UTAH LAWS RELATED TO ALCOHOL SALES

All alcohol serving establishments and employees located in Utah are bound by the provisions of Utah Code Title 32A (also known as the Alcoholic Beverage Control Act).  Furthermore, county governments and municipal governments have their own rules and regulations that cover establishments located in their jurisdiction.

An establishment that is located in the unincorporated county is bound by the county rules.  An establishment that is located in the incorporated city limits of a municipality regardless of county location, is bound by the municipal rules. However, Utah state law always pre-empts any county or municipal law even if the state law is less strict.

Alcohol Classification

Utah Code classifies alcohol as either:

– Liquor (distilled spirits, beer, wine) if over 3.2% alcohol by weight

OR

– Beer (beer only) if under 3.2% alcohol by weight

The maximum amount of primary liquor permitted in a single mixed drink is 1.5oz. The total amount of liquor permitted in a single mixed drink that includes both primary liquor and secondary flavoring is 2.5oz.

The maximum amount of wine permitted to be sold by the glass is 5oz.

The maximum amount of beer permitted to be sold by open container is 1liter.

Utah Code Title 32A stipulates what business enterprises may engage in the sale of alcohol, and further places restrictions on the location, time, quantity, and type of alcoholic beverages that can be sold.

It is the intent of the state legislature and the Dept. of Alcoholic Beverage Control to make certain alcohol is handled responsibly and kept out of the reach of minors.

Liquor Distribution & Control

All individuals and commercial entities who want to sell alcohol must obtain the proper license from the Dept. of Alcoholic Beverage Control and abide by the specific laws pertaining to the license.

In order for an individual or commercial entity to obtain a license, they must be 21 years of age, pass a criminal background check, obtain approval from their local municipal government, obtain the required liability insurance of $1,000,000, and pay the appropriate application and license fees.

The location of the alcohol sales must be 600′ from an educational, religious, park, or other community location. If located within the 600′ range, the business can apply to the Dept. of Alcoholic Beverage Control for a variance.

Liquor Distribution & Control

The Dept. of Alcoholic Beverage Control will issue licenses to the following types of business entities:

– State Stores (actually owned and operated by the Dept. of Alcoholic Beverage Control)

– Restaurants (subdivided into Full Service, Limited Service, and Beer Only)

– Airport Lounges

– Package Agencies

– Resorts

– Clubs

– Banquette Halls

– Beer Retailers

– Reception Centers

– Recreational Amenity

In addition to the above, the Dept. of Alcoholic Beverage Control will also issue temporary licenses for the short term sale of alcohol. These include:

– Special Event

– Single Event

Clubs and beer retailers may be considered taverns if their alcohol sales exceed food sales.

Liquor Distribution & Control

    Restaurants – Full Service

Restaurant liquor licenses are issued for the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is engaged primarily in serving meals to the general public. The maximum number of licenses allowed is one per 4925 people in the state.

Patrons may only purchase alcoholic beverages in conjunction with an order for food that is prepared, sold, and served at the restaurant. Each restaurant must maintain at least 70% of its total business from the sale of food (not including expensive bottles of wine costing $250+).

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, and may not purchase alcoholic beverages on behalf of patrons.

Restaurants may sell alcohol they purchase from state stores or package agencies. Customers must be 21 years of age to purchase or consume alcohol. The restaurant must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Wine bottles no larger than 1.5 liters may be sold to tables of 4+ patrons. Tables of less than 4 patrons bottles of 750ml is the maximum bottle size.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

Alcohol classified as liquor may be served between 11:30am to 12am.

Alcohol classified as beer may be served between 11:30am to 1am.

Liquor Distribution & Control

    Restaurants – Limited Service

Restaurant liquor licenses are issued for the storage, sale, service, and consumption of wine, heavy beer, and beer on the premises of a restaurant that is engaged primarily in serving meals to the general public. The maximum number of licenses allowed is one per 8373 people in the state.

Patrons may only purchase alcoholic beverages in conjunction with an order for food that is prepared, sold, and served at the restaurant. Each restaurant must maintain at least 70% of its total business from the sale of food (not including expensive bottles of wine costing $250+).

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, and may not purchase alcoholic beverages on behalf of patrons.

