reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 4 - Operational Requirements › Section 401 - Specific operational requirements for resort license.

Effective 5/3/2023
32B-8-401.
Specific operational requirements for resort license.
(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a resort licensee, staff of the resort licensee, and a sublicensee or a person otherwise operating under a sublicense shall comply with this section.
(b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) the resort licensee;
(ii) individual staff of the resort licensee;
(iii) a sublicensee or person otherwise operating under a sublicense of the resort licensee;
(iv) individual staff of a sublicensee or person otherwise operating under a sublicense of the resort licensee; or
(v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
(2)
(a) A resort 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 Chapter 2, Part 6, Package Agency; or
(iv) through room service.
(b) A resort 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 a sublicense 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 Chapter 2, Part 6, Package Agency; and
(iv) if through room service, in accordance with Subsection (5).
(3) A resort 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 resort license and each of the resort licensee'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.
(4)
(a) A resort licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a resort license.
(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product under a resort license shall complete the alcohol training and education seminar.
(5)
(a) Room service of an alcoholic product to a lodging accommodation of a resort licensee shall be provided in person by staff of the resort 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.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 5 - Enforcement › Section 501 - Enforcement of qualifications for resort license or sublicense.

Effective 5/5/2021
32B-8-501.
Enforcement of qualifications for resort license or sublicense.
(1) The commission or department may not take an action described in Subsection (2) with regard to a resort license unless the person who is found not to meet the qualifications of Subsection 32B-1-304(1) is one of the following who is engaged in the management of the resort:
(a) a partner;
(b) a managing agent;
(c) a manager;
(d) an officer;
(e) a director;
(f) a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation;
(g) a member who owns at least 20% of the limited liability company; or
(h) a person employed to act in a supervisory or managerial capacity for the resort licensee.
(2) Subsection (1) applies to:
(a) the commission immediately suspending or revoking a resort license, if after the day on which the resort license is issued, a person described in Subsection 32B-1-304(7)(a)(i):
(i) is found to have been convicted of an offense described in Subsection 32B-1-304(1)(a) before the commission issues the resort license; or
(ii) on or after the day on which the commission issues the resort license:
(A) is convicted of an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or
(B)
(I) is convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and
(II) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A);
(b) the director taking an emergency action by immediately suspending the operation of a resort license in accordance with Title 63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matter is being adjudicated if a person described in Subsection 32B-1-304(7)(a):
(i) is arrested on a charge for an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or
(ii)
(A) is arrested on a charge for the offense of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and
(B) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is arrested on a charge described in Subsection (2)(b)(ii)(A); and
(c) the commission suspending or revoking a resort license because a person to whom the commission issues a resort license under this chapter no longer possesses the qualifications required by this title for obtaining the resort license.
(3) This section does not prevent the commission from suspending or revoking a sublicense that is part of a resort license if a person employed to act in a supervisory or managerial capacity for a sublicense no longer meets the qualification requirements in the provisions applicable to the sublicense.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 5 - Enforcement › Section 502 - Enforcement of operational requirements for resort license or sublicense.

