2006 Utah Code - 32A-4-406 — Operational restrictions.

     32A-4-406.   Operational restrictions.
     Each person granted an on-premise banquet license and the employees and management personnel of the on-premise banquet licensee shall comply with this title, the rules of the commission, and 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 person involved in the sale or service of alcoholic beverages under the on-premise banquet license shall:
     (a) be under the supervision and direction of the on-premise banquet licensee; and
     (b) complete the seminar provided for in Section 62A-15-401.
     (2) (a) Liquor may not be purchased by the on-premise banquet licensee except from state stores or package agencies.
     (b) Liquor purchased in accordance with Subsection (2)(a) may be transported by the on-premise banquet licensee from the place of purchase to the licensed premises.
     (c) Payment for liquor shall be made in accordance with rules established by the commission.
     (3) Alcoholic beverages may be sold or provided at a banquet subject to the restrictions set forth in this Subsection (3).
     (a) An on-premise banquet licensee may sell or provide any 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:
     (i) 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:
     (A) the secondary ingredient may be dispensed only in conjunction with the purchase of a primary spirituous liquor;
     (B) the secondary ingredient may not be the only spirituous liquor in the beverage;
     (C) the on-premise banquet licensee shall designate a location where flavorings are stored on the floor plan provided to the department; and
     (D) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
     (ii) spirituous liquor need not be dispensed through a calibrated metered dispensing system if used:
     (A) as a flavoring on desserts; and
     (B) in the preparation of flaming food dishes, drinks, and desserts;
     (iii) each attendee may have no more than 2.75 ounces of spirituous liquor at a time before the attendee; and
     (iv) each attendee may have no more than one spirituous liquor drink at a time before the attendee.
     (b) (i) (A) Wine may be sold and served by the glass or an individual portion not to exceed five ounces per glass or individual portion.
     (B) An individual portion may be served to an attendee in more than one glass as long as the total amount of wine does not exceed five ounces.
     (C) An individual portion of wine is considered to be one alcoholic beverage under Subsection (5)(c).

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     (ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed by the commission.
     (iii) A wine service may be performed and a service charge assessed by the on-premise banquet licensee as authorized by commission rule for wine purchased on the banquet premises.
     (c) (i) Heavy beer may be served in original containers not exceeding one liter at prices fixed by the commission.
     (ii) A service charge may be assessed by the on-premise banquet licensee as authorized by commission rule for heavy beer purchased on the banquet premises.
     (d) (i) Except as provided in Subsection (3)(d)(ii), beer may be sold and served for on-premise consumption:
     (A) in an open container; and
     (B) on draft.
     (ii) Beer sold pursuant to Subsection (3)(d)(i) shall be in a size of container that does not exceed two liters, except that beer may not be sold to an individual attendee in a container size that exceeds one liter.
     (4) Alcoholic beverages may not be stored, served, or sold in any place other than as designated in the on-premise banquet licensee's application, except that additional locations in or on the premises of an on-premise banquet licensee may be approved in accordance with guidelines approved by the commission as provided in Subsection 32A-4-402(2).
     (5) (a) An attendee may only make alcoholic beverage purchases from and be served by a person employed, designated, and trained by the on-premise banquet licensee to sell and serve alcoholic beverages.
     (b) Notwithstanding Subsection (5)(a), an attendee who has purchased bottled wine from an employee of the on-premise banquet licensee may thereafter serve wine from the bottle to the attendee or others at the attendee's table.
     (c) Each attendee may have no more than two alcoholic beverages of any kind at a time before the attendee.
     (6) The alcoholic beverage storage area shall remain locked at all times other than those hours and days when alcoholic beverage sales are authorized by law.
     (7) (a) Except as provided in Subsection (7)(b), alcoholic beverages may be offered for sale, sold, served, or otherwise furnished from 10 a.m. to 1 a.m. seven days a week:
     (i) at a banquet; or
     (ii) in connection with room service.
     (b) Notwithstanding Subsection (7)(a), a sale or service of alcoholic beverages may not occur at a banquet or in connection with room service until after the polls are closed on the day of:
     (i) a regular general election;
     (ii) a regular primary election; or
     (iii) a statewide special election.
     (8) 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.
     (9) (a) (i) Liquor may be sold only at prices fixed by the commission.