Restaurants may sell alcohol they purchase from state stores or package agencies. Customers must be 21 years of age to purchase or consume alcohol. The restaurant must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Wine bottles no larger than 1.5 liters may be sold to tables of 4+ patrons. Tables of less than 4 patrons bottles of 750ml is the maximum bottle size.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

Alcohol classified as liquor may be served between 11:30am to 12am.

Alcohol classified as beer may be served between 11:30am to 1am.

Liquor Distribution & Control

    Restaurants – Beer Only

Beer Only Restaurant liquor licenses are issued for the storage, sale, service, and consumption of beer on the premises of a restaurant that is engaged primarily in serving meals to the general public. No other alcohol is permitted to be served or sold – only beer. Beer may never be sold at a discounted price. Beer must be stored and poured in an area not visible to patrons. There is no quota for this license type.

Patrons may only purchase beer in conjunction with an order for food that is prepared, sold, and served at the restaurant. Each restaurant must maintain at least 70% of its total business from the sale of food.

Employees who serve beer must be 21 years old, wear a name badge, may not consume beer while on the job, may not purchase beer on behalf of patrons, and must keep a written beverage tab for each table.

Restaurants may sell beer they purchase from state stores or package agencies. Patrons must be 21 years of age to purchase or consume beer. Patrons must consume beer while eating food at their table or a bar area.

Beer may only be served between 11:30am to 1am.

Beer may not be consumed between 2am to 11:30am.

Liquor Distribution & Control

    Restaurants

Restaurants may serve alcoholic beverages at tables, counters, and grandfathered bars. Minors may not sit at a bar or remain in the bar area.

Sealed liquor bottles may be stored in open view of customers, but opened liquor bottles must be kept out of view.

Bar areas must have a solid partition blocking them off from the main eating area.

If accompanied by their parents at a table or counter, a minor may not witness mixed drinks being made if their parents order them.

Liquor Distribution & Control

    Airport Lounges

Airport Lounge liquor licenses are issued for the storage, sale, service, and consumption of alcoholic beverages on the premises of a public airport lounge in an international airport with a US Customs office. One airport lounge is permitted per every 2,500,000 passengers handled by the airport. Airport lounges must be located behind the security checkpoint.

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, and may not purchase alcoholic beverages on behalf of patrons.

Restaurants may sell alcohol they purchase from state stores or package agencies. Customers must be 21 years of age to purchase or consume alcohol. The restaurant must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Wine bottles no larger than 1.5 liters may be sold to tables of 4+ patrons. Tables of less than 4 patrons bottles of 750ml is the maximum bottle size.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

All types of alcohol may be served between 8am to 12am.

Liquor Distribution & Control

    Package Agencies

A package agency is a contract between the Dept. of Alcoholic Beverage Control and the owner (a “package agent”) of a retail store. Package agencies sell a wide variety of alcoholic products.  One package agency license is permitted per 18,000 people in the state.

The alcohol must be in sealed boxes/containers to be picked up and removed by the customer.  No on-premises drinking is permitted. The package agency must purchase the alcohol it sells from the Dept. of Alcoholic Beverage Control and charge a fixed price.  Liquor bottles may not be displayed in the windows for people to see.  No alcohol may be sold on Sundays. Minors can only enter if accompanied by a parent.

Alcohol may only be sold between 12pm to 11pm.

Liquor Distribution & Control

    Beer Retailer (Taverns)

A beer retailer license is required for the sale/service of beer only for two types of businesses: Taverns and Recreational Amenity Facility.

Taverns include beer bars, parlors, lounges, cabarets, and night clubs where alcohol sales exceed food sales (food is not required to be sold).

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, and may not purchase alcoholic beverages on behalf of patrons.

Taverns may sell beer they purchase from state licensed breweries or beer distributors. Customers must be 21 years of age to purchase or consume alcohol.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

Beer may be served between 10am to 1am.

Beer may not be consumed between 2am to 10am.

A tavern must remain open for a period of one hour after the last patron has been served.

Liquor Distribution & Control

    Private Parties

Individuals or other organizations that have private parties/social events are not required to obtain a liquor license as long as the party is not open to the public and the alcohol is served free of charge.

