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

   1. (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;
   2. (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;
   3. (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
   4. (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.

KEY: alcoholic beverages

Date of Last Change: May 1, 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