Specific operational requirements for resort spa sublicense.
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(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a resort licensee and staff of the resort licensee shall comply with this section.
(b) A resort spa sublicensee or a person otherwise operating under a resort spa sublicense and staff of a resort spa sublicensee or a person otherwise operating under a resort spa sublicense shall comply with:
(i)Chapter 5, Part 3, Retail Licensee Operational Requirements as if the resort spa sublicensee is a retail licensee, unless a provision conflicts with this chapter; and
(ii) this chapter.
(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:
(i) a resort licensee;
(ii) staff of the resort licensee;
(iii) a resort spa sublicensee or person otherwise operating under a resort spa sublicense;
(iv) individual staff of a resort spa sublicensee or person otherwise operating under a resort spa sublicense; or
(v) any combination of the persons listed in Subsections (1)(c)(i) through (iv).
(2)
(a) For purposes of the resort spa sublicense, the resort licensee shall ensure that a record is maintained or used for the resort spa sublicense:
(i) as the department requires; and
(ii) for a minimum period of three years.
(b) A resort spa sublicensee record is subject to inspection by an authorized representative of the commission and the department.
(c) A resort licensee shall allow the department, through a compliance officer of the department, to audit the records for a resort spa sublicense at the times the department considers advisable.
(d) The department shall audit the records for a resort spa sublicense at least once annually.
(e) Section 32B-1-205 applies to a record required to be made, maintained, or used in accordance with this Subsection (2).
(3)
(a) A resort spa sublicensee or person operating under a resort spa sublicense may not sell, offer for sale, or furnish liquor at a resort spa during a period that:
(i) begins at 1 a.m.; and
(ii) ends at 9:59 a.m.
(b) A resort spa sublicensee or person operating under a resort 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.
(c)
(i) Notwithstanding Subsections (3)(a) and (b), a resort spa shall remain open for one hour after the resort spa ceases the sale and furnishing of an alcoholic product during which time a person at the resort spa may finish consuming:
(A) a single drink containing spirituous liquor;
(B) a single serving of wine not exceeding five ounces;
(C) a single serving of heavy beer;
(D) a single serving of beer not exceeding 26 ounces; or
(E) a single serving of a flavored malt beverage.
(ii) A resort spa is not required to remain open:
(A) after all individuals have vacated the resort spa sublicensee's sublicensed premises; or
(B) during an emergency.
(4)
(a) A minor may not be admitted into, use, or be on the sublicensed premises of a resort spa sublicense unless accompanied by an individual 21 years of age or older.
(b) A minor permitted under Subsection (4)(a) to be admitted into, use, or be on the sublicensed premises of a resort spa sublicense:
(i) may only be admitted into or be on a lounge or bar area of the resort spa sublicensee's sublicensed premises momentarily while en route to another area of the resort spa; and
(ii) may not remain or sit in the lounge or bar area of the resort spa sublicensee's sublicensed premises.
(5) A resort spa sublicensee shall have food available at all times when an alcoholic product is sold, offered for sale, furnished, or consumed on the resort spa sublicensee's sublicensed premises.
(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.
(b) A resort spa patron may not have two spirituous liquor drinks before the resort spa patron if one of the spirituous liquor drinks consists only of the primary spirituous liquor for the other spirituous liquor drink.
(c) An individual portion of wine is considered to be one alcoholic product under this Subsection (6).
(7)
(a) An alcoholic product may only be consumed at a table or counter.
(b) An alcoholic product may not be served to or consumed by a patron at a dispensing structure.
(8)
(a) A resort spa sublicensee or person operating under a resort spa sublicense shall have available on the resort 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 resort spa sublicensee including:
(i) a set-up charge;
(ii) a service charge; or
(iii) a chilling fee.
(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:
(i) a set-up charge;
(ii) a service charge; or
(iii) a chilling fee.
(9)
(a) A resort licensee shall own or lease premises suitable for the resort spa sublicense's activities.
(b) A resort licensee may not maintain premises in a manner that barricades or conceals the resort spa sublicense's operation.
(10) Subject to the other provisions of this section, a resort spa sublicensee or person operating under a resort spa sublicense may not sell an alcoholic product to or allow an individual to be admitted to or use the resort spa sublicensee's sublicensed premises other than: