Current through the 2024 Fourth Special Session
Section 32B-4-415 - Unlawful bringing onto premises for consumption(1) Except as provided in Subsection (4) and Section 32B-5-307, a person may not bring an alcoholic product for on-premise consumption onto the premises of: (a) a retail licensee or person required to be licensed under this title as a retail licensee;(b) an establishment that conducts a business similar to a retail licensee;(c) an event where an alcoholic product is sold, offered for sale, or furnished under a single event permit or temporary beer event permit issued under this title;(d) an establishment open to the general public; or(e) the capitol hill complex.(2) Except as provided in Subsection (4) and Section 32B-5-307, the following may not allow a person to bring onto its premises an alcoholic product for on-premise consumption or allow consumption of an alcoholic product brought onto its premises in violation of this section: (a) a retail licensee or a person required to be licensed under this title as a retail licensee;(b) an establishment that conducts a business similar to a retail licensee;(c) a single event permittee or temporary beer event permittee;(d) an establishment open to the general public;(e) the State Capitol Preservation Board created in Section 63O-2-201; or(f) staff of a person listed in Subsections (2)(a) through (e).(3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume an alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a passenger at:(a) a location from which the passenger departs in a private vehicle; or(b) the capitol hill complex.(4)(a) A person may bring bottled wine onto the premises of the following and consume the wine pursuant to Section 32B-5-307: (i) a full-service restaurant licensee;(ii) a limited restaurant licensee;(iii) a bar establishment licensee; or(iv) a person operating under a spa sublicense.(b) A passenger of a limousine may bring onto, possess, and consume an alcoholic product in the limousine if: (i) the travel of the limousine begins and ends at:(A) the residence of the passenger;(B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or(C) the temporary domicile of the passenger;(ii) the driver of the limousine is separated from the passengers by partition or other means approved by the department; and(iii) the limousine is not located on the capitol hill complex.(c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholic product on the chartered bus: (i)(A) but may consume only during travel to a specified destination of the chartered bus and not during travel back to the place where the travel begins; or(B) if the travel of the chartered bus begins and ends at:(I) the residence of the passenger;(II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or(III) the temporary domicile of the passenger;(ii) if the chartered bus has a nondrinking designee other than the driver traveling on the chartered bus to monitor consumption; and(iii) if the chartered bus is not located on the capitol hill complex.(5) A person may bring onto any premises, possess, and consume an alcoholic product at a private event.(6) Notwithstanding Subsection (5), private and public facilities may prohibit the possession or consumption of alcohol on their premises.(7) The restrictions of Subsections (2) and (3) apply to a resort licensee or hotel licensee or person operating under a sublicense in relationship to: (a) the boundary of a resort building, as defined in Section 32B-8-102, or the boundary of a hotel, as defined in Section 32B-8b-102, in an area that is open to the public; or(b) except as provided in Subsection (4), sublicensed premises.Amended by Chapter 425, 2024 General Session ,§ 8, eff. 5/1/2024.Amended by Chapter 447, 2022 General Session ,§ 22, eff. 6/1/2022.Amended by Chapter 219, 2020 General Session ,§ 12, eff. 5/12/2020.Amended by Chapter 249, 2018 General Session ,§ 9, eff. 5/8/2018.Amended by Chapter 455, 2017 General Session ,§ 22, eff. 5/9/2017.Amended by Chapter 348, 2016 General Session ,§ 23, eff. 5/10/2016.Amended by Chapter 245, 2016 General Session ,§ 2, eff. 5/10/2016.Amended by Chapter 80, 2016 General Session ,§ 5, eff. 5/10/2016.Enacted by Chapter 276, 2010 General Session