reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 6 - On-Premise Banquet License › Section 603 - Commission's power to issue on-premise banquet license -- Contracts as host.

Effective 5/3/2023
32B-6-603.
Commission's power to issue on-premise banquet license -- Contracts as host.
(1)
(a) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product in connection with the person's banquet and room service activities at one of the following, the person shall first obtain an on-premise banquet license in accordance with this part:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center;
(iv) a convention center;
(v) a performing arts facility;
(vi) an arena; or
(vii) a restaurant venue.
(b) This part does not prohibit an alcoholic product on the premises of a person listed in Subsection (1)(a) to the extent otherwise permitted by this title.
(c) This section does not prohibit a person who applies for an on-premise banquet license to also apply for a package agency if otherwise qualified.
(2) The commission may issue an on-premise banquet license to establish on-premise banquet licensees in the numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product at a banquet or as part of room service activities operated by an on-premise banquet licensee.
(3) Subject to Section 32B-1-201, the commission:
(a) may not issue a total number of restaurant venue on-premise banquet licenses that at any time exceeds 25; and
(b) may not issue a total number of on-premise banquet licenses that at any time exceeds the number determined by dividing the population of the state by 28,765.
(4) Pursuant to a contract between the host of a banquet and an on-premise banquet licensee:
(a) the host of the banquet may request an on-premise banquet licensee to provide an alcoholic product served at the banquet; and
(b) an on-premise banquet licensee may provide an alcoholic product served at the banquet.
(5) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:
(a) without charge to a patron at a banquet, except that the host of the banquet shall pay for an alcoholic product furnished at the banquet; or
(b) with a charge to a patron at the banquet.
(6) To be licensed as an on-premise banquet, a person shall maintain at least 50% of the person's total annual banquet gross receipts from the sale of food, which does not include:
(a) mix for an alcoholic product; or
(b) a charge in connection with the furnishing of an alcoholic product.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 6 - On-Premise Banquet License › Section 604 - Specific licensing requirements for an on-premise banquet license.

32B-6-604.
Specific licensing requirements for an on-premise banquet license.
(1) To obtain an on-premise banquet license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) An on-premise banquet license expires on October 31 of each year.
(b) To renew a person's on-premise banquet license, a 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 on-premise banquet license is $300.
(b) The initial license fee for an on-premise banquet license is $750.
(c) The renewal fee for an on-premise banquet license is $750.
(4) The bond amount required for an on-premise banquet license is the penal sum of $10,000.
(5) Notwithstanding the other provisions of this part, if an applicant is a state agency or political subdivision of the state it is not required to:
(a) pay an application fee, initial license fee, or renewal fee;
(b) obtain the written consent of the local authority;
(c) submit a copy of the applicant's current business license; or
(d) post a bond as specified by Section 32B-5-204.
(6) Notwithstanding Subsection 32B-5-303(3), the department may approve an additional location in or on the licensed premises of an on-premise banquet licensee from which the on-premise banquet licensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product that is not included in its original application only:
(a) upon proper application by an on-premise banquet licensee; and
(b) in accordance with guidelines approved by the commission.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 702 - Definitions.

Effective 7/1/2021
32B-6-702.
Definitions.
As used in this part:
(1) "Commission-approved activity" means a leisure activity that:
(a) the commission approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) does not involve the use of a dangerous weapon.
(2)
(a) "Recreational amenity" means:
(i) a billiard parlor;
(ii) a pool parlor;
(iii) a bowling facility;
(iv) a golf course;
(v) miniature golf;
(vi) a golf driving range;
(vii) a tennis club;
(viii) a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 6,500;
(ix) a concert venue that has a seating capacity equal to or greater than 6,500;
(x) one of the following if owned by a government agency:
(A) a convention center;
(B) a fair facility;
(C) an equestrian park;
(D) a theater; or
(E) a concert venue;
(xi) an amusement park:
(A) with one or more permanent amusement rides; and
(B) located on at least 50 acres;
(xii) a ski resort;
(xiii) a venue for live entertainment if the venue:
(A) is not regularly open for more than five hours on any day;
(B) is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and
(C) is operated so that no more than 15% of its total annual receipts are from the sale of beer;
(xiv) concessions operated within the boundary of a park administered by the:
(A) Division of State Parks; or
(B) National Parks Service;
(xv) a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020;
(xvi) a venue for karaoke; or
(xvii) an enterprise developed around a commission-approved activity.
(b) "Recreational amenity" does not include an item described in Subsection (2)(a), if the item is tangential to an enterprise or activity that is not included in Subsection (2)(a).
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 704 - Local authority to issue a license.

