Utah Admin. Code R3 — Alcoholic Beverage Services

R82 Administration

R82-1 General

Utah Admin. Code R82-1-101 Scope and Effective Date

This rule is adopted pursuant to Section 32B-2-202 and shall be interpreted so as to be consistent with the Alcoholic Beverage Control Act. This rule shall govern the Department and all licensees and permittees of the Commission.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-102 Definitions

(1) Authority. This rule is made pursuant to Sections 32B-1-102 and 32B-2-202.

(2) Definitions of terms in the Act are used in Title R82, except where the context of the terms in Title R82 clearly indicates a different meaning.

(3) As used in Title R82:

(a) "Act" means the Title 32B, Alcoholic Beverage Control Act.

(b) "Commission" means the Utah Alcoholic Beverage Services Commission.

(c)(i) "Controlled group of manufacturers" means a group of incorporated or non-incorporated alcohol manufacturers that are related directly or indirectly through more than 50% common ownership or control by any person;

(ii) "Controlled group of manufacturers" includes an alcohol manufacturer if more than 50% of the alcohol manufacturing entity is owned or controlled directly or indirectly either by, or in common with, another alcohol manufacturer.

(d) "Department " or "DABS" means the Utah Department of Alcoholic Beverage Services.

(e) "Director" means the executive director of the Department of Alcoholic Beverage Services.

(f) "Guest room" means a space normally utilized by an individual for occupancy, usually a traveler who lodges at an inn, hotel, or resort.

(g) "Manager" means, depending on the context:

(i) a person chosen or appointed to manage, direct, or administer the affairs of another person, corporation, or company;

(ii) an individual chosen or appointed to direct, supervise, or administer the operations at a licensed business; or

(iii) an individual who supervises the furnishing of an alcoholic product to another, regardless of the exact employment title that the individual holds.

(h) "Material revision" means a change that affects a label's imagery, color scheme, name, brand identification, logo, slogan, displayed certifications, wording, font size and style changes, alcohol content, ingredients, nutrition facts, and other identifiers unique to the brand.

(i) "Material revision" does not mean correction of typos, punctuation, changed address for bottling within Utah.

(j) "Person" means the same as that term is defined in Section 68-3-12.5.

(k) "Point of sale" means that portion:

(i) of a package agency, restaurant, limited restaurant, beer-only restaurant, airport lounge, on-premise banquet premises, reception center, recreational amenity on-premise beer retailer, tavern, single event permitted area, temporary special event beer permitted area, or public service special use permitted area that has been designated by the Department as an alcoholic beverage selling area; or

(ii) of an establishment that sells beer for off-premise consumption where the beer is displayed or offered for sale.

(l) "Respondent" means a licensee, permittee, or employee or agent of a licensee or permittee, or other entity against whom a letter of admonishment or notice of agency action is directed.

(m) "Staff" or "authorized staff member" means a person authorized by the director of the Department to perform a particular act.

(n) "Utah alcoholic beverage control laws" means any Utah statute, Commission rule, or municipal or county ordinance relating to the manufacture, possession, transportation, distribution, sale, supply, wholesale, warehousing, or furnishing of alcoholic beverages.

(o) "Warning sign" means a sign no smaller than 8.5 inches high by 11 inches wide, clearly readable, stating: "Warning: drinking alcoholic beverages during pregnancy can cause birth defects and permanent brain damage for the child. Call the Utah Department of Health and Human Services at INSERT MOST CURRENT TOLL-FREE NUMBER with questions or for more information" and "Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah." The two warning messages shall be in the same font size but different font styles that are no smaller than 36 point bold. The font size for the health department contact information shall be no smaller than 20 point bold.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-103 General Provisions

(1) Authority. This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to act as the general policymaking body regarding alcoholic product in the state and to adopt rules accordingly.

(2) Purpose. The purpose of this rule is to provide administrative guidance to the Department and members of the public.

(3) Definitions. As used in this rule, "cash-only" means:

(a) cash;

(b) certified check;

(d) cashier's check; or

(e) United States Post Office money order.

(4) The Department may assess the legal rate of interest pursuant to Title 15, Contracts and Obligations in General, for any debt or obligation owed to the Department by a licensee, permittee, package agent, or any other person.

(5) The Department shall assess a $20 charge for any dishonored check payable to the Department if returned for the following reasons:

( a) insufficient funds;

(b) refer to maker; or

(6)(a) Receipt of a check payable to the Department that is returned by the bank for any of the reasons listed in Subsection (5) may result in the immediate suspension of the license, permit, or operation of the package agency of the person tendering the check until legal tender of the United States of America, certified check, bank draft, cashier's check, or United States post office money order plus the $20 charge described in Subsection (5) is received by the Department.

(b) Failure to make good the returned check and pay the $20 charge within 30 days after the license, permit, or operation of the package agency is suspended, is grounds for revocation of the license or permit, or termination of the package agency contract, and the forfeiture of the licensee's, permittee's, or package agent's bond.

(7)(a) In addition to the remedies listed in Subsection (6), the Department may require that the licensee, permittee, or package agent transact business with the Department on a cash-only basis.

(b) The determination of when to put a licensee, permittee, or package agency operator on cash-only basis and the length of the cash-only restriction is at the discretion of the Department and based on the following factors:

(i) the dollar amount of the returned check;

(ii) the number of returned checks;

(iii) the length of time the licensee, permittee, or package agency operator has had a license, permit, or package agency with the Department;

(iv) the time necessary to collect the returned check; and

(v) any other circumstances.

(8) A returned check received by the Department from or on behalf of an applicant for or holder of a single event permit or temporary beer event permit may, at the discretion of the Department, require that the person or entity that applied for or held the permit be on cash-only basis for any future event requiring a permit under Title 32B, Chapter 9, Event Permit Act.

(9) In addition to the remedies established in this rule, the Department may pursue any legal remedies to effect collection of any returned check.

(10) If a manufacturer and the Department have agreed to allow the manufacturer to ship an alcoholic beverage directly to a state store or package agency without being received and stored by the Department in the Department's warehouse, the manufacturer shall receive a credit equaling the case handling costs incurred by the Department for the product that is not warehoused by the Department.

(11) Pursuant to Section 32B-2-202, this rule authorizes the director to make internal Department policies in accordance with Section 32B-2-206 for Department duties, as described in Section 32B- 2-204, for listing and delisting products to include a program to place orders for products not kept for sale by the Department.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-104 Advertising

(1) Authority. This rule is made pursuant to Section 32B-1-206, which authorizes the advertising of alcoholic product in this state under guidelines established by the Commission except to the extent prohibited by Title 32B, Alcoholic Beverage Control Act.

(2) Definitions.

(a)(i) For purposes of this rule, "advertisement" or "advertising" includes any written or verbal statement, illustration, or depiction which is calculated to induce alcoholic beverage sales, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, or any written, printed, graphic, or other matter accompanying the container, representations made on cases, billboard, sign, or other public display, public transit card, other periodical literature, publication or in a radio or television broadcast, or in any other media.

(ii) "Advertisement" or "advertising" does not mean:

(A) labels on products; or

(B) any editorial or other reading material in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any alcoholic beverage industry member or retailer, and which is not written by or at the direction of the industry member or retailer.

(b) For purposes of this rule, "minor" means a person under the age of 21 years.

(3) Application.

(a) This rule governs the regulation of advertising of alcoholic beverages sold within the state, except where the regulation of interstate electronic media advertising is preempted by federal law. This rule incorporates by reference the Federal Alcohol Administration Act, 27 U.S.C. 205(f) (1999), and 27 C.F.R. Parts 4, 5, 6, and 7 (2024). These provisions shall regulate the labeling and advertising of alcoholic beverages sold within this state, except where federal statutes and regulations are found to be contrary to or inconsistent with the provisions of the statutes and rules of this state.

(b) 27 C.F.R. Sec. 7.4 provides that federal laws apply only to the extent that the laws of a state impose similar requirements with respect to advertisements of malt beverages manufactured and sold or otherwise disposed of in the state. This rule, therefore, incorporates by reference federal laws, previously referenced in Subsection (3)(a) relating to the advertising of malt beverage products.

(4) Current statutes and rules restricting the advertising, display, or display of price lists of liquor products by the Department, state stores, or Type 1, 2 or 3 package agencies, as described in R82-2-301, are applicable.

(5) Any advertising of liquor and beer by manufacturers, suppliers, importers, local industry representatives, wholesalers, permittees, and licensed retailers of such products, and Type 4 and 5 package agencies, as described in R82-2-301, shall comply with the advertising requirements listed in Subsection (6).

(6) Advertising Requirements. Any advertising or advertisement authorized by this rule:

(a) may not violate any federal laws referenced in Subsection (3);

(b) may not contain any statement, design, device, or representation that is false or misleading;

(d) may not refer to, portray or imply illegal conduct, illegal activity, abusive or violent relationships or situations, or anti-social behavior, except in the context of public service advertisements or announcements to educate and inform people of the dangers, hazards and risks associated with irresponsible drinking or drinking by persons under the age of 21 years;

(e) may not encourage over-consumption or intoxication, promote the intoxicating effects of alcohol consumption, or overtly promote increased consumption of alcoholic products;

(f) may not advertise any unlawful discounting practice such as "happy hour", "two drinks for the price of one", "free alcohol", or "all you can drink for $...".

(g) may not encourage or condone drunk driving;

(h) may not depict the act of drinking;

(i) may not promote or encourage the sale to or use of alcohol by minors;

(j) may not be directed or appeal primarily to minors by:

(i) using any symbol, language, music, gesture, cartoon character, or childhood figure such as Santa Claus that primarily appeals to minors;

(ii) employing any entertainment figure or group that appeals primarily to minors;

(iii) placing advertising in magazines, newspapers, television programs, radio programs, or other media where most of the audience is reasonably expected to be minors, or placing advertising on the comic pages of magazines, newspapers, or other publications;

(iv) placing advertising in any school, college or university magazine, newspaper, program, television program, radio program, or other media, or sponsoring any school, college or university activity;

(v) using models or actors in the advertising that are or reasonably appear to be minors;

(vi) advertising at an event where most of the audience is reasonably expected to be minors; or

(vii) using alcoholic beverage identification, including logos, trademarks, or names on clothing, toys, games or game equipment, or other materials intended for use primarily by minors;

(k) may not portray use of alcohol by a person while that person is engaged in, or is immediately about to engage in, any activity that requires a high degree of alertness or physical coordination;

(l) may not contain claims or representations that individuals can obtain social, professional, educational, athletic, or financial success or status as a result of alcoholic beverage consumption, or claim or represent that individuals can solve social, personal, or physical problems as a result of such consumption;

(m) may not offer alcoholic beverages without charge;

(n) may not require the purchase, sale, or consumption of an alcoholic beverage to participate in any promotion, program, or other activity; and

(o) may provide information regarding product availability and price, and factual information regarding product qualities, but may not imply by use of appealing characters or life-enhancing images that consumption of the product will benefit the consumer's health, physical prowess, sexual prowess, athletic ability, social welfare, or capacity to enjoy life's activities.

(7) Violations. A violation of this rule may result in:

(a) any administrative penalties authorized by Section 32B-3-205; or

(b) the imposition of the criminal penalty of a class B misdemeanor pursuant to Section 32B-4-304.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-105 Label Approvals

(1) Authority. This rule is made pursuant to Section 32B-1-607, which gives the Commission the authority to adopt rules necessary to implement Title 32B, Chapter 6, Malted Beverage Act.

(2) Purpose.

(a) Pursuant to Section 32B-1-604, a manufacturer may not distribute or sell in this state any malted beverage, including a beer, heavy beer, or flavored malt beverage, unless the label and packaging of the beverage is approved by the Department.

(b) The requirements and procedures for applying for label and packaging approval are set forth in Sections 32B-1-604 through 32B-1-606.

(i) provides supplemental procedures for applying for and processing label and package approvals;

(ii) defines the meaning of certain terms in the Malted Beverage Act; and

(iii) establishes the format of certain words and phrases required on the label and packaging of certain malted beverages as required by Section 32B-1-606.

(3) Application.

(a)(i) Except as provided in Subsection (3)(a)(iii) a complete set of original labels for each size of container must accompany each application for label and packaging approval, including all band, strip, front and back labels appearing on any individual container.

(ii) The Department may not accept an original container under Subsection (3)(a)(i).

(iii) If original labels cannot be obtained, the following may be accepted as part of the application:

(A) color reproductions that are exact size; or

(B) if printed in color, a copy of the federal certificate of label approval (COLA) from the Department of Treasury, Tax and Trade Bureau Form TTB F5100.31 with the exact size label.

(b) An application for approval is required for any material revision of a previously approved label or packaging, including a revision to a label or packaging that relates to subject matter other than the required notice that the product is an alcoholic beverage, such as temporary seasonal or promotional themes.

(c) The statement "alcoholic beverage" or "contains alcohol" and the statement of alcohol content as a percentage of alcohol by volume or weight included on a malted beverage under Section 32B-1-606 shall appear:

(i) in bold type;

(ii) in a solid contrasting background;

(iii) on the front of the container and packaging;

(iv) in a format that is readily legible; and

(v) separate and apart from any descriptive or explanatory information.

(d) The Department may consider the following elements of the label or packaging of a malted beverage when determining whether the label or packaging must be rejected under Subsection 32B-1-606(3)(b):

(i) color palette;

(ii) font size and type;

(iii) imagery;

(iv) placement of words, images, or descriptions;

(v) references to alcohol content that are not statutorily required; and

(vi) container type or shape.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-106 Alcohol Content

(1) This rule is made pursuant to Sections 32B-1-607, which authorizes the Commission to make rules implementing Part 6, and 32B-2-204, which authorizes the Department to make rules related to measuring the alcohol content of beer.

(2) Before November 1, 2019, a product complies with Title 32B and rules governing labeling if:

(a) the product is beer and if, after sampling, it is determined to contain no more than 3.35% alcohol by weight or 4.18% alcohol by volume; or

(b) the product is heavy beer and if, after sampling, it is determined to contain at least 3.82% alcohol by volume.

(3) On or after November 1, 2019, a product complies with Title 32B and rules governing labeling if:

(a) the product is beer and if, after sampling, it is determined to contain no more than 4.15% alcohol by weight or 5.18% alcohol by volume; or

(b) the product is heavy beer and if, after sampling, it is determined to contain at least 4.82% alcohol by volume.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-107 Department Training Programs

(1) Authority and general purpose. This rule is pursuant to Section 32B-1-704, which requires that the Department to make rules to develop and implement the retail manager, interdicted person verification, and violation training programs.

(2) Application of the rule.

(a) The requirements for the retail manager, interdicted person verification, and violation training programs described in Section 32B-1-704.

(b) The Department shall accurately identify each individual who takes and completes a training program by maintaining a database in which individuals are identified by the last four digits of their social security number or another four- digit number that the individual chooses and can remember.

(c) The Department will administer a test to ensure an individual taking a training program is focused and actively engaged in the training material throughout the training program.

(d) The Department shall issue a certification card to each individual who has completed a training program. Each licensee shall keep a copy of the card on the licensed premise for each individual required to complete the training program.

(e) A fee of $25 will be charged to each individual for participation in a training program to cover the Department's cost of providing the training program.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-208 Percentage Lease Agreements

(1) The authority for this rule is Section 32B-1-208.

(2) This rule establishes the following:

(a) the maximum percentage of revenue from alcohol sales a percentage lease agreement may require; and

(b) the procedure for submitting a percentage lease to the Department.

(3) As used in this section, "Percentage lease" means the same as in Section 32B-1-208.

(4)(a) The maximum percentage of revenue from alcohol sales allowed in a percentage lease is 19%, whether that percentage is:

(i) described through a rent-sharing or profit-sharing agreement;

(ii) calculated in part on the gross sales or profits of the licensee, including profits from the sale of alcoholic beverages; or

(iii) described in the percentage lease in some other manner.

(b) Parties to a percentage lease must submit a copy to the Department for review as part of the application for licensing.

(c) If during the review process, the Department cannot determine how alcohol sales in a percentage lease agreement are being shared, based on the language in the percentage lease agreement, the Department staff shall return the lease agreement and license application, and the Commission may decline to act on the application.

(d) An applicant may resubmit a lease once the language in the lease is sufficiently clear for the Department to determine that no more than 19% of profits from the sale of alcoholic beverages will be distributed to a lessor.

(e) The lessor cannot control or acquire an ownership interest in the business of the lessee.

(f) An industry representative is prohibited from profit-sharing and ownership of retail license operations.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-304 Background Checks for Resort Licensees

(1) The authority for this rule is Subsection 32B-1-304(7)(a).

(2) This rule describes what "engages in the management" of a resort means for purposes of determining which individuals must undergo a background check as part of the application process for a resort license.

(3) As used in this section, "engages in the management of a resort licensee" means manages or controls:

(a) the daily operations of the business entity of the resort licensee; or

(b) the finances of the resort licensee.

(4) An individual who engages in the management of a resort licensee shall undergo a background check as part of the application process for obtaining or renewing a resort license.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

Utah Admin. Code R82-1-304 1. Background Checks for Public Service Permittees

(1) The authority for this rule is Subsection 32B-1-304(7)(b).

(2) This rule describes what "engages in the management" of the airline, railroad, or other public conveyance means for the purposes of determining which individuals must undergo a background check as part of the application process for a public service permit.

(3) As used in this section, "engages in the management of the airline, railroad, or other public conveyance means manages or controls:

(a) the daily operations of the local branch of the entity that holds the public service permit; or

(b) the finances of the local branch of the entity that holds the public service permit.

(4) An individual who engages in the management of the airline, railroad, or other public conveyance shall undergo a background check as part of the application process for obtaining or renewing a public service permit.

History

KEY: alcoholic beverages
Date of Last Change: January 30, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-206; 32B-1-606; 32B-1-607

R82-2 Administration

Utah Admin. Code R82-2-101 Notice of Hearings

(1) This rule is adopted pursuant to Section 32B-2-202 regarding the administration of the Department and Commission. They shall be interpreted so as to be consistent with the Alcoholic Beverage Control Act.

(2) Notice of hearings, other than disciplinary hearings. Public notice shall be made no less than ten business days before to the day on which the hearing is scheduled to be held.

(3) The rule governing disciplinary hearings is R82-3-103.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-102 Emergency Meetings

(1) Purpose. There may be times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Section 52-4-202 cannot be met. Pursuant to Subsection 52-4-202(5), under such circumstances those notice requirements need not be followed but rather the "best notice practicable" shall be given.

(2) Authority. This rule is enacted under the authority of Sections 63G-3-201 and 32B-2-202.

(3) Procedure. In addition to the requirements of Subsection 52-4-202(5), in convening the meeting and voting in the affirmative to hold such an emergency meeting, the Commission shall affirmatively state and find what unforeseen circumstances have rendered it necessary for the Commission to hold an emergency meeting to consider matters of an emergency or urgent nature.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-103 Electronic Meetings

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting Commission meetings by electronic means.

(2) Authority. This rule is enacted under the authority of Sections 52-4-207, 63G-3-201 and 32B-2-202.

(3) Procedure. The following provisions govern any meeting at which one or more Commissioners appear telephonically or electronically pursuant to Section 52-4-207:

(a) If one or more members of the Commission may participate electronically or telephonically, public notices of the meeting shall so state. In addition, the notice shall specify the anchor location where the members of the Commission not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided to at least one newspaper of general circulation within the state or to a local media correspondent. These notices shall be provided at least 24 hours before the meetings.

(c) Notice of the possibility of an electronic meeting shall be given to the Commissioners at least 24 hours before the meeting. In addition, the notice shall describe how a Commissioner may participate in the meeting electronically or telephonically.

(d) When notice is given of the possibility of a commissioner appearing electronically or telephonically, any Commissioner may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the Commission. At the commencement of the meeting, or at such time as any Commissioner initially appears electronically or telephonically, the Chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the Commission who are not at the physical location of the meeting shall be confirmed by the Chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Alcoholic Beverage Services, 1625 S. 900 West, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-104 Americans with Disabilities Act Grievance Procedures

(1) Authority and Purpose.

(a) This rule is made under authority of Sections 32B-2-202 and 63G-3-201. As required by 28 CFR 35.107, the Department of Alcoholic Beverage Services, as a public entity that employs more than 50 persons, adopts and publishes the grievance procedures within this rule for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, as amended.

(b) The purpose of this rule is to implement the provisions of 28 CFR 35 which in turn implements Title II of the Americans with Disabilities Act, which provides that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by the Department because of a disability.

(2) Definitions.

(a) "ADA Coordinator" means the employee assigned by the executive director to investigate and facilitate the prompt and equitable resolution of complaints filed by qualified persons with disabilities. The ADA Coordinator may be a representative of the Department of Human Resource Management assigned to the Department.

(b) "Department" means the Department of Alcoholic Beverage Services.

(c) "Designee" means an individual appointed by the executive director or a director to investigate allegations of ADA noncompliance in the event the ADA Coordinator is unable or unwilling to conduct an investigation for any reason, including a conflict of interest. A designee does not have to be an employee of the Department; however, the designee must have a working knowledge of the responsibilities and obligations required of employers and employees by the ADA.

(d) "Director" means the head of the division of the Department affected by a complaint filed under this rule.

(e) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

(f) "Executive Director" means the executive director of the Department.

(g) "Major life activities" include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, and working. A major life activity also includes the operation of a major bodily function, such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(h) "Qualified Individual" means an individual who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department. A "qualified individual" is also an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that individual holds or desires.

(3) Filing of Complaints.

(a) Any qualified individual may file a complaint alleging noncompliance with Title II of the Americans with Disabilities Act, as amended, or the federal regulations promulgated thereunder.

(b) Qualified individuals shall file their complaints with the Department's ADA Coordinator, unless the complaint alleges that the ADA Coordinator was non-compliant, in which case qualified individuals shall file their complaints with the Department's designee.

(c) Qualified individuals shall file their complaints within 90 days after the date of the alleged noncompliance to facilitate the prompt and effective consideration of pertinent facts and appropriate remedies; however, the Executive Director has the discretion to direct that the grievance process be utilized to address legitimate complaints filed more than 90 days after alleged noncompliance.

(d) Each complaint shall:

(i) include the complainant's name and address;

(ii) include the nature and extent of the individual's disability;

(iii) describe the Department's alleged discriminatory action in sufficient detail to inform the Department of the nature and date of the alleged violation;

(iv) describe the action and accommodation desired; and

(v) be signed by the complainant or by their legal representative.

(e) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.

(f) If the complaint is not in writing, the ADA coordinator or designee shall transcribe or otherwise reduce the complaint to writing upon receipt of the complaint.

(g) By the filing of a complaint or a subsequent appeal, the complainant authorizes necessary parties to conduct a confidential review all relevant information, including records classified as private or controlled under the Government Records Access and Management Act, Subsection 63G-2-302(1)(b) and Section 63G-2-304,consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C), and relevant information otherwise protected by statute, rule, regulation, or other law.

