2006 Utah Code - 32A-4-206 — Operational restrictions.

     32A-4-206.   Operational restrictions.
     Each person granted an airport lounge liquor license and the employees and management personnel of the airport lounge shall comply with the following conditions and requirements. Failure to comply may result in a suspension or revocation of the license or other disciplinary action taken against individual employees or management personnel.
     (1) (a) Liquor may not be purchased by an airport lounge liquor licensee except from state stores or package agencies.
     (b) Liquor purchased may be transported by the licensee from the place of purchase to the licensed premises.
     (c) Payment for liquor shall be made in accordance with the rules established by the commission.
     (2) An airport lounge liquor licensee may sell or provide a primary spirituous liquor only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title, except that:
     (a) spirituous liquor need not be dispensed through a calibrated metered dispensing system if used as a secondary flavoring ingredient in a beverage subject to the following restrictions:
     (i) the secondary ingredient may be dispensed only in conjunction with the purchase of a spirituous primary liquor;
     (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
     (iii) the airport lounge liquor licensee shall designate a location where flavorings are stored on the floor plan provided to the department; and
     (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
     (b) spirituous liquor need not be dispensed through a calibrated metered dispensing system if used:
     (i) as a flavoring on desserts; and
     (ii) in the preparation of flaming food dishes, drinks, and desserts; and
     (c) each airport lounge patron may have no more than 2.75 ounces of spirituous liquor at a time before the patron.
     (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to exceed five ounces per glass or individual portion.
     (ii) An individual portion may be served to a patron in more than one glass as long as the total amount of wine does not exceed five ounces.
     (iii) An individual portion of wine is considered to be one alcoholic beverage under Subsection (7)(c).
     (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed by the commission to tables of four or more persons.
     (ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by the commission to tables of less than four persons.
     (c) A wine service may be performed and a service charge assessed by the airport lounge as authorized by commission rule for wine purchased at the airport lounge.
     (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices fixed by the commission.
     (b) A service charge may be assessed by the airport lounge as authorized by commission

rule for heavy beer purchased at the airport lounge.
     (5) (a) (i) Subject to Subsection (5)(a)(ii), an airport lounge licensed to sell liquor may sell beer for on-premise consumption:
     (A) in an open container; and
     (B) on draft.
     (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does not exceed two liters, except that beer may not be sold to an individual patron in a size of container that exceeds one liter.
     (b) An airport lounge that sells beer pursuant to Subsection (5)(a):
     (i) may do so without obtaining a separate on-premise beer retailer license from the commission; and
     (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are inconsistent with or less restrictive than the operational restrictions under this part.
     (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the airport lounge's:
     (i) state liquor license; and
     (ii) alcoholic beverage license issued by the local authority.
     (6) Alcoholic beverages may not be stored, served, or sold in any place other than as designated in the licensee's application, unless the licensee first applies for and receives approval from the department for a change of location within the airport lounge.
     (7) (a) A patron may only make purchases in the airport lounge from and be served by a person employed, designated, and trained by the licensee to sell, dispense, and serve alcoholic beverages.
     (b) Notwithstanding Subsection (7)(a), a patron who has purchased bottled wine from an employee of the airport lounge may serve wine from the bottle to the patron or others at the patron's table.
     (c) Each airport lounge patron may have no more than two alcoholic beverages of any kind at a time before the patron.
     (8) The liquor storage area shall remain locked at all times other than those hours and days when liquor sales and service are authorized by law.
     (9) Alcoholic beverages may not be sold, offered for sale, served, or otherwise furnished at an airport lounge on any day after 12 midnight and before 8 a.m.
     (10) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
     (a) minor;
     (b) person actually, apparently, or obviously intoxicated;
     (c) known habitual drunkard; or
     (d) known interdicted person.
     (11) (a) (i) Liquor may be sold only at prices fixed by the commission.
     (ii) Liquor may not be sold at discount prices on any date or at any time.
     (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage to the licensee.
     (c) An alcoholic beverage may not be sold at a special or reduced price that encourages over consumption or intoxication.

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     (d) An alcoholic beverage may not be sold at a special or reduced price for only certain hours of the airport lounge's business day such as a "happy hour."
     (e) The sale or service of more than one alcoholic beverage for the price of a single alcoholic beverage is prohibited.
     (f) The sale or service of an indefinite or unlimited number of alcoholic beverages during any set period for a fixed price is prohibited.
     (g) An airport lounge licensee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
     (12) Alcoholic beverages may not be purchased for a patron of an airport lounge by:
     (a) the licensee; or
     (b) any employee or agent of the licensee.
     (13) (a) A person may not bring onto the premises of an airport lounge licensee any alcoholic beverage for on-premise consumption.
     (b) An airport lounge or its officers, managers, employees, or agents may not allow a person to bring onto the airport lounge premises any alcoholic beverage for on-premise consumption or allow consumption of any such alcoholic beverage on its premises.
     (14) An airport lounge licensee and its employees may not permit a patron to remove any alcoholic beverages from the airport lounge premises.
     (15) (a) A minor may not be employed by an airport lounge licensee to sell or dispense alcoholic beverages.
     (b) Notwithstanding Subsection (15)(a), a minor may be employed to enter the sale at a cash register or other sales recording device.
     (16) An employee of an airport lounge licensee, while on duty, may not:
     (a) consume an alcoholic beverage; or
     (b) be intoxicated.
     (17) Any charge or fee made in connection with the sale, service, or consumption of liquor may be stated in a food or alcoholic beverage menu including:
     (a) a set-up charge;
     (b) a service charge; or
     (c) a chilling fee.
     (18) Each airport lounge liquor licensee shall display in a prominent place in the airport lounge:
     (a) the liquor license that is issued by the department;
     (b) a list of the types and brand names of liquor being served through its calibrated metered dispensing system; and
     (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah."
     (19) (a) Each airport lounge liquor licensee shall maintain an expense ledger or record showing in detail:
     (i) quarterly expenditures made separately for malt or brewed beverages, liquor, and all other items required by the department; and
     (ii) sales made separately for malt or brewed beverages, food, and all other items required by the department.
     (b) This record shall be kept:
     (i) in a form approved by the department; and

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     (ii) current for each three-month period.
     (c) Each expenditure shall be supported by:
     (i) delivery tickets;
     (ii) invoices;
     (iii) receipted bills;
     (iv) canceled checks;
     (v) petty cash vouchers; or
     (vi) other sustaining data or memoranda.
     (d) In addition to a ledger or record required by Subsection (19)(a), each airport lounge liquor licensee shall maintain accounting and other records and documents as the department may require.
     (e) Any airport lounge or person acting for the airport lounge, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of account or other documents of the airport lounge required to be made, maintained, or preserved by this title or the rules of the commission for the purpose of deceiving the commission or the department, or any of their officials or employees, is subject to:
     (i) the immediate suspension or revocation of the airport lounge's liquor license; and
     (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
     (20) An airport lounge liquor license may not be transferred from one location to another, without prior written approval of the commission.
     (21) (a) An airport lounge liquor licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to any other person, whether for monetary gain or not.
     (b) An airport lounge liquor license has no monetary value for the purpose of any type of disposition.
     (22) Each server of alcoholic beverages in a licensee's establishment shall keep a written beverage tab for each table or group that orders or consumes alcoholic beverages on the premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or consumed.
     (23) An airport lounge liquor licensee's premises may not be leased for private functions.
     (24) An airport lounge liquor licensee may not engage in or permit any form of gambling, or have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11, Gambling, on the premises of the airport lounge liquor licensee.

Amended by Chapter 268, 2004 General Session