32B-6-704.
Local authority to issue a license.
(1) A local authority may issue a license to operate as an on-premise beer retailer, subject to:
(a) the requirement under this part that a person obtain an on-premise beer retailer license issued by the commission to operate as an on-premise beer retailer; and
(b) subject to Title 11, Chapter 10, Business Allowing Consumption of Liquor on Premises.
(2) For a violation of this title, rules of the commission, or a local ordinance, a local authority may suspend or revoke a business license described in Subsection (1).
(3)
(a) If the commission suspends or revokes an on-premise beer retailer license issued by the commission under this title, the on-premise beer retailer may not continue to operate under a license issued by a local authority.
(b) If a local authority suspends or revokes a business license described in Subsection (1), an on-premise beer retailer may not continue to operate under the on-premise beer retailer license issued by the commission.
(4) A person issued a business license issued by a local authority as described in Subsection (1) shall comply with this title, including a provision related to the storage, sale, offer for sale, furnishing, consumption, warehousing, or distribution of beer.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 705 - Specific licensing requirements for on-premise beer retailer license.

32B-6-705.
Specific licensing requirements for on-premise beer retailer license.
(1) To obtain an on-premise beer retailer license a person shall comply with Chapter 5, Part 2, Retail Licensing Process, except that an on-premise beer retailer is required to carry dramshop insurance coverage in accordance with Section 32B-5-201 only if the on-premise beer retailer sells more than $5,000 of beer annually.
(2)
(a) An on-premise beer retailer license expires on the last day of February each year.
(b) To renew a person's on-premise beer retailer license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January 31.
(3)
(a) The nonrefundable application fee for an on-premise beer retailer license is $300.
(b)
(i) The initial license fee for an on-premise beer retailer license that is not a tavern is $300.
(ii) The initial license fee for an on-premise beer retailer license that is a tavern is $1,500.
(c)
(i) The renewal fee for an on-premise beer retailer license that is not a tavern is $350.
(ii) The renewal fee for an on-premise beer retailer license that is a tavern is $1,250.
(4) The bond amount required for an on-premise beer retailer license is the penal sum of $5,000.
(5) Notwithstanding the other provisions of this part, if an applicant is a state agency or political subdivision of the state it is not required to:
(a) pay an application fee, initial license fee, or renewal fee;
(b) obtain the written consent of the local authority;
(c) submit a copy of the applicant's current business license; or
(d) post a bond as specified by Section 32B-5-204.
Amended by Chapter 2, 2011 Special Session 2
Amended by Chapter 2, 2011 Special Session 2
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 706 - Specific operational requirements for on-premise beer retailer license.

