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2021 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 5 - Retail License Act
Part 3 - Retail Licensee Operational Requirements
Section 304 - Portions in which alcoholic product may be sold.
Universal Citation: UT Code § 32B-5-304 (2021)
Effective 5/14/2019
32B-5-304. Portions in which alcoholic product may be sold.
Amended by Chapter 403, 2019 General Session
32B-5-304. Portions in which alcoholic product may be sold.
- (1) A retail licensee may sell, offer for sale, or furnish a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces 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 requirements:
- (i) the secondary ingredient may be dispensed only in conjunction with the purchase of a primary spirituous liquor;
- (ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
- (iii) the retail licensee shall designate a location where flavorings are stored on the floor plan submitted to the department; and
- (iv) a flavoring container 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 a dessert; and
- (ii) in the preparation of a flaming food dish, drink, or dessert; and
- (c) a patron may have no more than 2.5 ounces of spirituous liquor at a time.
- (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 requirements:
- (2)
- (a)
- (i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion.
- (ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces.
- (b)
- (i) A retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.
- (ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.
- (a)
- (3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
- (4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
- (5)
- (a) Subject to Subsection (5)(b), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:
- (i) in an open original container; and
- (ii) in a container on draft.
- (b) A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a):
- (i) in a size of container that exceeds two liters; or
- (ii) to an individual patron in a size of container that exceeds one liter.
- (c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces.
- (a) Subject to Subsection (5)(b), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:
Amended by Chapter 403, 2019 General Session
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