2006 Utah Code - 32A-10-206 — Operational restrictions.

     32A-10-206.   Operational restrictions.
     Each person granted an on-premise beer retailer license and the employees and management personnel of the on-premise beer retailer licensee 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) Subject to Subsection (1)(b), a beer retailer licensee may sell beer for on-premise consumption:
     (i) in an open container; and
     (ii) on draft.
     (b) Beer sold pursuant to Subsection (1)(a) 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.
     (2) Liquor may not be stored or sold on the premises of any on-premise beer retailer licensee.
     (3) A patron of the on-premise beer retailer may only make purchases from and be served by a person employed, designated, and trained by the licensee to sell and serve beer.
     (4) (a) Beer may not be sold, offered for sale, served, or otherwise furnished at any on-premise beer retailer establishment after 1 a.m. and before 10 a.m.
     (b) Beer may not be sold, served, or otherwise furnished to any:
     (i) minor;
     (ii) person actually, apparently, or obviously intoxicated;
     (iii) known habitual drunkard; or
     (iv) known interdicted person.
     (c) (i) Notwithstanding Subsection (4)(a), a tavern licensed under this chapter shall remain open for one hour after the tavern ceases the sale and service of alcoholic beverages 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.
     (d) Between the hours of 2 a.m. and 10 a.m. on any day a tavern may not allow a patron to remain on the premises to consume alcoholic beverages on the premises.
     (5) (a) Beer may not be sold at less than the cost of the beer to the licensee.
     (b) Beer may not be sold at a special or reduced price that encourages over consumption or intoxication.
     (c) Beer may not be sold at a special or reduced price for only certain hours of the beer retailer's business day such as a "happy hour."
     (d) The sale or service of more than one alcoholic beverage for the price of a single alcoholic beverage is prohibited.
     (e) The sale or service of an indefinite or unlimited number of alcoholic beverages during any set period for a fixed price is prohibited.
     (f) An on-premise beer licensee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
     (6) Beer sold in sealed containers by the on-premise beer retailer licensee may be removed from the on-premise beer retailer premises.

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     (7) (a) A person may not bring onto the premises of an on-premise beer retailer licensee any alcoholic beverage for on-premise consumption.
     (b) An on-premise beer retailer licensee or its officers, managers, employees, or agents may not:
     (i) allow a person to bring onto the on-premise beer retailer licensee premises any alcoholic beverage for on-premise consumption; or
     (ii) allow consumption of any such alcoholic beverage on its premises.
     (8) An on-premise beer retailer licensee and its employees may not permit a patron to carry from the premises an open container that:
     (a) is used primarily for drinking purposes; and
     (b) contains any alcoholic beverage.
     (9) (a) Except as provided in Subsection (9)(b), a minor may not be:
     (i) employed by or be on the premises of an on-premise beer retailer licensee to sell, dispense, or otherwise furnish beer; or
     (ii) on the premises of any tavern.
     (b) Notwithstanding Subsection (9)(a), a minor may be employed to enter the sale at a cash register or other sales recording device on the premises of an on-premise beer retailer that is not a tavern.
     (10) An employee of a licensee, while on duty, may not:
     (a) consume an alcoholic beverage; or
     (b) be intoxicated.
     (11) Each on-premise beer retailer licensee shall display in a prominent place in the on-premise beer retailer licensee:
     (a) the on-premise beer retailer license that is issued by the department; 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."
     (12) The following acts or conduct in an on-premise beer retailer outlet licensed under this part are considered contrary to the public welfare and morals, and are prohibited upon the premises:
     (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 as described in Subsection (12)(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 section;
     (f) permitting any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus; or
     (g) showing films, still pictures, electronic reproductions, or other visual reproductions depicting:

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     (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are 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 employed to depict, or drawings are employed to portray, any of the prohibited activities described in this section; or
     (iv) scenes wherein a person displays the vulva or the anus or the genitals.
     (13) Nothing in Subsection (12) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (12).
     (14) (a) Although live entertainment is permitted on the premises of an on-premise beer retailer licensee, a licensee may not permit 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. Entertainers shall perform only upon a stage or at a designated area approved by the commission.
     (b) Nothing in Subsection (14)(a) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (14)(a).
     (15) An on-premise beer retailer licensee may not engage in or permit any form of gambling, or have any video gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling, on the premises of the on-premise beer retailer licensee.
     (16) (a) Each on-premise beer retailer licensee shall maintain accounting and other records and documents as the department may require.
     (b) Any on-premise beer retailer licensee or person acting for the on-premise beer retailer 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 beer retailer 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 the department, or any of their officials or employees, is subject to:
     (i) the immediate suspension or revocation of the on-premise beer retailer license; and
     (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
     (17) An on-premise beer retailer license may not be transferred from one location to another, without prior written approval of the commission.
     (18) (a) An on-premise beer retailer licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to any person, whether for monetary gain or not.
     (b) An on-premise beer retailer license has no monetary value for the purpose of any type of disposition.

Amended by Chapter 268, 2004 General Session