2016 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 10 - Special Use Permit Act
Part 3 - Public Service Permit
Section 304 - Specific operational requirements for a public service permit.

32B-10-304. Specific operational requirements for a public service permit.

• (1)
  • (a) In addition to complying with Section 32B-10-206, a public service permittee and staff of the public service permittee 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) a public service permittee;
    • (ii) individual staff of a public service permittee; or
    • (iii) both a public service permittee and staff of the public service permittee.

• (2)
  • (a) A public service permittee whose public conveyances operate on an interstate basis may do the following:
    • (i) purchase an alcoholic product outside of the state;
    • (ii) bring an alcoholic product purchased outside of the state into the state; and
    • (iii) sell, offer for sale, and furnish an alcoholic product purchased outside of the state to a passenger traveling on the public service permittee's public conveyance for consumption while en route on the public conveyance.
  • (b) A public service permittee whose public conveyance operates solely within the state, to sell, offer for sale, or furnish to a passenger traveling on the public service permittee's public conveyance for consumption while en route on the public conveyance, shall purchase:
    • (i) liquor from a state store or package agency; and
    • (ii) beer from a beer wholesaler licensee.

• (3)
  • (a) A public service permittee may establish a hospitality room in which an alcoholic product may be stored, sold, offered for sale, furnished, and consumed, if:
    • (i) the room is located within a depot, terminal, or similar facility adjacent to and servicing the public service permittee's airline, railroad, bus, boat, or other public conveyance;
    • (ii) the room is completely enclosed and the interior is not visible to the public;
    • (iii) the sale, offer for sale, or furnishing of an alcoholic product is made only to a person:
      • (A) then in transit using the host company's airline, railroad, bus line, or other public conveyance; and
      • (B) holding a valid boarding pass or similar travel document issued by the host company; and
    • (iv)
      • (A) liquor is purchased from:
        • (I) a state store; or
        • (II) a package agency; and
      • (B) beer is purchased from a beer wholesaler licensee.
  • (b)
    • (i) A public service permittee operating a hospitality room shall display in a prominent place in the hospitality room, a sign in large letters that consists of text in the following order:
      • (A) a header that reads: "WARNING";
      • (B) a warning statement that reads: "Drinking alcoholic beverages during pregnancy can cause birth defects and permanent brain damage for the child.";
      • (C) a statement in smaller font that reads: "Call the Utah Department of Health at [insert most current toll-free number] with questions or for more information.";
      • (D) a header that reads: "WARNING"; and
      • (E) a warning statement that reads: "Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah."
    • (ii)
      • (A) The text described in Subsections (3)(b)(i)(A) through (C) shall be in a different font style than the text described in Subsections (3)(b)(i)(D) and (E).
      • (B) The warning statements in the sign described in Subsection (3)(b)(i) shall be in the same font size.
    • (iii) The Department of Health shall work with the commission and department to facilitate consistency in the format of a sign required under this section.
  • (c) A hospitality room shall be operated in accordance with this chapter and rules adopted by the commission.

Amended by Chapter 334, 2011 General Session