Effective 5/3/2023
32B-6-706.
Specific operational requirements for on-premise beer retailer license.
(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an on-premise beer retailer and staff of the on-premise beer retailer 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) an on-premise beer retailer;
(ii) individual staff of an on-premise beer retailer; or
(iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
(2)
(a) An on-premise beer retailer is not subject to Subsection 32B-5-302(1), but shall make and maintain the records described in Subsection 32B-5-302(2) and the records the department requires.
(b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (2).
(3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or sell liquor on its licensed premises.
(4)
(a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at the on-premise beer retailer's licensed premises during a period that:
(i) begins at 1 a.m.; and
(ii) ends at 9:59 a.m.
(b)
(i) Notwithstanding Subsection (4)(a), a tavern shall remain open for one hour after the tavern ceases the sale and furnishing of beer during which time a patron of the tavern may finish consuming a single serving of beer not exceeding 26 ounces.
(ii) A tavern is not required to remain open:
(A) after all patrons have vacated the premises; or
(B) during an emergency.
(5) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a tavern.
(6)
(a)
(i) An on-premise beer retailer may not purchase, acquire, possess for the purpose of resale, or sell beer except beer that the on-premise beer retailer lawfully purchases from:
(A) a beer wholesaler licensee; or
(B) a small brewer that manufactures the beer.
(ii) Violation of Subsection (6)(a)(i) is a class A misdemeanor.
(b)
(i) If an on-premise beer retailer purchases beer under this Subsection (6) from a beer wholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the on-premise beer retailer is located, unless an alternate wholesaler is authorized by the department to sell to the on-premise beer retailer as provided in Section 32B-13-301.
(ii) Violation of Subsection (6)(b)(i) is a class B misdemeanor.
(7) A tavern shall comply with Section 32B-1-407.
Amended by Chapter 400, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 707 - Application of part to other retail license type.

32B-6-707.
Application of part to other retail license type.
(1) A retail licensee who is not an on-premise beer retailer, but who sells, offers for sale, or furnishes beer pursuant to a different part under this chapter:
(a) may sell, offer for sale, or furnish beer without obtaining a separate on-premise beer retailer license from the commission; and
(b) shall comply with the operational requirements under this part that apply to an on-premise beer retailer, except when a requirement of this part is inconsistent with or less restrictive than an operational requirement under the relevant part under this chapter for the type of retail license.
(2) Failure of a retail licensee or staff of the retail licensee to comply with a requirement of this part may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) a retail licensee;
(b) individual staff of a retail licensee; or
(c) both a retail licensee and staff of the retail licensee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 7 - On-Premise Beer Retailer License › Section 708 - Information obtained by investigator.

32B-6-708.
Information obtained by investigator.
(1) Subject to Subsection (2), if an investigator is permitted by another provision of this title to inspect a record of an on-premise beer retailer that is a tavern, in addition to any other rights under this title, the investigator may inspect, have a copy of, or otherwise review any record of the tavern that is a visual recording of the operations of the tavern.
(2) An investigator who is a peace officer may not inspect, have a copy of, or otherwise review a visual recording described in Subsection (1) without probable cause.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 8 - Reception Center License › Section 803 - Commission's power to issue reception center license.

Effective 8/31/2020
32B-6-803.
Commission's power to issue reception center license.
(1) Before a person may store, sell, offer for sale, or furnish an alcoholic product on the person's premises as a reception center, the person shall first obtain a reception center license from the commission in accordance with this part.
(2) The commission may issue a reception center license to establish reception center licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated as a reception center.
(3) Subject to Section 32B-1-201, the commission may not issue a total number of reception center licenses that at any time exceeds the number determined by dividing the population of the state by 251,693.
(4) The commission may not issue a reception center license for premises that do not meet the proximity requirements of Section 32B-1-202.
(5)
(a) To be licensed as a reception center, a person may not maintain more than 30% of the person's total annual gross receipts from the sale of alcoholic products.
(b) For purposes of Subsection (5)(a):
(i) an alcoholic product includes:
(A) mix for an alcoholic product; and
(B) a charge in connection with the furnishing of an alcoholic product; and
(ii) gross receipts do not include any charge for renting a room or facility.
(c) A reception center licensee shall report the information necessary to show compliance with this Subsection (5) to the department on an annual basis.
Amended by Chapter 6, 2020 Special Session 6
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 8 - Reception Center License › Section 804 - Specific licensing requirements for reception center license.

