wine onto the retail licensee’s premises pursuant to Section 32B-5-307 may thereafter serve wine from the bottle to the patron or others at the patron’s table.

    (3)  The following may not purchase an alcoholic product for a patron:

    (a)  a retail licensee; or

    (b)  staff of a retail licensee.

    (4)  After a retail licensee closes the retail licensee’s business at the licensed premises, the retail licensee may transfer the retail licensee’s inventory of alcoholic product from that premises to another premises licensed under this chapter that is owned by the same retail licensee.

    Amended by Chapter 403, 2019 General Session