§ 32B-8c-301 — Specific operational requirements for arena license.

(1) (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an arena licensee, staff of the arena licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
(1)(b) Failure to comply as provided in Subjection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(1)(b)(i) the arena licensee;
(1)(b)(ii) individual staff of the arena licensee;
(1)(b)(iii) a sublicensee or person otherwise operating under a sublicense of the arena licensee;
(1)(b)(iv) individual staff of a sublicensee or person otherwise operating under a sublicense; or
(1)(b)(v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
(2) (2)(a) An arena 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; or
(2)(a)(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency.
(2)(b) An arena 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; and
(2)(b)(iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency.
(3) An arena 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 and beverages for the arena license and each of the arena license'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) An arena licensee shall, directly or indirectly, supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under an arena license.

Legislative History

Enacted by Chapter 219, 2020 General Session