Section 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.Utah Admin. Code R82-2-309
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023