(4) Investigation of Complaints.

(a) The ADA coordinator or designee shall investigate complaints to the extent necessary to assure all relevant facts are collected and documented. This may include gathering all information listed in Subsection (3)(d) and subpart (g) of this rule if it is not made available by the complainant.

(b) The ADA coordinator or designee may seek assistance from the Attorney General's staff, and the Department's human resource and budget staff in determining what action, if any, should be taken on the complaint. The ADA coordinator or designee may also consult with the director of the affected division in making a recommendation.

(c) The ADA coordinator or designee shall consult with representatives from other state agencies that may be affected by the decision, including the Office of Planning and Budget, the Department of Human Resource Management, the Division of Risk Management, the Division of Facilities Construction Management, and the Office of the Attorney General before making any recommendation that would:

(i) involve an expenditure of funds beyond what is reasonably able to be accommodated within the applicable line item so that it would require a separate appropriation;

(ii) require facility modifications; or

(iii) require reassignment to a different position.

(5) Recommendation and Decision.

(a) Within 15 working days after receiving the complaint, the ADA coordinator or designee shall recommend to the director what action, if any, should be taken on the complaint. The recommendation shall be in writing or in another accessible format suitable to the complainant.

(b) If the ADA coordinator or designee cannot make a recommendation within the 15 working day period, the complainant shall be notified in writing, or in another accessible format suitable to the complainant, stating why the recommendation is delayed and what additional time is needed.

(c) The director may confer with the ADA coordinator or designee and the complainant and may accept or modify the recommendation to resolve the complaint. The director shall render a decision within 15 working days after the director's receipt of the recommendation from the ADA coordinator or designee. The director shall take all reasonable steps to implement the decision. The director's decision shall be in writing, or in another accessible format suitable to the complainant, and shall be promptly delivered to the complainant.

(6) Appeals.

(a) The complainant may appeal the director's decision to the executive director within ten working days after the complainant's receipt of the director's decision.

(b) The appeal shall be in writing or in another accessible format reasonably suited to the complainant's ability.

(c) The executive director may name a designee to assist on the appeal. The ADA coordinator and the director's designee may not also be the executive director's designee for the appeal.

(d) In the appeal the complainant shall describe in sufficient detail why the decision does not effectively address the complainant's needs.

(e) The executive director or designee shall review the ADA coordinator's recommendation, the director's decision, and the points raised on appeal before reaching a decision. The executive director may direct additional investigation as necessary. The executive director shall consult with representatives from other state agencies that would be affected by the decision, including the Office of Planning and Budget, the Department of Human Resource Management, the Division of Risk Management, the Division of Facilities Construction Management, and the Office of the Attorney General before making any decision that would:

(i) involve an expenditure of funds beyond what is reasonably able to be accommodated within the applicable line item so that it would require a separate appropriation;

(ii) require facility modifications; or

(iii) require reassignment to a different position.

(f) The executive director shall issue a final decision within 15 working days after receiving the complainant's appeal. The decision shall be in writing, or in another accessible format suitable to the complainant, and shall be promptly delivered to the complainant.

(g) If the executive director or designee cannot reach a final decision within the 15 working day period, the complainant shall be notified in writing, or by another accessible format suitable to the complainant, why the final decision is being delayed and the additional time needed to reach a final decision.

(7) Record Classification.

(a) Records created in administering this rule are classified as "protected" under Subsections 63G-2-305(9), (22), (24), and (25).

(b) After issuing a decision under subpart (5) or a final decision upon appeal under subpart (6), portions of the record pertaining to the complainant's medical condition shall be classified as "private" under Subsection 63G-2-302(1)(b) or "controlled" under Section 63G-2-304, consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C), at the option of the ADA coordinator.

(c) The written decision of the division director or executive director shall be classified as "public," and all other records, except controlled records under subpart (7)(b), classified as "private."

(8) Relationship to Other Laws. This rule does not prohibit or limit the use of remedies available to individuals under:

(a) the state Anti-Discrimination Complaint Procedures, Sections 34A-5-107 and 67-19-32;

(b) the Federal ADA Complaint Procedures, 28 CFR 35.170 through 28 CFR 35.178; or

(c) any other Utah or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-105 Sales Restrictions on Products of Limited Availability and Rare, High Demand Products

(1) Authority and Purpose. This rule is pursuant to Sections 32B-1-103, which requires that alcoholic product control be operated as a public business using sound management principles, and 32B-2-202, which authorizes the Department to control liquor merchandise inventory. Some alcoholic beverage products are of very limited availability from their manufacturers and suppliers to retailers including the Department. When the Department perceives that customer demand for these limited products may exceed the Department's current and future stock levels, the Department, as a public agency, may place restrictions on their sales to ensure their fair distribution to all consumers. This also encourages manufacturers and suppliers to continue to provide their products to the Department. This rule establishes the procedure for allocating rare, high demand products and products of limited availability.

(2) Application of Rule.

(a) The purchasing and wine divisions of the Department shall identify those products that are of limited availability and designate them as "Limited /Allocated Status" (L Status) items. The products shall be given a special "L Status" product code designation.

(b) "L Status" products on the Department's price list, in stock, or on order, that do not have to be sold on demand. Their sales to the general public and to licensees and permittees may be restricted. The Department's division of consumer purchasing and merchandising may issue system-wide restrictions directing the allocation of such products which may include placing limits on the number of bottles sold per customer.

(3) The Department may make policies governing procedures for the fair distribution of rare, high demand products, including policies for a drawing, when the director determines a special procedure is appropriate.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-106 Criminal History Background Checks

(1) Authority. This rule is made pursuant to:

(a) the Commission's powers and duties under Section 32B-2-202 to set policy by written rules that establish criteria and procedures for granting, denying, suspending, or revoking a license, permit, or package agency;

(b) Sections 32B-1-301 through 32B-1-307 that prohibit certain persons who have been convicted of certain criminal offenses, including a crime involving moral turpitude, from being employed by the Department or from holding or being employed by the holder of an alcoholic beverage license, permit, or package agency;

(c) Sections 32B-1-301 through 32B-1-307 that allow for the Department to require criminal history background check reports on certain individuals; and

(d) Section 32B-1-102, which authorizes the Commission to define "crime involving moral turpitude."

(2)(a) As used in this rule, "crime involving moral turpitude" means a crime that:

(i) involves actions done knowingly contrary to justice, honesty, or good morals;

(ii) is immoral in itself regardless of whether the crime is punishable by law; and involves an element of falsification or fraud or of harm or injury directed to another person or another person's property.

(b) "Crime of moral turpitude" includes a crime involving controlled substances, illegal drugs, or narcotics.

(3) Purpose. This rule:

(a) establishes the circumstances under which a person identified in the statutory sections enumerated in Subsection (1)(b), must submit to a background check to show the person meets the qualifications of those statutory sections as a condition of employment with the Department, or as a condition of the Commission granting a license, permit, or package agency to an applicant for a license, permit, or package agency; and

(b) establishes the procedures for the filing and processing of criminal history background checks.

(4) Application.

(a)(i) Except to the extent provided in Subsections (3)(a)(ii) through (iv), a person identified in Subsection (1)(b) shall consent to a criminal background check by Utah Bureau of Criminal Identification, Department of Public Safety (B.C.I.) and the Federal Bureau of Investigation (F.B.I).

(ii) A person identified in Subsection (1)(b) who submitted a criminal background check on or after July 1, 2015, is not required to submit to a background check if the Department can confirm that the individual has maintained a regulatory or employment relationship as outlined in the Department's privacy risk mitigation strategy required by Subsection 32B-1- 307(4)(b).

(iii) An applicant for an event permit under Title 32B, Chapter 9, Event Permit Act, is not required to submit to a background check if the applicant attests that the persons identified in Subsection (1)(b) have not been convicted of any disqualifying criminal offense.

(iv) An applicant for employment with benefits with the Department shall submit to a background check if the Department has made the decision to offer the applicant employment with the Department.

(b) An application that requires a background check may be included on a Commission meeting agenda, and may be considered by the Commission for issuance of a license, permit, or package agency if:

(i) the applicant has completed the requirements to apply for the license, permit, or package agency other than the Department receiving the required criminal history background report;

(ii) the applicant attests in writing that the applicant is not aware of any criminal conviction of any person identified in Subsection (1)(b) that would disqualify the applicant from applying for and holding the license, permit, or package agency;

(iii) the applicant has submitted to a background check in a form acceptable to the Department; and

(iv) the applicant stipulates in writing that if a criminal history background report shows a criminal conviction that would disqualify the applicant from holding the license, permit, or package agency, the applicant shall immediately surrender the license, permit, or package agency to the Department.

(c) The Commission may issue a license, permit, or package agency to an applicant that has met the requirements of Subsection (4)(b), and the license, permit, or package agency shall be valid during the period the B.C.I. and F.B.I. is processing the criminal history report.

(d) Upon the Department's receipt of the criminal history background report:

(i) if there is no disqualifying criminal history, the license, permit, or package agency shall continue for the balance the license or permit period, or the package agency contract period; or

(ii) if there is a disqualifying criminal history, Department staff shall:

(A) inform the licensee, permittee, or package agency and ask them to either surrender the license or remove the individual with the disqualifying criminal history from their position; and

(B) if the licensee, permittee, or package agency does not comply with Subsection (4)(d)(ii)(A), issue an order to show cause and the Commission may enter an order accepting a surrender or an order revoking the license, permit, or package agency, depending on the circumstances.

(e) In the case of a license or permit, if the statutory deadline for renewing the license or permit occurs before receipt of criminal history background report, the licensee or permittee may file for renewal of the license or permit subject to meeting the requirements in this Subsection (4).

(f) An applicant for employment with benefits with the Department that requires a background check may be conditionally hired by the Department before receipt of the report if:

(i) the applicant attests in writing that the applicant is not aware of any criminal conviction that would disqualify the applicant from employment with the Department;

(ii) the applicant has submitted to a background check in a form acceptable to the Department; and

(iii) the applicant stipulates in writing that if a criminal history background report shows a criminal conviction that would disqualify the applicant from employment with the Department, the applicant shall terminate the applicant's employment with the Department.

(5) Failure to comply with this rule or statutory requirements governing background check information is a basis for the Department to issue an Order to Show Cause.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-107 Duties of Commission Subcommittees

(1) Authority. This rule is made pursuant to Section 32B-2-201.5 and shall govern the duties of the two Commission subcommittees, the Compliance Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee.

(2)(a) The Compliance Licensing and Enforcement Subcommittee will review and discuss items related to compliance, licensing and enforcement and make recommendations to the full Commission on those items.

(b) The Operations and Procurement Subcommittee will review and discuss items related to operations and procurement and make recommendations to the full Commission on those items.

(3) Subsection (2) does not prohibit:

(a) the Compliance Licensing and Enforcement Subcommittee from reviewing, discussing, or making recommendations to the full Commission on items related to operations or procurement; or

(b) the Operations and Procurement Subcommittee from reviewing, discussing, or making recommendations on items related to compliance, licensing, or enforcement.

(4) If a quorum of the full Commission is present, the subcommittee may act on all agenda action items.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-201 Liquor Returns, Refunds and Exchanges

(1) Purpose. This rule establishes guidelines for accepting liquor returns, refunds and exchanges by a state store or a package agency.

(a) The authority for this rule is Section 32B-2-202, which authorizes the Department to control liquor merchandise inventory in the state.

(2) Application of Rule.

(a) Unsaleable Product. Unsaleable product includes product that is spoiled, leaking, contains foreign matter, or is otherwise defective. The Department will accept for refund or exchange liquor merchandise that is unsaleable subject to the following conditions and restrictions:

(i) Returns of unsaleable merchandise are subject to approval by the store manager or package agent to verify that the product is indeed defective.

(ii) The product must be returned within a reasonable time of the date of purchase. Discontinued products may not be returned. Vintages of wine that are not currently being retailed by the Department may not be returned.

(iii) No refunds shall be given for wines returned due to spoilage such as corkiness, oxidation, and secondary fermentation, or due to the customer's unfamiliarity with the characteristics of the product. Such wines may only be exchanged for another bottle of the same product. Wine will not be accepted for refund or exchange if the return is a result of improper extraction of the cork.

(b) Saleable Product. Store managers and package agents are authorized to accept saleable returned merchandise from licensees, single event permit holders, convention groups, and individual customers, subject to the following conditions and restrictions:

(i) Returns of saleable merchandise are subject to approval by the store manager or package agent. The customer may receive a refund or exchange of product for the return. Large returns will be accepted from licensees, single event permittees, convention groups and other organizations only if prior arrangements have been made with the store manager.

(ii) Returns should be made within a reasonable amount of time from the date of purchase, and all returned merchandise must be in good condition. Returns of $50 or more will not be accepted without a receipt. Therefore, it is necessary for cashiers to print a receipt for all purchases of $50 or more. Signs should be posted at each cash register informing customers of this requirement. Merchandise shall be refunded at the price paid by the customer, or the current price, whichever is lower.

(iii) Wine and beer, due to their perishable nature and susceptibility to temperature changes, should be accepted back with caution. These products can only be returned if the store manager has personal knowledge of how they have been handled and stored.

(iv) If the total amount of the return is more than $500, the store manager or package agent shall fill out a Returned Merchandise Acknowledgment Receipt (LQ-45), and submit a copy to the office. A refund check will be processed at the office and mailed to the customer. Customers need to be informed that it generally takes three to six weeks to process payment.

(v) If the total value of the returned merchandise is more than $1,000, a 10% restocking fee shall be charged on the total amount.

(i) All limited item wines - wines that are available in very limited quantities.

(ii) Any products that have been chilled, over-heated, or label damaged.

(iii) Outdated, including not listed on the Department's product or price list, and discontinued products.

(iv) Merchandise purchased by catering services.

(d) A cash register return receipt shall be completed for each product return. The following information must be on the receipt: the customer's name, address, telephone number, driver's license number, and signature. The cashier must attach the receipt to the cash register closing report.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-202 1. Late License Renewals

(1) Authority. This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to make rules permitting and establishing the parameters of late license renewals.

(2) Definitions. For purposes of this rule, "late renewal" means the Department's receipt, after the date of the statutory renewal deadline related to the license at issue, of the requisite documents and payment to renew a license.

(3) Application.

(a) The Department may not accept a late renewal for a license after the 10th day of the month that follows the statutory renewal deadline for that license type. If the 10th of the month falls on a Saturday, Sunday, or state or federal holiday, the Department shall consider a completed renewal application that is received on the next business day following the Saturday, Sunday, or holiday.

(b) A licensee who fails to meet the deadline established in this rule must apply for a new license.

(i) each document required for renewal for the specific license type;

(ii) the statutory renewal fee for that license; and

(iii) a late fee either prescribed in Section 32B-2-202 or adopted in accordance with Section 63J-1-504.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-202 Payment for Liquor

Accepting Licensee Payments: Pursuant to Subsection 32B-5-303(1)(c), this rule requires that payments collected by the Department from licensees for the purchase of liquor come from the licensee and authorizes the Department to make internal Department policies in accordance with Subsections 32B-2-206(1), (2) and (5) for the acceptance of payments for liquor.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-203 State Store Hours

(1) Authority and purpose: As authorized by Subsection 32B-2-503(5)(b), this rule establishes the days and hours for state stores operations.

(2) Authorized days of operation: State stores may not operate on any day prohibited by Subsection 32B-2-503(5)(a).

(3) Authorized hours of operation: Pursuant to Subsections 32B-2-202(1)(b) and (k) and in accordance with Subsections 32B-2-206(1) and (2), this rule authorizes the director to set hours of operations for each state store and establish internal Department policies for sales during operational hours based on the following factors:

(a) the locality of the store;

(b) tourist traffic;

(d) population to be served;

(e) customer demand in the area;

(f) whether the store is designed for licensee sales; and

(g) budgetary constraints.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-204 Industry Members in State Stores

An industry member, as defined in Section 32B-4-702, shall be limited to the customer areas of a state store except as follows:

(1) An industry member may be allowed in the storage area of a state store with the approval of the store manager for the limited purpose of stocking the industry member's own products; and

(2) An industry member may be allowed in the office or other suitable area of a state store with the approval of the store manager to discuss the industry member's products.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-205 Store Site Selection

(1) This rule is made pursuant to Section 32B-2-202, which requires that criteria and procedures be established for determining the location of a state store.

(2) Before the Commission establishes a new state store, the Operations and Procurement Subcommittee will:

(a) determine the feasibility of a new site;

(b) weigh options;

(d) make its recommendation to the Commission.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-301 Types of Package Agencies

(1) This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to make rules governing package agencies.

(2) Package agencies are retail liquor outlets operated by private persons under contract with the Department for the purpose of selling packaged liquor from facilities other than state liquor stores for off-premise consumption. Package agencies are classified into five types:

(a) Type 1 - A package agency under contract with the Department which is operated in conjunction with a resort environment (for example: hotel, ski lodge, summer recreation area).

(b) Type 2 - A package agency under contract with the Department which is in conjunction with another business where the primary source of income to the operator is not from the sale of liquor.

(c) Type 3 - A package agency under contract with the Department, which is not in conjunction with another business, but is in existence for the main purpose of selling liquor.

(d) Type 4 - A package agency under contract with the Department which is located within a facility approved by the Commission to sell and deliver liquor to tenants or occupants of specific rooms which have been leased, rented, or licensed within the same facility. A type 4 package agency shall not be open to the general public. A type 4 package agency may also sell liquor other than in a sealed container, i.e. by the drink, as part of room service.

(e) Type 5 - A package agency under contract with the Department which is at a manufacturing facility that has been granted a manufacturing license by the Commission.

(3) The Commission may grant type 4 package agency privileges to a type 1 package agency.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-302 Advertising, Promotion, and Listing of Products

(1) Authority. This rule is made pursuant to Section 32B-1-206, which authorizes the Commission to make rules regarding how the Department or a package agency may advertise an alcoholic product.

(2) A package agency may not advertise alcoholic beverages except:

(a) a Type 1 package agency, as described in Section R82-2-301, may provide informational signs on the premises of the hotel or resort directing persons to the location of the hotel's or resort's Type 1 package agency;

(b) a Type 2 package agency, as described in Section R82-2-301, may provide informational signs on the premises of its business directing persons to the location of the Type 2 package agency within the business; and

(c) a Type 5 package agency, as described in Section R82-2-301, may advertise the location of the winery, distillery, or brewery and the Type 5 package agency, and may advertise the alcoholic beverage products produced by the winery, distillery, or brewery and sold at the Type 5 package agency under the guidelines of Section R82-1-104 for advertising alcoholic beverages.

(3) A package agency may not display price lists in windows or showcases visible to passersby except:

(a) a Type 1 package agency, as described in Section R82-2-301, may provide a price list in each guest room of the hotel or resort containing the code, number, brand, size and price of each item it carries for sale at the Type 1 package agency;

(b) a Type 4 package agency, as described in Section R82-2-301, may provide a price list of the code number, brand, size, and price of each item it carries for sale to the tenants or occupants of the specific leased, rented, or licensed rooms within the facility; and

(c) a Type 5 package agency, as described in Section R82-2-301, may provide a price list of the code, number, brand, size, and price of each liquor item it carries for sale at the Type 5 package agency as follows:

(i) on the premises of the winery, distillery, brewery, or authorized tasting room;

(ii) at the entrance of the Type 5 package agency;

(iii) over the phone; or

(iv) on the internet.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-303 Non-Consignment Inventory

(1) This rule is adopted pursuant to Section 32B-2-202, which authorizes the Commission to make rules governing package agencies.

(2) Type 1, 4 and 5 package agencies shall be on a non-consignment inventory status where the package agency owns the inventory.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-304 Application for a Package Agency

(1) This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to make rules governing package agencies and the process to issue a new package agency.

(2) No application for a package agency will be included on the agenda of a monthly Commission meeting for consideration for issuance of a package agency contract until:

(a) the applicant has first met all requirements of Sections 32B-1-304 through 32B-1-307 and the requirements of Sections 32B-2-602 and 32B-2-604 have been met; and

(b) the Department has inspected the package agency premise.

(3)(a) All application requirements of subpart (1)(a) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda.

(b) An incomplete application will be returned to the applicant.

(c) A completed application filed after the 10th day of the month will not be considered by the Commission that month, but will be included on the agenda of the Commission meeting the following month.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-305 Evaluation Guidelines of Package Agencies

(1) Authority. This rule is made pursuant to Section 32B-2-202, which authorizes the commission to make rules governing package agencies and the process to issue a new package agency.

(2)(a) The commission, after considering information from the applicant for the package agency and the department, shall determine whether the package agency is classified and operated as a type 1, 2, 3, 4, or 5 package agency, as described in Section R82-2-301.

(b)(i) After a package agency is classified and issued, a package agent or the department may request that the commission approve a change in the classification of the package agency.

(ii) If, based on information provided by the package agent or the department, the commission determines that the package agency should be reclassified, the commission shall approve the request.

(c) The commission may not establish a type 2 or 3 package agency within a one-mile radius of another type 2 or 3 package agency unless the package agent clearly demonstrates that it is in the best interest of the state to establish and maintain the package agency at that location.

(d) The department shall report any significant issues with respect to the operations of a particular package agency to the commission.

(e) The department may recommend to the commission closure of a package agency based on:

(i) the package agent's payment delinquency over 30 calendar days;

(ii) significant inventory shortages; or

(iii) any other significant operational deficiency of the package agent.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-306 Operational Matters

(1) This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to make rules governing package agencies.

(2) Hours of Operation.

(a) Type 1 and 2 package agencies may operate from 10 a.m. until midnight, Monday through Saturday. However, the actual operating hours may be less in the discretion of the package agent with the approval of the Department. Type 2 agencies shall be open for business at least seven hours a day, five days a week, except where closure is otherwise required by law.

(b) Type 3 package agencies may operate from 10 a.m. until 10 p.m., Monday through Saturday, but may remain closed on Mondays at the discretion of the package agent. However, the actual operating hours may be less in the discretion of the package agent with the approval of the Department, provided the package agency operates at least seven hours a day.

(c) Type 4 package agencies may operate from 10 a.m. until 1 a.m., Monday through Friday, and 10 a.m. until midnight on Saturday. However, the actual operating hours may be less at the discretion of the package agent with the approval of the Department. A Type 4 package agency in a resort that is licensed under Title 32B, Chapter 8, Resort License Act may operate 24 hours a day, Monday through Sunday to provide room service to the room of a guest of the resort.

(d) Type 5 package agencies may operate from 10 a.m. until midnight, Monday through Sunday. However, the actual operating hours may be less in the discretion of the package agent with the approval of the Department. Type 5 package agencies may, at the discretion of the package agent, be open as early as 8 a.m. for sales to licensees with the approval of the Department. Type 5 package agencies may also be open on Sundays and state and federal holidays if the package agency is located at a manufacturing facility licensed by the Commission and only sells alcoholic products produced at the manufacturing facility.