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     (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.
     (d) An alcoholic beverage may not be sold at a special or reduced price for only certain hours of the on-premise banquet licensee'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) An on-premise banquet licensee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
     (10) Alcoholic beverages may not be purchased for an attendee by:
     (a) the on-premise banquet licensee; or
     (b) any employee or agent of the on-premise banquet licensee.
     (11) An attendee of a banquet may not bring any alcoholic beverage into or onto, or remove any alcoholic beverage from the premises of a banquet.
     (12) (a) Except as otherwise provided in this title, the sale and service of alcoholic beverages by an on-premise banquet licensee at a banquet shall be made only for consumption at the location of the banquet.
     (b) The host of a banquet, an attendee, or any other person other than the on-premise banquet licensee or its employees, may not remove any alcoholic beverage from the premises of the banquet.
     (13) An on-premise banquet licensee employee shall remain at the banquet at all times when alcoholic beverages are being sold, served, or consumed at the banquet.
     (14) (a) An on-premise banquet licensee may not leave any unsold alcoholic beverages at the banquet following the conclusion of the banquet.
     (b) At the conclusion of a banquet, the on-premise banquet licensee or its employees, shall:
     (i) destroy any opened and unused alcoholic beverages that are not saleable, under conditions established by the department; and
     (ii) return to the on-premise banquet licensee's approved locked storage area any:
     (A) opened and unused alcoholic beverage that is saleable; and
     (B) unopened containers of alcoholic beverages.
     (15) Except as provided in Subsection (14), any open or sealed container of alcoholic beverages not sold or consumed at a banquet:
     (a) shall be stored by the on-premise banquet licensee in the licensee's approved locked storage area; and
     (b) may be used at more than one banquet.
     (16) An on-premise banquet licensee may not employ a minor to sell, serve, dispense, or otherwise furnish alcoholic beverages in connection with the licensee's banquet and room service activities.
     (17) An employee of an on-premise banquet licensee, while on duty, may not:
     (a) consume an alcoholic beverage; or
     (b) be intoxicated.
     (18) An on-premise banquet licensee shall prominently display at each banquet at which

alcoholic beverages are sold or served:
     (a) a copy of the licensee's on-premise banquet license; and
     (b) 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) The following acts or conduct are considered contrary to the public welfare and morals, and are prohibited at and during the hours of a banquet:
     (a) employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals;
     (b) employing or using the services of any person to mingle with the patrons while the person is unclothed or in attire, costume, or clothing described in Subsection (19)(a);
     (c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person;
     (d) permitting any employee or person to wear or use any device or covering, exposed to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
     (e) permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in this Subsection (19);
     (f) permitting any person to remain in or upon the premises who exposes to public view any portion of that person's genitals or anus; or
     (g) showing films, still pictures, electronic reproductions, or other visual reproductions depicting:
     (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by Utah law;
     (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
     (iii) scenes wherein artificial devices or inanimate objects are used to depict, or drawings are used to portray, any of the prohibited activities described in this Subsection (19); or
     (iv) scenes wherein a person displays the vulva, anus, or the genitals.
     (20) Nothing in Subsection (19) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (19).
     (21) (a) Although live entertainment is permitted at a banquet, an on-premise banquet licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the pubic hair, anus, vulva, or genitals.
     (b) Nothing in Subsection (21)(a) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (21)(a).
     (22) An on-premise banquet 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:
     (a) hotel;
     (b) resort facility;
     (c) sports center; or
     (d) convention center.

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     (23) (a) An on-premise banquet licensee shall maintain accounting and such other records and documents as the commission or department may require.
     (b) An on-premise banquet licensee or person acting for the on-premise banquet licensee, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of account or other documents of the on-premise banquet licensee required to be made, maintained, or preserved by this title or the rules of the commission for the purpose of deceiving the commission or department, or any of their officials or employees, is subject to:
     (i) the suspension or revocation of the on-premise banquet license; and
     (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
     (24) (a) For the purpose described in Subsection (24)(b), an on-premise banquet licensee shall provide the department with advance notice of a scheduled banquet in accordance with rules made by the commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (b) The advance notice required by Subsection (24)(a) is required to provide any of the following the opportunity to conduct a random inspection of a banquet:
     (i) an authorized representative of the commission or the department; or
     (ii) a law enforcement officer.
     (25) An on-premise banquet licensee shall maintain at least 50% of its total annual banquet gross receipts from the sale of food, not including:
     (a) mix for alcoholic beverages; and
     (b) charges in connection with the service of alcoholic beverages.
     (26) A person may not transfer an on-premise banquet license from one business location to another without prior written approval of the commission.
     (27) (a) An on-premise banquet 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 on-premise banquet license has no monetary value for the purpose of any type of disposition.
     (28) (a) Room service of alcoholic beverages to a guest room of a hotel or resort facility shall be provided in person by an on-premise banquet licensee employee only to an adult guest in the guest room.
     (b) Alcoholic beverages may not be left outside a guest room for retrieval by a guest.
     (c) An on-premise banquet licensee may only provide alcoholic beverages for room service in sealed containers.

Amended by Chapter 152, 2005 General Session