32B-8b-201. Commission’s power to issue a hotel license.
(1)
Before a person as a hotel 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 hotel license from the commission in accordance with this part.
Terms Used In Utah Code 32B-8b-201
Banquet: means an event:
(a)
that is a private event or a privately sponsored event;
(b)
that is held at one or more designated locations approved by the commission in or on the premises of:
(i)
a hotel;
(ii)
a resort facility;
(iii)
a sports center;
(iv)
a convention center;
(v)
a performing arts facility;
(vi)
an arena; or
(vii)
a restaurant venue;
(c)
for which there is a contract:
(i)
between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
(ii)
under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
(d)
at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
(c)
primarily operate to provide lodging accommodations;
(d)
have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
(e)
have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
(f)
have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-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
The commission may issue to a person a hotel license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with a hotel designated in the hotel license if the person operates at least three sublicenses under the hotel license:
(i)
one of which is an on-premise banquet license; and
(ii)
one of which is:
(A)
a full-service restaurant sublicense;
(B)
a limited-service restaurant sublicense;
(C)
a beer-only restaurant sublicense; or
(D)
a bar establishment sublicense.
(b)
A hotel license shall:
(i)
consist of:
(A)
a general hotel license; and
(B)
three or more sublicenses meeting the requirements of Subsection (2)(a); and
(ii)
designate the boundary of the hotel and sublicenses.
(c)
This chapter does not prohibit an alcoholic product on the boundary of the hotel to the extent otherwise permitted by this title.
(3)
The commission may not issue a total number of hotel licenses that at any time totals more than 80.