(e) Any change in the hours of operation of any package agency requires prior Department approval and shall be submitted in writing by the package agent to the Department.

(f)(i) A package agency shall not operate on a Sunday or legal holiday except to the extent authorized by Section 32B- 2-605, which allows the following to operate on a Sunday or legal holiday:

(A) a package agency located in certain licensed wineries, breweries, and distilleries; and

(B) a package agency held by a resort that is licensed under Title 32B, Chapter 8, Resort License Act that does not sell liquor in a manner similar to a state store which is limited to a Type 4 package agency.

(ii) If a legal holiday falls on a Sunday, the following Monday will be observed as the holiday by a Type 2 and 3 package agency.

(3) Size of Outlet. The retail selling space devoted to liquor sales in a Type 2 or 3 package agency must be at least one hundred square feet.

(4) Inventory Size. Type 2 and 3 package agencies must maintain at least 50 code numbers of inventory at a retail value of at least $5,000 and must maintain a representative inventory by brand, code, and size.

(5) Access to General Public. Type 1, 2, and 3 package agencies must be easily accessible to the general consuming public.

(6) Purchase of Inventory. Any new package agencies, at the discretion of the Department, will purchase and maintain their inventory of liquor.

(7) Record keeping. Records required by the Department shall be kept current and available to the Department for auditing purposes for at least three years.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-307 Type 5 Package Agencies

(1) Authority. This rule is made pursuant to:

(a) Section 32B-2-202, which authorizes the Commission to make rules governing package agencies; and

(b) Sections 32B-2-504, 32B-2-605, and 32B-5-303.

(2) Purpose. A Type 5 package agency is for the limited purpose of allowing a winery, distillery, or brewery to sell at its manufacturing location the packaged liquor product it produces to the general public for off-premise consumption. This rule establishes guidelines and procedures for Type 5 package agencies.

(3) Application.

(a) The package agency must be located at a manufacturing facility that has been granted a manufacturing license by the Commission. For purpose of this rule, a manufacturing facility includes the parcel of land and, where applicable, any building leased or owned by the manufacturing licensee immediately surrounding the manufacturing premise.

(b) The package agency may only sell products produced by the manufacturing licensee and may not carry the products of other alcoholic beverage manufacturers. For this rule, products produced by the manufacturing licensee include products that would be assessed tax for sale as determined by 27 C.F.R. Parts 19, 24 and 25.

(c)(i) The product produced by the manufacturing licensee and sold in the Type 5 package agency need not be shipped from the winery, distillery, or brewery to the Department and then back to the package agency.

(ii) The bottles for sale at a Type 5 package agency may be moved directly from the manufacturer's storage area to the package agency, provided that proper record keeping is maintained in a form and manner as required by the Department.

(d) Records required by the Department shall be kept current and available to the Department for auditing purposes for at least three years.

(e) The package agency shall submit to the Department a completed monthly sales report which specifies the variety and number of bottles sold from the package agency in a form and manner as required in the package agency contract.

(f) Direct deliveries to licensees are prohibited. Products must be purchased and picked up by the licensees or their staff at the Type 5 package agency. Sales to the manufacturer's retail licenses may be transported from the manufacturer's storage area directly to the retail licensed premise provided that a record is maintained showing a sale from the Type 5 package agency to the retail licensee at the retail price.

(g) The Type 5 package agency shall sell products at a price fixed by the Commission and follow the same laws, rules, policies, and procedures applicable to other package agencies as to the retail price of products.

(h) The days and hours of sale of the Type 5 package agency shall be in accordance with Sections 32B-2-605 and R82- 2-306.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-308 Type 2 and 3 Package Agencies

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-2-605, which authorize the commission to make rules governing package agencies.

(2)(a)(i) In accordance with Section 32B-6-605, the department, within its discretion, may provide liquor to a type 2 or 3 package agency for sale on consignment.

(ii) The department shall establish the amount of consignment liquor inventory to be furnished to a type 2 or 3 package agency.

(b)(i) The department may adjust a type 2 or 3 package agency's consignment liquor inventory amount based on the package agency's monthly average sales.

(ii) The department shall make any adjustment to a type 2 or 3 package agency's consignment liquor inventory amount through a transfer or shipment of liquor or payment of money.

(iii) If the department reduces a type 2 or 3 package agency's consignment liquor inventory amount, the type 2 or 3 package agency shall pay for the difference between the consignment liquor inventory amount and the reduced consignment liquor inventory amount through liquor returned to the department.

(3)(a) A type 2 or 3 package agency that receives shipments or transfers of liquor shall have an Automated Clearing House (ACH) payment system set up with the department.

(b) The department shall send a type 2 or 3 package agency a weekly statement that shows:

(i) the package agency's unpaid debts and applied credits; and

(ii) the payment due date for liquor received by the package agency.

(c) The package agent is responsible for reviewing the weekly statement and contacting the department with any discrepancies before the payment due date.

(d) Except as provided in Subsection (4), payment for liquor is due to the department within 30 days after the day on which the type 2 or 3 package agency sells the liquor.

(e)(i) The department shall consider insufficient funds, returned checks, and unpaid balances from a previous statement past due.

(ii) If a statement is past due, the department may:

(A) assess the legal rate of interest on the amount owed by the type 2 or 3 package agency; or

(B) refer the package agency to the commission for possible termination of the package agency contract.

(iii)(A) The department and a type 2 or 3 package agency shall resolve any liquor delivery discrepancies using a form provided by the department.

(B) A type 2 or 3 package agency shall pay the package agency's statement by the due date regardless of whether any discrepancies have been resolved.

(4)(a) A type 2 or 3 package agent may request in writing that the department extend the due date for payment under Subsection (3) for up to 30 days if:

(i) the package agency's liquor sales have decreased at least 10% when compared to the package agency's liquor sales from the same month in the immediately preceding calendar year for a period of at least two consecutive months;

(ii)(A) the package agency is experiencing a temporary and substantial increase in essential operational expenses because of an unforeseen and uncontrollable event; and

(B) the package agent has attempted to mitigate expenses through reasonable efforts; or

(iii) the package agent requests and receives approval for a closure under Section 32B-2-605.

(b) The department may request the type 2 or 3 package agent provide documentation demonstrating the circumstances described in Subsection (4)(a) are met.

(c)(i) The department may approve a request under Subsection (4)(a) only if the type 2 or 3 package agent is otherwise compliant with the package agent's contract and other requirements by law.

(ii) The department may approve a request under Subsection (4)(a) for a period:

(A) of up to 90 consecutive days in one fiscal year; and

(B) between the months of July and February of a fiscal year.

(iii) If the department approves a request under Subsection (4)(a), the department may:

(A) cap the number of orders a package agency may make during the period during which the request is approved; or

(B) prohibit the package agency from returning delisted or seasonal liquor products during the period during which the request is approved.

(d) Audits.

(i) The department shall audit a type 2 or 3 package agency at least once each fiscal year and may conduct additional audits if necessary.

(ii) A type 2 or 3 package agency is subject to a department audit at any time.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-309 Type 4 Package Agency Room Service -- 187 ml Wine Sales

(1) Authority. This rule is made pursuant to the Commission's powers and duties under Section 32B-2-202 to adopt and issue policies, rules, and procedures.

(2) Purpose.

(a) Pursuant to Section 32B-2-303, the Department may not purchase or stock spirituous liquor in containers smaller than 200 milliliters, except as described in Section 32B-2-303.

(b) Subject to subpart (2)(a) and the conditions described in subpart (3), the Commission allows the limited use of 187 milliliter bottles of wine as one form of room service sales by Type 4 package agencies located in hotels and resorts.

(c) The conditions outlined in this section are imposed to ensure that the smaller bottle sales are limited to patrons of sleeping rooms and are not offered to the general public.

(2) Application.

(a) The Department will not maintain a regular inventory of wine in the smaller bottle sizes, but will accept special orders for these products from a Type 4 package agency. Special orders may be placed with the Department's purchasing division, any state store, or any Type 2 or 3 package agency.

(b) The Type 4 package agency must order in full case lots and all sales are final.

(c) If the hotel or resort has a Type 1 package agency with Type 4 privileges, the smaller bottle sized products must be stored in a secure area separate from the Type 1 package agency inventory.

(d) Sale and use of wine in the smaller bottle sizes is restricted to providing one form of room service to guests in sleeping rooms in the hotel or resort, and may not be used for other purposes, or be sold to the general public.

(e) Failure of the Type 4 package agency to strictly adhere to the provisions of this rule is grounds for the Department to terminate its contract with the Type 4 package agency.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

Utah Admin. Code R82-2-310 Type 4 Package Agency Room Service - Dispensing

(1) This rule is made pursuant to Section 32B-2-202, which authorizes the Commission to make rules governing package agencies.

(2) A Type 4 package agency that sells liquor other than in a sealed container, i.e. by the drink, as part of room service, shall dispense liquor in accordance with Section 32B-5-304 and R82-5-104, Liquor Dispensing Systems.

(3) A Type 4 package agency located in a hotel or resort facility that has a retail license or sublicense may provide room service of liquor in other than a sealed container through the dispensing outlet of the retail license or sublicense under the following conditions:

(a) point of sale control systems must be implemented that will record the amounts of alcoholic beverage products sold by the retail license or sublicense on behalf of the Type 4 package agency;

(b) the alcoholic beverage product cost must be allocated to the Type 4 package agency on at least a quarterly basis pursuant to the record keeping requirements of Section 32B-5-302;

(c) dispensing of alcoholic beverages from a retail license or sublicense location may not be made at prohibited hours pertinent to that license or sublicense type; and

(d) a Type 4 package agency held by a resort or hotel licensee that operates seven days a week, 24 hours per day, must have a separate dispensing outlet for use during the times that a sublicense is not allowed to sell liquor.

History

KEY: alcoholic beverages
Date of Last Change: September 3, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-1-301 through 32B-1-307; 32B-2-504; 32B-2-605; 32B-5-303

R82-3 Disciplinary Actions and Enforcement

Utah Admin. Code R82-3-101 Definitions

As used in this part:

(1) "Decision Officer" means a person who has been appointed by the Commission or the director of the Department of Alcoholic Beverage Services to preside over the prehearing phase of all disciplinary actions, and, in all cases not requiring an evidentiary hearing.

(2) "Disciplinary Action" means the process by which violations of the Act and this rule is charged and adjudicated, and by which administrative penalties are imposed.

(3) "Hearing Officer" means a person who has been appointed by the Commission or the director to preside over evidentiary hearings in disciplinary actions, and who is authorized to issue written findings of fact, conclusions of law, and recommendations to the Commission for final action.

(4) "Letter of Admonishment" is a written warning issued by a decision officer to a respondent who is alleged to have violated the Act or this rule.

(5) "Respondent" means a Department licensee, or permittee, or employee or agent of a licensee or permittee, or other entity against whom a letter of admonishment or notice of agency action is directed.

(6) "Violation Report" means a written report from any law enforcement agency or authorized Department staff member alleging a violation of the Alcoholic Beverage Control Act or rules of the Commission by a Department licensee, or permittee, or employee or agent of a licensee or permittee or other entity.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-102 Violation Schedule

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-3-101 through 32B-3-207, which authorize the Commission to establish criteria and procedures for imposing sanctions against a licensee, permittee, or an officer, employee, or agent of a licensee or permittee who violates statutes and Commission rules relating to alcoholic beverages.

(2) Purpose.

(a) This rule establishes a schedule setting forth a range of penalties that may be imposed by the Commission for violations of Utah alcoholic beverage control laws.

(b) A Department decision officer shall use this rule in processing a violation.

(i) charging a violation;

(ii) assisting parties in settlement negotiations; and

(iii) recommending a penalty for a violation.

(d) The Commission shall use the schedule in this rule in rendering the Commission's final decisions as to the appropriate penalty for a violation.

(e) This rule does not apply to a licensee or permittee that fails to maintain the fundamental, minimum qualifications provided by law for holding a license or permit as described in Section R82-3-104.

(3) Definitions. As used in this rule:

(a) "Licensee" includes a holder of a certificate of approval.

(b) "Permit" does not include a single event permit issued under Title 32B, Chapter 9, Event Permit Act.

(4) Application.

(a) The Commission may:

(i) revoke or suspend a license or permit;

(ii) impose a fine against a licensee or permittee in addition to or in lieu of a suspension; and

(iii) impose a fine against an officer, employee, or agent of a licensee or permittee.

(b)(i) If a licensee or permittee has not received a letter of admonishment or been found by the Commission to be in violation of the Act or Commission rules for a period of 36 consecutive months, the licensee's or permittee's violation record shall be expunged for purposes of determining future penalties sought.

(ii) The expungement period shall run from the date the last offense was finally adjudicated by the Commission.

(i) upon revocation of a license or permit, take action to forfeit the bond of a licensee or permittee;

(ii) prohibit an officer, employee, or agent of a licensee or permittee from serving, selling, distributing, manufacturing, wholesaling, warehousing, or handling alcoholic beverages in the course of employment with any Commission licensee or permittee for a period determined by the Commission;

(iii) order the removal of a manufacturer's, supplier's or importer's products from the Department's sales list and a suspension of the Department's purchase of those products for a period determined by the Commission if the manufacturer, supplier, or importer directly committed the violation, or solicited, requested, commanded, encouraged, or intentionally aided another to engage in the violation; and

(iv) require a licensee to have a written responsible Alcohol Service Plan as provided in Section R82-3-107.

(d)(i) When the Commission imposes a fine or administrative costs, the Commission shall establish a date on which the payment is due.

(ii) Failure of a licensee, permittee, or an officer, employee, or agent of a licensee or permittee to pay on or before the date established by the Commission results in the immediate suspension of the license or permit or the suspension of the employment of the officer, employee, or agent to serve, sell, distribute, manufacture, wholesale, warehouse or handle alcoholic beverages with any licensee or permittee until payment is made.

(iii) Failure of a licensee or permittee to pay a fine or administrative costs within 30-days after the date established by the Commission results in the issuance of an order to show cause to be heard at the Commission's next regularly scheduled meeting as to why the license or permit should not be revoked and the licensee's or permittee's compliance bond forfeited.

(5) Penalty Schedule. The Department and Commission shall follow these penalty range guidelines:

(a) Minor Violations. Violations of this category are lesser in nature and relate to basic compliance with the laws and rules. If not corrected, they are sufficient cause for action. Penalty range: Verbal warning from law enforcement or Department compliance officer to revocation of the license or permit or up to a $25,000 fine or both. A record of any letter of admonishment shall be included in the licensee's or permittee's and the officer's, employee's, or agent's violation file at the Department to establish a violation history.

(i) First occurrence involving a minor violation: The penalty shall range from a verbal warning from law enforcement or Department compliance officer, which is documented to a letter of admonishment to the licensee or permittee and the officer, employee, or agent involved. Law enforcement or Department compliance officer shall notify management of the licensee or permittee when verbal warnings are given.

(ii) Second occurrence of the same type of minor violation: A written investigation report from a law enforcement or Department compliance officer shall be forwarded to the Department. The penalty shall range from a $100 to $500 fine for the licensee or permittee, and a letter of admonishment to a $25 fine for the officer, employee, or agent.

(iii) Third occurrence of the same type of minor violation: A one to five-day suspension of the license or permit and employment of the officer, employee, or agent; or a $200 to $500 fine for the licensee or permittee and up to a $50 fine for the officer, employee, or agent; or both.

(iv) More than three occurrences of the same type of minor violation: A six-day suspension to revocation of the license or permit and a six to ten-day suspension of the employment of the officer, employee, or agent, or a $500 to $25,000 fine for the licensee or permittee and up to a $75 fine for the officer, employee, or agent, or both a suspension to revocation and fine.

(v) If more than one violation is charged during the same investigation, the penalty shall be the sum of the days of suspension or the monetary penalties for each of the charges in their respective categories, or both.

(vi) If other minor violations are discovered during the same investigation, a verbal warning shall be given for each violation on a first occurrence.

(vii) If the same type of violation is reported more than once during the same investigation, the Department may:

(A) charge each violation separately under a single agency action; or

(B) charge each violation as a single occurrence.

(b) Moderate Violations. Violations of this category demonstrate a general disregard for the laws or rules. Penalty range: Written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department on the first occurrence. The penalty shall range from a letter of admonishment to revocation of the license or permit or up to a $25,000 fine and a combination of penalties.

(i) First occurrence involving a moderate violation: A written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department. The penalty shall range from a letter of admonishment to a $1,000 fine for the licensee or permittee, and a letter of admonishment to a $50 fine for the officer, employee, or agent.

(ii) Second occurrence of the same type of moderate violation: A three to ten-day suspension of the license or permit and a three to ten-day suspension of the employment of the officer, employee, or agent; or a $500 to $1,000 fine for the licensee or permittee and up to a $75 fine for the officer, employee, or agent; or both.

(iii) Third occurrence of the same type of moderate violation: A 10 to 20-day suspension of the license or permit and a 10 to 20-day suspension of the employment of the officer, employee, or agent; or a $1,000 to $2,000 fine for the licensee or permittee and up to a $100 fine for the officer, employee, or agent; or both.

(iv) More than three occurrences of the same type of moderate violation: A 15-day suspension to revocation of the license or permit and a 15 to 30-day suspension of the employment of the officer, employee, or agent; or a $2,000 to $25,000 fine for the licensee or permittee and up to a $150 fine for the officer, employee, or agent; or both.

(v) If more than one violation is charged during the same investigation, the penalty shall be the sum of the days of suspension or the sum of the monetary penalties for each of the charges in their respective categories or both.

(vi) If the same type of violation is reported more than once during the same investigation, the Department may:

(A) charge each violation separately under a single agency action; or

(B) charge each violation as a single occurrence.

(c) Serious Violations. Violations of this category directly or indirectly affect or potentially affect the public safety, health, and welfare, or may involve minors. Penalty range: Written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department on the first occurrence. The penalty shall range from a five-day suspension to revocation of the license or permit or up to a $25,000 fine or both.

(i) First occurrence involving a serious violation: A written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department. The penalty shall range from a five to 30-day suspension of the license or permit and a five to 30-day suspension of the employment of the officer, employee, or agent; or a $500 to $3,000 fine for the licensee or permittee and up to a $300 fine for the officer, employee, or agent; or both.

(ii) Second occurrence of the same type of serious violation: A 10 to 90-day suspension of the license or permit and a 10 to 90-day suspension of the employment of the officer, employee, or agent; or a $1,000 to $9,000 fine for the licensee or permittee and up to a $350 fine for the officer, employee, or agent; or both.

(iii) More than two occurrences of the same type of serious violation: A 15-day suspension to revocation of the license or permit and a 15 to 120-day suspension of the employment of the officer, employee, or agent; or a $9,000 to $25,000 fine for the licensee or permittee and up to a $700 fine for the officer, employee, or agent; or both.

(iv) If more than one violation is charged during the same investigation, the penalty shall be the sum of the days of suspension, or the sum of the monetary penalties for each of the charges in their respective categories, or both.

(v) If the same type of violation is reported more than once during the same investigation, the Department may:

(A) charge each violation separately under a single agency action; or

(B) charge each violation as a single occurrence.

(d) Grave Violations. Violations of this category pose or potentially pose, a grave risk to public safety, health and welfare, or may involve lewd acts prohibited by the Act, fraud, deceit, willful concealment or misrepresentation of the facts, exclusion of competitors' products, unlawful tied house trade practices, commercial bribery, interfering or refusing to cooperate with authorized officials in the discharge of their duties, unlawful importations, or industry supplying liquor to persons other than the Department and military installations. Penalty range: Written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department on the first occurrence. The penalty shall range from a ten-day suspension to revocation of the license or permit, or up to a $25,000 fine, or both.

(i) First occurrence involving a grave violation: A written investigation report from law enforcement or Department compliance officer shall be forwarded to the Department. The penalty shall range from a ten-day suspension to revocation of the license or permit and a 10 to 120-day suspension of the employment of the officer, employee, or agent; or a $1,000 to $25,000 fine to the licensee or permittee and up to a $300 fine for the officer, employee, or agent, or both.

(ii) More than one occurrence of the same type of grave violation: A 15-day suspension to revocation of the license or permit, and a 15 to 180 - day suspension of the employment of the officer, employee or agent or a $3,000 to $25,000 fine for the licensee or permittee and up to a $500 fine for the officer, employee, or agent, or both suspension and fine.

(iii) If more than one violation is charged during the same investigation, the penalty shall be the sum of the days of suspension or the sum of the monetary penalties for each of the charges in their respective categories or both.

(iv) If the same type of violation is reported more than once during the same investigation, the Department may:

(A) charge each violation separately under a single agency action; or

(B) charge each violation as a single occurrence.

(e) The following table summarizes the penalty ranges contained in this subsection of the rule for licensees and permittees.

TABLE 1

Violation Degree

And Frequency

Warning -- Verbal\

Or Written

Fine Amount

Suspension

No. of Days

Revoke

License

Minor

1st

X \ X

2nd

100 to 500

3rd

200 to 500

1 to 5

Over 3

500 to 25,000

6 to

Moderate

1st

\ X

To 1,000

2nd

500 to 1,000

3 to 10

3rd

1,000 to 2,000

10 to 20

Over 3

2,000 to 25,000

15 to

Serious

1st

500 to 3,000

5 to 30

2nd

1,000 to 9,000

10 to 90

Over 2

9,000 to 25,000

15 to

Grave

1st

1,000 to 25,000

10 to

Over 1

3,000 to 25,000

15 to

(f) The following table summarizes the penalty ranges contained in this subsection of the rule for officers, employees, or agents of licensees and permittees.

TABLE 2

Violation Degree and

Frequency

Warning -- Verbal \

Fine Amount

Suspension

No. of Days

Or Written

Minor

1st

X \ X

2nd

\ X

To 25

3rd

To 50

1 to 5

Over 3

To 75

6 to 10

Moderate

1st

\ X

To 50

2nd

To 75

3 to 10

3rd

To 100

10 to 20

Over 3

To 150

15 to 30

Serious

1st

To 300

5 to 30

2nd

To 350

10 to 90

Over 2

To 700

15 to 180

Grave

1st

To 300

10 to 120

Over 1

To 500

15 to 180

(6) Violation Schedule. Any proposed substantive change to the violation schedule established in this rule that would establish or adjust the degree of seriousness of a violation requires rulemaking in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-103 Disciplinary Hearings

(1)(a) Authority.

(i) This rule is made pursuant to Section 32B-2-202 and governs the procedure for disciplinary actions under the jurisdiction of the Commission.

(ii) Package agencies are expressly excluded from the provisions of this rule and are governed by the terms of the package agency contract.

(b) Definitions. The definitions found in Title 63G, Chapter 4, Utah Administrative Procedures Act, apply to this rule.

(c) Liberal Construction. This rule shall be liberally construed to secure just, speedy, and economical determination of all issues presented in any disciplinary action.

(d) Utah Administrative Procedures Act. A proceeding under this rule shall be in accordance with Title 63G, Chapter 4, Utah Administrative Procedures Act (UAPA), and Sections 32B-3-102 through 32B-3-207.

