(1) 

Terms Used In Utah Code 32B-6-805

  • Alcohol training and education seminar: means a seminar that is:
(a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
(b) described in Section 62A-15-401. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
    (a) stored; or
    (b) dispensed. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Container: means a receptacle that contains an alcoholic product, including:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • dispense: means :
    (i) drawing an alcoholic product; and
    (ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. 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;
    (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
    (h) an invitee. See Utah Code 32B-1-102
  • Person: means :Utah Code 48-2e-1156
  • 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 (89)(a) to a third party for the third party's event. 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
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. 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)  In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a reception center licensee and staff of the reception center licensee shall comply with this section.

    (b)  Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

    (i)  a reception center licensee;

    (ii)  individual staff of a reception center licensee; or

    (iii)  both a reception center licensee and staff of the reception center licensee.
  • (2)  In addition to complying with Section 32B-5-303, a reception center licensee shall store an alcoholic product in a storage area described in Subsection (15)(a).

    (3) 

    (a)  For the purpose described in Subsection (3)(b), a reception center licensee shall provide the following with advance notice of a scheduled event in accordance with rules made by the commission:

    (i)  the department; and

    (ii)  the local law enforcement agency responsible for the enforcement of this title in the jurisdiction where the reception center is located.

    (b)  Any of the following may conduct a random inspection of an event:

    (i)  an authorized representative of the commission or the department; or

    (ii)  a law enforcement officer.

    (4) 

    (a)  Except as otherwise provided in this title, a reception center licensee may sell, offer for sale, or furnish an alcoholic product at an event only for consumption at the reception center’s licensed premises.

    (b)  A host of an event, a patron, or a person other than the reception center licensee or staff of the reception center licensee, may not remove an alcoholic product from the reception center’s licensed premises.

    (c)  Notwithstanding Section 32B-5-307, a patron at an event may not bring an alcoholic product into or onto, or remove an alcoholic product from, the reception center.

    (5) 

    (a)  A reception center licensee may not leave an unsold alcoholic product at an event following the conclusion of the event.

    (b)  At the conclusion of an event, a reception center licensee shall:

    (i)  destroy an opened and unused alcoholic product that is not saleable, under conditions established by the department; and

    (ii)  return to the reception center licensee’s approved locked storage area any:

    (A)  opened and unused alcoholic product that is saleable; and

    (B)  unopened container of an alcoholic product.

    (c)  Except as provided in Subsection (5)(b) with regard to an open or sealed container of an alcoholic product not sold or consumed at an event, a reception center licensee:

    (i)  shall store the alcoholic product in accordance with Subsection (2); and

    (ii)  may use the alcoholic product at more than one event.

    (6)  Notwithstanding Section 32B-5-308, a reception center licensee may not employ a minor in connection with an event at the reception center at which food is not made available.

    (7)  A person’s willingness to serve an alcoholic product may not be made a condition of employment as a server with a reception center licensee.

    (8)  A reception center licensee may not sell, offer for sale, or furnish an alcoholic product at the licensed premises on any day during the period that:

    (a)  begins at 1 a.m.; and

    (b)  ends at 9:59 a.m.

    (9) 

    (a)  A reception center licensee may not maintain in excess of 30% of its total annual receipts from the sale of an alcoholic product, which includes:

    (i)  mix for an alcoholic product; or

    (ii)  a charge in connection with the furnishing of an alcoholic product.

    (b)  A reception center licensee shall report the information necessary to show compliance with this Subsection (9) to the department on an annual basis.

    (10)  A reception center licensee may not sell, offer for sale, or furnish an alcoholic product at an event at which a minor is present unless the reception center licensee makes food available at all times when an alcoholic product is sold, offered for sale, furnished, or consumed during the event.

    (11) 

    (a)  Subject to the other provisions of this Subsection (11), a patron may not have more than two alcoholic products of any kind at a time before the patron.

    (b)  An individual portion of wine is considered to be one alcoholic product under Subsection (11)(a).

    (12) 

    (a)  A reception center licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product.

    (b)  A person involved in the sale, offer for sale, or furnishing of an alcoholic product shall complete an alcohol training and education seminar.

    (13)  A staff person of a reception center licensee shall remain at an event at all times when an alcoholic product is sold, offered for sale, furnished, or consumed at the event.

    (14)  A reception center licensee may not sell, offer for sale, or furnish an alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar structure.

    (15)  Except as provided in Subsection (16), a reception center licensee may dispense an alcoholic product only if:

    (a)  the alcoholic product is dispensed from an area that is:

    (i)  separated from an area for the consumption of food by a patron by a solid, translucent, permanent structural barrier such that the facilities for the storage or dispensing of an alcoholic product are:

    (A)  not readily visible to a patron; and

    (B)  not accessible by a patron; and

    (ii)  apart from an area used:

    (A)  for staging; or

    (B)  as a lobby or waiting area;

    (b)  the reception center licensee uses an alcoholic product that is:

    (i)  stored in an area described in Subsection (15)(a); or

    (ii)  in an area not described in Subsection (15)(a) on the licensed premises and:

    (A)  immediately before the alcoholic product is dispensed it is in an unopened container;

    (B)  the unopened container is taken to an area described in Subsection (15)(a) before it is opened; and

    (C)  once opened, the container is stored in an area described in Subsection (15)(a); and

    (c)  any instrument or equipment used to dispense an alcoholic product is located in an area described in Subsection (15)(a).

    (16)  A reception center licensee may dispense an alcoholic product from a mobile serving area that:

    (a)  is moved only by staff of the reception center licensee;

    (b)  is capable of being moved by only one individual; and

    (c)  is no larger than 6 feet long and 30 inches wide.

    (17) 

    (a)  A reception center licensee may not have an event on the licensed premises except pursuant to a contract between a third party host of the event and the reception center licensee under which the reception center licensee provides an alcoholic product sold, offered for sale, or furnished at an event.

    (b)  At an event, a reception center licensee may furnish an alcoholic product:

    (i)  without charge to a patron, except that the third party host of the event shall pay for an alcoholic product furnished at the event; or

    (ii)  with a charge to a patron at the event.

    (c)  The commission may by rule define what constitutes a “third-party host” for purposes of this Subsection (17) so that a reception center licensee and the third-party host are not owned by or operated by the same persons, except that the rule shall permit a reception center licensee to host an event for an immediate family member of the reception center licensee.

    (18)  A reception center licensee shall have culinary facilities that are:

    (a)  adequate to prepare a full meal; and

    (b) 

    (i)  located on the licensed premises; or

    (ii)  under the same control as the reception center licensee.

    (19) 

    (a)  Except as provided in Subsection (19)(b), a reception center licensee may not operate an event:

    (i)  that is open to the general public; and

    (ii)  at which an alcoholic product is sold or offered for sale.

    (b)  A reception center licensee may operate an event described in Subsection (19)(a) if the event is hosted:

    (i)  at the reception center no more frequently than once a calendar year; and

    (ii)  by a nonprofit organization that is organized and qualified under Section 501(c), Internal Revenue Code.

    Amended by Chapter 365, 2012 General Session

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