General operational requirements for a sublicense.

  1. Law
  2. Utah Code
  3. Alcoholic Beverage Control Act
  4. Sublicense Act
  5. General Provisions
  6. General operational requirements for a sublicense.

Checkout our iOS App for a better way to browser and research.

Affected by 63I-2-232 on 7/1/2022

Effective 5/5/2021
32B-8d-104. General operational requirements for a sublicense.
  • (1) Except as provided in Subsections (2) through (4), a person operating under a sublicense is subject to the operational requirements under the provisions applicable to the sublicense.
  • (2) Notwithstanding a requirement in the provisions applicable to the sublicense, a person operating under the sublicense is not subject to a requirement that a certain percentage of the gross receipts for the sublicense be from the sale of food, except to the extent that the gross receipts for the sublicense are included in calculating the percentages under Subsections 32B-8-401(3), 32B-8b-301(5), and 32B-8c-301(3).
  • (3) Notwithstanding Sections 32B-6-202 and 32B-6-302, a bar structure in a sublicensed premises operated under a full-service restaurant sublicense or a limited-service restaurant sublicense is considered a grandfathered bar structure if the sublicense is a sublicense to a resort license issued on or before December 31, 2010.
  • (4) Notwithstanding Section 32B-5-307:
    • (a) a patron may transport beer between the sublicensed premises of an arena licensee's accompanying sublicenses, if the patron transports the beer from and to an area of each sublicensed premises:
      • (i) that is adjacent to the other; and
      • (ii) where the consumption of beer is permitted; and
    • (b) staff of a sublicensee or person otherwise operating under a sublicense of a hotel licensee or a resort licensee may transport an alcoholic beverage from and to sublicensed premises of the hotel license or resort license, if:
      • (i) the sublicensee is:
        • (A) a full-service restaurant sublicensee;
        • (B) a limited-service restaurant sublicensee;
        • (C) a bar establishment sublicensee;
        • (D) a beer-only restaurant sublicensee; or
        • (E) an on-premise beer retailer sublicensee;
      • (ii) the individual staff carries the alcoholic beverage:
        • (A) from the sublicensed premises of a sublicensee described in Subsection (4)(b)(i);
        • (B) briefly through an unlicensed area or briefly through sublicensed premises on which the type of alcoholic beverage that the individual staff carries is permitted; and
        • (C) to the sublicensed premises of a sublicensee described in Subsection (4)(b)(i); and
      • (iii) the individual staff at all times stays within:
        • (A) the boundary of the hotel, as defined in Section 32B-8b-102; or
        • (B) the boundary of the resort building, as defined in Section 32B-8-102.
  • (5) Except as provided in Section 32B-8-502, for purposes of interpreting an operational requirement imposed by the provisions applicable to a sublicense:
    • (a) a requirement imposed on a sublicensee or person operating under a sublicense applies to the principal licensee; and
    • (b) a requirement imposed on staff of a sublicensee or person operating under a sublicense applies to staff of the principal licensee.




Download our app to see the most-to-date content.