Effective 5/12/2020
32B-8-502.
Enforcement of operational requirements for resort license or sublicense.
(1)
(a) Except as provided in Subsection (2), failure by a person described in Subsection (1)(b) to comply with this chapter or Chapter 8d, Sublicense Act, may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a resort licensee;
(ii) individual staff of a resort licensee;
(iii) a sublicense or person otherwise operating under a sublicense;
(iv) individual staff of a sublicense or person otherwise operating under a sublicense; or
(v) any combination of the persons listed in Subsections (1)(a)(i) through (iv).
(b) This Subsection (1) applies to:
(i) a resort licensee;
(ii) a sublicense or person operating under a sublicense of a resort license; or
(iii) staff of a resort licensee or sublicensee or other person operating under a sublicense of a resort license.
(2)
(a) Notwithstanding the other provisions of this title, if the failure to comply with this chapter described in Subsection (1) relates to a sale, offer for sale, or furnishing of an alcoholic product on sublicensed premises, a resort licensee or an individual member of the resort licensee's management personnel is subject to a sanction described in Subsection (1), only if the commission finds that:
(i) during the three years before the day on which the commission makes the finding, there are three or more disciplinary proceedings against any sublicensee or person operating under a sublicense of the resort licensee for failure to comply with an operational requirement applicable to the sublicense; and
(ii) the resort licensee has not taken reasonable steps to prevent persons operating under a sublicense of the resort licensee from failing to comply with operational requirements applicable to the sublicense.
(b) This Subsection (2) applies if the three or more disciplinary proceedings described in Subsection (2)(a) are against:
(i) the same person operating under a sublicense of the resort licensee; or
(ii) two or more different persons operating under a sublicense of the resort licensee.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8b - Hotel License Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
32B-8b-102.
Definitions.
As used in this chapter:
(1) "Boundary of a hotel" means the physical boundary of one or more contiguous parcels of real property owned or managed by the same person and on which a hotel is located.
(2) "Hotel" means one or more buildings that:
(a) comprise a hotel, as defined by the commission;
(b) 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.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8b - Hotel License Act › Part 2 - Hotel Licensing Process › Section 201 - Commission's power to issue a hotel license.

Effective 5/12/2020
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 sublicense premises, the person shall first obtain a hotel license from the commission in accordance with this part.
(2)
(a) 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.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8b - Hotel License Act › Part 2 - Hotel Licensing Process › Section 202 - Specific licensing requirements for hotel license.

Effective 5/12/2020
32B-8b-202.
Specific licensing requirements for hotel license.
(1) To obtain a hotel license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the person's written application:
(a) evidence:
(i) of proximity of each building under the hotel license to any community location;
(ii) that each proposed sublicensed premises is entirely within the boundary of the hotel; and
(iii) that each building designated in the application as a building under the hotel license qualifies to be under the hotel license; and
(b) a description and boundary map of the hotel.
(2)
(a) A hotel license expires on October 31 of each year.
(b) To renew a person's hotel license, the person shall comply with the requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for a hotel license is $500.
(b) The initial license fee for a hotel license is calculated as follows:
(i) if three sublicenses are being applied for under the hotel license, $5,000; or
(ii) if more than three sublicenses are being applied for under the hotel license, the sum of:
(A) $5,000; and
(B) $2,000 for each sublicense in excess of three sublicenses for which the person is applying.
(c) The renewal fee for a hotel license is $1,000 for each sublicense under the hotel license.
(4)
(a) The bond amount required for a hotel license is the penal sum of $10,000.
(b) A hotel licensee is not required to have a separate bond for each sublicense, except that the aggregate of the bonds posted by the hotel licensee shall cover each sublicense under the hotel license.
(5) The commission may not issue a hotel license that includes a building under the hotel license that does not meet the proximity requirements of Section 32B-1-202.
(6) In accordance with Subsection 32B-8d-103(4), a hotel licensee may request to add a sublicense after the commission issues the hotel licensee's hotel license.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8b - Hotel License Act › Part 3 - Operational Requirements › Section 301 - Specific operational requirements for hotel license.

Effective 5/3/2023
32B-8b-301.
Specific operational requirements for hotel license.
(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) the hotel licensee;
(ii) individual staff of the hotel licensee;
(iii) 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 Chapter 2, Part 6, Package Agency; 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 Chapter 2, Part 6, Package Agency; 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.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8b - Hotel License Act › Part 4 - Enforcement › Section 401 - Enforcement of operational requirements for hotel license or sublicense.

Effective 5/12/2020
32B-8b-401.
Enforcement of operational requirements for hotel license or sublicense.
(1) Failure by a person described in Subsection (2) to comply with this chapter or Chapter 8d, Sublicense Act, may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) the hotel licensee;
(b) individual staff of the hotel licensee;
(c) a sublicensee or person otherwise operating under a sublicense of the hotel licensee;
(d) individual staff of a sublicensee or person otherwise operating under a sublicense of the hotel licensee; or
(e) any combination of the persons listed in this Subsection (1).
(2) Subsection (1) applies to:
(a) a hotel licensee;
(b) a sublicensee or person operating under a sublicense of a hotel licensee; or
(c) staff of a hotel licensee or sublicensee or other person operating under a sublicense of a hotel licensee.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8c - Arena License Act › Section 201 - Commission's power to issue an arena license.