(e) Administrative costs.

(i) Department administrative costs for a proceeding under this rule include:

(A) the hourly pay rate plus benefits of each Department employee involved in processing and conducting the adjudicative proceedings on the violation;

(B) an hourly charge for Department overhead costs;

(C) the amount billed to the Department by an independent contractor for services provided in conjunction with an adjudicative proceeding; and

(D) any additional extraordinary or incidental costs incurred by the Department.

(ii) The Commission may assess administrative costs in addition to the costs described in Subsection (1)(e)(i) if a respondent fails to appear before the Commission at the final stage of the adjudicative process.

(v)(A) The Department shall calculate overhead costs described in Subsection (1)(e)(i) by taking the previous year's total Department expenditures less staff payroll charges expended on violations, dividing it by the previous year's total staff hours spent on violations, and multiplying this by a rate derived by taking the previous year's total staff payroll spent on violations to the previous year's total payroll of all office employees.

(B) The Department shall recalculate the overhead costs at the beginning of each fiscal year.

(f) Witnesses.

(i) A hearing officer, in the course of conducting a hearing, may swear in a witness.

(ii) A person who makes any false or perjured statement in the course of a disciplinary action is subject to criminal prosecution under Section 32B-4-504.

(g) Service.

(i) Service of any document under this rule is satisfied by:

(A) service personally or by mail upon the respondent, upon an officer or manager of a corporate or limited liability company respondent, upon an attorney for the respondent, to the last known address of the respondent; or

(B) upon any employee working in the respondent's premises; or

(ii) Proof of service under this rule is satisfied by:

(A) a receipt of service signed by the person served;

(B) a certificate of service signed by the person served;

(D) verification of posting on the respondent's premises.

(h) Filing of pleadings or documents. A respondent's filing of any pleading or document under this rule is satisfied by time delivery to:

(i) the Department office located at 1625 S. 900 West, Salt Lake City, Utah; or

(ii) P. O. Box 30408, Salt Lake City, Utah 84130-0408.

(i) Representation.

(i) A respondent who is not a corporation or limited liability company may:

(A) represent the respondent's self in any disciplinary action;

(B) be represented by an agent authorized by the respondent in writing; or

(ii) A corporate or limited liability company respondent may be represented by:

(A) a member of the governing board of the corporation or manager of the limited liability company;

(B) a person authorized and appointed by the respondent in writing to represent the governing board of the corporation or manager of the limited liability company; or

(j) Hearing officers.

(i) The Commission or the director may appoint a hearing officer to:

(A) receive evidence in a disciplinary proceeding; and

(B) submit to the Commission orders containing written findings of fact, conclusions of law, and recommendations for Commission action.

(ii) If fairness to the respondent is not compromised, the Commission or director may substitute one hearing officer for another during any proceeding.

(iii) A person who acts as a hearing officer at one phase of a proceeding need not continue as hearing officer through all phases of a proceeding.

(iv) Nothing in this rule precludes the Commission from acting as hearing officer over all or any portion of an adjudication proceeding.

(v) At any time during an adjudicative proceeding the hearing officer may hold a conference with the Department and the respondent to:

(A) encourage settlement;

(B) clarify issues;

(D) expedite the proceedings; or

(E) facilitate discovery, if a formal proceeding.

(k) Computation of time. In accordance with Section 68-3-7, the time within which any act shall be done under this rule is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or state or federal holiday, in which case the next business day shall count as the last day.

(l) Default.

(i) The hearing officer may enter an order of default against a respondent if the respondent in an adjudicative proceeding fails to attend or participate in the proceeding.

(ii) The hearing officer shall:

(A) include a statement of the grounds for default in the order for default; and

(B) mail the order of default to the respondent and the Department.

(iii) A defaulted respondent may seek to have the order of default set aside according to procedures outlined in the Utah Rules of Civil Procedure.

(iv) After issuing the order of default, the Commission or hearing officer shall:

(A) conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the respondent in default; and

(B) determine all issues in the adjudicative proceeding, including those affecting the defaulting respondent.

(2) Pre-adjudication proceedings.

(a) Staff screening. Upon receipt of a violation report, a decision officer of the Department shall:

(i) review the report;

(ii) review the alleged violator's violation history; and

(iii) in accordance with Section R82-3-102, determine the range of penalties that may be assessed should the alleged violator be found guilty of the alleged violation.

(b) Letters of admonishment. A letter of admonishment is not a "state agency actions" as described in Section 63G-4- 102 and is subject to the following procedures:

(i) A letter of admonishment may be sent to the respondent if the decision officer of the Department determines that the alleged violation does not warrant:

(A) an administrative fine;

(B) suspension or revocation of the license, permit, or certificate of approval; or

(C) action against an officer, employee, or agent of a licensee, permittee, or certificate of approval holder, or a manufacturer, supplier, or importer of products listed in this state.

(ii) A letter of admonishment shall set forth in clear and concise terms:

(A) the case number assigned to the action;

(B) the name of the respondent;

(C) the alleged violation, together with sufficient facts to put the respondent on notice of the alleged violations and the name of the law enforcement agency or staff member making the report;

(D) notice that a letter of admonishment may be considered as a part of the respondent's violation history in assessing appropriate penalties in future disciplinary actions against the respondent;

(E) notice that a rebuttal is permitted under this rule within 10 days after the letter of admonishment is served; and

(F) notice that the letter of admonishment is subject to the approval of the Commission.

(iii)(A) A copy of the law enforcement agency or Department staff report shall accompany the letter of admonishment.

(B) The decision officer shall delete from the report any information that might compromise the identity of a confidential informant or undercover agent.

(iv)(A) A respondent may file a written rebuttal with the Department within 10 days after the letter of admonishment is served.

(B) The rebuttal shall set forth in clear and concise terms:

(I) the case number assigned to the action;

(II) the name of the respondent;

(III) any facts in defense or mitigation of the alleged violation; and

(IV) a brief summary of any attached evidence.

(D) The respondent or the respondent's authorized agent or attorney shall sign the rebuttal.

(v)(A) If the decision officer is satisfied, upon receipt of a rebuttal, that the letter of admonishment was not well taken, the decision officer may withdraw the letter of admonishment.;

(B) If the decision officer withdraws the letter of admonishment, the letter of admonishment and rebuttal shall be expunged from the respondent's file and the letter of admonishment may not be considered as a part of the respondent's violation history in assessing appropriate penalties in future disciplinary actions against the respondent.

(C) If no rebuttal is received, or if the decision officer determines after receiving a rebuttal that the letter of admonishment is justified, the decision officer shall submit the matter to the Commission for final approval.

(D) Upon Commission approval, the Department shall place the letter of admonishment, together with any written rebuttal, in the respondent's file.

(E) A letter of admonishment may be considered as part of the respondent's violation history in assessing appropriate penalties in future disciplinary actions against the respondent.

(F) If the Commission rejects the letter of admonishment, the Commission may direct the decision officer to dismiss the matter or direct that an adjudicative proceeding be commenced seeking a more severe penalty.

(vi) At any time before the Commission's final approval of a letter of admonishment, the respondent may request that the matter be processed under the adjudicative proceeding process.

(i) An alleged violation shall be referred to a hearing officer for commencement of adjudicative proceedings under the following circumstances:

(A) the decision officer determines during screening that the case does not fit the criteria for issuance of a letter of admonishment under this rule;

(B) a respondent has requested that a letter of admonishment be processed under the adjudicative proceeding process; or

(C) the Commission has rejected a letter of admonishment and directed that an adjudicative proceeding be commenced seeking a more severe penalty.

(ii) An adjudicative proceeding shall commence as an informal proceeding.

(iii) At any time after commencement of an informal adjudicative proceeding, but before the hearing, if the Department determines that the Department will seek administrative fines exceeding $3,000, a suspension of the license, permit or certificate of approval for more than 10 days, or a revocation of the license, permit, or certificate of approval for the alleged violation, the hearing officer shall convert the matter to a formal adjudicative proceeding.

(iv) At any time before a final order is issued, the hearing officer may convert an informal proceeding to a formal proceeding if conversion is in the public interest and does not unfairly prejudice the rights of any party.

(3) The informal process.

(a) Notice of agency action.

(i) Upon referral of a violation report from the decision officer for commencement of an informal adjudicative proceeding, the hearing officer shall issue and sign a written notice of agency action that sets forth in clear and concise terms:

(A) the names and mailing addresses of all persons to whom notice is being given by the hearing officer;

(B) the name, title, and mailing address of an attorney or employee who has been designated to appear for the Department;

(D) the name of the adjudicative proceeding, "Department of Alcoholic Beverage Services vs. (insert name of the respondent)";

(E) the date that the notice of agency action is mailed;

(F) a statement that the adjudicative proceeding is to be conducted informally according to this rule and Sections 63G- 4-202 and 63G-4-203 unless a hearing officer converts the matter to a formal proceeding under this rule, in which event the proceeding will be conducted formally according to this rule and Sections 63G-4-204 through 63G-4-209;

(F) the date, time, and place of any prehearing conference with the hearing officer;

(G) a statement that a respondent may request a hearing to determine whether the violation alleged in the notice of agency action occurred, and if so, the penalty that should be imposed;

(H) a statement that a respondent who fails to attend or participate in any hearing may be held in default;

(I) a statement of the legal authority and jurisdiction under which the adjudicative proceeding is to be maintained;

(J) a statement of the purpose of the adjudicative proceeding and questions to be decided including:

(I) the alleged violation, together with sufficient facts to put the respondent on notice of the alleged violation and the name of the law enforcement agency or Department staff member making the violation report; and

(II) the penalty sought, which may include assessment of costs under Section 32B-3-205 if the respondent is found guilty of the alleged violation, and forfeiture of any compliance bond on final revocation, if revocation is sought by the Department;

(K) any violation history of the respondent that may be considered in assessing an appropriate penalty should the respondent be found guilty of the alleged violation; and

(L) the name, title, mailing address, and telephone number of the hearing officer.

(ii)(A) A copy of the law enforcement agency or staff report shall accompany the notice of agency action.

(B) The hearing officer shall delete from the report any information that might compromise the identity of a confidential informant or undercover agent.

(iii) The Department shall retain the notice of agency action and any subsequent pleading in the case in the respondent's file.

(iv) The Department shall:

(A) serve the notice of agency action on the respondent; and

(B) send the notice of agency action to any attorney representing the Department and any law enforcement agency that referred the alleged violation to the Department.

(v)(A) The hearing officer may permit or require pleadings in addition to the notice of agency action.

(B) A party shall file additional pleadings with the hearing officer and send copies by mail to each respondent and the Department.

(vi) Amendment to Pleading.

(A) The hearing officer may, upon motion of the respondent or the Department made at or before the hearing, allow any pleading to be amended or corrected.

(B) The hearing officer shall disregard a defect in a pleading that does not substantially prejudice the respondent or Department.

(vii) Signing of Pleading.

(A) The Department or respondent, or the Department's or respondent's authorized attorney or representative, shall sign a pleading.

(B) The pleading shall show the signer's address and telephone number.

(C) The signature is deemed to be a certification by the signer that the signer has read the pleading and taken reasonable measures to ensure its truth.

(b) The prehearing conference.

(i) The hearing officer may hold a prehearing conference with the respondent and the Department to:

(A) encourage settlement;

(B) clarify issues;

(D) expedite the proceedings.

(ii)(A) All or part of an adjudicative proceeding may be stayed at any time by a written settlement agreement signed by the Department and respondent or the Department's or respondent's authorized attorney or representative, and the hearing officer.

(B) The stay takes effect immediately upon the signing of the settlement agreement and remain in effect until the settlement agreement is approved or rejected by the Commission.

(C) No further action is required with respect to any stayed action or issue until the Commission acts on the settlement agreement.

(iii)(A) A settlement agreement approved by the Commission constitutes a final resolution of all issues agreed upon in the settlement.

(B) After the Commission approves a settlement agreement, no further proceedings are required for any issue settled.

(D) A breach of a settlement agreement by the respondent may be treated as a separate violation and is grounds for further disciplinary action.

(E) Sanctions stipulated to in the settlement agreement may be imposed against the respondent.

(iv) If the settlement agreement is rejected by the Commission, the action shall proceed in the same manner as if the settlement agreement had not been reached, except that all time limits are stayed for the period between the signing of the agreement and the Commission rejection of the settlement agreement.

(v) If the matter cannot be resolved by settlement agreement, the Department shall notify the respondent and the hearing officer whether the Department will seek administrative fines exceeding $3,000, a suspension of the license, permit, or certificate of approval for more than 10 days, or a revocation of the license, permit, or certificate of approval for the alleged violation.

(vi) If the Department does not seek a remedy described in Subsection (2)(b)(v), any hearing on the matter shall be adjudicated informally.

(vii)(A) If the Department seeks a remedy described in Subsection (2)(b)(v), the hearing officer shall convert the matter to a formal adjudicative proceeding, and any hearing on the matter shall be adjudicated formally.

(B) In a matter that is converted to a formal adjudicative proceeding under Subsection (2)(b)(vii)(A), the Department may waive the requirement that the respondent file a written response to the notice of agency action.

(i)(A) Notice. The hearing officer shall notify the respondent and Department in writing of the date, time, and place of an informal hearing at least 10 days before the hearing.

(B) The respondent's failure to appear at the hearing after notice has been given is grounds for default and waives the respondent's right to contest the allegations and to the hearing.

(C) If the respondent fails to appear, the hearing officer shall prepare and serve on the respondent an order in accordance with this rule.

(ii) Hearing officer. An informal hearing is presided over by the hearing officer.

(iii) Rules of evidence.

(A) The respondent named in the notice of agency action and the Department are permitted to testify, present evidence, and comment on the issues at an informal hearing.

(B) Except as provided in Subsection (2)(c)(v), formal rules of evidence do not apply to an informal hearing.

(I) may exclude evidence that is irrelevant, immaterial, or unduly repetitious;

(II) shall exclude evidence privileged in the courts of Utah;

(III) shall recognize presumptions and inferences recognized by law;

(IV) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all the pertinent portions of the original document;

(V) may take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, the record of other proceedings before the Commission, and technical or scientific facts within the Commission's specialized knowledge;

(VI) may not exclude evidence solely because it is hearsay; and

(VII) may use the hearing officer's experience, technical competence, and specialized knowledge to evaluate the evidence.

(iv) Oath. All testimony at an informal hearing shall be under oath.

(v) Discovery and subpoenas.

(A) Discovery is prohibited at an informal hearing.

(B) The hearing officer shall issue subpoenas or orders to secure the attendance of witnesses or the production of evidence when requested by the respondent or Department, or upon the hearing officer's own motion.

(C) The respondent shall have access to information contained in the Department's files and to material gathered in the investigation of respondent to the extent permitted by law.

(vi) Intervention.

(A) Intervention is prohibited at an informal hearing.

(B) Except as provided in Subsections (2)(c)(vi)(C) and (D), the hearing is open to the public.

(C) The hearing officer may order the hearing closed upon a written finding that the public interest in an open meeting is clearly outweighed by factors enumerated in the closure order.

(D) The hearing officer may take appropriate measures necessary to preserve the integrity of the hearing.

(vii) Record of hearing.

(A) The hearing officer shall cause an official record of the hearing to be made, at the Department's expense, by an audio or video recorder or other recording device, by a certified shorthand reporter employed by the Department, or, if the Department chooses not to employ a reporter, by a party desiring to employ a certified shorthand reporter at the party's expense.

(B) If a party employs a certified shorthand reporter, the original transcript of the hearing shall be filed with the Department and a person who desires a copy of the certified shorthand reporter's transcript may purchase the copy from the reporter.

(C) A respondent, at respondent's expense, may have a person approved by the Department, prepare a transcript of the hearing, subject to any restrictions that the Department is permitted by statute to impose to protect confidential information disclosed at the hearing.

(D) The Department shall make a transcript or audio or video recording of a hearing available at the Department for use by the parties, but the original transcript or recording may not be withdrawn.

(E) The Department shall retain the record of the evidentiary hearing for a minimum of one year from the date of the hearing, or until the completion of any court proceeding on the matter.

(viii) Order of presentation. Unless otherwise directed by the hearing officer at the informal hearing, the order of procedure and presentation of evidence is as follows:

(A) the Department;

(B) the respondent; and

(ix) Time limits. The hearing officer may set reasonable time limits for the presentations described in Subsection (2)(c)(viii).

(x) Continuances of the informal hearing.

(A) The hearing officer may grant continuances or recesses as necessary or upon the hearing officer's own motion when in the public interest.

(B) If the hearing is continued to a time and date certain announced at the hearing, a new notification of the hearing is not required.

(C) A continuance of a hearing is not favored, but the hearing officer may grant a continuance upon motion of the respondent or Department indicating good cause as to why a continuance is necessary.

(xi) Oral argument and briefs. Upon the conclusion of the taking of evidence, the hearing officer may, in the hearing officer's discretion, permit the respondent and Department to make oral arguments or submit additional briefs or memoranda upon a schedule hearing officer designates.

(d) Disposition.

(i) Hearing officer's order.

(A) Within a reasonable time after the close of the informal hearing, the hearing officer shall issue a signed order in writing that includes the following:

(I) the decision;

(II) the reasons for the decision;

(III) findings of facts;

(IV) conclusions of law;

(V) recommendations for final Commission action; and

(VI) notice that a respondent or the Department having objections to the hearing officer's order may file written objections with the hearing officer within 10 days after the order is served, setting forth the particulars in which the report is alleged to be unfair, inaccurate, incomplete, unreasonable, unlawful, or not supported by the evidence.

(B) The hearing officer shall base the order on the facts appearing in the Department's files and presented in evidence at the informal hearing.

(D) The hearing officer shall base findings of fact upon a preponderance of the evidence.

(E) The hearing officer's order may not recommend a penalty more severe than that sought in the notice of agency action, nor administrative fines exceeding $3,000, a suspension of the license, permit, or certificate of approval for more than 10 days, or a revocation of the license, permit, or certificate of approval.

(F) A The hearing officer shall promptly mail the order to the respondent and the Department.

(G) The hearing officer shall wait 10 days after the order is served for written objections, if any.

(H) Upon receipt of objections, the hearing officer may amend or supplement the hearing officer's findings of fact, conclusions of law, or recommendations to reflect the objections that have merit or are not disputed.

(I) Upon expiration of 10-day period for filing written objections, the hearing officer shall submit the order and any written objections timely filed to the Commission for final consideration.

(J) The hearing officer or presiding officer may grant a motion to file a late objection for good cause or excusable neglect.

(ii) Commission Action. Upon expiration of 10-day period for filing written objections to the hearing officer's order under Subsection (2)(d)(i), the Commission shall place the order on the next available agenda of a regular Commission meeting for consideration by the Commission.

(B) The Commission shall finally decide the matter on the basis of the order and any objections submitted.

(D) The Commission may, in the Commission's discretion, permit the respondent and the Department to present oral presentations at the Commission meeting.

(E) The Commission is deemed a substitute hearing officer under Section 63G-4-103 when deciding the matter.

(F) The Commission's review and decision is not considered a "review of an order by an agency or a superior agency" under Sections 63G-4-301 and 63G-4-302.

(G) After the Commission has reached a final decision, the Commission shall issue or cause to be issued a signed, written order pursuant to Sections 32B-3-204 and 63G-4-203 containing:

(I) the decision;

(II) the reasons for the decision;

(III) findings of fact;

(IV) conclusions of law;

(V) the action ordered by the Commission and effective date of the action taken; and

(VI) notice of the right to seek judicial review of the order within 30 days from the date the order is in the district court in accordance with Sections 63G-4-401 through 63G-4-405 and 32B-3-207.

(H) The Commission may adopt in whole or in part, any portion of the initial hearing officer's order.

(I) The Commission shall base the Commission's order on the facts appearing in the Department's files and presented in evidence at the informal hearing.

(J) The Commission order may not impose a penalty more severe than that sought in the notice of agency action, nor administrative fines exceeding $3,000, a suspension of the license, permit, or certificate of approval for more than 10 days, or a revocation of the license, permit, or certificate of approval.

(K) Upon issuance, a copy of the Commission's order shall be promptly mailed to the parties.

(L) The Commission may direct the Department to prepare, issue, and cause to be served on the parties the Commission's order.

(e) Judicial review. An appeal of informal adjudicative proceedings may be filed with the district court in accordance with Sections 63G-4-402 through 63G-4-405 and 32B-3-207.

(4) The formal adjudicative process.

(a) Conversion procedures.

(i) If a hearing officer converts an informal adjudicative proceeding to a formal adjudicative proceeding under this rule:

(A) the hearing officer shall notify the parties that the adjudicative proceeding is to be conducted formally according to the provisions of this rule and Sections 63G-4-204 through 63G-4-209

(B) the case shall proceed without requiring the issuance of a new or amended notice of agency action; and

(C) the respondent shall file a written response to the original notice of agency action within 30 days after the notice of the conversion of the adjudicative proceeding to a formal proceeding is served, unless this requirement is waived by the Department.

(ii)(A) An extension of time to file a response is not favored, but may be granted by the hearing officer for good cause shown.

(B) The respondent's failure to file a timely response waives the respondent's right to contest the matters stated in the notice of agency action, and the hearing officer may enter an order of default and proceed to prepare and serve the hearing officer's final order in accordance with Subsection (4)(e).

(I) the case number assigned to the action;

(II) the name of the adjudicative proceeding, "Department of Alcoholic Beverage Services vs. (insert name of respondent)";

(III) the name of the respondent;

(IV) whether the respondent admits, denies, or lacks sufficient knowledge to admit or deny each allegation stated in the notice of agency action, in which event the allegation is deemed denied;

(V) any facts in defense or mitigation of the alleged violation or possible penalty;

(VI) a brief summary of any attached evidence, including supporting documents, exhibits, signed statements, or transcripts;

(VII) a statement of the relief the respondent requests; and

(VIII) a statement summarizing the reasons that the relief requested should be granted.

(iv) The hearing officer may:

(A) permit or require pleadings in addition to the notice of agency action and the response to be filed with the hearing officer and copies sent by mail to each party; and

(B) upon motion of a party made at or before the hearing, allow any pleading to be amended or corrected.

(v) The hearing officer shall disregard a defect in a pleading that does not substantially prejudice any of the parties.

(vi)(A) A party or the party's attorney shall sign a pleading.

(B) A pleading shall include the signer's address and telephone number.

(C) The signature on a pleading is deemed to be a certification by the signer that the signer has read the pleading and taken reasonable measures to ensure its truth.

(b) Intervention.

(i) Petition. A person who is not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the hearing officer.

(ii) The petition shall include:

(A) the Department's case number;

(B) a statement of facts demonstrating that the petitioner's legal rights or interests are substantially affected by the formal adjudicative proceedings or that the petitioner qualifies as an intervenor under any provision of law; and

(iii) The person who wishes to intervene shall mail a copy of the petition to each party

(iv)(A) Response to petition. A party to a proceeding into which intervention is sought may make an oral or written response to the petition for intervention.