32B-6-804.
Specific licensing requirements for reception center license.
(1) To obtain a reception center license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A reception center license expires on October 31 of each year.
(b) To renew a person's reception center license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for a reception center license is $300.
(b) The initial license fee for a reception center license is $750.
(c) The renewal fee for a reception center license is $750.
(4) The bond amount required for a reception center license is the penal sum of $10,000.
Enacted by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 9 - Beer-Only Restaurant License › Section 902 - Definitions.

Effective 7/1/2022
32B-6-902.
Definitions.
(1) As used in this part:
(a)
(i) "Dining area" means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
(ii) "Dining area" does not include a dispensing area.
(b)
(i) "Dispensing area" means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;
(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
(ii) "Dispensing area" does not include any area described in Subsection (1)(b)(i)(B) that is less than 10 feet from an area where beer is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of beer.
(c) "Small beer-only restaurant licensee" means a beer-only restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(i) when measured in accordance with Subsection (1)(b)(i)(B); and
(ii) based on the licensee's floor plan on file with the department on July 1, 2017.
(d) "Waiting area" includes a lobby.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 9 - Beer-Only Restaurant License › Section 903 - Commission's power to issue beer-only restaurant license.

Effective 5/14/2019
32B-6-903.
Commission's power to issue beer-only restaurant license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of beer on its premises as a beer-only restaurant, the person shall first obtain a beer-only restaurant license from the commission in accordance with this part.
(2)
(a) The commission may issue a beer-only restaurant license to establish beer-only restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on premises operated as a beer-only restaurant.
(b) A person may not sell, offer for sale, furnish, or allow the consumption of liquor on the licensed premises of a beer-only restaurant licensee.
(3)
(a) Only one beer-only restaurant license is required for each building or resort facility owned or leased by the same person.
(b) A separate license is not required for each beer-only restaurant license dispensing location in the same building or on the same resort premises owned or operated by the same person.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a beer-only restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5) To be licensed as a beer-only restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include a service charge.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 9 - Beer-Only Restaurant License › Section 904 - Specific licensing requirements for beer-only restaurant license.

32B-6-904.
Specific licensing requirements for beer-only restaurant license.
(1) To obtain a beer-only restaurant license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A beer-only restaurant license expires the last day of February of each year.
(b) To renew a person's beer-only restaurant license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January 31.
(3)
(a) The nonrefundable application fee for a beer-only restaurant license is $330.
(b) The initial license fee for a beer-only restaurant license is $825.
(c) The renewal fee for a beer-only restaurant license is $605.
(4) The bond amount required for a beer-only restaurant license is the penal sum of $5,000.
Amended by Chapter 1, 2012 Special Session 4
Amended by Chapter 1, 2012 Special Session 4
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 9 - Beer-Only Restaurant License › Section 905.3 - Small beer-only restaurant licensee -- Exemption.

Effective 5/8/2018
32B-6-905.3.
Small beer-only restaurant licensee -- Exemption.
(1) Notwithstanding the provisions of Section 32B-6-905 or 32B-6-905.2 and subject to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing area of a small beer-only restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small beer-only restaurant licensee applies for and obtains approval from the department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small beer-only restaurant licensee demonstrates that the small beer-only restaurant licensee meets the requirements described in Subsection 32B-6-902(1)(e); and
(b) for each application described in Subsection (1)(c) that the department receives on or before May 8, 2018, act on the application on or before July 1, 2018.
Enacted by Chapter 249, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 10 - Hospitality Amenity License › Section 1001 - Hospitality Amenity License.

Effective 5/12/2020
32B-6-1001.
Hospitality Amenity License.
This part is known as "Hospitality Amenity License."
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 10 - Hospitality Amenity License › Section 1002 - Definitions.

