32B-8d-104. General operational requirements for a sublicense.
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Effective 5/1/2024
32B-8d-104. General operational requirements for a sublicense.
(1)Except as provided in Subsections
(2)through (5), a person operating under a sublicense is subject to the operational requirements under the provisions applicable to the sublicense.
(2)Notwithstanding a requirement in the provisions applicable to the sublicense, a person operating under the sublicense is not subject to a requirement that a certain percentage of the gross receipts for the sublicense be from the sale of food, except to the extent that the gross receipts for the sublicense are included in calculating the percentages under Subsections 32B-8-401 (3), 32B-8b-301 (6), and 32B-8c-301 (3).
(3)Notwithstanding Section 32B-5-307 ,a patron may transport beer between the sublicensed premises of an arena licensee's accompanying sublicenses, if the patron transports the beer from and to an area of each sublicensed premises:
(a)that is adjacent to the other; and
(b)where the consumption of beer is permitted.
(4)Notwithstanding Section 32B-5-307 , staff of a sublicensee or person otherwise operating under a sublicense of a hotel licensee or a resort licensee may transport an alcoholic beverage from and to sublicensed premises of the hotel license or resort license, if:
(a)the sublicensee is:
(i)a full-service restaurant sublicensee;
(ii)a limited-service restaurant sublicensee;
(iii)a bar establishment sublicensee;
(iv)a beer-only restaurant sublicensee; or
(v)an on-premise beer retailer sublicensee;
(b)the individual staff carries the alcoholic beverage:
(i)from the sublicensed premises of a sublicensee described in Subsection (4)(a);
(ii)briefly through an unlicensed area or briefly through sublicensed premises on which the type of alcoholic beverage that the individual staff carries is permitted; and
(iii)to the sublicensed premises of a sublicensee described in Subsection (4)(a); and
(c)the individual staff at all times stays within:
(i)the boundary of the hotel; or
(ii)the boundary of the resort building.
(a)Notwithstanding Section 32B-5-307 , 32B-6-605 , or 32B-6-1005 , a patron may transport an alcoholic beverage between any of the following locations, if the patron lawfully obtained the alcoholic beverage on the premises of a sublicensee described in Subsections (5)(a)(i) through
(iv)and complies with Subsection (5)(b):
(i)a bar establishment sublicensee's sublicensed premises;
(ii)a hospitality amenity sublicensee's sublicensed premises;
(iii)an on-premise banquet sublicensee's sublicensed premises; and
(iv)a guest room.
(b)A patron may transport an alcoholic beverage in accordance with Subsection (5)(a) only if:
(i)the patron travels exclusively within a designated conveyance area as defined in Section 32B-8-102 or 32B-8b-102 ; and
(ii)the alcoholic beverage:
(A)is not in the alcoholic beverage's original container; and
(B)is in an opaque or solid color container that is readily identifiable as intended for use in a designated conveyance area.
(6)Except as provided in Section 32B-8-502 , for purposes of interpreting an operational requirement imposed by the provisions applicable to a sublicense:
(a)a requirement imposed on a sublicensee or person operating under a sublicense applies to the principal licensee; and
(b)a requirement imposed on staff of a sublicensee or person operating under a sublicense applies to staff of the principal licensee.
Amended by Chapter 94 , 2024 General Session