Liquor Distribution & Control

    Resort License

A resort license permits alcohol to be stored, sold, and consumed in a resort community. A “resort” is a facility of 400,000 square feet used for accommodation with a minimum of 150 rooms at a ski facility.

A resort may only serve alcohol to residents, customers with ID cards, and invitees. All alcohol must be purchased from the Dept. of Alcoholic Beverage Control.

Room service at the resort may only deliver sealed/boxed alcohol to rooms.

Only 4 resort licenses are available in the state at present time.

Liquor Distribution & Control

    Banquet License

Banquet liquor licenses are issued for the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for contracted banquet activities on the premises of a hotel, resort facility, sports center, or convention center. It also allows for room service in hotels. The maximum number of licenses allowed is one per 30,000 people in the state. The banquet licensee may serve alcoholic beverages pursuant to a contract with the host of the banquet.

The banquet licensee must obtain 50% of its revenues from the sale of food.

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, may not purchase alcoholic beverages on behalf of patrons, and may not remove alcoholic beverages from the banquet area. Room service must be done in-person with alcoholic beverages delivered to an adult in the hotel room (alcoholic beverages may not be left outside of the hotel room).

Restaurants may sell alcohol they purchase from state stores or package agencies. Customers must be 21 years of age to purchase or consume alcohol. The restaurant must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

Alcohol may be sold between 10am to 1am.

Liquor Distribution & Control

    Reception Center

Reception Center liquor licenses are issued for the storage, sale, service, and consumption of alcohol on the premises of small banquet venues. The maximum number of licenses allowed is one per 56,313 people in the state. The reception center must be at least 5,000 square feet and have a culinary kitchen on premises where full meals are made. It’s primary purpose must be renting to third parties for private events.

The reception center licensee must obtain 70% of its revenues from services other than alcohol sales.

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, may not purchase alcoholic beverages on behalf of patrons, and may not remove alcoholic beverages from the banquet area. Room service must be done in-person with alcoholic beverages delivered to an adult in the hotel room (alcoholic beverages may not be left outside of the hotel room).

Restaurants may sell alcohol they purchase from state stores or package agencies. Customers must be 21 years of age to purchase or consume alcohol. The restaurant must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ patrons no larger than 2 liters.

Alcohol may be sold between 10am to 1am.

Alcohol may not be consumed between 2am to 10am.

Liquor Distribution & Control

    Clubs

Club licenses are issued for the storage, sale, service, and consumption of liquor, wine, beer, and heavy beer on the premises of a private club that serves its members. Clubs are categorized as: equity club, fraternal club, dining club, or a social club. The maximum number of licenses allowed is one per 7,850 people in the state.

Employees who serve alcoholic beverages must be 21 years old, wear a name badge, may not consume alcohol while on the job, and may not purchase alcoholic beverages on behalf of members.

Members must be 21 years of age to purchase or consume alcohol. The club must use a calibrated metering system that measures 1.5oz of primary alcohol in each drink and 2.5oz total that includes the primary alcohol and flavoring.

Wine bottles no larger than 1.5 liters may be sold to tables of 4+ members. Tables of less than 4 members bottles of 750ml is the maximum bottle size.

Individual glasses of wine no larger than 5oz may be served.

Individual glasses of draft beer no larger than 1 liters may be served.

Pitchers of beer may be sold to 2+ members no larger than 2 liters.

Alcoholic beverages may be served between 10am to 1am.

Alcoholic beverages may not be consumed between 2am to 10am.

Clubs must remain open for 1 hour after the last alcoholic beverage has been served.

Liquor Distribution & Control

    Single Event Permit

Single event permits are available to a group that wants to sell liquor, wine, beer, or heavy beer at a temporary event. These are available to a corporation, church, political organization, lodge, or association that is conducting a civic or community enterprise or convention. The same group may have up to 12 permits per year valid for 3 consecutive days or 4 permits per year valid for 5 consecutive days.

The permits allow for cash bars and the sale of alcoholic beverages to the public during the event.

Temporary Special Event Beer Permit

A temporary beer permit allows the sale of beer at retail for on-premise consumption at a temporary event that does not last longer than 30 days.