32B-4-415. Unlawful bringing onto premises for consumption.
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/ut/title-32b/chapter-4/32b-4-415A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
32B-4-415. Unlawful bringing onto premises for consumption.
(1)Except as provided in Subsection
(4)and Section 32B-5-307 , a person may not bring an alcoholic product for on-premise consumption onto the premises of:
(a)a retail licensee or person required to be licensed under this title as a retail licensee;
(b)an establishment that conducts a business similar to a retail licensee;
(c)an event where an alcoholic product is sold, offered for sale, or furnished under a single event permit or temporary beer event permit issued under this title;
(d)an establishment open to the general public; or
(e)the capitol hill complex.
(2)Except as provided in Subsection
(4)and Section 32B-5-307 , the following may not allow a person to bring onto its premises an alcoholic product for on-premise consumption or allow consumption of an alcoholic product brought onto its premises in violation of this section:
(a)a retail licensee or a person required to be licensed under this title as a retail licensee;
(b)an establishment that conducts a business similar to a retail licensee;
(c)a single event permittee or temporary beer event permittee;
(d)an establishment open to the general public;
(e)the State Capitol Preservation Board created in Section 63O-2-201 ; or
(f)staff of a person listed in Subsections (2)(a) through (e).
(3)Except as provided in Subsection (4)(c)(i)(A), a person may not consume an alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a passenger at:
(a)a location from which the passenger departs in a private vehicle; or
(b)the capitol hill complex.
(a)A person may bring bottled wine onto the premises of the following and consume the wine pursuant to Section 32B-5-307 :
(i)a full-service restaurant licensee;
(ii)a limited restaurant licensee;
(iii)a bar establishment licensee; or
(iv)a person operating under a spa sublicense.
(b)A passenger of a limousine may bring onto, possess, and consume an alcoholic product in the limousine if:
(i)the travel of the limousine begins and ends at:
(A)the residence of the passenger;
(B)the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(C)the temporary domicile of the passenger;
(ii)the driver of the limousine is separated from the passengers by partition or other means approved by the department; and
(iii)the limousine is not located on the capitol hill complex.
(c)A passenger of a chartered bus may bring onto, possess, and consume an alcoholic product on the chartered bus:
(A)but may consume only during travel to a specified destination of the chartered bus and not during travel back to the place where the travel begins; or
(B)if the travel of the chartered bus begins and ends at:
(I)the residence of the passenger;
(II)the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(III)the temporary domicile of the passenger;
(ii)if the chartered bus has a nondrinking designee other than the driver traveling on the chartered bus to monitor consumption; and
(iii)if the chartered bus is not located on the capitol hill complex.
(5)A person may bring onto any premises, possess, and consume an alcoholic product at a private event.
(6)Notwithstanding Subsection (5), private and public facilities may prohibit the possession or consumption of alcohol on their premises.
(7)The restrictions of Subsections
(2)and
(3)apply to a resort licensee or hotel licensee or person operating under a sublicense in relationship to:
(a)the boundary of a resort building, as defined in Section 32B-8-102 , or the boundary of a hotel, as defined in Section 32B-8b-102 , in an area that is open to the public; or
(b)except as provided in Subsection (4), sublicensed premises.
Amended by Chapter 425 , 2024 General Session