32A-4-206 (Repealed 07/01/11) - Operational restrictions.
32A-4-206 (Repealed 07/01/11). Operational restrictions.
A person granted an airport lounge liquor license and the employees and managementpersonnel of the airport lounge shall comply with the following conditions and requirements. Failure to comply may result in a suspension or revocation of the airport lounge liquor license orother disciplinary action taken against individual employees or management personnel.
(1) (a) Liquor may not be purchased by an airport lounge liquor licensee except from astate store or package agency.
(b) Liquor purchased from a state store or package agency may be transported by theairport lounge liquor licensee from the place of purchase to the licensed premises.
(c) Payment for liquor shall be made in accordance with the rules established by thecommission.
(2) An airport lounge liquor licensee may sell or provide a primary spirituous liquor onlyin a quantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metereddispensing system approved by the department in accordance with commission rules adoptedunder this title, except that:
(a) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used as a secondary flavoring ingredient in a beverage subject to the followingrestrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of aspirituous primary liquor;
(ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
(iii) the airport lounge liquor licensee shall designate a location where flavorings arestored on the floor plan provided 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 dispensingsystem if used:
(i) as a flavoring on a dessert; and
(ii) in the preparation of a flaming food dish, drink, or dessert;
(c) an airport lounge patron may have no more than 2.5 ounces of spirituous liquor at atime before the patron; and
(d) an airport lounge patron may have no more than two spirituous liquor drinks at a timebefore the patron, except that an airport lounge patron may not have two spirituous liquor drinksbefore the airport lounge patron if one of the spirituous liquor drinks consists only of the primaryspirituous liquor for the other spirituous liquor drink.
(3) (a) (i) Wine may be sold and served by the glass or an individual portion not toexceed five ounces per glass or individual portion.
(ii) An individual portion may be served to a patron in more than one glass as long as thetotal amount of wine does not exceed five ounces.
(iii) An individual portion of wine is considered to be one alcoholic beverage underSubsection (7)(c).
(b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a pricefixed by the commission to a table of four or more persons.
(ii) Wine may be sold and served in a container not exceeding 750 milliliters at a pricefixed by the commission to a table of less than four persons.
(c) A wine service may be performed and a service charge assessed by the airport lounge
liquor licensee as authorized by commission rule for wine purchased at the airport lounge.
(4) (a) Heavy beer may be served in an original container not exceeding one liter at aprice fixed by the commission.
(b) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(c) A service charge may be assessed by the airport lounge liquor licensee as authorizedby commission rule for heavy beer or a flavored malt beverage purchased at the airport lounge.
(5) (a) (i) Subject to Subsection (5)(a)(ii), an airport lounge liquor licensee may sell beerfor on-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual patron in a size of containerthat exceeds one liter.
(b) An airport lounge liquor licensee that sells beer pursuant to Subsection (5)(a):
(i) may do so without obtaining a separate on-premise beer retailer license from thecommission; and
(ii) shall comply with all appropriate operational restrictions under Chapter 10, BeerRetailer Licenses, that apply to an on-premise beer retailer except when those restrictions areinconsistent with or less restrictive than the operational restrictions under this part.
(c) Failure to comply with the operational restrictions under Chapter 10, Beer RetailerLicenses, required by Subsection (5)(b) may result in a suspension or revocation of the airportlounge's:
(i) state liquor license; and
(ii) alcoholic beverage license issued by the local authority.
(6) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the airport lounge liquor licensee's application, unless the airport lounge liquorlicensee first applies for and receives approval from the department for a change of locationwithin the airport lounge.
(7) (a) A patron may only make a purchase in the airport lounge from and be served by aperson employed, designated, and trained by the airport lounge liquor licensee to sell, dispense,and serve an alcoholic beverage.
(b) Notwithstanding Subsection (7)(a), a patron who purchases bottled wine from anemployee of the airport lounge may serve wine from the bottle to the patron or others at thepatron's table.
(c) An airport lounge patron may have no more than two alcoholic beverages of any kindat a time before the patron, subject to the limitation in Subsection (2)(d).
(8) The liquor storage area shall remain locked at all times other than those hours anddays when liquor sales and service are authorized by law.
