(1) Except as provided in Subsections (2) through (5), a person operating under a sublicense is subject to the operational requirements under the provisions applicable to the sublicense.
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Terms Used In Utah Code 32B-8d-104

  • Alcoholic beverage: means the following:
         (3)(a) beer; or
         (3)(b) liquor. See Utah Code 32B-1-102
  • Arena: means an enclosed building:
         (6)(a) that is managed by:
              (6)(a)(i) the same person who owns the enclosed building;
              (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
              (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
         (6)(b) that operates as a venue; and
         (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
  • Banquet: means an event:
         (8)(a) that is a private event or a privately sponsored event;
         (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:
              (8)(b)(i) a hotel;
              (8)(b)(ii) a resort facility;
              (8)(b)(iii) a sports center;
              (8)(b)(iv) a convention center;
              (8)(b)(v) a performing arts facility;
              (8)(b)(vi) an arena; or
              (8)(b)(vii) a restaurant venue;
         (8)(c) for which there is a contract:
              (8)(c)(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
              (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
         (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . See Utah Code 32B-1-102
  • Beer retailer: means a business that:
         (13)(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
         (13)(b) is licensed as:
              (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
              (13)(b)(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
  • Container: means a receptacle that contains an alcoholic product, including:
         (25)(a) a bottle;
         (25)(b) a vessel; or
         (25)(c) a similar item. See Utah Code 32B-1-102
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • License: means :
         (62)(a) a retail license;
         (62)(b) a sublicense;
         (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
         (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
         (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
         (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
         (62)(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
  • Opaque: means impenetrable to sight. 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:
         (87)(a) a customer;
         (87)(b) a member;
         (87)(c) a guest;
         (87)(d) an attendee of a banquet or event;
         (87)(e) an individual who receives room service;
         (87)(f) a resident of a resort; or
         (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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
  • Provisions applicable to a sublicense: means :
         (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
         (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
         (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
         (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
         (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
         (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
         (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
         (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102
  • Restaurant: means a business location:
         (110)(a) at which a variety of foods are prepared;
         (110)(b) at which complete meals are served; and
         (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Staff: includes :
              (128)(b)(i) an officer;
              (128)(b)(ii) a director;
              (128)(b)(iii) an employee;
              (128)(b)(iv) personnel management;
              (128)(b)(v) an agent of the licensee, including a managing agent;
              (128)(b)(vi) an operator; or
              (128)(b)(vii) a representative. See Utah Code 32B-1-102
  • Sublicense: means :
         (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
              (133)(a)(i) a full-service restaurant license;
              (133)(a)(ii) a limited-service restaurant license;
              (133)(a)(iii) a bar establishment license;
              (133)(a)(iv) an on-premise banquet license;
              (133)(a)(v) an on-premise beer retailer license;
              (133)(a)(vi) a beer-only restaurant license; or
              (133)(a)(vii) a hospitality amenity license; or
         (133)(b) a spa sublicense. See Utah Code 32B-1-102
(2) Notwithstanding a requirement in the provisions applicable to the sublicense, a person operating under the sublicense is not subject to a requirement that a certain percentage of the gross receipts for the sublicense be from the sale of food, except to the extent that the gross receipts for the sublicense are included in calculating the percentages under Subsections 32B-8-401(3), 32B-8b-301(6), and 32B-8c-301(3).
(3) Notwithstanding Section 32B-5-307,a patron may transport beer between the sublicensed premises of an arena licensee‘s accompanying sublicenses, if the patron transports the beer from and to an area of each sublicensed premises:

     (3)(a) that is adjacent to the other; and
     (3)(b) where the consumption of beer is permitted.
(4) Notwithstanding Section 32B-5-307, staff of a sublicensee or person otherwise operating under a sublicense of a hotel licensee or a resort licensee may transport an alcoholic beverage from and to sublicensed premises of the hotel license or resort license, if:

     (4)(a) the sublicensee is:

          (4)(a)(i) a full-service restaurant sublicensee;
          (4)(a)(ii) a limited-service restaurant sublicensee;
          (4)(a)(iii) a bar establishment sublicensee;
          (4)(a)(iv) a beer-only restaurant sublicensee; or
          (4)(a)(v) an on-premise beer retailer sublicensee;
     (4)(b) the individual staff carries the alcoholic beverage:

          (4)(b)(i) from the sublicensed premises of a sublicensee described in Subsection (4)(a);
          (4)(b)(ii) briefly through an unlicensed area or briefly through sublicensed premises on which the type of alcoholic beverage that the individual staff carries is permitted; and
          (4)(b)(iii) to the sublicensed premises of a sublicensee described in Subsection (4)(a); and
     (4)(c) the individual staff at all times stays within:

          (4)(c)(i) the boundary of the hotel; or
          (4)(c)(ii) the boundary of the resort building.
(5)

     (5)(a) Notwithstanding Section 32B-5-307, 32B-6-605, or 32B-6-1005, a patron may transport an alcoholic beverage between any of the following locations, if the patron lawfully obtained the alcoholic beverage on the premises of a sublicensee described in Subsections (5)(a)(i) through (iv) and complies with Subsection (5)(b):

          (5)(a)(i) a bar establishment sublicensee’s sublicensed premises;
          (5)(a)(ii) a hospitality amenity sublicensee’s sublicensed premises;
          (5)(a)(iii) an on-premise banquet sublicensee’s sublicensed premises; and
          (5)(a)(iv) a guest room.
     (5)(b) A patron may transport an alcoholic beverage in accordance with Subsection (5)(a) only if:

          (5)(b)(i) the patron travels exclusively within a designated conveyance area as defined in Section 32B-8-102 or 32B-8b-102; and
          (5)(b)(ii) the alcoholic beverage:

               (5)(b)(ii)(A) is not in the alcoholic beverage’s original container; and
               (5)(b)(ii)(B) is in an opaque or solid color container that is readily identifiable as intended for use in a designated conveyance area.
(6) Except as provided in Section 32B-8-502, for purposes of interpreting an operational requirement imposed by the provisions applicable to a sublicense:

     (6)(a) a requirement imposed on a sublicensee or person operating under a sublicense applies to the principal licensee; and
     (6)(b) a requirement imposed on staff of a sublicensee or person operating under a sublicense applies to staff of the principal licensee.
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