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:
Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
In addition to complying with Section 32B-9-204, a single event permittee or a person involved in the storage, sale, offer for sale, or furnishing of an alcoholic product at the event shall comply with this section.
(b)
Failure to comply as provided in Subsection (1)(a):
a person involved in the storage, sale, offer for sale, or furnishing of an alcoholic product at the event; or
(III)
any combination of persons listed in this Subsection (1)(b);
(B)
immediate revocation of the single event permit;
(C)
forfeiture of a bond; or
(D)
immediate seizure of an alcoholic product present at the event; and
(ii)
if the single event permit is revoked, disqualifies the single event permittee from applying for a single event permit or temporary beer event permit for a period of three years from the date of revocation of the single event permit.
(c)
An alcoholic product seized under this Subsection (1) shall be returned to the single event permittee after an event if forfeiture proceedings are not instituted under Section 32B-4-206.
(2)
(a)
A single event permittee shall make and maintain an expense and revenue ledger or record showing:
(i)
expenditures made for:
(A)
liquor;
(B)
beer;
(C)
set-ups; and
(D)
an ingredient or component of an alcoholic product other than a set-up; and
(ii)
the revenue from the sale of an alcoholic product.
(b)
Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (2).
(3)
A single event permittee shall purchase liquor stored, sold, offered for sale, furnished, or consumed at an event from a state store or package agency.
(4)
(a)
A single event permittee may not sell, offer for sale, or furnish a primary spirituous liquor in a quantity that exceeds 1.5 ounces per beverage, except that additional spirituous liquor may be used in a beverage if:
(i)
used as a secondary flavoring ingredient;
(ii)
used in conjunction with the primary spirituous liquor;
(iii)
the secondary ingredient is not the only spirituous liquor in the beverage; and
a patron has no more than 2.5 ounces of spirituous liquor at a time before the patron; and
(B)
a patron has no more than one spirituous liquor drink at a time before the patron.
(b)
Spirituous liquor need not be dispensed through a calibrated metered dispensing system.
(5)
(a)
A single event permittee may sell, offer for sale, or furnish wine by the glass or an individual portion, except that a glass or individual portion may not exceed five ounces.
(b)
A single event permittee may furnish an individual portion served to a patron in more than one glass if the total amount of wine does not exceed five ounces.
(c)
An individual portion of wine is considered to be one alcoholic product under Subsection 32B-9-204(18).
(d)
A single event permittee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission.
(6)
A single event permittee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(7)
A single event permittee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(8)
A single event permittee may sell liquor only at a price fixed by the commission.
(9)
A single event permittee may perform a service and assess a service charge as authorized by commission rule for liquor purchased at an event.
Amended by Chapter 307, 2011 General Session Amended by Chapter 334, 2011 General Session