(B) The response shall state the basis for opposition to intervention and may suggest limitations to be placed upon the intervenor if intervention is granted.

(v) Granting of petition. The hearing officer shall grant a petition for intervention if the hearing officer determines that:

(A) the petitioner's legal interests may be substantially affected by the formal adjudicative proceeding; and

(B) the interests of justice and the orderly and prompt conduct of the adjudicative proceedings will not be materially impaired by allowing the intervention.

(vi) Order requirements.

(A) Any order granting or denying a petition to intervene shall be in writing and sent by mail to the petitioner and each party.

(B) An order permitting intervention may impose conditions on the intervenor's participation in the adjudicative proceeding that are necessary for a just, orderly, and prompt conduct of the adjudicative proceeding.

(D) If it appears during the proceeding that an intervenor has no direct or substantial interest in the proceeding and that the public interest does not require the intervenor's participation, the hearing officer may dismiss the intervenor from the proceeding.

(E) In the interest of expediting a hearing, the hearing officer may limit the extent of participation of an intervenor.

(F) If two or more intervenors have substantially like interests and positions, the hearing officer may at any time during the hearing limit the number of intervenors who will be permitted to testify, cross-examine witnesses, or make and argue motions and objections.

(i) Upon the motion of a party and for good cause shown that it is to obtain relevant information necessary to support a claim or defense, the hearing officer may authorize the manner of discovery against another party or person, including the staff, as may be allowed by the Utah Rules of Civil Procedure.

(ii) The hearing officer shall issue subpoenas and orders to secure the attendance of witnesses or the production of evidence in formal adjudicative proceedings when requested by any party, or upon the hearing officer's own motion.

(d) The formal hearing.

(i)(A) Notice and continuances. The hearing officer shall notify the parties in writing of the date, time, and place of the formal hearing at least 10 days before the hearing.

(B) The hearing officer's name, title, mailing address, and telephone number shall be provided to the parties.

(D) The respondent's failure to appear at the hearing after notice has been given is grounds for default and waives the respondent's right to contest the allegations and to the hearing.

(E) If the respondent fails to appear, the hearing officer shall prepare and serve on the respondent an order in accordance with this rule.

(ii)(A) Public hearing. Except as provided in Subsection (4)(d)(ii)(B), a formal hearing is open to the public.

(B) The hearing officer may order the hearing closed upon a written finding that the public interest in an open hearing is clearly outweighed by factors enumerated in the closure order.

(iii) Rights of parties. The hearing officer:

(A) shall regulate the course of the formal hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable opportunity to present their positions, present evidence, argue, respond, conduct cross-examinations, and submit rebuttal evidence.

(B) may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the formal hearing.

(iv)(A) Rules of evidence. Technical rules of evidence do not apply to a formal hearing.

(B) Except as provided in Subsection (4)(d)(iv)(C), the hearing officer may admit reliable evidence at the hearing.

(I) may exclude evidence that is irrelevant, immaterial or unduly repetitious;

(II) shall exclude evidence privileged in the courts of Utah;

(III) shall recognize presumptions and inferences recognized by law;

(IV) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all the pertinent portions of the original document;

(V) may take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, of the record of other proceedings before the agency, and of technical or scientific facts within the agency's specialized knowledge;

(VI) may not exclude evidence solely because it is hearsay; and

(VII) may use the hearing officer's experience, technical competence, and specialized knowledge to evaluate the evidence.

(v) Oath. All testimony presented at the hearing, if offered as evidence to be considered in reaching a decision on the merits, shall be given under oath.

(vi) Order of presentation. Unless otherwise directed by the hearing officer at the hearing, the order of procedure and presentation of evidence is as follows:

(A) the Department;

(B) the respondent;

(D) the rebuttal by the Department.

(vii) The hearing officer may set reasonable time limits for the presentations described in Subsection (2)(d)(vi).

(viii) Continuances of the formal hearing.

(A) The hearing officer may grant a continuance of the formal upon motion of a party indicating good cause as to why a continuance is necessary or upon the motion of the hearing officer when in the public interest.

(B) If the hearing is continued to a time and date certain announced at the hearing, a new notification of the hearing is not required.

(ix) Oral argument and briefs. Upon the conclusion of the taking of evidence, the hearing officer may, in the hearing officer's discretion, permit the parties to make oral arguments or submit additional briefs or memoranda upon a schedule the hearing officer designates.

(x) Record of hearing.

(A) The hearing officer shall cause an official record of the hearing to be made, at the Department's expense, by an audio or video recorder or other recording device, by a certified shorthand reporter employed by the Department or, if the Department chooses not to employ a reporter, by a party desiring to employ a certified shorthand reporter at the party's expense.

(C) A respondent, at the respondent's expense, may have a person approved by the Department prepare a transcript of the hearing, subject to any restrictions that the Department is permitted by statute to impose to protect confidential information disclosed at the hearing.

(D) The Department shall make a transcript or audio or video recording of a hearing available at the Department for use by the parties, but the original transcript or recording may not be withdrawn.

(E) The Department shall retain the record of the evidentiary hearing for a minimum of one year from the date of the hearing, or until the completion of any court proceeding on the matter.

(xii) Failure to appear.

(A) Inexcusable failure of the respondent to appear at a scheduled evidentiary hearing after receiving proper notice constitutes an admission of the charged violation.

(B) The validity of any hearing is not affected by the failure of any person to attend or remain in attendance pursuant to Subsections 32B-3-203(3)(b) and (c).

(e) Disposition.

(i) Hearing officer's order.

(A) Within a reasonable time after the close of the formal hearing, or after the filing of any post-hearing papers permitted by the hearing officer, the hearing officer shall sign and issue a written order that includes the following:

(I) the findings of fact based exclusively on evidence found in the record of the adjudicative proceedings, or facts officially noted; a preponderance of the evidence, except if the respondent fails to respond, the findings of fact shall adopt the allegations in the notice of agency action.

(II) conclusions of law;

(III) the decision;

(IV) the reasons for the decision;

(V) recommendations for final Commission action; and recommend a penalty more severe than the penalty sought in the notice of agency action.

(VI) notice that a respondent or the Department having objections to the hearing officer's order may file written objections with the hearing officer within 10 days after the order is served setting forth the particulars in which the report is alleged to be unfair, inaccurate, incomplete, unreasonable, unlawful, or not supported by the evidence.

(B) A contested finding of fact may not be based solely on hearsay evidence.

(D) The hearing officer's order may not

(E) The hearing officer shall promptly mail the order to the parties.

(F) The hearing officer shall wait 10 days after the order is served for written objections, if any.

(G) Upon receipt of objections, the hearing officer may amend or supplement the hearing officer's findings of fact, conclusions of law, or recommendations to reflect the objections that have merit and are not disputed.

(H) Upon expiration of the 10-day period for filing written objections, the hearing officer shall submit the order and any written objections timely filed to the Commission for final consideration.

(ii) Commission action.

(A) Upon expiration of the 10-day period for filing objections under Subsection (4)(e)(i), the Commission shall place the on the next available agenda of a regular Commission meeting for consideration by the Commission.

(B) The Commission shall finally decide the matter on the basis of the order and any objections submitted.

(E) The Commission is deemed a substitute hearing officer under Section 63G-4-103 when deciding the matter.

(F) The Commission's review and decision is not considered a "review of an order by an agency or a superior agency" under Sections 63G-4-301 and 63G-4302.

(D) The Commission may, in the Commission's discretion, permit the parties to present oral presentations at the Commission meeting.

(G) After the Commission reaches a final decision, the Commission shall issue or cause to be issued a signed, written order pursuant to Sections 32B-3-204 and 63G-4-208 containing:

(I) findings of fact based exclusively on evidence found in the record of the adjudicative proceedings, or facts officially noted;

(II) conclusions of law;

(III) the decision;

(IV) the reasons for the decision;

(V) the action ordered by the Commission and effective date of the action taken;

(VI) notice of the right to file a written request for reconsideration within 10 days after the order is served;

(VII) notice of the right to seek judicial review of the order within 30 days after the order is issued in the court of appeals in accordance with Sections 32B-3-207 and 63G-4-403, through 63G-4-405.

(D) A contested finding of fact may not be based solely on hearsay evidence.

(E) The Commission shall base findings of fact upon a preponderance of the evidence, except if the respondent fails to respond, then the findings of fact shall adopt the allegations in the notice of agency action and the respondent is considered in default.

(F) The Commission's order may not impost a penalty more severe than the penalty sought in the notice of agency action.

(H) The Commission may adopt in whole or in part, any portion of the initial hearing officer's order.

(I) The Commission may use the Commission's experience, technical competence, and specialized knowledge to evaluate the evidence.

(J) Except as provided in Subsection (4)(e)(ii)(K), the Commission shall promptly mail a copy of the Commission's order to the parties.

(K) The Commission, after it has made its final decision and order, may direct the Department to prepare, issue, and cause to be served on the parties the final written order on behalf of the Commission.

(iii) Reconsideration of Commission's order.

(A) A respondent having objections to the order of the Commission may file, within 10 days after the order is served, a request for reconsideration with the Commission, setting forth the particulars in which the order is unfair, unreasonable, unlawful, or not supported by the evidence.

(B) If the request is based upon newly discovered evidence, the respondent shall include with the request for reconsideration a summary of the new evidence, with a statement of reasons why the respondent could not with reasonable diligence have discovered the evidence before the formal hearing, and why the evidence would affect the Commission's order.

(C) The filing of a request for reconsideration is not a prerequisite for seeking judicial review of the Commission's order.

(D) Within 20 days after the filing of a request for reconsideration, the Commission may issue or cause to be issued a written order granting the request or denying the request in whole or in part.

(E) If the Commission grants the request, the Commission shall limit the request to the matter specified in the order.

(F) Upon reconsideration, the Commission may confirm the former Commission order, vacate, change, or modify the former Commission order in any particular, or remand the matter for further action.

(G) The final order on the request for reconsideration shall have the same force and effect as the Commission's original order.

(H) If the Commission does not issue an order on the request for reconsideration within 20 days after the filing of the request, the request is considered denied.

(f) Judicial Review. An appeal from formal adjudicative proceedings may be filed with the Utah Court of Appeals in accordance with Sections 32B-3-207 and 63G-4-403 through 63G-5-405.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-104 Orders to Show Cause

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-3-202.

(2)(a) If a licensee or permittee fails to maintain the fundamental, minimum qualifications provided by law for holding a license or permit, the Department shall issue an order to show cause to the licensee or permittee.

(b) A failure to maintain fundamental, minimum qualifications includes:

(i) a failure to maintain insurance;

(ii) a failure to maintain a bond;

(iii) a failure to notify the Department regarding a change of ownership as described in Section 32B-18-202;

(iv) a failure to maintain records showing the appropriate amount of food sales for the license type; or

(iv) receiving a conviction for a criminal offense that disqualifies the licensee or permittee from holding the license or permit.

(3) The order to show cause shall:

(a) identify the time and place of the hearing on the order to show cause;

(b) identify the qualification that the licensee or permittee is alleged to have failed to maintain; and

(c) require the licensee or permittee to provide the Commission with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit.

(4) The Department shall mail the order to show cause to the address on file of the licensee or permittee no later than ten calendar days before the day on which the hearing described in Subsection (3) is scheduled to be held.

(5) If a licensee or permittee provides the Department with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit before the scheduled hearing, the Department shall notify the chair of the Commission and the Commission may:

(a) cancel the hearing;

(b) remove the order to show cause from the hearing agenda; or

(c) require the licensee or permittee to attend the hearing and provide the Commission with proof of the fundamental, minimum qualifications.

(6) If a licensee or permittee fails to provide the Commission with proof that the licensee or permittee maintains the fundamental, minimum qualifications to hold the license or permit at a scheduled hearing, the Commission shall:

(a) suspend, revoke, or deem forfeited the license or permit; or

(b) hold the hearing on the order to show cause until the next Commission meeting.

(7) An order to show cause issued pursuant to this rule is not required to comply with Title 63G, Chapter 4, Administrative Procedures Act or Section R82-3-103.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-105 Consent Calendar Procedures

(1) Authority. This rule is pursuant to the Commission's authority to establish procedures for suspending or revoking permits, licenses, and package agencies under Subsections 32B-2-202(1)(c) and (e), and the Commission's authority to adjudicate violations of Title 32B in accordance with Subsections 32B-2-202(1)(p), 32B-3-204(4), and 32B-3-205(1).

(2) Purpose. This rule establishes a consent calendar procedure for handling letters of admonishment issued and settlement agreements proposed pursuant to R82-3-103 that meet the following criteria:

(a) Uncontested letters of admonishment where no written objections have been received from the respondent; and

(b) Settlement agreements except those where the respondent is allowed to present further argument to the Commission under the terms of the settlement agreement.

(3) Application of the Rule.

(a) A consent calendar may be utilized by the Commission at their meetings to expedite the handling of letters of admonishment and settlement agreements that meet the criteria of Subsection (2) of this Section.

(b) Consent calendar items shall be briefly summarized by Department staff or the assistant attorney general assigned to the Department. The summary shall describe the nature of the violations and the penalties sought.

(c)(i) The Commission shall be furnished in advance of the meeting a copy of each letter of admonishment and settlement agreement on the consent calendar and any documents essential for the Commission to make an informed decision on the matter.

(ii) If the case involves anything unusual or out of the ordinary, it shall be highlighted on the letter of admonishment or settlement agreement and shall be noted by the Department staff person or assistant attorney general during the summary of the case.

(iii) Settlement agreements on the consent calendar shall include specific proposed dates for the suspension of any license or permit, and for payment of any fines or administrative costs.

(d) If the case involves a serious or grave violation as defined in R82-3-102, the licensee or permittee, absent good cause, shall be in attendance at the Commission meeting. The licensee or permittee shall be present not to make a presentation, but to respond to any questions from the Commission. Individual employees of a licensee or permittee are not required to be in attendance at the Commission meeting.

(e) Any Commissioner may have an item removed from the consent calendar if the Commissioner feels that further inquiry is necessary before reaching a final decision. In the event a Commissioner elects to remove an item from the consent calendar, and the licensee or permittee is not in attendance, the matter may be rescheduled for the next regular Commission meeting. Otherwise, the action recommended by Department staff or the assistant attorney general presenting the matter shall be approved by unanimous consent of the Commission.

(f) All consent calendar items shall be approved in a single motion at the conclusion of the presentation of the summary.

(g) All fines and administrative costs associated with a consent calendar item shall be paid on or before the day of the Commission meeting unless otherwise provided by order of the Commission.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-106 Commission Declaratory Orders

(1) Authority. As required by Section 63G-4-503, and as authorized by Section 32B-2-202, this rule provides the procedures for the submission, review, and disposition of petitions for Commission declaratory orders on the applicability of statutes administered by the Commission and Department, rules promulgated by the Commission, and orders issued by the Commission.

(2) Petition Procedure.

(a) Any person or government agency directly affected by a statute administered by the Commission, a rule promulgated by the Commission, or an order issued by the Commission may petition for a declaratory order.

(b) The petitioner shall file the petition with the Commission's executive secretary.

(3) Petition Form. The petition shall:

(a) be clearly designated as a request for a declaratory order;

(b) identify the statute, rule, or order to be reviewed;

(c) describe the situation or circumstances giving rise to the need for the declaratory order, or in which applicability of the statute, rule, or order is to be reviewed;

(d) describe the reason or need for the applicability review;

(e) identify the person or agency directly affected by the statute, rule, or order;

(f) include an address and telephone number where the petitioner can be reached during regular workdays; and

(g) be signed by the petitioner.

(4) Petition Review and Disposition.

(a) The Commission shall:

(i) review and consider the petition;

(ii) prepare a declaratory order stating:

(A) the applicability or non-applicability of the statute, rule, or order at issue;

(B) the reasons for the applicability or non-applicability of the statute, rule, or order; and

(iii) serve the petitioner with a copy of the order.

(b) The Commission may:

(i) interview the petitioner;

(ii) hold an informal adjudicative hearing to gather information before making its determination;

(iii) hold a public information-gathering hearing on the petition;

(iv) consult with Department staff, the Attorney General's Office, other government agencies, or the public; and

(v) take any other action necessary to provide the petition adequate review and due consideration.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

Utah Admin. Code R82-3-107 Responsible Alcohol Service Plan

(1) Authority. This rule is made pursuant to the Commission's powers and duties under Sections 32B-1-103 and 32B- 2-202 to act as a general policymaking body on the subject of alcoholic beverage control, set policy by written rules that establish criteria and procedures for suspending or revoking licenses, and prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored.

(2) Purpose. This rule requires a licensee to provide a Responsible Alcohol Service Plan with the licensee's initial application, upon renewal if the Responsible Alcohol Service Plan has had a substantial change, or if the licensee has been found by the Commission to have violated any provision of the Alcoholic Beverage Control Act relating to the sale, service, or furnishing of alcoholic beverages to an intoxicated person, or to a person under the age of 21.

(3) Definitions.

(a) "Intoxication" and "intoxicated" mean the same as those terms are defined in Section 32B-1-102.

(b) "Licensed business" means a person or business entity licensed by the Commission to sell, serve, and store alcoholic beverages for consumption on the premises of the business.

(c) "Manager" means a person chosen or appointed to manage, direct, supervise, or administer the operations at a licensed business, regardless of the person's title.

(d) "Responsible Alcohol Service Plan" or "Plan" means a written set of policies and procedures of a licensed business that outline measures that will be taken by the business to prevent employees of the licensed business from:

(i) over-serving alcoholic beverages to customers;

(ii) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and

(iii) serving alcoholic beverages to persons under the age of 21.

(e) "Server" means an employee who makes available, serves to, or provides an alcoholic beverage to a customer for consumption on the business premises.

(f) "Supervisor" means an employee who, under the direction of a manager or owner, directs or has the responsibility to direct, transfer, or assign duties to employees who provide alcoholic beverages to customers on the premises of the business.

(4) Application.

(a)(i) The Commission may direct that a licensed business that has been found by the Commission to have violated any provision of the Title 32B, Alcoholic Beverage Control Act, relating to the sale, service, or furnishing of alcoholic beverages to an intoxicated person, or to a person under the age of 21, submit to the Department a Responsible Alcohol Service Plan.

(ii) The licensee thereafter shall, at a minimum, maintain a Responsible Alcohol Service Plan as a condition of continued licensing and relicensing by the Commission.

(b) Any Responsible Alcohol Service Plan at a minimum shall:

(i) outline the policies and procedures of the licensed business to:

(A) prevent over-service of alcohol;

(B) prevent service of alcohol to persons who are intoxicated;

(D) provide alternate transportation options for problem customers; and

(E) deal with hostile customers;

(ii) require that all managers, supervisors, servers, security personnel, and others who are involved in the sale, service or furnishing of alcohol, agree to follow the policies and procedures of the Plan;

(iii) require adherence to the Plan as a condition of employment;

(iv) require a commitment by management to monitor employee compliance with the Plan;

(v) require periodic training sessions on the house policies and procedures in the Plan, and on the techniques of responsible service of alcohol taught in the Alcohol Training and Education Seminar described in Section 26B-5-205, such as:

(A) identifying legal forms of ID, checking ID, and recognizing fake ID;

(B) identifying persons under the age of 21;

(D) identifying behavioral signs of intoxication;

(E) discussing techniques for monitoring and controlling consumption such as:

(1) drink counting;

(2) slowing down alcohol service;

(3) offering food or nonalcoholic beverages; and

(4) cutting off alcohol service;

(F) discussing third party or "dram shop" liability for the unlawful service of alcohol to intoxicated persons and persons under the age of 21 as outlined in Title 32B, Chapter 15, Alcoholic Product Liability Act; and

(G) discussing the potential criminal, civil and administrative penalties for over-serving alcohol, selling, serving, or otherwise furnishing alcohol to persons who are intoxicated, or to persons who are under the age of 21.

(c) The licensed business may choose to include in the Plan incentives for those employees who deserve special recognition for their responsible service of alcohol.

(d) The Plan shall be available on the premises of the licensed business so as to be accessible to any employees of the licensed business who are involved in the sale, service, or furnishing of alcohol.

(e) The Plan shall be available on the premises of the licensed business for inspection by representatives of the Commission, the Department and by law enforcement officers.

(f) Any licensed business that fails to submit to the Department a Plan as directed by the Commission pursuant to Subsection (4)(a), or to have a Plan available for inspection as required by Subsection (4)(e), shall be subject to the immediate suspension or revocation of its current license, and shall not be granted a renewal of its license by the Commission.

History

KEY: alcoholic beverages
Date of Last Change: June 27, 2025
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-103; 32B-2-202; 32B-3-101 through 32B-3-207

R82-4 Criminal Offenses and Procedure

Utah Admin. Code R82-4-101 Electronic Proof of Age Verification

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-1-407.

(2) Definitions. As used in this rule, "applicable licensee" means the same as that term is defined in Section 32B-1- 407.

(3) Except as provided in Subsection (6), an applicable licensee shall verify an individual's proof of age in accordance with Section 32B-1-407 using an electronic age verification device or program.

(4) An electronic age verification device or program described in Subsection (3) must contain a technology that:

(a) verifies the validity of a physical:

(i) state issued driver's license;

(ii) state issued identification card; and

(iii) military identification card; and

(b) visually displays no more than the following for the individual who presents a physical proof of age for verification:

(i) the name;

(ii) the age;

(iii) the number assigned to the individual's proof of age by the issuing authority;

(iv) the birth date;

(v) the gender; and

(vi) the status and expiration date of the individual's proof of age.

(5) An electronic age verification device or program meets the requirement of Subsection (4) if the electronic age verification device or program contains:

(a) a technology that can determine the validity of a state issued identification card from the barcode located on the back of the state issued identification card by:

(i) comparing the card's barcode to other legitimate barcodes; or

(ii) identifying patterns within legitimate state issued identification cards;

(b) a magnetic stripe card reader; or

(6) If the electronic age verification device or program described in Subsection (4) cannot verify an individual's proof of age, the applicable licensee shall:

(a) document:

(i) the type of proof of age;

(ii) the number assigned to the proof of age;

(iii) the expiration date of the proof of age;

(iv) the individual's name; and

(v) the individual's birth date; or

(b) use an alternate technology capable of reading the proof of age and retaining the information described in Subsections (6)(a)(ii) through (v).

(7)(a) An applicable licensee shall retain, for a period of seven calendar days:

(i) the information obtained from an individual's proof of age under Subsection (4) or (6); and

(ii) the time and date the proof of age was verified under Subsection (4) or presented under Subsection (6).

(b) An applicable licensee may not retain the information described in Subsection (7)(a) for more than seven calendar days.

(c) An applicable licensee may not use or retain the information collected under Subsection (4) or (6) for a purpose other than to verify an individual's proof of age.

