32B-5-301 (Effective 07/01/11) - General operational requirements. - Utah Statutes

32B-5-301 (Effective 07/01/11). General operational requirements.
(1) (a) A retail licensee and staff of a retail licensee shall comply with this title and therules of the commission, including the relevant part under Chapter 6, Specific Retail License Act,for the specific type of retail license.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action inaccordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a retail licensee;
(ii) individual staff of a retail licensee; or
(iii) both a retail licensee and staff of the retail licensee.
(2) (a) If there is a conflict between this part and the relevant part under Chapter 6,Specific Retail License Act, for the specific type of retail license, the relevant part under Chapter6 governs.
(b) Notwithstanding that this part refers to "liquor" or an "alcoholic product," a retaillicensee may only sell, offer for sale, furnish, or allow the consumption of an alcoholic productspecifically authorized by the relevant part under Chapter 6, Specific Retail License Act.
(c) Notwithstanding that this part or the relevant part under Chapter 6, Specific RetailLicense Act, refers to "retail licensee," staff of the retail licensee is subject to the samerequirement or prohibition.
(3) A retail licensee shall display in a prominent place in the licensed premises:
(a) the retail license that is issued by the department; and
(b) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(4) A retail licensee may not on the licensed premises:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(5) A retail licensee may not knowingly allow a person on the licensed premises to, inviolation of Title 58, Chapter 37, Utah Controlled Substances Act, or Chapter 37a, Utah DrugParaphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.
(6) Upon the presentation of credentials, at any time during which a retail licensee isopen for the transaction of business, the retail licensee shall immediately:
(a) admit a commissioner, authorized department employee, or law enforcement officerto the retail licensee's premises; and
(b) permit, without hindrance or delay, the person described in Subsection (6)(a) toinspect completely:
(i) the entire premises of the retail licensee; and

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(ii) the records of the retail licensee.

Enacted by Chapter 276, 2010 General Session