Effective 5/12/2020
32B-8c-201.
Commission's power to issue an arena license.
(1) Before a person as an arena under a single license may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicensed premises, the person shall first obtain an arena license from the commission in accordance with this part.
(2)
(a) Beginning November 1, 2020, the commission may issue to a person an arena license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with the arena designated in the arena license, if the person operates at least three sublicenses under the arena license, including:
(i) one of which is an on-premise banquet sublicense;
(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; and
(iii) one of which is an on-premise beer retailer sublicense that is not a tavern.
(b) An arena license shall:
(i) consist of:
(A) a general arena license; and
(B) three or more sublicenses meeting the requirements of Subsection (2)(a); and
(ii) designate the enclosed building that is the arena.
(c) This chapter does not prohibit an alcoholic product in an arena to the extent otherwise permitted by this title.
(3) The commission may not issue a total number of arena licenses that at any time totals more than 10.
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8c - Arena License Act › Section 202 - Specific licensing requirements for arena license.

Effective 6/1/2022
32B-8c-202.
Specific licensing requirements for arena license.
(1) To obtain an arena license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the person's written application:
(a) evidence:
(i) of proximity of the arena to any community location;
(ii) that each proposed sublicense premises is entirely within the arena; and
(iii) that the building designated in the application as the arena qualifies as an arena; and
(b) a description and map of the arena.
(2)
(a) An arena license expires on October 31 of each year.
(b) To renew a person's arena license, the person shall comply with the requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for an arena license is $500.
(b) The initial license fee for an arena license is calculated as follows:
(i) if the person applies for three sublicenses under the arena license, $5,000; or
(ii) if the person applies for more than three sublicenses under the arena license, the sum of:
(A) $5,000; and
(B) $1,000 for each sublicense in excess of three sublicenses for which the person applies.
(c) The renewal fee for an arena license is $1,000 plus $1,000 for each sublicense under the arena license.
(4)
(a) The bond amount required for an arena license is the penal sum of $100,000.
(b) An arena licensee is not required to have a separate bond for each sublicense, except that the aggregate of the bonds posted by the arena licensee shall cover each sublicense under the arena license.
(5) Except as prohibited in Subsection 32B-1-202.1(4), an arena may request to add a sublicense after the commission issues the arena licensee's arena license, in accordance with Subsection 32B-8d-103(4).
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8c - Arena License Act › Section 301 - Specific operational requirements for arena license.

Effective 5/12/2020
32B-8c-301.
Specific operational requirements for arena license.
(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an arena licensee, staff of the arena licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
(b) Failure to comply as provided in Subjection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) the arena licensee;
(ii) individual staff of the arena licensee;
(iii) a sublicensee or person otherwise operating under a sublicense of the arena licensee;
(iv) individual staff of a sublicensee or person otherwise operating under a sublicense; or
(v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
(2)
(a) An arena 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; or
(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency.
(b) An arena 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; and
(iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency.
(3) An arena 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 and beverages for the arena license and each of the arena 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.
(4) An arena licensee shall, directly or indirectly, supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under an arena license.
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8c - Arena License Act › Section 401 - Enforcement.

Effective 5/12/2020
32B-8c-401.
Enforcement.
(1) Failure by a person described in Subsection (2) to comply with this chapter or Chapter 8d, Sublicense Act, may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) the arena licensee;
(b) individual staff of the arena licensee;
(c) a sublicensee or a person otherwise operating under a sublicense of the arena licensee;
(d) individual staff of a sublicensee or person otherwise operating under a sublicense of the arena licensee; or
(e) any combination of the persons listed in Subsections (1)(a) through (d).
(2) Subsection (1) applies to:
(a) an arena licensee;
(b) a sublicensee or person operating under a sublicense of an arena licensee;
(c) staff of an arena licensee or sublicensee or other person operating under a sublicense of the arena licensee.
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 6/1/2022
32B-8d-102.
Definitions.
As used in this chapter:
(1) "Boundary of a hotel" means the same as that term is defined in Section 32B-8b-102.
(2) "Boundary of a resort building" means the same as that term is defined in Section 32B-8b-102.
(3) "Hotel" means the same as that term is defined in Section 32B-8b-102.
(4) "Resort building" means the same as that term is defined in Section 32B-8-102.
(5) "Spa" means a spa:
(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) that is within the:
(i) boundary of a resort building; or
(ii) boundary of a hotel.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 1 - General Provisions › Section 104 - General operational requirements for a sublicense.