History

KEY: alcoholic beverages
Date of Last Change: June 5, 2026
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-1-407

R82-5 General Retail License Provisions

Utah Admin. Code R82-5-101 Definitions

(1) Authority. This rule is made pursuant to Sections 32B-1-102 and 32B-2-202.

(2) As used in this rule:

(a) "Convention center" is a publicly or privately owned or operated facility:

(i) the primary business or function of which is to host conventions, conferences, and food and beverage functions under a banquet contract;

(ii) that has adequate kitchen or culinary facilities on the premises of the convention center to provide complete meals; and

(iii) that is in total at least 30,000 square feet.

(b) "Resort facility" is a publicly or privately owned or operated commercial recreational facility or area:

(i) that is designed primarily to attract and accommodate people to a recreational or sporting environment;

(ii) that is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract;

(iii) that has adequate kitchen or culinary facilities on the premises to provide complete meals; and

(iv) that has at least 1,500 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract that can accommodate a minimum of 100 people, provided that in cities of the third, fourth, or fifth class, unincorporated areas of a county, and towns, the Commission shall have the authority to waive the minimum function space size requirements.

(i) that is designed primarily to attract people to and accommodate people at sporting events;

(ii) that has a fixed seating capacity for more than 2,000 persons;

(iii) that is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract;

(iv) that has adequate kitchen or culinary facilities on the premises of the sports center to provide complete meals; and

(v) that has at least 2,500 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract that can accommodate a minimum of 100 people, provided that in cities of the third, fourth, or fifth class, unincorporated areas of a county, and towns, the Commission shall have the authority to waive the minimum function space size requirements.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-102 Licensing, Change of Ownership, and Change of License Location

(1) This rule is adopted pursuant to Section 32B-18-203, which authorizes the Department to make rules governing requirements for interim alcoholic beverage management agreements.

(2) Licenses are issued to persons. A licensee must communicate any contemplated action or transaction that may alter an organizational structure or ownership interest of the person to whom a license is issued to the Department so staff may ensure there is no violation of Section 32B Part 18.

(3) An interim alcoholic beverage management agreement is required if a buyer will be performing the day-to-day operations of the business before the Commission approves the transfer of the license from seller to buyer.

(4)(a) Before a retail licensee enters into an interim alcoholic beverage management agreement, it shall provide the proposed interim alcoholic beverage management agreement to the Department for its approval.

(b) The Department shall create a checklist of information that an interim alcoholic beverage management agreement must contain.

(c) The Department shall review a proposed interim alcoholic beverage management agreement and, no later than 15 business days after the day on which the agreement is received by the Department:

(i) approve the interim alcoholic beverage management agreement if it contains all the necessary information; or

(ii) return the proposed interim alcoholic beverage management agreement to the licensee, if the agreement is lacking in information or specificity, with guidance on how to remedy any errors or omissions.

(5) Once an interim alcoholic beverage management agreement is approved by the Department, the seller may allow the buyer to use their license to purchase alcoholic product from the Department, but revenue from the sale of alcohol during the transition period must be retained by the seller, less the cost of reimbursing the buyer for the cost of the alcoholic product paid to the Department.

(6) The seller must maintain the required bond, insurance, and business license during the transition period, as these are statutory requirements to hold a license, but the buyer may agree to reimburse the seller for any necessary costs incurred to maintain the bond, insurance, and business license.

(7) Nothing in this rule authorizes a licensee to close business without approval from the Department or Commission, as required by statute.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-103 Application

(1) No license or sublicense application will be included on the agenda of a monthly Commission meeting for consideration for issuance of a license until:

(a) The applicant has first met all requirements of sections 32B-1-304 and 32B-5-201 through 207; and

(b) the Department has inspected the applicant's premise(s).

(2)(a) All application requirements of subpart (1)(a) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of subpart (1)(a) must be filed on the next business day after the 10th day of the month.

(b) An incomplete application will be returned to the applicant.

(c) A completed application filed after the deadline in subpart (2)(a) of this rule will not be considered by the Commission that month, but will be included on the agenda of the Commission meeting the following month.

(3) Subpart (1)(a) of this rule does not preclude the Commission from considering an application for conditional licensure, pursuant to section 32B-5-205.

(4)(a) Applicants may apply for a Master Full-Service Restaurant or Master Limited Service Restaurant License, as defined by sections 32B-6-206 and 32B-6-306 so long as five or more locations are indicated as sublicenses on the application.

(b) The five or more locations described in subpart (4)(a) of this rule must be owned by the same person or entity.

(c) Locations that do not already have a full or limited service restaurant license must meet all requirements for licensing as a full service or limited service restaurant under subpart (1) of this rule.

(d) Once the master license is granted, the licensee may add additional locations by filing an application approved by the Department demonstrating that the location meets all application requirements under subpart (1) of this rul e.

(5) If an applicant has at any time been denied a license or permit based on the locality within which the proposed licensed premises is located, no further application from the applicant pertaining to the same premises or building location shall be considered unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(6) If an applicant has at any time been denied a license or permit based on the person's ability to manage and operate a retail license of the type for which the person is applying, no further application from the applicant shall be considered unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(7) If an applicant has at any time been denied a license based on the nature or type of retail operation of the proposed retail licensee, no further application shall be considered for that license type unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(8) If an applicant has at any time been denied a license or permit based on any other factor the Commission considers necessary, the Commission may, in its discretion determine under what circumstances in which a further application will be considered.

(9) The Commission may prescribe a time period between the denial and hearing a request for further application.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-104 Liquor Dispensing Systems

(1) Authority. This rule is made pursuant to Sections 32B-5-301 and 32B-5-304.

(2) Purpose. This rule describes:

(a) the minimum requirements for a liquor dispensing system required by Section 32B-5-304;

(b) how the Department approves a liquor dispensing system; and

(3) Definitions. As used in this rule:

(a) "Dispensing area" means a fixed structure, area, counter, or surface where an alcoholic beverage is stored, prepared, and dispensed.

(b) "Dispensing system" means a device that measures alcohol and dispenses alcohol in the selected measured amount.

(4)(a) A licensee may not install or use any liquor dispensing system for the automated mixing or dispensing of spirituous liquor unless the liquor dispensing system has been approved by the Department.

(b) After the Department's approval, a licensee may only change the licensee's liquor dispensing system with prior approval by the Department.

(5) The Department may approve a liquor dispensing system if the liquor dispensing system:

(a) dispenses spirituous liquor in calibrated quantities not to exceed 1.5 ounces;

(b) has a meter which counts the number of pours dispensed; and

(c) the margin of error of the liquor dispensing system for a one ounce pour size does not exceed 1/16 of an ounce or two milliliters.

(6) Liquor dispensing systems may be of various types, including:

(a) gun;

(b) a stationary head;

(d) an insertable spout;

(e) a ring activator; or

(f) a type similar to the types described in Subsections (6)(a) through (e).

(7)(a) The licensee is responsible for verifying that a liquor dispensing system, when initially installed, meets the specifications described in this rule.

(b) Once installed, the licensee shall maintain the liquor dispensing system to ensure that the liquor dispensing system continues to meet the approved specifications.

(c) Failure to maintain the liquor dispensing system may be grounds for suspension or revocation of the licensee's license.

(8)(a) A licensee shall:

(i) affix spirituous liquor bottles in use by a liquor dispensing system in the dispensing area to the liquor dispensing system;

(ii) lock spirituous liquor bottles in use with a remote storage alcoholic beverage dispensing system approved by the Department in a locked storage area identified on the licensee's floor plan; and

(iii) lock or secure spirituous liquor bottles attached to a liquor dispensing system in a place and manner that precludes the dispensing of spirituous liquor at times when liquor sales are not authorized by law.

(b) A licensee may not dispense or store a spirituous liquor bottle at a patron's table.

(9)(a) A liquor dispensing system:

(i) may not be utilized at patron's table;

(ii) may only be used at approved dispensing area;

(iii) shall avoid an in-series hookup that would permit the contents of spirituous liquor bottles to flow from bottle to bottle before reaching the dispensing spigot or nozzle;

(iv) may not dispense from or utilize containers other than original spirituous liquor bottles;

(v) shall prohibit the intermixing of different kinds of products or brands in the spirituous liquor bottles from which they are being dispensed; and

(vi) shall conform to federal, state, and local health and sanitation requirements.

(b)(i) Pursuant to federal law and Section 32B-4-420, liquor dispensed through a liquor dispensing system must be from its original container, and spirituous liquor bottles may not be reused or refilled with any substance.

(ii) The Commission adopts federal regulations 27 CFR 31.201 and 26 USC Section 5301 and incorporates them by reference.

(10)(a) A licensee shall keep daily records for each liquor dispensing system as follows:

(i) a list of brands of spirituous liquor dispensed through the liquor dispensing system;

(ii) the number of portions of spirituous liquor dispensed through the liquor dispensing system determined by the calculated difference between the beginning and ending meter readings or as electronically generated by the recording software of the dispensing system;

(iii) the number of portions of spirituous liquor sold; and

(iv) a comparison of the number of portions dispensed to the number of portions sold including an explanation of any variances.

(b)(i) Representatives of the Department, the State Bureau of Investigation, and any other law enforcement officer shall have access to a licensee's liquor dispensing system for inspection or testing purposes upon request.

(ii) A licensee shall furnish to the representatives, upon request, samples of the alcoholic products dispensed through any liquor dispensing system for verification and analysis.

(iii) A licensee shall make the records described in Subsection (10)(a) available for inspection and audit by the Department or law enforcement.

(c)(i) A licensee shall display in a prominent place on the licensed premises a list of the types and brand names of spirituous liquor being served through the licensee's liquor dispensing system.

(ii) A licensee meets the requirement under Subsection (10)(c)(i) by printing the list on an alcoholic beverage menu or by wall posting.

(11) The Department may:

(i) require the alteration or removal of any liquor dispensing system; or

(ii) require the licensee to clean, disinfect, or otherwise improve the sanitary conditions of any liquor dispensing system.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-105 Multiple-Licensed Facility Storage and Service

(1) For the purposes of this rule:

(a) "premises" as defined in section 32B-1-102 shall include the location of any licensed restaurant, limited restaurant, beer-only restaurant, bar, or on-premise beer retailer operated or managed by the same person or entity that are located within the same building or complex, and any similar sublicense located within the same building of a resort license or hotel license under Title 32B, Chapter 8 and 32B, Chapter 8b, respectively. Multiple licensed facilities shall be termed "qualified premises" as used in this rule.

(b) the terms "sell", "sale", "to sell" as defined in section 32B-1-102 shall not apply to a cost allocation of alcoholic beverages as used in this rule.

(c) "cost allocation" means an apportionment of the as purchased cost of the alcoholic beverage product based on the amount sold in each outlet.

(d) "remote storage alcoholic beverage dispensing system" means a dispensing system where the alcoholic product is stored in a single centralized location, and may have separate dispensing heads at different locations, and is capable of accounting for the amount of alcoholic product dispensed to each location.

(2) Where qualified premises have consumption areas in reasonable proximity to each other, the dispensing of alcoholic beverages may be made from the alcoholic beverage inventory of an outlet in one licensed location to patrons in either consumption area of the qualified premises subject to the following requirements:

(a) point of sale control systems must be implemented that will record the amounts of each alcoholic beverage product sold in each location;

(b) cost allocation of the alcoholic beverage product cost must be made for each location on at least a monthly or quarterly basis pursuant to the record keeping requirements of section 32B-5-302;

(c) dispensing of alcoholic beverages to a licensed location may not be made on prohibited days or at prohibited hours pertinent to that license type;

(d) if separate inventories of liquor are maintained in one dispensing location, the storage area of each licensee's liquor must remain locked during the prohibited hours and days of sale for each license type;

(e) dispensing of alcoholic beverages to a licensed location may not be made in any manner prohibited by the statutory or regulatory operational restrictions of that license type;

(f) alcoholic beverages dispensed under this section may be delivered by servers from one outlet to the various approved consumption areas or dispensed to each outlet through the use of a remote storage alcoholic beverage dispensing system.

(3) On qualified premises where each licensee maintains an inventory of alcoholic beverage products, the alcoholic beverages owned by each licensee may be stored in a common location in the building subject to the following:

(a) each licensee shall identify the common storage location when applying for or renewing their license, and shall receive Department approval of the location;

(b) each licensee must be able to account for its ownership of the alcoholic beverages stored in the common storage location by keeping records, balanced monthly, of expenditures for alcoholic beverages supported by items such as delivery tickets, invoices, receipted bills, canceled checks, petty cash vouchers; and

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-106 Order and Return Procedures

The following procedures shall be followed when a licensee orders liquor from or returns liquor to any state liquor store, package agency, or Department satellite warehouse:

(1)(a) The licensee must place the order in advance to allow Department personnel sufficient time to assemble the order.

(b) The licensee or employees of the licensee may not pick merchandise directly off the shelves of a state store or package agency to fill the licensee's order.

(c) The order shall include the business name of the licensee, Department licensee number, and list the products ordered specifying each product by code number and quantity.

(d) If the licensee utilizes the services of a liquor transporter, as described in section 32B-17-201, the licensee shall provide that information when the licensee places the order.

(2)(a) The licensee shall allow at least four hours for Department personnel to assemble the order for pick-up.

(b) When the order is complete, the licensee will be notified by phone and given the total cost of the order.

(d) The Department may make policies governing acceptable forms of payment, consistent with this rule.

(3) The licensee or the licensee's designee shall examine and sign for the order before it leaves the store, agency or satellite warehouse to verify that the product has been received.

(4) Merchandise shall be supplied to the licensee on request when it is available on a first come first serve basis. Discounted items and limited items may, at the discretion of the Department, be provided to a licensee on an allocated basis.

(5)(a) Spirituous liquor may be returned by the licensee for the original purchase price only under the following conditions:

(i) the bottle has not been opened;

(ii) the seal remains intact;

(iii) the label remains intact; and

(iv) upon a showing of the original cash register receipt.

(b) A restocking fee of 10% shall be assessed on the entire amount on any returned spirituous liquor order that exceeds $1,000. All spirituous liquor returned that is based on a single purchase on a single cash register receipt must be returned at the same time at a single store, package agency, or satellite warehouse location.

(c) Wine and beer may not be returned by the licensee for the original purchase price except upon a showing that the product was spoiled or non-consumable.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-107 Identification

(1) This rule is adopted pursuant to Section 32B-5-301.

(2) The purpose of this rule is to ensure that an individual who sells, dispenses, or provides alcoholic beverages is easily identifiable to a member of the public, Department staff, or law enforcement.

(3) Each employee of a retail on-premise licensee who sells, dispenses or provides alcoholic beverages shall wear a unique identification badge:

(a) On the front of the employee's clothing;

(b) visible above the waist;

(i) first or last name;

(ii) initials; or

(iii) a unique identification in letters or numbers; and

(d) with the unique letters or numbers not less than 3/8 inch high.

(4) Each manager of a retail, on-premise licensee who directly supervises employees who sell, dispense, or provide alcoholic beverages shall wear a unique identification badge that meets the requirements of Subsection (3).

(5) The on-premise retail licensee shall maintain a record of all employee badges assigned, which shall be available for inspection by any peace officer, or representative of the Department. The record shall include the employee's full name and address and a driver's license or similar identification number.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-108 Menus and Price Lists

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-6-406.

(2) Purpose. The purpose of this rule is to provide consumers with information and prevent discounting of alcohol or unlawful promotions.

(3) Application.

(a) A licensee shall have readily available for the licensee's patrons a printed or electronic alcoholic beverage price list or menu containing:

(i) current prices of all liquor, mixed drinks, wine, beer, and heavy beer; and

(ii) any charges for the service of packaged wines or heavy beer, including charges for the supply of glasses or chilling.

(b) A licensee or employee of a licensee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the licensed premises.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

Utah Admin. Code R82-5-109 Sale of Alcoholic Beverages by Licensees to Patrons

(1) Authority. This rule is made pursuant to sections 32B-6-205, 32B-6-305, 32B-6-406 and 407, 32B-6-505, 32B-6-605, 32B-6-706, 32B-6-805, 32B-6-905, and Title 32B, Chapters 8a and 8b.

(2)(a) A licensee that is required to maintain a percentage of food sales by statute shall maintain records separately showing quarterly expenditures and sales for beer, heavy beer, liquor, wine, set-ups, and food, as relevant to the licensee. These records shall be available for inspection and audit by representatives of the Department and maintained for a period of three years.

(b) If any inspection or audit discloses that the sales of food are less than statutorily required for any quarterly period or that a variety of food is not available for sale, depending on the requirements of the license, the Department shall immediately notify the licensee and may put the licensee on a probationary status and closely monitor the licensee's compliance with statutory requirements during the next quarterly period to determine that the licensee is able to prove to the satisfaction of the Department that of the licensee's food sales or food availability meet or exceed the required levels.

(c) Failure of the licensee to provide satisfactory proof of the required food percentage or availability of a variety of food for sale after notification, as described in subpart (2)(b) of this rule, may result in issuance of an order to show cause by the Department to determine why the license should not be revoked by the Commission, as described in R82-3-104.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-5-304; 32B-6-406

R82-6 Specific Retail Provisions

Utah Admin. Code R82-6-101 General Provisions

Reserved.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-201 Restaurants -- Grandfathered Bar Structures

(1) Authority. This rule is made pursuant to the general authority described in section 32B-1-102; the authority to make rules regarding full restaurants in sections 32B-6-202 and 32B-6-205; the authority to make rules regarding limited restaurants in sections 32B-6-302 and 32B-6-305; and the authority to make rules regarding for beer only restaurants found in section 32B-6-905.

(2) The purpose of this rule is to define terms for full service, limited, and beer only restaurant licenses as required by Title 32B, Chapter 6.

(3) Definitions.

(a) "Actively engaged in the construction of the restaurant" means that:

(i) a building permit has been obtained to build the restaurant; and

(ii) a construction contract has been executed and the contract includes an estimated date that the restaurant will be completed; or

(iii) work has commenced by the applicant on the construction of the restaurant and a good faith effort is made to complete the construction in a timely manner.

(b) "Remodels the grandfathered bar structure" means that:

(i) the grandfathered bar structure has been altered or reconfigured to:

(A) extend the length of the existing structure to increase its seating capacity; or

(B) increase the visibility of the storage or dispensing area to restaurant patrons.

(i) preclude making cosmetic changes or enhancements to the existing structure such as painting, staining, tiling, or otherwise refinishing the bar structure;

(ii) preclude locating coolers, sinks, plumbing, cooling or electrical equipment to an existing structure; or

(iii) preclude utilizing existing space at the existing bar structure to add additional seating.

(d) Pursuant to subsection 32B-5-303(3), the licensee must first apply for and receive approval from the Department for a change of location where alcohol is stored, served, and sold other than what was originally designated in the licensee's application for the license. Thus, any modification of the alcoholic beverage storage and dispensing area at a "grandfathered bar structure" must first be reviewed and approved by the Department to determine whether it is:

(i) an acceptable use of an existing bar structure; or

(ii) a remodel of a "grandfathered bar structure".

(e) "remodels the grandfathered bar structure or dining area" for purposes of subsection 32B-6-205.3(4)(a)(ii) means that:

(i) the grandfathered bar structure or dining area has been altered or reconfigured to:

(A) extend the length of the existing bar structure to increase its seating capacity; or

(B) increase the visibility of the storage or dispensing area to restaurant patrons from the dining area.

(f) "remodels the grandfathered bar structure or dining area" does not:

(i) preclude making cosmetic changes or enhancements to the existing bar structure such as painting, staining, tiling, or otherwise refinishing the bar structure;

(ii) preclude locating coolers, sinks, plumbing, cooling or electrical equipment to an existing structure; or

(iii) preclude utilizing existing space at the existing bar structure to add additional seating.

(g) Pursuant to subsection 32B-5-303(3), the licensee must first apply for and receive approval from the Department for a change of location where alcohol is stored, served, and sold other than what was originally designated in the licensee's application for the license. Thus, any modification of the alcoholic beverage storage, dispensing, or consumption area must first be reviewed and approved by the Department to determine whether it is:

(i) an acceptable use of an existing bar structure or dining area; or

(ii) a remodel of a "grandfathered bar structure or dining area".

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-202 Restaurants -- Alcoholic Flavorings

(1) Authority. This rule is made pursuant to the authority described in section 32B-1-102 and the authority to make rules regarding full restaurants in sections 32B-6-202 and 32B-6-205; the express authority to make rules regarding limited restaurants in sections 32B-6-302 and 32B-6-305; and the express authority to make rules regarding for beer only restaurants found in section 32B-6-905.

(2) Purpose. The purpose of this rule is to clarify the use of alcoholic products in food production.

(3) Restaurant licensees may use alcoholic products as in beverages only during the authorized selling hours under the restaurant liquor license.

(4) Alcoholic product flavoring may be used in the preparation of food items at any time if plainly and conspicuously labeled "cooking flavoring."

(5) No licensee employee under the age of 21 years may handle alcoholic product flavorings except when engaged in food preparation.

(6) Nothing in this rule authorizes a finished food product to contain alcohol in excess of 0.5% alcohol by volume, which would render it an alcoholic product subject to Title 32B.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-301 Reserved

Reserved.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-401 Bars -- Bar Licensing

(1)(a) At the time the Commission grants a bar establishment license the Commission must designate whether the bar establishment qualifies to operate as an equity, fraternal, or bar based on criteria in sections 32B-6-404 and 405.

(b) After any bar establishment license is granted, a bar establishment may request that the Commission approve a change in the bar establishment's classification in writing supported by evidence to establish that the bar establishment qualifies to operate under the new class designation based on the criteria in sections 32B-6-404 and 405.

(c) The Department shall conduct an investigation for the purpose of gathering information and making a recommendation to the Commission as to whether or not the request should be granted. The information shall be forwarded to the Commission to aid in its determination.

(d) If the Commission determines that the bar establishment has provided credible evidence to establish that it meets the statutory criteria to operate under the new class designation, the Commission shall approve the request.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-402 Bars -- Membership Fees and Monthly Dues

(1) Authority. This rule is pursuant to the Commission's powers and duties under section 32B-2-202 general licensing procedures and section 32B-6-405 for issuing an equity or fraternal bar establishment licenses, which authorizes the Commission to refuse to issue a license if the bylaws are not reasonable and consistent with the purpose of the type of license.

(2) Purpose. This rule furthers the intent of section 32B-6-407 that equity and fraternal clubs operate in a manner that preserves the concept that they are private and not open to the general public.

(3) Application of Rule.

(a) Each equity and fraternal club shall establish in its by-laws membership application fees and monthly membership dues in amounts determined by the club.

(b) An equity or fraternal club, its employees, agents, or members, or any person under a contract or agreement with the club, may not, as part of an advertising or promotional scheme, offer to pay or pay for membership application fees or membership dues in full or in part for a member of the general public.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-403 Bars -- Minors in Lounge or Bar Areas of Equity or Fraternal Licensees

(1) Authority. This rule is made pursuant to Section 32B-2-202.

