(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