§ 32B-8d-205 — Specific operational requirements for a spa sublicense.

(1) (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a resort licensee, staff of the resort licensee, a hotel licensee, and staff of the hotel licensee, shall comply with this section.
(1)(b) A spa sublicensee or a person otherwise operating under a spa sublicense and staff of a spa sublicensee or a person otherwise operating under a spa sublicense shall comply with:
(1)(b)(i) Chapter 5, Part 3, Retail Licensee Operational Requirements as if the spa sublicensee is a retail licensee, unless a provision conflicts with this chapter; and
(1)(b)(ii) this chapter.
(1)(c) 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)(c)(i) a resort licensee;
(1)(c)(ii) staff of a resort licensee;
(1)(c)(iii) a hotel licensee;
(1)(c)(iv) staff of a hotel licensee;
(1)(c)(v) a spa sublicensee or person otherwise operating under a spa sublicense;
(1)(c)(vi) individual staff of a spa sublicensee or person otherwise operating under a spa sublicense; or
(1)(c)(vii) any combination of the persons listed in Subsections (1)(c)(i) through (vi).
(2) (2)(a) For purposes of the spa sublicense, the corresponding resort licensee or hotel licensee shall ensure that a record is maintained or used for the spa sublicense:
(2)(a)(i) as the department requires; and
(2)(a)(ii) for a minimum period of three years.
(2)(b) A spa sublicensee record is subject to inspection by an authorized representative of the commission and the department.
(2)(c) A resort licensee or a hotel licensee shall allow the department, through a compliance officer of the department, to audit the records for a spa sublicense at the times the department considers advisable.
(2)(d) The department shall audit the records for a spa sublicense at least once annually.
(2)(e) Section 32B-1-205 applies to a record required to be made, maintained, or used in accordance with this Subsection (2).
(3) (3)(a) A spa sublicensee or person operating under a spa sublicense may not sell, offer for sale, or furnish liquor at a spa during a period that:
(3)(a)(i) begins at 1 a.m.; and
(3)(a)(ii) ends at 9:59 a.m.
(3)(b) A spa sublicensee or person operating under a spa sublicense may sell, offer for sale, or furnish beer during the hours specified in Chapter 6, Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer.
(3)(c) (3)(c)(i) Notwithstanding Subsections (3)(a) and (b), a spa shall remain open for one hour after the spa ceases the sale and furnishing of an alcoholic product during which time a person at the spa may finish consuming:

(3)(c)(i)(A) a single drink containing spirituous liquor;
(3)(c)(i)(B) except as provided in Subsection (3)(c)(i)(C), a single serving of wine not exceeding five ounces;
(3)(c)(i)(C) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed container and contains no more than 5% of alcohol by volume;
(3)(c)(i)(D) a single serving of heavy beer;
(3)(c)(i)(E) a single serving not exceeding 26 ounces of beer; or
(3)(c)(i)(F) a single serving of a flavored malt beverage.
(3)(c)(ii) A spa is not required to remain open:

(3)(c)(ii)(A) after all individuals have vacated the spa sublicensee's sublicensed premises; or
(3)(c)(ii)(B) during an emergency.
(4) (4)(a) A minor may not be admitted into, use, or be on the sublicensed premises of a spa sublicense unless accompanied by an individual 21 years old or older.
(4)(b) A minor permitted under Subsection (4)(a) to be admitted into, use, or be on the sublicensed premises of a spa sublicense:
(4)(b)(i) may only be admitted into or be on a lounge or bar area of the spa sublicensee's sublicensed premises momentarily while en route to another area of the spa; and
(4)(b)(ii) may not remain or sit in the lounge or bar area of the spa sublicensee's sublicensed premises.
(5) A spa sublicensee shall have food available at all times when an alcoholic product is sold, offered for sale, furnished, or consumed on the spa sublicensee's sublicensed premises.
(6) (6)(a) Subject to the other provisions of this Subsection (6), a patron may not have more than two alcoholic products of any kind at a time before the patron.
(6)(b) A spa patron may not have two spirituous liquor drinks before the spa patron if one of the spirituous liquor drinks consists only of the primary spirituous liquor for the other spirituous liquor drink.
(6)(c) An individual portion of wine is considered to be one alcoholic product under this Subsection (6).
(7) (7)(a) An alcoholic product may only be consumed at a table or counter.
(7)(b) An alcoholic product may not be served to or consumed by a patron at a dispensing structure.
(8) (8)(a) A spa sublicensee or person operating under a spa sublicense shall have available on the spa sublicense's sublicensed premises for a patron to review at the time that the patron requests it, a written alcoholic product price list or a menu containing the price of an alcoholic product sold or furnished by the spa sublicensee including:
(8)(a)(i) a set-up charge;
(8)(a)(ii) a service charge; or
(8)(a)(iii) a chilling fee.
(8)(b) A charge or fee made in connection with the sale, service, or consumption of liquor may be stated in food or alcoholic product menus including:
(8)(b)(i) a set-up charge;
(8)(b)(ii) a service charge; or
(8)(b)(iii) a chilling fee.
(9) (9)(a) A resort licensee or hotel licensee shall own or lease premises suitable for the spa sublicense's activities.
(9)(b) A resort licensee or hotel licensee may not maintain premises in a manner that barricades or conceals the spa sublicense's operation.
(10) Subject to the other provisions of this section, a spa sublicensee or person operating under a spa sublicense may not sell an alcoholic product to or allow an individual to be admitted to or use the spa sublicensee's sublicensed premises other than:

(10)(a) a resident; or
(10)(b) a customer.

Legislative History

Amended by Chapter 371, 2023 General Session