Effective 5/12/2020
32B-6-1002.
Definitions.
As used in this part:
(1) "Hospitality guest" means an individual:
(a)
(i) who is a resident of a resort;
(ii) for whom a resident of a resort provides lodging accommodations for compensation;
(iii) for whom a hotel provides lodging accommodations for compensation; or
(iv) for whom a resort provides lodging accommodations for compensation; and
(b) who is at least 21 years of age.
(2) "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.
(3) "Boundary of a resort building" means the same as that term is defined in Section 32B-8-102.
(4) "Hotel" means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation.
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 10 - Hospitality Amenity License › Section 1003 - Commission's power to issue hospitality amenity license.

Effective 5/12/2020
32B-6-1003.
Commission's power to issue hospitality amenity license.
(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 hospitality amenity licensee, the person shall first obtain a hospitality amenity license from the commission in accordance with this part.
(2)
(a) The commission may only issue a hospitality amenity license to a hotel or a resort.
(b) Beginning November 1, 2020, the commission may issue a hospitality amenity license to establish hospitality amenity licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of alcoholic products on premises operated as a hospitality amenity licensee.
(3) The commission may authorize the sale of an alcoholic product at as many as three hospitality amenity locations within the boundary of a hotel or the boundary of a resort building under one hospitality amenity license if:
(a) the hotel or resort has a minimum of 150 rooms for temporary sleeping accommodations; and
(b) the commission determines the location, design, and construction of the hotel or resort requires more than one hospitality amenity location within the hotel or resort to serve the public convenience.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a hospitality amenity license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
Enacted by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 10 - Hospitality Amenity License › Section 1004 - Specific licensing requirements for a hospitality amenity license.

Effective 5/5/2021
32B-6-1004.
Specific licensing requirements for a hospitality amenity license.
(1) To obtain a hospitality amenity license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A hospitality amenity license expires on October 31 of each year.
(b) To renew a person's hospitality amenity license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for a hospitality amenity license is $330.
(b) The initial license fee for a hospitality amenity license is $2,000.
(c) The renewal fee for a hospitality amenity license is $1,000.
(4) The bond amount required for a hospitality amenity license is the penal sum of $10,000.
(5) Notwithstanding Subsection 32B-5-303(3), the commission may approve an additional location in or on the licensed premises of a hospitality amenity licensee from which the hospitality amenity licensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product that is not included in the person's original application only:
(a) upon proper application by a hospitality amenity licensee; and
(b) in accordance with guidelines the commission approves.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 2 - Off-Premise Beer Retailer Local Authority › Section 201 - State and local licensing -- Limitations.

32B-7-201.
State and local licensing -- Limitations.
(1) Subject to the other provisions of this title, a local authority may:
(a) tax or prohibit the retail sale of beer;
(b) subject to this part, issue, suspend, and revoke a local license to sell beer at retail for off-premise consumption;
(c) establish proximity requirements for establishing premises where beer is sold at retail for off-premise consumption in relation to any community location; and
(d) otherwise regulate the retail sale of beer for off-premise consumption subject to the requirements of Section 32B-7-202 and Part 3, Off-Premise Beer Retailer Enforcement Act.
(2) A local authority may not issue to a minor a local license to sell beer at retail for off-premise consumption.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 3 - Off-Premise Beer Retailer Enforcement Act › Section 301 - Title.

32B-7-301.
Title.
This part is known as the "Off-premise Beer Retailer Enforcement Act."
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 3 - Off-Premise Beer Retailer Enforcement Act › Section 305 - Tracking of enforcement actions -- Costs of enforcement actions.

