32B-8-201. Commission’s power to issue a resortlicense.
(1)
Before a person as a resort under a single license may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicensepremises, the person shall first obtain a resort license from the commission in accordance with this part.
Terms Used In Utah Code 32B-8-201
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
Resort: means a location:
(a)
on which is located one resort building; and
(b)
that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
Resort building: means a building:
(a)
that is primarily operated to provide dwellings or lodging accommodations;
(b)
that has at least 150 units that consist of a dwelling or lodging accommodations;
(c)
that consists of at least 400,000 square feet:
(i)
including only the building itself; and
(ii)
not including areas such as above ground surface parking; and
(d)
of which at least 50% of the units described in Subsection (6)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
The commission may issue to a person a resort license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with a resort designated in the resort license if the person operates at least four sublicenses under the resort license.
(b)
A resort license shall:
(i)
consist of:
(A)
a general resort license; and
(B)
four or more sublicenses; and
(ii)
designate the boundary of the resort building.
(c)
This chapter does not prohibit an alcoholic product in or on the boundary of the resort building to the extent otherwise permitted by this title.
(3)
The commission may not issue a total number of resort licenses that at any time totals more than eight.