(2) Purpose. The purpose of this rule is to clarify the meaning of "lounge or bar area" as used in Section 32B-6-406.

(3) Application. Under Section 32B-6-406, a minor may not be admitted into, use, or be in the lounge or bar area of an equity or fraternal licensee's licensed premises, which includes:

(a) the dispensing structure as defined in Section 32B-1-102;

(b) any area in the immediate vicinity of the dispensing structure where the sale, service, display, and advertising of alcoholic beverages is emphasized; and

(c) any area that is in the nature of or has the ambience or atmosphere of a bar, parlor, lounge, cabaret, or night club.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-404 Bars -- Sexually Oriented Entertainers and Stage Approvals

(1) Authority. This rule is pursuant to sections 32B-1-501 through 32B-1-506, which prescribe the attire and conduct of sexually-oriented entertainers in premises regulated by the Commission and require them to appear or perform only in a tavern or bar and only upon a stage or in a designated area approved by the Commission.

(2) Purpose. This rule establishes guidelines used by the Commission to approve stages and designated performance areas in a tavern or bar where sexually oriented entertainers may appear or perform in a state of seminudity.

(3) Definitions.

(a) "Seminude", "seminudity, or "state of seminudity" means a state of dress as defined in section 32B-1-102.

(b) "Sexually-oriented entertainer" has the same meaning as that term is defined in section 32B-1-102.

(4) Application of Rule.

(a) A sexually oriented entertainer may appear or perform seminude only on the premises of a tavern or bar.

(b) A tavern or bar licensee, or an employee, independent contractor, or agent of the licensee shall not allow:

(i) a sexually oriented entertainer to appear or perform seminude except in compliance with the conditions and attire and conduct restrictions of sections 32B-1-502 through 32B-1-506;

(ii) a patron to be on the stage or in the performance area while a sexually oriented entertainer is appearing or performing on the stage or in the performance area; and

(iii) a sexually-oriented entertainer to appear or perform seminude except on a stage or in a designated performance area that has been approved by the Commission.

(i) The following shall submit for Commission approval a floorplan containing the location of any stage or designated performance area where sexually-oriented entertainers appear or perform:

(A) an applicant for a tavern or bar license from the Commission who intends to have sexually-oriented entertainment on the premises;

(B) a current tavern or bar licensee of the Commission that did not have sexually-oriented entertainment on the premises when application was made for the license or permit, but now intends to have such entertainment on the premises; or

(C) a current tavern or bar licensee of the Commission that has sexually-oriented entertainment on the premises, but has not previously had the stage or performance area approved by the Commission.

(ii) The Commission may approve a stage or performance area where sexually-oriented entertainers may perform in a state of seminudity only if the stage or performance area:

(A) is horizontally separated from the portion of the premises on which patrons are allowed by a minimum of three (3) feet, which separation shall be delineated by a physical barrier or railing that is at least three (3) feet high from the floor;

(B) is configured so as to preclude a patron from:

(I) touching the sexually-oriented entertainer;

(II) placing any money or object on or within the costume or the person of any sexually-oriented entertainer;

(III) is configured so as to preclude a sexually-oriented entertainer from touching a patron; and

(IV) conforms to the requirements of any local ordinance of the jurisdiction where the premise is located relating to distance separation requirements between sexually-oriented entertainers and patrons that may be more restrictive than the requirements of subparts (4)(c)(i) and (ii) of this rule.

(iii) The person applying for approval of a stage or performance area shall submit with their application:

(A) a diagram, drawn to scale, of the premises of the business including the location of any stage or performance area where sexually-oriented entertainers will appear or perform;

(B) a copy of any applicable local ordinance relating to distance separation requirements between sexually-oriented entertainers and patrons; and

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-501 Airport Lounge -- Reserved

Reserved.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-601 On-Premise Banquet License Room Service -- 187 ml Wine Sales

(1) Authority. This rule is made pursuant to the Commission's powers and duties under Section 32B-2-202 to adopt and issue policies, rules, and procedures.

(2) Purpose.

(a) Pursuant to Section 32B-2-303, the Department may not purchase or stock spirituous liquor in containers smaller than 200 milliliters, except as described in Section 32B-2-303.

(b) Subject to Subsection (2)(a) and the conditions described in Subsection (3), the Commission allows the limited use of 187 milliliter bottles of wine as one form of room service sales by on-premise banquet licensees located in hotels and resorts.

(c) The conditions outlined in this section are imposed to ensure that the smaller bottle sales are limited to registered guests of sleeping rooms and are not offered to the general public.

(3) Application.

(a) The Department will not maintain a regular inventory of wine in the smaller bottle sizes, but will accept special orders for these products from an on-premise banquet licensee. Special orders may be placed with the Department's purchasing division, any state store, or any Type 2 or 3 package agency.

(b) The on-premise banquet licensee must order in full case lots and all sales are final.

(c) Sale and use of wine in the smaller bottle sizes is restricted to providing one form of room service to guests in sleeping rooms in the hotel or resort, and may not be used for other banquet catering services, kept in a minibar, or be sold to the general public.

(d) Failure of the on-premise banquet licensee to strictly adhere to the provisions of this rule is grounds for the Department to take disciplinary action against the on-premise banquet licensee.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-602 On-premise Banquet -- Reporting Requirement for Banquet Licensees

(1) Authority. This rule is made pursuant to Section 32B-6-605.

(2) Purpose. This rule establishes:

(a) the notice that an on-premise banquet licensee or sublicensee must give to the Department in advance of a scheduled banquet event so that the Commission, the Department, or a law enforcement officer may conduct a random inspection of a banquet to monitor compliance with alcohol laws; and

(b) the records to be maintained by an on-premise banquet licensee and sublicensee.

(3) Application.

(a) An on-premise banquet licensee or an on-premise banquet sublicense shall provide the Department advance notice of scheduled banquets in an electronic format at least 14 days before the scheduled event or immediately upon booking events with less than 14 days until the scheduled event.

(b) The electronic advance notice must include the following information for each event:

( i) the name of the host;

(ii) the specific location;

(iii) the dates;

(iv) the beginning and ending times;

(v) the number of attendees expected to attend;

(vi) the designation as either a private event or a privately sponsored event, including the specific type of event; and

(vii) for banquet events with an anticipated attendance of over 500 people, the control measures that will be implemented to prevent:

(A) minors from obtaining alcohol;

(B) overconsumption of alcohol;

(D) a person who has not paid an admission fee from entering a privately sponsored event.

(4) The licensee or sublicensee shall provide electronic notice of banquet event cancellations or modifications when the event is canceled or modified.

(5)(a) Upon request, the Department shall provide access to documents listing scheduled banquet events to a commissioner, authorized representative of the Department, or law enforcement officer for use as described in Subsection (2).

(b) The Department and law enforcement may use the scheduled banquet event documents only for the purposes stated in this rule.

(6) The Department shall retain a copy of any documents pertaining to scheduled banquet events for up to one year after the conclusion of the banquet event.

(7) The Department shall classify the documents containing the details of scheduled banquet events as protected under Section 63G-2-305 of the Government Records Management Act if, upon review, the Department determines that:

(a) the documents contain commercial information, the disclosure of which could reasonably be expected to result in unfair competitive injury to the licensee or sublicensee submitting the information, and the licensee or sublicensee submitting the information has a greater interest in prohibiting access than the public in obtaining access to the information; and

(b) the licensee or sublicensee claims business confidentiality and requests that the documents be classified as protected pursuant to Sections 63G-2-305 and 63G-2-309.

(9) An on-premise banquet licensee or sublicensee shall maintain a record of the following:

(a) the name and type of each event;

(b) the date and time of each event;

(d) the contract between the licensee or sublicensee and the host of each event;

(e) the percentage of ownership interest, if any, the host has in the banquet facility;

(f) the total number of guests attending each event;

(g) the total sales of spirituous liquor, wine, beer, heavy beer, and flavored malt beverages sold, served, or provided at each event;

(h) the price charged to the guests for each type of alcoholic product served at each event;

(i) the total sales of food served at each event;

(j) the purchase receipts for spirituous liquor, wine, heavy beer, beer, and flavored malt beverages; and

(k) the annual ratio of food sales to sales of spirituous liquor, wine, heavy beer, beer, and flavored malt beverages.

(10) Failure of an on-premise banquet licensee or sublicensee to timely file advance notice of scheduled banquet events or to retain the records as described in this rule may result in disciplinary action pursuant to Sections 32B-3-201 through 32B-3-207 and R82-3-102 and R82-3-103.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-701 On-Premise Beer Retailer -- Commission-Approved Activity

(1) This rule is adopted pursuant to Section 32B-6-702, which authorizes the commission to define by rule "commission-approved activity" related to an on-premise beer retailer license that is not a tavern.

(2) A "commission-approved activity," for which the commission may grant an on-premise beer retailer license that is not a tavern, includes the following leisure activities that do not involve the use of a dangerous weapon:

(a) A virtual version of any sport or activity enumerated in Subsection 32B-6-702(2)(a);

(b) A video arcade;

(d) Historic and Scenic Railway;

(e) Recreational climbing facility;

(f) Pickleball;

(g) Badminton;

(h) Bocce ball;

(i) An activity similar to the foregoing activities or similar to those specifically enumerated in Subsection 32B-6- 702(2)(a); and

(j) Any other activity that the commission deems recreational.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-801 Reception Center -- Reporting Requirement for Reception Center Licensees

(1) Authority. This rule is made pursuant to Section 32B-6-805.

(2) Purpose. This rule implements the requirement of Section 32B-6-805, which requires the Commission to provide by rule procedures for reception center licensees to report scheduled events to the Department to allow random inspections of events by authorized representatives of the Commission, the Department, or a law enforcement officer to monitor compliance with Utah alcoholic beverage control laws.

(3) Application.

(a) A reception center licensee shall file with the Department at the beginning of each quarter a report containing advance notice of events that have been scheduled as of the reporting date for that quarter.

(b)(i) The quarterly reports are due on or before January 1, April 1, July 1, and October 1 of each year and may be hand-delivered, submitted by mail, or submitted electronically.

(ii) If the licensee adds an event for a quarter after the licensee has already turned in the report, the licensee shall promptly contract the licensee's compliance officer to supplement the report.

(c) The report shall include the name and specific location of each event and the name of the third-party host of the event.

(d)(i) Upon request, the Department shall provide access to the reports to a commissioner, authorized representative of the Department, or law enforcement officer for use as described in Subsection (2).

(ii) The Department and law enforcement may use the scheduled banquet event documents only for the purposes stated in this rule.

(e) The Department shall retain a copy of each report for up to one year after submission of the report.

(f) Because any report filed under this rule contains commercial information, the disclosure of which could reasonably be expected to result in unfair competitive injury to the licensee submitting the information, and the licensee or sublicensee submitting the information has a greater interest in prohibiting access than the public in obtaining access to the report, the Department shall:

(i) deem a filed report to include a claim of business confidentiality and a request that the report be classified as protected pursuant to Sections 63G-2-305 and 63G-2-309; and

(ii) classify a filed report as protected pursuant to Section 63G-2-305.

(g) Failure of an on-premise banquet licensee or sublicensee to timely file a quarterly report under this rule may result in disciplinary action pursuant to Sections 32B-3-201 through 32B-3-207 and R82-3-102 and R82-3-103.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-802 Reception Center -- Agreement For Alcoholic Beverage Service and Table Service

(1) Authority. This rule is pursuant to the Commission's powers and duties under section 32B-2-202 to act as a general policymaking body on the subject of alcoholic beverage control and to set policy by written rules that prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored, and pursuant to section 32B-6-805

(2) Definitions. "Third Party Host" is a party that contracts with the reception center licensee to provide alcoholic beverage service at an event to be held on a specific date and time for a pre-arranged, guaranteed number of attendees at a negotiated price.

(a) With the exception of a nonprofit organization holding an event as described in section 32B-6-805, the reception center licensee may not contract with a third party host to hold an event that is open to the public where an alcoholic product is sold or offered for sale.

(b) With the exception of a nonprofit organization holding an event as described in section 32B-6-805, a third-party host may not collect a cover charge or entry fee for admission to the private event.

(c) With the exception of a nonprofit organization holding an event as described in section 32B-6-805, a third-party host may not receive any proceeds from the sale of alcoholic product from the event.

(d) A Reception Center Licensee may host an event for an immediate family member provided that the event is not an event that is open to the public where an alcoholic product is sold or offered for sale, and the Reception Center Licensee does not collect a cover charge or entry fee to the event.

(3) A wine service may be performed by the server at the patron's table. The wine may be opened and poured by the server.

(4) Beer and heavy beer, if in sealed containers, may be opened and poured by the server at the patron's table.

(5) A patron's table may be located in waiting, patio, garden and dining areas that are on the premises of the reception center, previously approved by the Department.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-901 Reserved

Reserved.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

Utah Admin. Code R82-6-1005 Hospitality Amenity Licensee Notice and Records

(1) Authority. This rule is made pursuant to Section 32B-6-1005.

(2) Purpose. The purpose of this rule is to specify:

(a) the notice requirements for a hospitality amenity licensee when providing alcoholic products free of charge or at a reduced rate for a reoccurring event or multiple events;

(b) the records a hospitality amenity licensee must use or maintain; and

(3)(a) Before holding reoccurring or multiple events where alcoholic products are furnished free of charge or at a reduced rate, a hospitality amenity licensee shall provide notice to the Department at least 14 days in advance of each event.

(b) The notice for each event shall include:

(i) the days, dates, and operating hours; and

(ii) the types of alcoholic products that will be furnished free of charge or at a reduced rate.

(4) A hospitality amenity licensee shall create a daily record with the following information:

(a) the name of each hospitality guest over 21 years old to whom the licensee:

(i) provides lodging for compensation, including money, hotel points, or other means; and

(ii) sells or furnishes an alcoholic product while the person is a guest;

(b) the total number of hospitality guests;

(d) the arrival and departure dates of each hospitality guest; and

(e) the amount of alcohol, wine, or heavy beer sold, served, or furnished to each hospitality guest.

(5) A hospitality amenity licensee shall:

(a) maintain the records described in Subsection (4) at the licensed premises for three years; and

(b) upon request, make the records described in Subsection (4) available to DABS or law enforcement for inspection.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-2-303; 32B-6-605; 32B-6-805; 32B-6-1005

R82-7 Off-Premise

Utah Admin. Code R82-7-102 Off-Premise Beer Retailer State License and Master Off-Premise Beer Retailer License

(1) The authority for this rule is Subsection 32B-2-202(1)(c) and Section 32B-7-408.

(2) The purpose of this rule is to establish:

(a) the criteria for issuing and denying licenses; and

(b) the process to apply for a master off-premise beer retailer state license.

(3) The application process is as follows:

(a) no license application will be included on the agenda of a monthly Commission meeting for consideration for issuance of a license unless:

(i) the applicant has submitted a complete application to the Department that meets the requirements of Sections 32B-7- 402 or 32B-7-408; and

(ii) the Department has completed an investigation and inspected the proposed licensed premises.

(b) A complete application includes the Department's application form and supplemental materials listed on the Department's application checklist.

(4)(a) An application for an on-premise or master on-premise license that meets the requirements of Subsection (3)(a) must be filed with the Department no later than the 10th day of the month in order to be put on that month's Commission meeting agenda;

(b) If the 10th day of the month is a Saturday, Sunday, or state or federal holiday, the application must be filed on the next business day after the 10th day of the month.

(d) A complete application filed after the deadline in Subsection (4)(a) will not be considered by the Commission that month, but will be put on the agenda of the Commission meeting for the following month.

(e) Subsection (2)(a) does not preclude the Commission from considering an application for a conditional license under the terms and conditions of Section 32B-7-406.

History

KEY: alcoholic beverages
Date of Last Change: October 27, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

R82-8 Resorts and Hotels

Utah Admin. Code R82-8-101 Definitions

(1) Authority. This rule is made pursuant to Sections 32B-1-102 and 32B-8d-102.

(2) Definitions.

(a) "Lounge or bar area" means:

(i) the dispensing structure as defined in Section 32B-1-102;

(ii) any area in the immediate vicinity of the dispensing structure where the sale, service, display, and advertising of alcoholic beverages is emphasized; or

(iii) any area that is in the nature of or has the ambience or atmosphere of a bar, parlor, lounge, cabaret, or night club.

(b) "Resort spa" means a facility within the boundary of a resort building that:

(i) provides professionally administered personal care treatments such as massages, facials, hair care, and nail care;

(ii) employs treatment providers properly licensed under Title 58, Occupations and Professions; and

(iii) holds a license to conduct business as a spa or similar operation under local licensing laws.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-8d-102; 32B-8-301; 32B-8b-401

Utah Admin. Code R82-8-102 Applicability of Rules

(1) Section 32B-8-401 requires that a person operating under a resort sublicense comply with the operational restrictions of Title 32B, Alcoholic Beverage Control Act, for the type of license applicable to the sublicense, except where otherwise provided. For example, a bar sublicensee must comply with the operational restrictions found in sections 32B-5-301 through 32B-5-309, 32B-5-311, and 32B-6-406 that are applicable to a bar licensee.

(2) This rule requires that a person operating under a resort sublicense comply with the operational restrictions found in any Commission rule for the type of license applicable to the sublicense, except where otherwise provided.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-8d-102; 32B-8-301; 32B-8b-401

Utah Admin. Code R82-8-103 Application for licensure -- Operational Requirements

(1)(a) Application. Pursuant to sections 32B-5-203 and 32B-8d-203, a resort spa sublicense is not required to file a separate application from the application for the resort license unless the resort spa sublicense is being sought after the resort license has already been granted.

(b) If a resort licensee seeks to add a resort spa sublicense after its resort license is granted, the application shall comply with section 32B-8d-203 and this rule.

(2) Minors in Lounge or Bar Areas.

(a) Pursuant to Section 32B-8d-205, a minor may be on the premises of a resort spa if accompanied by a person 21 years of age or older, but may not be admitted into, use, or be on the premises of any lounge or bar area of a resort spa.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-8d-102; 32B-8-301; 32B-8b-401

Utah Admin. Code R82-8-104 Designated Conveyance Areas Signage

(1) Authority. This rule is made pursuant to Sections 32B-8-401 and 32B-8b-301.

(2) Purpose. The purpose of this rule is to establish designated conveyance area signage requirements for a person licensed as a resort under Title 32B, Chapter 8, Resort License Act, or as a hotel under Title 32B, Chapter 8b, Hotel License Act.

(3) To clearly identify each designated conveyance area, a resort licensee or hotel licensee shall display a sign as described in Subsection (4) that:

(a) measures 8.5 inches by 11 inches in size;

(b) includes a map of all designated conveyance areas within the resort licensee or hotel licensee premises; and

(c) includes in large letters a statement that reads: "Alcoholic beverages may not be taken beyond a designated conveyance area."

(4) A resort licensee or hotel licensee shall prominently display the sign described in Subsection (3):

(a) at the beginning and ending of the designated conveyance area; and

(b) in at least one other location within the designated conveyance area.

History

KEY: alcoholic beverages
Date of Last Change: November 22, 2024
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-2-202; 32B-8d-102; 32B-8-301; 32B-8b-401

R82-9 Event Permits

Utah Admin. Code R82-9-101 Authority and Purpose

Pursuant to Section 32B-2-202, this rule governs issuing and denying event permits in accordance with Title 32B, Chapter 9, Event Permit Act.

History

KEY: alcoholic beverages, event permits
Date of Last Change: August 19, 2026
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406

Utah Admin. Code R82-9-102 Definitions

For purposes of Subsection 32B-9-303(2)(a), "conducting" means managing, controlling, hosting, or directing an event, including representing or being the designated agent for the event's alcoholic beverage service.

History

KEY: alcoholic beverages, event permits
Date of Last Change: August 19, 2026
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406

Utah Admin. Code R82-9-201 Application Requirements

(1) Authority. This rule is made pursuant to Section 32B-2-202.

(2)(a) A person applying for an event permit shall submit the person's event permit application to the Department no later than 15 calendar days before the event.

(b) The director may accept an application after the date described in Subsection (2)(a), if the director determines that:

(i) the ability to prevent alcohol sales to a minor, known interdicted person, or an intoxicated individual will not be compromised;

(ii) the ability to prevent alcohol from unlawfully entering or exiting the event premises will not be compromised; and

(iii) sufficient time exists to meet the law enforcement notice requirements under Section 32B-9-202.

History

KEY: alcoholic beverages, event permits
Date of Last Change: August 19, 2026
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406

Utah Admin. Code R82-9-201 1. Issuance of Event Permits

(1) Authority. This rule is made pursuant to Section 32B-2-202.

(2) Subject to Section R82-2-202, after reviewing an event permit application, the director may:

(a) issue the permit;

(b) deny the permit; or

(c) refer the application to the commission for a determination as to whether the event permit should be issued or denied.

(3) If the director denies an event permit, the director shall provide the applicant a written denial detailing the basis for the denial.

(4)(a) Upon receiving the written denial described in Subsection (3), an applicant may submit within ten calendar days a request for review by the commission.

(b) If at least three commissioners request to review the denial, the commission shall review the request:

(i) at the commission's next regularly scheduled commission meeting; or

(ii) if the event is scheduled to take place before the commission's next regularly scheduled commission meeting, at a special meeting scheduled by the commission.

(5) When issuing the event permit, the director may authorize separate locations for alcohol sales on different properties under one single event permit if each location for alcohol sales conforms to the requirements of Subsection 32B-9- 201(1).

History

KEY: alcoholic beverages, event permits
Date of Last Change: August 19, 2026
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406

Utah Admin. Code R82-9-202 Factors to Consider Before Issuance of Event Permits

(1) Authority. This rule is made pursuant to Section 32B-2-202.

(2)(a) Before the director issues an event permit, the director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise.

(b) The local authority may provide a recommendation as to whether an applicant is conducting a civic or community enterprise as part of the written consent of the local authority required under Section 32B-9-201.

(3) Except as provided in Subsection (4), the director may not issue an event permit unless the applicant sufficiently demonstrates in the application the following control measures will be implemented at the event:

(a) the event will have at least one location where an individual authorized by the permittee will verify a patron's proof of age before the patron is able to purchase an alcoholic beverage;

(b) each individual authorized to verify a patron's proof of age will have completed the alcohol server training seminar described in Section 26B-5-205 within three years before the date of the event;

(c) at least one individual who is authorized to verify a patron's proof of age will be required to supervise each location where an alcoholic beverage is sold or dispensed;

(d) the event premises will:

(i) be secured and delineated by a fence, wall, gate, or other physical structure; and

(ii) have secured entryways and exits;

(e) security will be provided by at least one police officer, hired security guard, organization staff member, or security volunteer for every 50 individuals estimated to be in the designated alcohol consumption area at one time to reasonably prevent:

(i) minors being sold or furnished alcohol at the event;

(ii) patrons being overserved alcohol at the event; or

(iii) patrons removing alcohol from the designated alcohol consumption area at the event; and

(f) if the event is a public event with 1,000 or more attendees where minors will be present or an outdoor event:

(i) any alcoholic beverage will be served in a readily identifiable cup or container distinct from the cup or container used for a non-alcoholic beverage;

(ii) dispensing and consumption of an alcoholic beverage will be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian;

(iii) a location where an individual is required to show proof of age before purchasing an alcoholic beverage will be separate from an alcoholic beverage sales and dispensing location; and

(iv) an individual authorized to verify proof of age at the event will issue a hand stamp or non-transferable wristband to an individual legally permitted to purchase an alcoholic beverage at the event.