Effective 6/1/2022
32B-7-305.
Tracking of enforcement actions -- Costs of enforcement actions.
(1) The Department of Public Safety shall administer a program to reimburse a municipal or county law enforcement agency:
(a) for the actual costs of an alcohol-related compliance check investigation conducted pursuant to Section 77-39-101 on the premises of an off-premise beer retailer;
(b) for administrative costs associated with reporting the compliance check investigation described in Subsection (1)(a);
(c) if the municipal or county law enforcement agency completes and submits to the Department of Public Safety a report within 90 days after the day on which the compliance check investigation described in Subsection (1)(a) occurs in a format required by the Department of Public Safety; and
(d) in the order that the municipal or county law enforcement agency submits the report required by Subsection (1)(c) until the amount allocated by the Department of Public Safety to reimburse a municipal or county law enforcement agency is spent.
(2) By no later than October 1 of each year, the Department of Public Safety shall report to the Utah Substance Use and Mental Health Advisory Council on the compliance check investigations:
(a) funded during the previous fiscal year; and
(b) reimbursed under Subsection (1).
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 401 - Commission's power to issue off-premise beer retailer state license.

Effective 2/28/2019
32B-7-401.
Commission's power to issue off-premise beer retailer state license.
(1) Beginning on July 1, 2018, and except as provided in Subsection (3), before a person may purchase, store, sell, or offer for sale beer for consumption off the person's premises, the person shall obtain an off-premise beer retailer state license in accordance with this part.
(2) The commission may issue an off-premise beer retailer state license for the retail sale of beer for consumption off the beer retailer's premises.
(3)
(a) Subject to Subsection (3)(b), a person who operates as an off-premise beer retailer on July 1, 2018, shall submit an application for an off-premise beer retailer state license on or before May 31, 2019.
(b) In addition to the fees described in Section 32B-7-402, a person described in Subsection (3)(a) who submits an application for an off-premise beer retailer state license after March 1, 2019, shall submit with the person's application a fee in the following amount:
(i) $150, if the person submits the application after March 1, 2019, and on or before April 15, 2019; or
(ii) $300, if the person submits the application after April 15, 2019, and on or before May 31, 2019.
Amended by Chapter 12, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 402 - Application for off-premise beer retailer state license -- Qualifications.

Effective 5/9/2017
32B-7-402.
Application for off-premise beer retailer state license -- Qualifications.
To obtain an off-premise beer retailer state license, a person shall submit to the department:
(1) a written application in a form prescribed by the department;
(2) a nonrefundable application fee of $75;
(3) an initial license fee of $250 that is refundable if the commission does not issue the off-premise beer retailer state license;
(4) written consent of the local authority;
(5) a copy of the person's current business license;
(6) a floor plan of the premises that outlines the location of each beer display;
(7) a signed consent form stating the person will permit any authorized representative of the commission or the department or any law enforcement officer to have unrestricted right to enter the licensed premises;
(8) if the person is an entity, proper verification evidencing that the individual who signs the application is authorized to sign on behalf of the entity; and
(9) any other information that the commission or department requires.
Enacted by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 403 - Renewal of off-premise beer retailer state license.

Effective 5/9/2017
32B-7-403.
Renewal of off-premise beer retailer state license.
(1) An off-premise beer retailer state license expires on the last day of February each year.
(2) To renew an off-premise beer retailer state license, an off-premise beer retailer state licensee shall, no later than January 31, submit:
(a) a completed renewal application to the department in a form prescribed by the department; and
(b) a renewal fee of $175.
(3) An off-premise beer retailer state licensee automatically forfeits the off-premise beer retailer state license if the off-premise beer retailer state licensee fails to satisfy the renewal requirements described in this section.
Enacted by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 404 - Duties of commission and department before issuing off-premise beer retailer state license.

Effective 5/9/2017
32B-7-404.
Duties of commission and department before issuing off-premise beer retailer state license.
(1)
(a) Before the commission issues an off-premise beer retailer state license, the department shall conduct an investigation and may hold one or more public hearings to gather information and make recommendations to the commission regarding whether the commission should issue an off-premise beer retailer state license.
(b) The department shall forward the information the department gathers and the department's recommendations to the commission.
(2) Before the commission issues an off-premise beer retailer state license, the commission shall:
(a) determine that the person filed a complete application and is in compliance with the provisions of this chapter;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where the beer is displayed; and
(d) consider any other factor that the commission considers necessary.
Enacted by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 405 - Notifying department of change of ownership.