Effective 7/1/2022
32B-8d-104.
General operational requirements for a sublicense.
(1) Except as provided in Subsections (2) through (3), a person operating under a sublicense is subject to the operational requirements under the provisions applicable to the sublicense.
(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(5), and 32B-8c-301(3).
(3) Notwithstanding Section 32B-5-307:
(a) 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:
(i) that is adjacent to the other; and
(ii) where the consumption of beer is permitted; and
(b) 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:
(i) the sublicensee is:
(A) a full-service restaurant sublicensee;
(B) a limited-service restaurant sublicensee;
(C) a bar establishment sublicensee;
(D) a beer-only restaurant sublicensee; or
(E) an on-premise beer retailer sublicensee;
(ii) the individual staff carries the alcoholic beverage:
(A) from the sublicensed premises of a sublicensee described in Subsection (3)(b)(i);
(B) 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
(C) to the sublicensed premises of a sublicensee described in Subsection (3)(b)(i); and
(iii) the individual staff at all times stays within:
(A) the boundary of the hotel; or
(B) the boundary of the resort building.
(4) Except as provided in Section 32B-8-502, for purposes of interpreting an operational requirement imposed by the provisions applicable to a sublicense:
(a) a requirement imposed on a sublicensee or person operating under a sublicense applies to the principal licensee; and
(b) a requirement imposed on staff of a sublicensee or person operating under a sublicense applies to staff of the principal licensee.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 1 - General Provisions › Section 105 - Enforcement of operational requirements.

Effective 5/12/2020
32B-8d-105.
Enforcement of operational requirements.
(1) Except as provided in Subsection 32B-8-502(2) and in addition to Subsection (2), failure by a person to comply with this chapter or an operational requirement under a provision applicable to a sublicense may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) a principal licensee;
(b) individual staff of a principal licensee;
(c) a sublicensee or person otherwise operating under a sublicense;
(d) individual staff of a sublicensee or person otherwise operating under a sublicense; or
(e) any combination of the persons listed in Subsections (1)(a) through (d).
(2) An operational requirement applicable to a sublicensee or person operating under a sublicense is enforced as provided by the provisions applicable to the sublicense.
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 2 - Resort Spa Sublicense › Section 202 - Commission's power to issue a spa sublicense.

Effective 6/1/2022
32B-8d-202.
Commission's power to issue a spa sublicense.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the person's premises as a spa sublicensee, a resort licensee, a hotel licensee, or a person applying for a resort license or a hotel license shall first obtain a spa sublicense from the commission in accordance with this part.
(2) The commission may only issue a spa sublicense to:
(a) a resort licensee;
(b) a hotel licensee;
(c) a person applying for a resort license, contingent on the issuance of the resort license; or
(d) a person applying for a hotel license, contingent on the issuance of the hotel license.
(3) A spa sublicense premises shall fall entirely within the:
(a) boundary of a resort building that is part of the resort to which the spa sublicense is connected; or
(b) boundary of a hotel that is part of the hotel to which the spa sublicense is connected.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 2 - Resort Spa Sublicense › Section 203 - Specific licensing requirements for spa sublicense.