(4) The director may modify any of the control measures described in Subsection (3) to be more or less stringent as a condition of issuing the event permit if the director reasonably determines that the modification will not increase the likelihood of minors being sold or furnished alcohol or attendees being overserved alcohol at the event.

(5) Notwithstanding Subsection (3), the director may not issue an event permit if the director determines that the event permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act.

(6) Failure of the event permittee to adhere to the control measures described in Subsection (3) at the event is grounds for the Department to take disciplinary action against the event permittee.

History

KEY: alcoholic beverages, event permits
Date of Last Change: August 19, 2026
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406

R82-10 Special Use Permits

Utah Admin. Code R82-10-101 Application

(1) Authority. This rule is made pursuant to the implicit authority Title 32B, Chapter 10, Special Use Permit Act, and the explicit authority of section 32B-2-202, which authorizes the Commission to make rules regarding the procedures and criteria for a permittee applicant.

(2) An application for a special use permit will only be included on the agenda of a monthly Commission meeting for consideration for issuance of a special use permit if:

(a) the applicant has first met all requirements of sections 32B-1-304 and 32B-10-202 and 32B-10-205, including submission of a completed application, payment of application and permit fees if required for the type of permit being sought, statement of purpose for which the applicant applies for the permit, types of alcoholic product the person intends to use under the permit, written consent of local authority, a bond if required, and a floor plan if required; and

(b) the Department has inspected the premise where the applicant intends to utilize the permit.

(3)(a) All application requirements of subpart (2)(a) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of subpart (2)(a) must be filed on the next business day after the 10th day of the month.

(b) An incomplete application will be returned to the applicant.

c) A completed application filed after the deadline in subpart (3)(a) of this rule will not be considered by the Commission that month, but will be included on the agenda of the Commission meeting the following month.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-102 Direct Delivery

(2) Industrial, manufacturing, scientific, educational, and health care special use permittees may purchase alcohol directly from the manufacturer and have it shipped directly to the permittee's address, provided the alcohol is used for industrial, manufacturing, scientific, educational, or health care purposes.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-201 Reserved

Reserved.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-301 Public Service Permittee Operating Guidelines

(2) A public service permittee that operates on an interstate basis may purchase liquor outside of the state and bring it into the state and purchase liquor within the state and sell, store and serve it to passengers traveling on the permittee's public conveyance for consumption while en route on the conveyance. However, all liquor utilized within a public service permittee's hospitality room must be purchased from a state liquor store or package agency within this state.

(3) All liquor transported from outside the state to the permittee's storage facility shall be carried in sealed conveyances which may be inspected at any time by the Department.

(4) A public service permittee shall keep available and open for audit during regular business hours, complete and accurate records of alcoholic product shipments to and from their storage facility. Records shall be kept for a minimum of three years.

(5) A public service permittee shall allow the Department, through its auditors or examiners, to audit all records relating to the storage, sale, consumption and transportation of alcoholic products by the permittee.

(6) All public service permittees which utilize a hospitality room shall display in a prominent place a "warning sign," as defined in R82-1-102.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-401 Industry Rep Special Use

(2) No license application will be included on the agenda of a monthly Commission meeting for consideration for issuance of a local industry representative license until the applicant has first met all requirements of sections 32B-1-304 and 32B- 11-606, and 32B-11-604, including submission of a completed application, payment of application and licensing fees, verification the person is a resident of Utah, a Utah partnership, a Utah corporation, or a Utah limited liability company, and an affidavit stating the name and address of any manufacturer, supplier, or importer the person will represent.

(3)(a) All application requirements of subpart (2) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of subpart (2)(a) must be filed on the next business day after the 10th day of the month.

(b) An incomplete application will be returned to the applicant.

(c) A completed application filed after the deadline in subpart (3)(a) of this rule will not be considered by the Commission that month, but will be included on the agenda of the Commission meeting the following month.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-402 Industry Participation in Educational Seminars Involving Liquor, Wine, and Heavy Beer

(1) Authority. This rule is pursuant to sections 32B-4-401 and 32B-4-701 through 32B-4-708. These provisions: preclude an industry member from selling, shipping, transporting, furnishing or supplying or causing the selling, shipping, transporting, furnishing or supplying of liquor, wine, and heavy beer products to another within this state other than the Department, a military installation, a holder of a special use permit to the extent authorized in the permit, and a bonded liquor warehouse; preclude an industry member from supplying anything of value except as allowed by law; preclude an industry member from giving away any of its alcoholic products to any person except for testing, analysis, and sampling purposes by the Department and local industry representative licensees to the extent authorized by 32B, Chapter 10, Special Use Permit Act; allow an industry member to participate in educational seminars involving the Department, retailers, holders of educational or scientific special use permits, or other industry members under certain conditions, but preclude the use of samples at such seminars; and allow an industry member to serve alcoholic products to others at a private social function hosted by the industry member so long as the product is not served as part of a promotion of the industry member's products or as a subterfuge to provide samples to others for product testing, analysis, or sampling purposes.

(2) Definitions. For purposes of this rule:

(a) "Educational seminar" means an educational class involving the study of alcoholic beverages attended only by students who have registered in advance for the course, a privately-hosted event or social function held by a private group engaged in the study of alcoholic beverages, and a private training session held by a retailer for the purpose of educating the retailer and the retailer's employees of the qualities and characteristics of alcoholic beverages. An educational seminar does not include a seminar to which the general public is invited to attend.

(b) "Industry member" means a liquor, wine or heavy beer manufacturer, supplier, importer, wholesaler, or any of its affiliates, subsidiaries, officers, directors, agents, employees, or representatives.

(c)(i) "Private event" means a specific social, business, or recreational event for which an entire room, area, or hall is leased , rented, or reserved, in advance by an identified group, and the event is limited in attendance to people who are specifically designated and their guests.

(ii) "Private event" does not include an event to which the general public is invited whether for an admission fee or not.

(d) "Retailer" means the holder of an alcoholic beverage license or permit issued by the Commission to allow the holder to engage in the sale of alcoholic beverages to consumers, or any of the holder's agents, officers, directors, shareholders, partners, or employees.

(e)(i) "Sample" means liquor, wine and heavy beer that is placed in the possession of the Department for testing, analysis, and sampling by the Department, or for testing, analysis, and sampling by local industry representatives on the premises of the Department. Samples are furnished by industry members to the Department for these purposes at no cost, and are labeled by the Department as samples.

(ii) Sample does not include liquor, wine and heavy beer that is sold by the Department at retail after taxes and markup have been included.

(3) General Purpose. This rule authorizes industry representatives, under certain restrictions, to attend and participate in educational seminars where liquor, wine and heavy beer products are analyzed, tested, and tasted.

(4) Application of Rule.

(a) An industry member may attend and participate in an educational seminar where liquor, wine and heavy beer products are analyzed, tested, and tasted only as the invited guest of the host of the seminar. An industry member may not directly or indirectly host, organize, or otherwise arrange for an educational seminar where such products are present.

(b) Liquor, wine and heavy beer products used at an educational seminar must be purchased by the host from the Department at full retail. An industry member may not directly or indirectly furnish or otherwise provide the liquor, wine and heavy beer products for the seminar. No liquor, wine or heavy beer samples may be present or used at an educational seminar. Tastings involving samples may occur only on the Department's premises in accordance with section 32B-4-705.

(c) An industry member may be invited by the host to lecture, and analyze, test, and taste the liquor, wine and heavy beer products during the industry member's presentation at an educational seminar.

(d) An educational seminar where liquor, wine and heavy beer products are present may not be used by an industry member to introduce retailers to new products which are not presently listed by the Department for sale in this state.

(e) An educational seminar may not be open to the general public.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-501 Educational Wine Judging Seminars

(1) Definition of Applicant. An applicant is any person or organization who is applying for an educational wine judging seminar permit, whose purpose is to inform and educate about the qualities and characteristics of wines.

(2) Application. The applicant must meet the requirements and qualifications for a scientific or educational special use permit found in sections 32B-1-304 and 32B-10-202. In addition, the applicant must submit to the Department a detailed proposal of the seminar which must include the qualifications of the judges, the number of wines being submitted by the wineries, and the location of the seminar. Additional information may be requested by the Commission or Department to properly evaluate the application.

(3) The applicant must post a cash or corporate surety bond in the penal sum of $1,000 payable to the Department, which the permittee has procured and must maintain for as long as the permittee continues to operate as a special use permittee. The bond shall be in a form approved by the attorney general, conditioned upon the permittee's faithful compliance with 32B, Chapter 10, Special Use Permit Act and the rules of the Commission. If the surety bond is canceled due to the permittee's negligence, a $300 reinstatement fee may be assessed. No part of any cash bond so posted may be withdrawn during the period the permit is in effect. A bond filed by a permittee may be forfeited if the permit is finally revoked.

(4) The application for the educational wine judging seminar permit must be completed and submitted 90 days before the seminar date.

(5) Restrictions. Any person granted an educational wine judging seminar permit must meet the following requirements and restrictions:

(a) The techniques used in judging the wines must meet internationally accepted techniques of sensory or laboratory evaluation, and the wines used may not be consumed.

(b) All unopened bottles must be returned to the Department and any wine product residual in open bottles must be destroyed by the permittee.

(c) The educational wine judging seminar permit has an automatic expiration date of three days following the scheduled ending date of the seminar.

(d) The permittee must comply with R82-1-104 regarding advertising of the seminar.

(6) Procedures for Handling the Seminar.

(a) The permittee must order all wines used in the seminar from the Department. The Department will order the wines from the wineries designating on the order that they are for a wine judging seminar. The permittee must make prior arrangements with the wineries to have the wines sent to the Department at no charge and freight prepaid.

(b) The wines will be entered into the Department's accounting system at no cost and will be given a special Department number, designating the wines as those to be used with an educational wine judging seminar permit and not to be consumed.

(c) The wines will be delivered to the permittee from the Department. After the seminar, the permittee will return all unopened bottles of wine to the Department and the permittee will destroy any other residual wine products left. The permittee will pay to the Department a fee of two dollars for every bottle of wine used in the judging seminar.

(d) All wines returned to the Department become the property of the state and will be destroyed under controlled conditions or will be given a new Department number and sold in the state's retail outlets, which profits will be property of the state.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-10-601 Religious Wine Permits

(1) Authority. This rule is made pursuant to the implicit authority Title 32B, Chapter 10, Part 6, Religious Use of Alcoholic Products, and the explicit authority of section 32B-2-202, which authorizes the Commission to make rules regarding the procedures and criteria for a permittee.

(2) Purpose. This rule outlines the procedures for a religious wine permit holder to purchase wine for religious purposes, and the procedures Department personnel shall follow to process the purchase.

(3) Application of Rule.

(a) The permit holder may purchase any generally listed wine directly off the shelf of any state store or package agency at a charge of cost plus freight. The cashier shall first verify that the purchasing religious organization is a holder of a permit on file in the Department's licensee or permittee data base. The cashier shall determine the cost plus freight price of the wine. The wine may be purchased only with cash or a check belonging to the religious organization, and not with an individual's personal check or credit card. Checks shall be deposited in the ordinary course of business with other checks.

(b) The permit holder may order wine for religious purposes directly from a winery and have the winery ship the wine prepaid at a charge of cost plus freight to the Department's central administrative warehouse. The warehouse shall deliver the wine to the state store or package agency nearest to the permit holder's church. The state store or package agency shall notify the permit holder when the product is available for pick-up.

(c)(i) The permit holder may place a special order for wines not generally listed by the Department only if the winery will not sell directly to the permit holder.

(ii) Special orders may be placed only with the special order clerk at the Department's administrative office.

(iii) No special orders may be placed with a state store or package agency.

(iv) The special order clerk shall verify that the purchasing religious organization is on file in the Department's licensee or permittee data base, place the order, assign it a special order code number, assess a charge of cost plus freight, and have the wine delivered to the state store or package agency nearest to the permit holder's church.

(v) The state store or package agency shall notify the permit holder when the product is available for pick-up.

(vi) All procedures for processing the purchase that are outlined in (3)(a) above shall be followed by the state store or package agency to complete the sale.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

R82-11 Manufacturing

Utah Admin. Code R82-11-101 Authority, Purpose, Definition

(1) This rule is enacted pursuant to sections 32B-2-202, which authorizes the Commission to make rules governing criteria and procedures for licensure, 32B-11-208, which authorizes the Commission to make rules regarding the general operational requirements of a manufacturing licensee, and 32B-11-210, which authorizes the Commission to define "educational information."

(2) The purpose of this rule is to provide guidance to manufacturing licensees who wish to provide tastings.

(3) "Educational Information" means a presentation of information whose primary purpose is imparting knowledge related to the history, culture, significance, agriculture, manufacture, flavor profile, the effects of alcohol, or any combination of the foregoing.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-11-102 Application Guidelines

(1) This rule is enacted pursuant to sections 32B-2-202, which authorizes the Commission to make rules governing criteria and procedures for licensure, and 32B-11-208, which authorizes the Commission to make rules regarding the general operational requirements of a manufacturing licensee.

(2) The purpose of this rule is to provide guidance to prospective manufacturing licensees.

(3) No license application will be included on the agenda of a monthly Commission meeting for consideration for issuance of a manufacturing license until:

(a) A complete application including all documents and supplemental materials listed on the Department's application checklist have been submitted to the Department.

(b) the Department has inspected the manufacturer premise; and

(4)(a) All application requirements of subpart (2)(a) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of subpart (2)(a) must be filed on the next business day after the 10th day of the month.

(b) An incomplete application will be returned to the applicant.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-11-103 Out of State Business

(1)(a) Purpose. Pursuant to section 32B-11-201, brewers located outside the state must obtain a certificate of approval from the Department before selling or delivering beer containing an alcohol content of less than 4% alcohol by volume before November 1, 2019 and less than 5% alcohol by volume on or after November 1, 2019 to licensed beer wholesalers in this state, or if a small brewer, to licensed beer wholesalers or retailers in this state. These certificates must be renewed annually.

(b) In addition to issuing certificates of approval to brewers who actually produce the beer, the Department has also issued certificates to (1) importers that hold federal permits, and have the contractual rights to distribute and market beer for foreign breweries; and (2) marketing agents that distribute and market beer for domestic breweries. The Department has also allowed brewers with a certificate of approval to market the products on behalf of other brewers under that certificate. However, this has resulted in a loss of direct regulatory authority over the breweries that actually produce the beer.

(c) This rule ensures that each producer of beer obtain its own certificate of approval to allow its beer to be sold or delivered in this state.

(2) Application of Rule.

(a) A certificate of approval to sell or deliver beer in this state under section 32B-11-201 may be issued only to the company that is ultimately responsible for producing the beer. The company holding the certificate may not allow another brewery to sell or deliver beer to this state under the certificate holder's certificate. A certificate of approval may not be issued to any third party such as an importer or marketing agent that does not actually manufacture or produce alcoholic beverages.

(b)(i) This rule does not preclude the company that holds the certificate of approval from having its brand of beer produced by another brewery under contract under the brand name of the certificate holder's company.

(ii) A certificate holder is responsible to ensure that any beer produced by the contract-brewery complies with the alcoholic beverage laws of this state and any violations committed by the contract brewery will be the responsibility of the certificate holder.

(c)(i) A distillery or winery that has beer produced for it by a brewery under contract under the distillery's or winery's brand name is deemed to be a "brewery" for purposes of section 32B-11-201, and may be issued a certificate of approval.

(ii) A distillery or winery described in Subsection (2)(c)(i) is responsible to ensure that any beer produced by the contract-brewery complies with the alcoholic beverage laws of this state. Any violations committed by the contract brewery will be the responsibility of the distillery or winery that holds the certificate.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

R82-13 Wholesaler

Utah Admin. Code R82-13-101 Application

(1)(a) The authority for this rule is implied in Title 32B, Chapter 13, Beer Wholesaling License Act and explicit in section 32B-2-202, which authorizes the Commission to make rules governing criteria and procedures for licensure.

(b) The purpose of this rule is to clarify the process by which a person applies for a beer wholesaler license.

(2) No license application will be included on the agenda of a monthly Commission meeting for consideration for issuance of a beer wholesaler license until:

(a) The applicant has first met all requirements of sections 32B-1-304 (qualifications to hold the license), and 32B-13-202, 32B-13-204 and 32B-13-206 (submission of a completed application, payment of application and licensing fees, written consent of local authority, copy of current local business license(s) necessary for operation as a beer wholesaler license, a bond, a statement of the brands of beer the applicant is authorized to sell and distribute, statement of the territories in which the applicant is authorized to sell and distribute beer under an agreement required by 32B-11-201 or 32B-11-503, and public liability insurance); and

(b) the Department has inspected the beer wholesaler premise.

(b) An incomplete application will be returned to the applicant.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-13-102 Transfer of a Wholesale License, Conditions of Transfer, Change of Trade Name

(b) The purpose of this rule is to clarify the process by which a person applies for a beer wholesaler license.

(2)(a) The holder of one or more wholesaler licenses may assign and transfer the license to any qualified person in accordance with the provisions of these rules.

(b) Notwithstanding Subsection (2)(a), no assignment and transfer may result in both a change of license and change of location.

(3) The holder of the wholesaler license shall first execute a proposed assignment and transfer of the license. The assignee or transferee shall apply to the Commission for approval of the assignment and transfer, and shall furnish any information the Commission may require.

(4) The assignment and transfer shall not be of any force and effect until the Commission has approved it.

(5) The assignee or transferee shall not take possession of the premises, or exercise any of the rights of a license until the Commission has approved the assignment and transfer.

(6) No assignment and transfer shall be made within 30 days after the holder of a wholesaler license has been granted a change of location.

(7) No change of location shall be granted within 90 days after assignment and transfer of a wholesaler license.

(8) In approving any assignment and transfer of a wholesaler license, the Commission may impose special conditions relating to any future connection of the former licensee or any of his or her employees with the business of the assignee or transferee.

(a) Before the imposition of any special conditions, the Commission shall hold a hearing to allow the former licensee or any of his or her employees to attend and provide information to the Commission.

(b) The Commission shall provide written notice to all parties involved at least 10 days before the hearing.

(9) No wholesaler license may be assigned to any person who does not qualify for the license under sections 32B-1-304 and 32B-13-202 through 206.

(10)(a) A change of trade name may coincide with the transfer of the wholesaler license, with the Commission's approval.

(b) Any licensed wholesaler may adopt a trade name or change the trade name by applying to the

Commission on forms provided by the Department and upon receiving the Commission's approval.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

Utah Admin. Code R82-13-103 Change in Partners

(1) The authority for this rule is implied in Title 32B, Chapter 13, Beer Wholesaling License Act and explicit in section 32B-2-202, which authorizes the Commission to make rules governing criteria and procedures for licensure.

(2) If the wholesaler licensee is a partnership, the sale of a partnership interest or any change in partners shall be considered an assignment and transfer of the wholesaler license held by one partnership within the meaning of R82-13-103.

(3) However, if the wholesaler licensee is a partnership, and a partner should die dissolving the partnership, that partnership license shall remain in effect on a temporary basis for one month, unless or until the Commission directs otherwise.

History

KEY: alcoholic beverages
Date of Last Change: February 25, 2020
Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202

R82-14 Liquor Transport Licensees

Utah Admin. Code R82-14-101 Definitions

Reserved.

History

KEY: alcoholic beverages, liquor transport
Date of Last Change: September 3, 2026

Utah Admin. Code R82-14-102 Application for License or Change of Ownership

(1) Authority. This rule is made pursuant to Section 32B-2-202 and Title 32B, Chapter 17, Liquor Transport License Act.

(2) Application.

(a) Except as provided in Subsection (2)(a), an applicant for a liquor transport license or change of ownership of a liquor transport license shall file an application that meets all application requirements with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda.

(b) If the 10th day of the month is a Saturday, Sunday, or state or federal holiday, an applicant for a liquor transport license or change of ownership of a liquor transport license shall file an application that meets all application requirements with the Department on the next business day after the 10th day of the month.

(c) An incomplete application will not be processed until any revisions required by the Department are made and resubmitted.

(d) An application that meets all application requirements and is filed after the day of the month described in Subsection (2) will not be considered by the Commission that month but will be included on the agenda of the Commission meeting the following month.

History

KEY: alcoholic beverages, liquor transport
Date of Last Change: September 3, 2026

Utah Admin. Code R82-14-103 Operational Requirements

(1) Authority. This rule is made pursuant to Section 32B-2-202 and Title 32B, Chapter 17, Liquor Transport License Act.

(2)(a) Use of Funds. A liquor transport licensee that picks up liquor from a package agency or state store on behalf of a retail licensee or airport licensee using the retail licensee or airport licensee's funds may pay for the liquor only with:

(i) a check written and signed by the retail licensee or airport licensee;

(ii) a money order issued on behalf of the retail licensee or airport licensee; or

(iii) a credit card on which the retail licensee or airport licensee and the liquor transport licensee are both legally named.

(b) A retail licensee or airport licensee may pay a package agency or state store in advance for liquor that will be picked up by a liquor transport licensee on behalf of the retail licensee or airport licensee.

(3)(a) Recordkeeping. Before the day on which a liquor transport licensee picks up liquor on behalf of a retail licensee or airport licensee, the liquor transport licensee shall provide the package agency or state store with a written authorization to pick up the liquor signed by the retail licensee or airport licensee.

(b) A liquor transport licensee shall maintain the following records:

(i) any contract between the liquor transport licensee and a retail licensee or airport licensee;

(ii) a copy of a receipt provided by the liquor transport licensee and signed by a retail licensee or airport licensee that indicates the liquor was received;

(iii) a list of any product that is broken or lost while in the liquor transport licensee's possession; and

(iv) a transaction log documenting the purchases and transport of liquor between the liquor transport licensee and a retail licensee or airport licensee that includes:

(A) the date the liquor was purchased;

(B) which licensee paid for the liquor;

(D) the date and time the liquor was picked up from the retail store; and

(E) the date and time the liquor was delivered to the retail licensee or airport licensee.

(c) A liquor transport licensee shall keep a record required under this rule current and available to the Department for auditing purposes for three calendar years.

(4)(a) Audits. The Department shall audit a liquor transport licensee at least once each fiscal year and may conduct additional audits if deemed necessary.

(b) A liquor transport licensee is subject to a Department audit at any time.

History

KEY: alcoholic beverages, liquor transport
Date of Last Change: September 3, 2026