(9) An alcoholic beverage may not be sold, offered for sale, served, or otherwisefurnished at an airport lounge on any day after 12 midnight and before 8 a.m.
(10) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(11) (a) (i) Liquor may be sold only at a price fixed by the commission.
(ii) Liquor may not be sold at a discount price on any date or at any time.
(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the airport lounge liquor licensee.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of the airport lounge liquor licensee's business day such as a "happy hour."
(e) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(f) An indefinite or unlimited number of alcoholic beverages during a set period may notbe sold or served for a fixed price.
(g) An airport lounge liquor licensee may not engage in a public promotion involving oroffering free an alcoholic beverage to the general public.
(12) An alcoholic beverage may not be purchased for a patron of an airport lounge by:
(a) the airport lounge liquor licensee; or
(b) an employee or agent of the airport lounge liquor licensee.
(13) (a) A person may not bring onto the premises of an airport lounge liquor licensee analcoholic beverage for on-premise consumption.
(b) An airport lounge liquor licensee or an officer, manager, employee, or agent of theairport lounge liquor licensee may not allow a person to bring onto the airport lounge premises analcoholic beverage for on-premise consumption or allow consumption of the alcoholic beverageon the airport lounge liquor licensee's premises.
(14) An airport lounge liquor licensee and an employee of the airport lounge liquorlicensee may not permit a patron to remove an alcoholic beverage from the airport loungepremises.
(15) (a) An airport lounge liquor licensee may not employ a minor to sell or dispense analcoholic beverage.
(b) Notwithstanding Subsection (15)(a), a minor who is at least 16 years of age may beemployed to enter the sale at a cash register or other sales recording device.
(16) An employee of an airport lounge liquor licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(17) A charge or fee made in connection with the sale, service, or consumption of liquormay be stated in a food or alcoholic beverage menu including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(18) An airport lounge liquor licensee shall display in a prominent place in the airportlounge:
(a) the liquor license that is issued by the department;
(b) a list of the types and brand names of liquor being served through its calibratedmetered dispensing system; and
(c) 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."
(19) (a) An airport lounge liquor licensee shall maintain an expense ledger or recordshowing in detail:
(i) quarterly expenditures made separately for malt or brewed beverages, liquor, and allother items required by the department; and
(ii) sales made separately for malt or brewed beverages, food, and all other itemsrequired by the department.
(b) An airport lounge liquor licensee shall keep a record required by Subsection (19)(a):
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) An expenditure shall be supported by:
(i) a delivery ticket;
(ii) an invoice;
(iii) a receipted bill;
(iv) a canceled check;
(v) a petty cash voucher; or
(vi) other sustaining datum or memorandum.
(d) In addition to a ledger or record required by Subsection (19)(a), an airport loungeliquor licensee shall maintain accounting and other records and documents as the departmentmay require.
(e) An airport lounge liquor licensee or person acting for the airport lounge, whoknowingly forges, falsifies, alters, cancels, destroys, conceals, or removes an entry in a book ofaccount or other document of the airport lounge required to be made, maintained, or preserved bythis title or the rules of the commission for the purpose of deceiving the commission, thedepartment, or an official or employee of the commission or department, is subject to:
(i) the immediate suspension or revocation of the airport lounge's liquor license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(20) An airport lounge liquor license may not be transferred from one location to another,without prior written approval of the commission.
(21) (a) An airport lounge liquor licensee may not sell, transfer, assign, exchange, barter,give, or attempt in any way to dispose of the airport lounge liquor license to another person,whether for monetary gain or not.
(b) An airport lounge liquor license has no monetary value for the purpose of any type ofdisposition.
(22) A server of an alcoholic beverage in an airport lounge liquor licensee'sestablishment shall keep a written beverage tab for each table or group that orders or consumesan alcoholic beverage on the premises. The beverage tab shall list the type and amount of analcoholic beverage ordered or consumed.
(23) An airport lounge liquor licensee's premises may not be leased for a privatefunction.
(24) An airport lounge liquor licensee may not on the premises of the airport loungeliquor licensee:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(25) An airport lounge liquor licensee or an employee of the airport lounge liquorlicensee may not knowingly allow a person on the licensed premises to, in violation of Title 58,Chapter 37, Utah Controlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session