32B-6-803. Commission’s power to issue reception centerlicense.
(1)
Before a person may store, sell, offer for sale, or furnish an alcoholic product on the person’s premises as a reception center, the person shall first obtain a reception center license from the commission in accordance with this part.
Terms Used In Utah Code 32B-6-803
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. 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
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
Reception center: means a business that:
(a)
operates facilities that are at least 5,000 square feet; and
(b)
has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(2)
The commission may issue a reception center license to establish reception center licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated as a reception center.
(3)
Subject to Section 32B-1-201, the commission may not issue a total number of reception center licenses that at any time exceeds the number determined by dividing the population of the state by 251,693.
(4)
The commission may not issue a reception center license for premises that do not meet the proximity requirements of Section 32B-1-202.
(5)
(a)
To be licensed as a reception center, a person may not maintain more than 30% of the person’s total annual gross receipts from the sale of alcoholic products.
(b)
For purposes of Subsection (5)(a):
(i)
an alcoholic product includes:
(A)
mix for an alcoholic product; and
(B)
a charge in connection with the furnishing of an alcoholic product; and
(ii)
gross receipts do not include any charge for renting a room or facility.
(c)
A reception center licensee shall report the information necessary to show compliance with this Subsection (5) to the department on an annual basis.
