32B-8-401.  Specific operational requirements for resort license.

(1) 

Terms Used In Utah Code 32B-8-401

  • Alcohol training and education seminar: means a seminar that is:
(a) required by 7; and
(b) described in Section 26B-5-205. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (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
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • 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 license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
    (a) hotel; or
    (b) resort facility. 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) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
    (i) a full-service restaurant license;
    (ii) a limited-service restaurant license;
    (iii) a bar establishment license;
    (iv) an on-premise banquet license;
    (v) an on-premise beer retailer license;
    (vi) a beer-only restaurant license; or
    (vii) a hospitality amenity license; or
    (b) a spa sublicense. See Utah Code 32B-1-102
    (a)  In addition to complying with 3, a resort licensee, staff of the resort licensee, and a sublicensee or a person otherwise operating under a 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)  the resort licensee;

    (ii)  individual staff of the resort licensee;

    (iii)  a sublicensee or person otherwise operating under a sublicense of the resort licensee;

    (iv)  individual staff of a sublicensee or person otherwise operating under a sublicense of the resort licensee; or

    (v)  any combination of the persons listed in Subsections (1)(b)(i) through (iv).
  • (2) 

    (a)  A resort licensee may not sell, offer for sale, or furnish an alcoholic product except:

    (i)  on sublicensed premises;

    (ii)  pursuant to a permit issued under this title;

    (iii)  under a package agency agreement with the department, subject to 6; or

    (iv)  through room service.

    (b)  A resort licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a), shall sell, offer for sale, or furnish the alcoholic product:

    (i)  if on a sublicense premises, in accordance with the operational requirements described in Section 32B-8d-104;

    (ii)  if under a permit issued under this title, in accordance with the operational requirements under the provisions applicable to the permit;

    (iii)  if as a package agency, in accordance with the contract with the department and 6; and

    (iv)  if through room service, in accordance with Subsection (5).

    (3)  A resort licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food or beverages for the resort license and each of the resort licensee’s sublicenses is from the sale of food, not including:

    (a)  mix for an alcoholic product; and

    (b)  a charge in connection with the service of an alcoholic product.

    (4) 

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

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

    (5) 

    (a)  Room service of an alcoholic product to a lodging accommodation of a resort licensee shall be provided in person by staff of the resort licensee only to an adult occupant in the lodging accommodation.

    (b)  An alcoholic product may not be left outside a lodging accommodation for retrieval by an occupant.

    Amended by Chapter 371, 2023 General Session