Effective 6/1/2022
32B-8d-203.
Specific licensing requirements for spa sublicense.
(1)
(a) In accordance with Subsection 32B-8d-103(2), a person may not file a written application with the department to obtain a spa sublicense that is separate from the person's application for a resort license or a hotel license, unless the person seeks the spa sublicense after the commission issues the person a resort license or a hotel license.
(b) If a resort licensee or a hotel licensee seeks to add a spa sublicense after the licensee's resort license or hotel license is issued, the licensee shall comply with Subsection 32B-8d-103(4).
(2)
(a) A spa sublicense expires on October 31 of each year.
(b) To renew a spa sublicense, the corresponding resort licensee or hotel licensee shall renew the spa sublicense as part of renewing the licensee's resort license or hotel license.
(c)
(i) Failure of a resort licensee to meet the renewal requirements for a resort license results in an automatic forfeiture of the spa sublicense effective the day on which the resort license expires.
(ii) Failure of a hotel licensee to meet the renewal requirements for a hotel license results in an automatic forfeiture of the spa sublicense effective the day on which the hotel license expires.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8d - Sublicense Act › Part 2 - Resort Spa Sublicense › Section 204 - Specific qualifications for a spa sublicense.

Effective 6/1/2022
32B-8d-204.
Specific qualifications for a spa sublicense.
(1) A person employed to act in a supervisory or managerial capacity for the spa sublicense is subject to qualification requirements of Section 32B-1-304 for licensees.
(2) If a person no longer possesses the qualifications required by Section 32B-1-304 for obtaining the spa sublicense or the corresponding resort license or hotel license, the commission may suspend or revoke the spa sublicense that is part of the resort license or hotel license.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 1 - General Provisions › Section 102 - Definitions.

32B-9-102.
Definitions.
As used in this chapter:
(1) "Single event permit" means an event permit issued in accordance with Part 3, Single Event Permit.
(2) "Temporary beer event permit" means an event permit issued in accordance with Part 4, Temporary Beer Event Permit.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 2 - Event Permitting General Provisions › Section 201 - Application requirements for event permit.

Effective 5/12/2020
32B-9-201.
Application requirements for event permit.
(1) To obtain an event permit, a person shall submit to the department:
(a) a written application in a form that the department prescribes;
(b) an event permit fee:
(i) in the amount specified in the relevant part under this chapter for the type of event permit for which the person is applying; and
(ii) that is refundable if an event permit is not issued;
(c) written consent of the local authority;
(d) a bond as specified by Section 32B-9-203;
(e) the times, dates, location, estimated attendance, nature, and purpose of the event;
(f) a description or floor plan designating:
(i) the area in which the person proposes that an alcoholic product be stored;
(ii) the site from which the person proposes that an alcoholic product be sold, offered for sale, or furnished; and
(iii) the area in which the person proposes that an alcoholic product be allowed to be consumed;
(g) a signed consent form stating that the event permittee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the premises during the event;
(h) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(i) any other information as the commission or department may require.
(2) If a person substantially changes the person's application under Subsection (1) after the person initially submits the application, the person shall pay to the department a fee:
(a) in an amount the department prescribes in accordance with Section 63J-1-504; and
(b) that is nonrefundable, regardless of whether the department issues an event permit.
(3) An entity applying for a permit need not meet the requirements of Subsections (1)(b), (c), and (d) if the entity is:
(a) a state agency; or
(b) a political subdivision of the state.
(4) The director may not issue an event permit to a person who is disqualified under Section 32B-1-304.
(5)
(a) The proximity requirements of Section 32B-1-202 do not apply to an event permit.
(b) Notwithstanding Subsection (5)(a), nothing in this section prevents the director, the Compliance, Licensing, and Enforcement Subcommittee, or the commission from considering the proximity of an educational, religious, or recreational facility, or any other relevant factor in deciding whether to issue an event permit.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 2 - Event Permitting General Provisions › Section 203 - Bond for event permit.

32B-9-203.
Bond for event permit.
(1)
(a) A person applying for an event permit shall post a cash bond or surety bond:
(i) in the amount specified in the relevant part under this chapter for the type of event permit for which the person is applying; and
(ii) payable to the department.
(b) An event permittee shall procure and maintain a bond required under this section for as long as the event permit is in effect.
(2) A bond posted by an event permittee under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon the event permittee's faithful compliance with this title and the rules of the commission.
(3) No part of a bond posted by an event permittee under this section may be withdrawn during the period the event permit is in effect.
(4)
(a) A bond posted by an event permittee under this section may be forfeited if the event permit is revoked.
(b) Notwithstanding Subsection (4)(a), the department may make a claim against a bond posted by an event permittee for money owed the department under this title without the commission first revoking the event permit.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 3 - Single Event Permit › Section 302 - Definitions.

