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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 307 - Bringing alcoholic product onto or removing alcoholic product from premises.
Universal Citation: UT Code § 32B-5-307 (2021)
Effective 5/5/2021
32B-5-307. Bringing alcoholic product onto or removing alcoholic product from premises.
Amended by Chapter 291, 2021 General Session
32B-5-307. Bringing alcoholic product onto or removing alcoholic product from premises.
- (1) Except as provided in Subsections (3) and (4):
- (a) a person may not bring onto the licensed premises of a retail licensee an alcoholic product for on-premise consumption;
- (b) a retail licensee may not allow a person to:
- (i) bring onto licensed premises an alcoholic product for on-premise consumption; or
- (ii) consume an alcoholic product brought onto the licensed premises by a person other than the retail licensee; and
- (c) a retail licensee may not sell, offer for sale, or furnish an alcoholic product through a window or door to a location off the licensed premises or to a vehicular traffic area.
- (2) Except as provided in Subsections (3) and (4) and Subsection 32B-4-415(5):
- (a) a person may not carry from a licensed premises of a retail licensee an open container that:
- (i) is used primarily for drinking purposes; and
- (ii) contains an alcoholic product;
- (b) a retail licensee may not permit a patron to carry from the licensed premises an open container described in Subsection (2)(a); and
- (c)
- (i) a person may not carry from a licensed premises of a retail licensee a sealed container of liquor that has been purchased from the retail licensee; and
- (ii) a retail licensee may not permit a patron to carry from the licensed premises a sealed container of liquor that has been purchased from the retail licensee.
- (a) a person may not carry from a licensed premises of a retail licensee an open container that:
- (3)
- (a) A patron may bring a bottled wine onto the premises of a retail licensee for on-premise consumption if:
- (i) permitted by the retail licensee; and
- (ii) the retail licensee is authorized to sell, offer for sale, or furnish wine.
- (b) If a patron carries bottled wine onto the licensed premises of a retail licensee, the patron shall deliver the bottled wine to a server or other representative of the retail licensee upon entering the licensed premises.
- (c) A retail licensee authorized to sell, offer for sale, or furnish wine, may provide a wine service for a bottled wine carried onto the licensed premises in accordance with this Subsection (3) or a bottled wine purchased at the licensed premises.
- (d) A patron may remove from a licensed premises the unconsumed contents of a bottle of wine purchased at the licensed premises, or brought onto the licensed premises in accordance with this Subsection (3), only if before removal the bottle is recorked or recapped.
- (a) A patron may bring a bottled wine onto the premises of a retail licensee for on-premise consumption if:
- (4) Neither a patron nor a retail licensee violates this section if:
- (a) the patron is in shared seating; and
- (b) the patron purchased the patron's alcoholic beverage from a restaurant licensee whose licensed premises include the shared seating area the patron is in.
Amended by Chapter 291, 2021 General Session
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