(1)  A local authority may issue a license to operate as an on-premise beer retailer, subject to:

Terms Used In Utah Code 32B-6-704

  • Beer: means a product that:
(i) contains:
(A) at least . See Utah Code 32B-1-102
  • Beer retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with 2; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Local authority: means :
    (a) for premises that are located in an unincorporated area of a county, the governing body of a county;
    (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or
    (c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. 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
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and 7; and
    (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
    (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • (a)  the requirement under this part that a person obtain an on-premise beer retailer license issued by the commission to operate as an on-premise beer retailer; and

    (b)  subject to Title 11, Chapter 10, Business Allowing Consumption of Liquor on Premises.

    (2)  For a violation of this title, rules of the commission, or a local ordinance, a local authority may suspend or revoke a business license described in Subsection (1).

    (3) 

    (a)  If the commission suspends or revokes an on-premise beer retailer license issued by the commission under this title, the on-premise beer retailer may not continue to operate under a license issued by a local authority.

    (b)  If a local authority suspends or revokes a business license described in Subsection (1), an on-premise beer retailer may not continue to operate under the on-premise beer retailer license issued by the commission.

    (4)  A person issued a business license issued by a local authority as described in Subsection (1) shall comply with this title, including a provision related to the storage, sale, offer for sale, furnishing, consumption, warehousing, or distribution of beer.

    Enacted by Chapter 276, 2010 General Session