State Codes and Statutes
Statutes > Utah > Future-title-32b > Chapter-06 > 32b-6-706-effective-07-01-1132B-6-706 (Effective 07/01/11). Specific operational requirements for on-premisebeer retailer license.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee OperationalRequirements, an on-premise beer retailer and staff of the on-premise beer retailer shall complywith this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action inaccordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) an on-premise beer retailer;
(ii) individual staff of an on-premise beer retailer; or
(iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
(2) (a) An on-premise beer retailer is not subject to Section 32B-5-302, but shall makeand maintain the records the department requires.
(b) Section 32B-1-205 applies to a record required to be made or maintained inaccordance with this Subsection (2).
(3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or sellliquor on its licensed premises.
(4) Beer sold in a sealed package by an on-premise beer retailer may be removed fromthe on-premise beer retailer premises in the sealed package.
(5) (a) Only an on-premise beer retailer that operates as a tavern is subject to Subsection32B-5-309(1).
(b) An on-premise beer retailer is subject to Subsections 32B-5-309(2) and (3) regardlessof whether it operates as a tavern.
(6) (a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at itslicensed premises during a period that:
(i) begins at 1 a.m.; and
(ii) ends at 9:59 a.m.
(b) (i) Notwithstanding Subsection (5)(a), a tavern shall remain open for one hour afterthe tavern ceases the sale and furnishing of beer during which time a patron of the tavern mayfinish 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.
(c) A tavern may not allow a patron to remain on the licensed premises to consume beeron the licensed premises during a period that:
(i) begins at 2 a.m.; and
(ii) ends at 9:59 a.m.
(7) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a tavern.
(8) (a) (i) An on-premise beer retailer may not purchase, acquire, possess for the purposeof resale, or sell beer except beer that the on-premise beer retailer lawfully purchases from:
(A) a beer wholesaler licensee; or
(B) a small brewer that manufactures the beer.
(ii) Violation of Subsection (8)(a) is a class A misdemeanor.
(b) (i) If an on-premise beer retailer purchases beer under this Subsection (8) from a beerwholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer wholesalerlicensee who is designated by the manufacturer to sell beer in the geographical area in which the
off-premise beer retailer is located, unless an alternate wholesaler is authorized by the departmentto sell to the off-premise beer retailer as provided in Section 32B-13-301.
(ii) Violation of Subsection (8)(b) is a class B misdemeanor.
Enacted by Chapter 276, 2010 General Session
