§ 32B-8-401 — Specific operational requirements for resort license.

(1) (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a resort licensee, staff of the resort licensee, and a sublicensee or a person otherwise operating under a sublicense shall comply with this section.
(1)(b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(1)(b)(i) the resort licensee;
(1)(b)(ii) individual staff of the resort licensee;
(1)(b)(iii) a sublicensee or person otherwise operating under a sublicense of the resort licensee;
(1)(b)(iv) individual staff of a sublicensee or person otherwise operating under a sublicense of the resort licensee; or
(1)(b)(v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
(2) (2)(a) A resort licensee may not sell, offer for sale, or furnish an alcoholic product except:
(2)(a)(i) on sublicensed premises;
(2)(a)(ii) pursuant to a permit issued under this title;
(2)(a)(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency; or
(2)(a)(iv) through room service.
(2)(b) A resort licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a), shall sell, offer for sale, or furnish the alcoholic product:
(2)(b)(i) if on a sublicense premises, in accordance with the operational requirements described in Section 32B-8d-104;
(2)(b)(ii) if under a permit issued under this title, in accordance with the operational requirements under the provisions applicable to the permit;
(2)(b)(iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency; and
(2)(b)(iv) if through room service, in accordance with Subsection (6).
(3) A resort licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food or beverages for the resort license and each of the resort licensee's sublicenses is from the sale of food, not including:
(3)(a) mix for an alcoholic product; and
(3)(b) a charge in connection with the service of an alcoholic product.
(4) (4)(a) A resort licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a resort license.
(4)(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product under a resort license shall complete the alcohol training and education seminar.
(5) A resort licensee shall:
(5)(a) in accordance with commission rule, establish and maintain signage that clearly identifies each designated conveyance area and conspicuously states that a patron may not take an alcoholic beverage beyond the designated conveyance area except as otherwise provided in this chapter;
(5)(b) ensure that an alcoholic beverage is not left unattended in a designated conveyance area; and
(5)(c) ensure that each patron complies with the requirements of Subsection 32B-8d-104(5)(b)(ii).
(6) (6)(a) Staff of the resort licensee shall provide room service of an alcoholic product to a lodging accommodation of a resort licensee in person only to an adult occupant in the lodging accommodation.
(6)(b) An alcoholic product may not be left outside a lodging accommodation for retrieval by an occupant.

Legislative History

Amended by Chapter 94, 2024 General Session