Effective 5/9/2017
32B-7-405.
Notifying department of change of ownership.
The commission may suspend or revoke an off-premise beer retailer state license if an off-premise beer retailer state licensee does not immediately notify the department of a change in:
(1) ownership of the licensee's business;
(2) for a corporate owner, a shareholder holding at least 20% of the total issued and outstanding stock of the corporation; or
(3) for a limited liability company, a member owning at least 20% of the limited liability company.
Enacted by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 406 - Conditional off-premise beer retailer state license.

Effective 7/21/2018
32B-7-406.
Conditional off-premise beer retailer state license.
(1) As used in this section, "conditional off-premise beer retailer state license" means an off-premise beer retailer state license that conditions the holder's ability to purchase, store, sell, or offer for sale beer for consumption off the holder's licensed premises on the holder submitting to the department a copy of the holder's current business license.
(2) In accordance with the provisions of this section, the commission may issue a conditional off-premise beer retailer state license to a person if the person:
(a) meets the requirements to obtain an off-premise beer retailer state license, except the requirement to submit a copy of the person's current business license; and
(b) agrees not to purchase, store, sell, or offer for sale beer for consumption off the person's licensed premises before obtaining an off-premise beer retailer state license.
(3)
(a) For a conditional off-premise beer retailer state license to become an off-premise beer retailer state license, a person who holds the conditional off-premise beer retailer state license shall:
(i) submit to the department a copy of the person's current business license; and
(ii) provide to the department evidence satisfactory to the department that:
(A) there has been no change in the information submitted to the commission as part of the person's application for an off-premise beer retailer state license; and
(B) the person continues to qualify for an off-premise beer retailer state license.
(b) A conditional off-premise beer retailer state license becomes an off-premise beer retailer state license on the day on which the department notifies the person who holds the conditional off-premise beer retailer state license that the department finds that the person has complied with Subsection (3)(a).
(4)
(a) A conditional off-premise beer retailer state license expires nine months after the day on which the commission issues the conditional off-premise beer retailer state license, unless the conditional off-premise beer retailer state license becomes an off-premise beer retailer state license before that day.
(b) Notwithstanding Subsection (4)(a), the commission may extend the expiration date of a conditional off-premise beer retailer state license by three months if the holder demonstrates to the satisfaction of the commission that the holder:
(i) has an active building permit related to the licensed premises; and
(ii) is engaged in a good faith effort to pursue completion within the three-month period.
Enacted by Chapter 7, 2018 Special Session 2
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 407 - Licensing at certain package agencies.

Effective 5/14/2019
32B-7-407.
Licensing at certain package agencies.
(1) Subject to Subsection (2), the commission may issue an off-premise beer retailer state license for a premises that is a package agency located at a brewery manufacturing facility.
(2) An off-premise beer retailer state licensee described in Subsection (1) may not sell beer:
(a) other than beer that is the product of the brewery manufacturing licensee that holds the package agency located on the premises; or
(b) at a time other than a time a package agency may sell liquor under Subsection 32B-2-605(13).
Enacted by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 7 - Off-Premise Beer Retailer Act › Part 4 - Off-premise Beer Retailer State License › Section 409 - Multiple licenses on same premises.

