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
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
Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
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
Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
In addition to complying with 3, a hotellicensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
a sublicensee or person otherwise operating under a sublicense of the hotel licensee;
(iv)
individual staff of a sublicensee or person otherwise operating under a sublicense of the hotel licensee; or
(v)
any combination of the persons listed in this Subsection (1)(b).
(2)
(a)
A hotel 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 hotel 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 sublicensed 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 (4).
(c)
Notwithstanding the other provisions of this Subsection (2) and except as provided in Section 32B-8d-104, a hotel licensee may not permit a patron to carry an alcoholic product off the premises of a sublicense in violation of Section 32B-5-307 or off an area designated under a permit.
(3)
A hotel licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a hotel license.
(4)
(a)
Room service of an alcoholic product to a lodging accommodation of a hotel licensee shall be provided in person by staff of the hotel 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.
(5)
A hotel 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 hotel license and each of the hotel license’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.
