Specific operational requirements for hotel license.

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  • (1)
    • (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.
    • (b) 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) the hotel licensee;
      • (ii) individual staff of the hotel licensee;
      • (iii) a sublicensee or person otherwise operating under a sublicense of the hotel licensee;
      • (iv) individual staff of a sublicensee or person otherwise operating under a sublicense of the hotel licensee; or
      • (v) any combination of the persons listed in this Subsection (1)(b).
  • (2)
    • (a) A hotel licensee may not sell, offer for sale, or furnish an alcoholic product except:
      • (i) on sublicensed premises;
      • (ii) pursuant to a permit issued under this title; or
      • (iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency.
    • (b) A hotel 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:
      • (i) if on sublicensed premises, in accordance with the operational requirements described in Section 32B-8d-104;
      • (ii) if under a permit issued under this title, in accordance with the operational requirements under the provisions applicable to the permit; and
      • (iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency.
    • (c) Notwithstanding the other provisions of this Subsection (2), a hotel licensee may not permit a patron to carry an alcoholic product off the premises of a sublicense in violation of Section 32B-5-307 or off an area designated under a permit.
  • (3) A hotel licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a hotel license.
  • (4)
    • (a) Room service of an alcoholic product to a lodging accommodation of a hotel licensee shall be provided in person by staff of the hotel licensee only to an adult occupant in the lodging accommodation.
    • (b) An alcoholic product may not be left outside a lodging accommodation for retrieval by an occupant.
  • (5) A hotel 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 or beverages for the hotel license and each of the hotel license's sublicenses is from the sale of food, not including:
    • (a) mix for an alcoholic product; and
    • (b) a charge in connection with the service of an alcoholic product.




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