Effective 5/3/2023
32B-7-409.
Multiple licenses on same premises.
(1) Except as provided in Subsection (2), the commission may not issue and one or more licensees may not hold an off-premise beer retailer state license for the same licensed premises or adjacent licensed premises as a retail licensee, unless the licensed premises:
(a) are separated by a permanent, opaque, floor-to-ceiling wall;
(b) each have a separate entrance to the licensed premises; and
(c) each have separate restroom facilities on the licensed premises.
(2)
(a) The commission may issue and an off-premise beer retailer state licensee may hold more than one type of license for the same licensed premises or adjacent licensed premises, if:
(i) a manufacturing licensee is located on or adjacent to the licensed premises; and
(ii) a package agency is located on or adjacent to the licensed premises.
(b) Notwithstanding Subsection (1), the commission may issue an off-premise beer retailer state license to a hotel or resort.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
32B-8-102.
Definitions.
As used in this chapter:
(1) "Boundary of a resort building" means the physical boundary of the real property reasonably related to a resort building and any structure or improvement to that land as determined by the commission.
(2) "Dwelling" means a portion of a resort building:
(a) owned by one or more individuals;
(b) that is used or designated for use as a residence by one or more persons; and
(c) that may be rented, loaned, leased, or hired out for a period of no longer than 30 consecutive days by a person who uses it for a residence.
(3) "Engaged in the management of the resort" may be defined by the commission by rule.
(4) "Resident" means an individual who:
(a) owns a dwelling located within a resort building; or
(b) rents lodging accommodations for 30 consecutive days or less from:
(i) an owner of a dwelling described in Subsection (4)(a); or
(ii) the resort licensee.
(5) "Resort" means a location:
(a) on which is located one resort building; and
(b) that is affiliated with a ski area that physically touches the boundary of the resort building.
(6) "Resort building" means a building:
(a) that is primarily operated to provide dwellings or lodging accommodations;
(b) that has at least 150 units that consist of a dwelling or lodging accommodations;
(c) that consists of at least 400,000 square feet:
(i) including only the building itself; and
(ii) not including areas such as above ground surface parking; and
(d) of which at least 50% of the units described in Subsection (6)(b) consist of dwellings owned by a person other than the resort licensee.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 2 - Resort Licensing Process › Section 201 - Commission's power to issue a resort license.

Effective 6/1/2022
32B-8-201.
Commission's power to issue a resort license.
(1) Before a person as a resort 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 resort license from the commission in accordance with this part.
(2)
(a) The commission may issue to a person a resort license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with a resort designated in the resort license if the person operates at least four sublicenses under the resort license.
(b) A resort license shall:
(i) consist of:
(A) a general resort license; and
(B) four or more sublicenses; and
(ii) designate the boundary of the resort building.
(c) This chapter does not prohibit an alcoholic product in or on the boundary of the resort building to the extent otherwise permitted by this title.
(3) The commission may not issue a total number of resort licenses that at any time totals more than eight.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 8 - Resort License Act › Part 2 - Resort Licensing Process › Section 202 - Specific licensing requirements for resort license.

Effective 5/12/2020
32B-8-202.
Specific licensing requirements for resort license.
(1) To obtain a resort 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 resort building to any community location;
(ii) that each proposed sublicensed premises is entirely within the boundaries of the resort building; and
(iii) that the building designated in the application as the resort building qualifies as a resort building; and
(b) a description and boundary map of the resort building.
(2)
(a) A resort license expires on October 31 of each year.
(b) To renew a person's resort 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 resort license is $300.
(b) The initial license fee for a resort license is calculated as follows:
(i) if four sublicenses are being applied for under the resort license, $10,000; or
(ii) if more than four sublicenses are being applied for under the resort license, the sum of:
(A) $10,000; and
(B) $2,000 for each sublicense in excess of four sublicenses for which the person is applying.
(c) The renewal fee for a resort license is $1,000 for each sublicense under the resort license.
(4)
(a) The bond amount required for a resort license is the penal sum of $25,000.
(b) A resort licensee is not required to have a separate bond for each sublicense, except that the aggregate of the bonds posted by the resort licensee shall cover each sublicense under the resort license.
(5) The commission may not issue a resort license for a resort building that does not meet the proximity requirements of Section 32B-1-202.
(6) In accordance with Subsection 32B-8d-103(4), a resort licensee may request to add a sublicense after the commission issues the resort licensee's resort license.
Amended by Chapter 219, 2020 General Session