32B-9-302.
Definitions.
As used in this part:
(1) "120 hour single event permit" means a single event permit that authorizes under this part the storage, sale, offering for sale, furnishing, and consumption of liquor for a period not to exceed 120 consecutive hours.
(2) "72 hour single event permit" means a single event permit that authorizes under this part the storage, sale, offering for sale, furnishing, and consumption of liquor for a period not to exceed 72 consecutive hours.
(3) "Single event permit" means:
(a) a 120 hour single event permit; and
(b) a 72 hour single event permit.
Amended by Chapter 307, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 3 - Single Event Permit › Section 303 - Director's power to issue single event permit.

Effective 6/1/2022
32B-9-303.
Director's power to issue single event permit.
(1) Before a person may sell, offer for sale, or furnish liquor at retail for on-premise consumption at an event, the person shall first obtain a single event permit from the director in accordance with this part.
(2)
(a) Subject to Subsection (5), the director may issue a single event permit to any of the following that is conducting a convention, civic, or community enterprise, a bona fide:
(i) partnership;
(ii) corporation;
(iii) limited liability company;
(iv) religious organization;
(v) political organization;
(vi) incorporated association;
(vii) recognized subordinate lodge, chapter, or other local unit of an entity described in this Subsection (2)(a);
(viii) state agency; or
(ix) political subdivision of the state.
(b) The director may not issue a single event permit to an entity that has not been in existence as a bona fide entity for at least one year before the day on which the entity applies for a single event permit.
(3)
(a) A single event permit may authorize:
(i) the storage, sale, offering for sale, furnishing, and consumption of liquor at an event at which the storage, sale, offering for sale, furnishing, or consumption of liquor is otherwise prohibited by this title under either:
(A) a 120 hour single event permit; or
(B) a 72 hour single event permit; and
(ii) the storage, sale, offer for sale, furnishing, and consumption of beer at the same event for the period that the storage, sale, offer for sale, furnishing, or consumption of liquor is authorized under Subsection (3)(a)(i) for the single event permit.
(b) The single event permit shall state in writing whether the single event permit is:
(i) a 120 hour single event permit; or
(ii) a 72 hour single event permit.
(4) The director may not issue more than:
(a) four single event permits in any one calendar year to the same person listed in Subsection (2) if one or more of the single event permits is a 120 hour single event permit; or
(b) 24 single event permits in any one calendar year to the same person listed in Subsection (2) if each of the single event permits issued to that person is a 72 hour single event permit.
(5) Before the director issues or denies the issuance of a single event permit under this section, the director shall comply with Section 32B-9-202.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 3 - Single Event Permit › Section 304 - Specific permitting requirements for single event permit.

32B-9-304.
Specific permitting requirements for single event permit.
(1) To obtain a single event permit, in addition to complying with Part 2, Event Permitting General Provisions, an entity described in Subsection 32B-9-303(2)(a) shall state in its written application:
(a) the purpose of the entity described in Subsection 32B-9-303(2)(a);
(b) the time period under Subsection 32B-9-303(3)(a)(i)(A) or (B) for which the entity is applying; and
(c) if submitting the first request for a single event permit in a calendar year, whether it is requesting to be under Subsection 32B-9-303(4)(a) or (b).
(2) The application fee for a single event permit is $125.
(3) The bond amount required for a single event permit is the penal sum of $1,000.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 4 - Temporary Beer Event Permit › Section 403 - Director's power to issue temporary beer event permit.

