Utah Code § 32B-5-304 — Utah Code / Title 32B / Chapter 32B-5 / § 32B-5-304
§ 32B-5-304. Portions in which alcoholic product may be sold.
Status: in_force

(1) (a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title. (b) A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is: (i) a secondary flavoring ingredient; (ii) used as a flavoring on a dessert; (iii) used to set aflame a food dish, drink, or dessert; (iv) in a beverage that: (A) is served to a patron in the original container; (B) is not more than 12 ounces; (C) contains no more than 10% alcohol by volume or 8% by weight; and (D) is in a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high; or (v) in a beverage that: (A) is served to a patron by pouring the beverage from the original sealed container, into a different container as required under Subsection 32B-8d-104(5)(b); (B) is not more than 12 ounces; (C) contains no more than 10% alcohol by volume or 8% by weight; and (D) originates from a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high. (c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall: (i) designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and (ii) clearly and conspicuously label each secondary flavoring ingredient's container "flavorings." (d) (i) A patron may have no more than 2.5 ounces of spirituous liquor at a time. (ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection (1)(b)(iv). (2) (a) (i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion. (ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces. (b) (i) Except as provided in Subsection (6), a retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons. (ii) Except as provided in Subsection (6), a retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons. (c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces. (3) (a) Except as provided in Subsection (6), a retail licensee 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. (4) Except as provided in Subsection (6), a retail licensee 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. (5) (a) (i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption: (A) in an open original container; and (B) in a container on draft. (ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a)(i): (A) in a size of container that exceeds two liters; or (B) to an individual patron in a size of container that exceeds one liter. (b) A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption: (i) in a sealed container; and (ii) in a size of container that does not exceed two liters. (c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces. (6) This section does not prohibit a retail licensee from rounding the price of liquor in accordance with Section 32B-2-213.