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
Shared seating area: means the licensed premises of two or more restaurant licensees that the restaurant licensees share as an area for alcoholic beverage consumption in accordance with Subsection 32B-5-207(3). See Utah Code 32B-1-102
a person may not bring onto the licensed premises of a retail licensee an alcoholic product for on-premise consumption;
(b)
a retail licensee may not allow a person to:
(i)
bring onto licensed premises an alcoholic product for on-premise consumption; or
(ii)
consume an alcoholic product brought onto the licensed premises by a person other than the retail licensee; and
(c)
a retail licensee may not sell, offer for sale, or furnish an alcoholic product through a window or door to a location off the licensed premises or to a vehicular traffic area.
(2)
Except as provided in Subsections (3) and (4) and Subsection 32B-4-415(5):
(a)
a person may not carry from the licensed premises of a retail licensee an open container that:
(i)
is used primarily for drinking purposes; and
(ii)
contains an alcoholic product;
(b)
a retail licensee may not permit a patron to carry from the licensed premises an open container described in Subsection (2)(a); and
(c)
(i)
a person may not carry from the licensed premises of a retail licensee a sealed container of liquor that has been purchased from the retail licensee; and
(ii)
a retail licensee may not permit a patron to carry from the licensed premises of the retail licensee a sealed container of liquor that has been purchased from the retail licensee.
(3)
(a)
A patron may bring a bottled wine onto the premises of a retail licensee for on-premise consumption if:
(i)
permitted by the retail licensee; and
(ii)
the retail licensee is authorized to sell, offer for sale, or furnish wine.
(b)
If a patron carries bottled wine onto the licensed premises of a retail licensee, the patron shall deliver the bottled wine to a server or other representative of the retail licensee upon entering the licensed premises.
(c)
A retail licensee authorized to sell, offer for sale, or furnish wine, may provide a wine service for a bottled wine carried onto the licensed premises in accordance with this Subsection (3) or a bottled wine purchased at the licensed premises.
(d)
A patron may remove from a licensed premises the unconsumed contents of a bottle of wine purchased at the licensed premises, or brought onto the licensed premises in accordance with this Subsection (3), only if before removal the bottle is recorked or recapped.
(4)
Neither a patron nor a retail licensee violates this section if:
(a)
the patron is in shared seating; and
(b)
the patron purchased the patron’s alcoholic beverage from a restaurant licensee whose licensed premises include the shared seating area the patron is in.
(5)
(a)
A patron may carry from a retail licensee’s licensed premises a sealed container of beer that has been purchased from the retail licensee.
(b)
A retail licensee may permit a patron to carry from the retail licensee’s licensed premises a sealed container of beer that has been purchased from the retail licensee.
