§ 32B-8b-301 — Specific operational requirements for hotel license.

(1) (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
(1)(b) 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 hotel licensee;
(1)(b)(ii) individual staff of the hotel licensee;
(1)(b)(iii) a sublicensee or person otherwise operating under a sublicense of the hotel licensee;
(1)(b)(iv) individual staff of a sublicensee or person otherwise operating under a sublicense of the hotel licensee; or
(1)(b)(v) any combination of the persons listed in this Subsection (1)(b).
(2) (2)(a) A hotel 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 hotel 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 sublicensed 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 (5).
(2)(c) Notwithstanding the other provisions of this Subsection (2) and except as provided in Section 32B-8d-104, a hotel licensee may not permit a patron to carry an alcoholic product off the premises of a sublicense in violation of Section 32B-5-307, off an area designated under a permit, or off a designated conveyance area.
(3) A hotel licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a hotel license.
(4) (4)(a) A hotel licensee shall:
(4)(a)(i) 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;
(4)(a)(ii) ensure that an alcoholic beverage is not left unattended in a designated conveyance area; and
(4)(a)(iii) ensure that each patron complies with the requirements of Subsection 32B-8d-104(5)(b)(ii).
(4)(b) In accordance with Subsection (2), a hotel licensee may not sell, offer for sale, or furnish an alcoholic product in a designated conveyance area.
(5) (5)(a) Staff of the hotel licensee shall provide room service of an alcoholic product to a lodging accommodation of a hotel licensee in person only to an adult occupant in the lodging accommodation.
(5)(b) An alcoholic product may not be left outside a lodging accommodation for retrieval by an occupant.
(6) A hotel 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 hotel license and each of the hotel license's sublicenses is from the sale of food, not including:
(6)(a) mix for an alcoholic product; and
(6)(b) a charge in connection with the service of an alcoholic product.

Legislative History

Amended by Chapter 94, 2024 General Session