Utah Code 32B-6-707. Application of part to other retail license type
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(1) A retail licensee who is not an on-premise beer retailer, but who sells, offers for sale, or furnishes beer pursuant to a different part under this chapter:
Terms Used In Utah Code 32B-6-707
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beer retailer: means a business that:
(13)(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(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. 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- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Licensee: means a person who holds a license. 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:
(83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:(83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and(83)(b)(ii) on and after March 1, 2012, operating:(83)(b)(ii)(A) as a tavern; or(83)(b)(ii)(B) in a manner that meets the requirements of Subsection32B-6-703 (2)(e)(i). See Utah Code 32B-1-102- Retail license: means one of the following licenses issued under this title:
(113)(a) a full-service restaurant license;(113)(b) a master full-service restaurant license;(113)(c) a limited-service restaurant license;(113)(d) a master limited-service restaurant license;(113)(e) a bar establishment license;(113)(f) an airport lounge license;(113)(g) an on-premise banquet license;(113)(h) an on-premise beer license;(113)(i) a reception center license;(113)(j) a beer-only restaurant license;(113)(k) a hospitality amenity license;(113)(l) a resort license;(113)(m) a hotel license; or(113)(n) an arena license. See Utah Code 32B-1-102- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102(1)(a) may sell, offer for sale, or furnish beer without obtaining a separate on-premise beer retailer license from the commission; and(1)(b) shall comply with the operational requirements under this part that apply to an on-premise beer retailer, except when a requirement of this part is inconsistent with or less restrictive than an operational requirement under the relevant part under this chapter for the type of retail license.(2) Failure of a retail licensee or staff of the retail licensee to comply with a requirement of this part may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:(2)(a) a retail licensee;(2)(b) individual staff of a retail licensee; or(2)(c) both a retail licensee and staff of the retail licensee. - Beer retailer: means a business that: