32B-8-304.  Specific operational requirements for resort spa sublicense.

(1) 

Terms Used In Utah Code 32B-8-304

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Beer: includes a product that:
(i) contains alcohol in the percentages described in Subsection (10)(a); and
(ii) is referred to as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager; or
(F) a malt or malted beverage. 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 Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (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 Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dispensing structure: means a surface or structure on a licensed premises:
    (a) where an alcoholic product is dispensed; or
    (b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Heavy beer: means a product that:
    (i) contains more than 4% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • Invitee: means an individual who in accordance with Subsection 32B-8-304(11) is authorized to use a resort spa by a host who is:
    (a) a resident; or
    (b) a public customer. See Utah Code 32B-8-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. 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
  • Lounge or bar area: is a s defined by rule made by the commission. 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
  • 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 Chapter 6, Part 7, On-Premise Beer Retailer License; 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
  • 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
  • Public customer: means an individual who holds a customer card in accordance with Subsection 32B-8-304(12). See Utah Code 32B-8-102
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Resident: means an individual who:
    (a) owns a dwelling located within a resort building; or
    (b) rents lodging accommodations for 30 consecutive days or less from:
    (i) an owner of a dwelling described in Subsection (7)(a); or
    (ii) the resort licensee. See Utah Code 32B-8-102
  • 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 spa: means a spa, as defined by rule by the commission, that is within the boundary of a resort building. See Utah Code 32B-8-102
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. 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
  • Sublicense: means :
    (a) a full-service restaurant sublicense;
    (b) a limited-service restaurant sublicense;
    (c) a bar establishment sublicense;
    (d) an on-premise banquet sublicense;
    (e) an on-premise beer retailer sublicense; and
    (f) a resort spa sublicense. See Utah Code 32B-8-102
  • Sublicense premises: means a building, enclosure, or room used pursuant to a sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic product, unless otherwise defined in this title or in the rules made by the commission. See Utah Code 32B-8-102
  • 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 resort licensee, staff of the resort licensee, or a person otherwise related to a resort spa sublicense shall comply with this section.

    (b)  Subject to Section 32B-8-502, 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 retail licensee;

    (ii)  staff of the retail licensee;

    (iii)  a person otherwise related to a resort spa sublicense; or

    (iv)  any combination of the persons listed in this Subsection (1)(b).
  • (2) 

    (a)  For purposes of the resort spa sublicense, the resort licensee shall ensure that a record required by this title is maintained, and a record is maintained or used for the resort spa sublicense:

    (i)  as the department requires; and

    (ii)  for a minimum period of three years.

    (b)  A record is subject to inspection by an authorized representative of the commission and the department.

    (c)  A resort licensee shall allow the department, through an auditor or examiner of the department, to audit the records for a resort spa sublicense at the times the department considers advisable.

    (d)  The department shall audit the records for a resort spa sublicense at least once annually.

    (e)  Section 32B-1-205 applies to a record required to be made, maintained, or used in accordance with this Subsection (2).

    (3) 

    (a)  A person operating under a resort spa sublicense may not sell, offer for sale, or furnish liquor at a resort spa during a period that:

    (i)  begins at 1 a.m.; and

    (ii)  ends at 9:59 a.m.

    (b)  A person operating under a resort spa sublicense may sell, offer for sale, or furnish beer during the hours specified in Chapter 6, Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer.

    (c) 

    (i)  Notwithstanding Subsections (3)(a) and (b), a resort spa shall remain open for one hour after the resort spa ceases the sale and furnishing of an alcoholic product during which time a person at the resort spa may finish consuming:

    (A)  a single drink containing spirituous liquor;

    (B)  a single serving of wine not exceeding five ounces;

    (C)  a single serving of heavy beer;

    (D)  a single serving of beer not exceeding 26 ounces; or

    (E)  a single serving of a flavored malt beverage.

    (ii)  A resort spa is not required to remain open:

    (A)  after all persons have vacated the resort spa sublicense premises; or

    (B)  during an emergency.

    (4)  A minor may not be admitted into, use, or be on:

    (a)  the sublicense premises of a resort spa unless accompanied by a person 21 years of age or older; or

    (b)  a lounge or bar area of the resort spa sublicense premises.

    (5)  A resort spa shall have food available at all times when an alcoholic product is sold, offered for sale, furnished, or consumed on the resort spa sublicense premises.

    (6) 

    (a)  Subject to the other provisions of this Subsection (6), a patron may not have more than two alcoholic products of any kind at a time before the patron.

    (b)  A resort spa patron may not have two spirituous liquor drinks before the resort spa patron if one of the spirituous liquor drinks consists only of the primary spirituous liquor for the other spirituous liquor drink.

    (c)  An individual portion of wine is considered to be one alcoholic product under this Subsection (6).

    (7) 

    (a)  An alcoholic product may only be consumed at a table or counter.

    (b)  An alcoholic product may not be served to or consumed by a patron at a dispensing structure.

    (8) 

    (a)  A person operating under a resort spa sublicense shall have available on the resort spa sublicense premises for a patron to review at the time that the patron requests it, a written alcoholic product price list or a menu containing the price of an alcoholic product sold or furnished by the resort spa including:

    (i)  a set-up charge;

    (ii)  a service charge; or

    (iii)  a chilling fee.

    (b)  A charge or fee made in connection with the sale, service, or consumption of liquor may be stated in food or alcoholic product menus including:

    (i)  a set-up charge;

    (ii)  a service charge; or

    (iii)  a chilling fee.

    (9) 

    (a)  A resort licensee shall own or lease premises suitable for the resort spa’s activities.

    (b)  A resort licensee may not maintain premises in a manner that barricades or conceals the resort spa sublicense’s operation.

    (10)  Subject to the other provisions of this section, a person operating under a resort spa sublicense may not sell an alcoholic product to or allow a person to be admitted to or use the resort spa sublicense premises other than:

    (a)  a resident;

    (b)  a public customer who holds a valid customer card issued under Subsection (12); or

    (c)  an invitee.

    (11)  A person operating under a resort spa sublicense may allow an individual to be admitted to or use the resort spa sublicense premises as an invitee subject to the following conditions:

    (a)  the individual shall be previously authorized by one of the following who agrees to host the individual as an invitee into the resort spa:

    (i)  a resident; or

    (ii)  a public customer as described in Subsection (10);

    (b)  the individual has only those privileges derived from the individual’s host for the duration of the invitee’s visit to the resort spa; and

    (c)  a resort licensee, resort spa, or staff of the resort licensee or resort spa may not enter into an agreement or arrangement with a resident or public customer to indiscriminately host a member of the general public into the resort spa as an invitee.

    (12)  A person operating under a resort spa sublicense may issue a customer card to allow an individual to enter and use the resort spa sublicense premises on a temporary basis under the following conditions:

    (a)  the resort spa may not issue a customer card for a time period that exceeds three weeks;

    (b)  the resort spa shall assess a fee to a public customer for a customer card;

    (c)  the resort spa may not issue a customer card to a minor; and

    (d)  a public customer may not host more than seven invitees at one time.

    Amended by Chapter 455, 2017 General Session

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