32B-5-304. Portions in which alcoholic product may be sold.

776 words·~4 min read·/ut/title-32b/chapter-5/32b-5-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/13/2026

(a)A retail licensee may sell, offer for sale, or furnish spirituous liquor that is 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.

(b)A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is:

(i)a secondary flavoring ingredient;

(ii)used as a flavoring on a dessert;

(iii)used to set aflame a food dish, drink, or dessert;

(iv)in a beverage that:

(A)is served to a patron in the original container;

(B)is not more than 12 ounces;

(C)contains no more than 10% alcohol by volume or 8% by weight; and

(D)is in a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high; or

(v)in a beverage that:

(A)is served to a patron by pouring the beverage from the original sealed container, into a different container as required under Subsection 32B-8d-104(5)(b) ;

(B)is not more than 12 ounces;

(C)contains no more than 10% alcohol by volume or 8% by weight; and

(D)originates from a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high.

(c)A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall:

(i)designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and

(ii)clearly and conspicuously label each secondary flavoring ingredient's container "flavorings."

(i)A patron may have no more than 2.5 ounces of spirituous liquor at a time.

(ii)Subsection (1)(d)(i) does not apply to a beverage described in Subsection (1)(b)(iv) .

(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.

(i)Except as provided in Subsection

(6), 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)Except as provided in Subsection

(6), 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.

(c)Notwithstanding Subsections (2)(a) and

(b), a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces.

(a)Except as provided in Subsection

(6), 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)Except as provided in Subsection

(6), 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.

(i)Subject to Subsection (5)(a)(ii) , a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:

(A)in an open original container; and

(B)in a container on draft.

(ii)A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a)(i) :

(A)in a size of container that exceeds two liters; or

(B)to an individual patron in a size of container that exceeds one liter.

(b)A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption:

(i)in a sealed container; and

(ii)in a size of container that does not exceed two liters.

(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.

(6)This section does not prohibit a retail licensee from rounding the price of liquor in accordance with Section 32B-2-213 .

Amended by Chapter 39 , 2026 General Session