Common consumption areas.

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(1) A promotional association or attached licensed premises shall not:

  1. Employ a person to serve alcohol beverages or provide security within the commonconsumption area unless the server has completed the server and seller training program established by the director of the liquor enforcement division of the department;

  2. Sell or provide an alcohol beverage to a customer for consumption within the common consumption area but not within the licensed premises in a container that is larger than sixteen ounces;

  3. Sell or provide an alcohol beverage to a customer for consumption within the common consumption area but not within the licensed premises unless the container is disposable and contains the name of the vendor in at least twenty-four-point font;

  4. Permit customers to leave the licensed premises with an alcohol beverage unless thebeverage container complies with subsections (1)(b) and (1)(c) of this section;

  5. Operate the common consumption area during hours the licensed premises cannotsell alcohol under this article 3 or the limitations imposed by the local licensing authority;

  6. Operate the common consumption area in an area that exceeds the maximum

authorized by this article 3 or by the local licensing authority;

  1. Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, giving, orprocuring of, an alcohol beverage to a visibly intoxicated person or to a known habitual drunkard;

  2. Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, or giving ofan alcohol beverage to a person under twenty-one years of age; or

  3. Permit a visibly intoxicated person to loiter within the common consumption area.

  1. The promotional association shall promptly remove all alcohol beverages from thecommon consumption area at the end of the hours of operation.

  2. A person shall not consume an alcohol beverage within the common consumptionarea unless it was purchased from an attached, licensed premises.

  3. This section does not apply to a special event permit issued under article 5 of thistitle 44 or the holder thereof unless the permit holder desires to use an existing common consumption area and agrees in writing to the requirements of this article 3 and the local licensing authority concerning the common consumption area.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1065, § 2, effective October 1.

Editor's note: This section is similar to former § 12-47-909 as it existed prior to 2018.


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