32B-9-403.
Director's power to issue temporary beer event permit.
(1) Before a person may sell, offer for sale, or furnish beer at retail for on-premise consumption at an event, the person shall obtain in accordance with this part:
(a) a single event permit; or
(b)
(i) a temporary beer event permit; and
(ii)
(A) a beer permit issued by the local authority as provided in Section 32B-9-404; or
(B) written consent of the local authority to sell beer at retail for on-premise consumption at the event.
(2)
(a) Subject to Subsection (4), the director may issue a temporary beer event permit to allow the sale, offering for sale, or furnishing of beer for on-premise consumption only at an event that does not last longer than 30 days.
(b) A temporary beer event permit authorizes, for a period not to exceed 30 days, the storage, sale, offer for sale, furnishing, and consumption of beer at an event.
(c) If a person obtains a temporary beer event permit for an event that lasts no longer than 30 days, an on-premise beer retailer license is not required for the sale of beer at the event.
(3)
(a) The director may not issue a temporary beer event permit to a person if the aggregate of the days that the person is authorized to store, sell, offer for sale, or furnish an alcoholic product under a temporary beer event permit will exceed a total of 90 days in any one calendar year.
(b) The director may not issue, and a person may not obtain, a temporary beer event permit to avoid or attempt to avoid the requirement to be licensed under Chapter 6, Part 7, On-Premise Beer Retailer License.
(4) Before the director issues or denies the issuance of a temporary beer event permit under this section, the director shall comply with Section 32B-9-202.
Amended by Chapter 365, 2012 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 4 - Temporary Beer Event Permit › Section 404 - Local authority's power to issue temporary beer event permit.

32B-9-404.
Local authority's power to issue temporary beer event permit.
(1) A local authority may issue, suspend, and revoke a temporary permit to sell, offer for sale, or furnish beer for on-premise consumption at an event, except that the local authority may not issue a temporary permit if the event lasts longer than 30 days.
(2) Suspension or revocation of a temporary beer event permit issued under Section 32B-9-403 or a temporary permit issued by a local authority under this section prohibits the temporary beer event permittee who has a permit suspended or revoked by either the commission or local authority from continuing to operate under the other state or local permit.
Amended by Chapter 365, 2012 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 4 - Temporary Beer Event Permit › Section 405 - Specific permitting requirements for temporary beer event permit issued by commission.

32B-9-405.
Specific permitting requirements for temporary beer event permit issued by commission.
(1) To obtain a temporary beer event permit, in addition to complying with Part 2, Event Permitting General Provisions, a person shall state in the person's written application the purpose of the event for which the person seeks a temporary beer event permit.
(2) The application fee for a beer permit is $100.
(3) The bond amount required for a beer permit is the penal sum of $500.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 9 - Event Permit Act › Part 4 - Temporary Beer Event Permit › Section 406 - Specific operational requirements for temporary beer event permit.

32B-9-406.
Specific operational requirements for temporary beer event permit.
(1)
(a) In addition to complying with the requirements of Section 32B-9-204, a temporary beer event permittee or a person involved in the storage, sale, offer for sale, or furnishing of beer at the event shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a):
(i) may result in:
(A) disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(I) a temporary beer event permittee;
(II) a person involved in the storage, sale, offer for sale, or furnishing of beer at the event; or
(III) any combination of persons listed in this Subsection (1)(b);
(B) immediate revocation of the temporary beer event permit;
(C) forfeiture of a bond; or
(D) immediate seizure of beer present at the event; and
(ii) if the temporary beer event permit is revoked, disqualifies the temporary beer event permittee from applying for a temporary beer event permit or single event permit for a period of three years from the date of revocation of the temporary beer event permit.
(c) Beer seized under this Subsection (1) shall be returned to the event permittee after an event if forfeiture proceedings are not instituted under Section 32B-4-206.
(2) A temporary beer event permittee may not sell, offer for sale, or furnish an alcoholic product other than beer pursuant to a temporary beer event permit.
(3)
(a) A temporary beer event permittee shall make and maintain an expense and revenue ledger or record showing:
(i) expenditures made for beer; and
(ii) the revenue from sale of beer.
(b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (3).
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 1 - General Provisions › Section 102 - Definitions.

32B-10-102.
Definitions.
As used in this chapter, "special use permit" means a special use permit issued under this chapter, including:
(1) a religious wine use permit;
(2) an industrial or manufacturing use permit;
(3) a scientific or educational use permit; and
(4) a public service permit.
Enacted by Chapter 276, 2010 General Session