Utah Admin. Code 82-5-104

Current through Bulletin 2024-23, December 1, 2024

Section R82-5-104 - Liquor Dispensing Systems

(1) Authority. This rule is made pursuant to Sections 32B-5-301 and 32B-5-304.

(2) Purpose. This rule describes:

(a) the minimum requirements for a liquor dispensing system required by Section 32B-5-304;

(b) how the Department approves a liquor dispensing system; and

(c) where a liquor dispensing system may be used and stored.

(3) Definitions. As used in this rule:

(a) "Dispensing area" means a fixed structure, area, counter, or surface where an alcoholic beverage is stored, prepared, and dispensed.

(b) "Dispensing system" means a device that measures alcohol and dispenses alcohol in the selected measured amount.

(4)

(a) A licensee may not install or use any liquor dispensing system for the automated mixing or dispensing of spirituous liquor unless the liquor dispensing system has been approved by the Department.

(b) After the Department's approval, a licensee may only change the licensee's liquor dispensing system with prior approval by the Department.

(5) The Department may approve a liquor dispensing system if the liquor dispensing system:

(a) dispenses spirituous liquor in calibrated quantities not to exceed 1.5 ounces;

(b) has a meter which counts the number of pours dispensed; and

(c) the margin of error of the liquor dispensing system for a one ounce pour size does not exceed 1/16 of an ounce or two milliliters.

(6) Liquor dispensing systems may be of various types, including:

(a) gun;

(b) a stationary head;

(c) a tower;

(d) an insertable spout;

(e) a ring activator; or

(f) a type similar to the types described in Subsections (6)(a) through (e).

(7)

(a) The licensee is responsible for verifying that a liquor dispensing system, when initially installed, meets the specifications described in this rule.

(b) Once installed, the licensee shall maintain the liquor dispensing system to ensure that the liquor dispensing system continues to meet the approved specifications.

(c) Failure to maintain the liquor dispensing system may be grounds for suspension or revocation of the licensee's license.

(8)

(a) A licensee shall:

(i) affix spirituous liquor bottles in use by a liquor dispensing system in the dispensing area to the liquor dispensing system;

(ii) lock spirituous liquor bottles in use with a remote storage alcoholic beverage dispensing system approved by the Department in a locked storage area identified on the licensee's floor plan; and

(iii) lock or secure spirituous liquor bottles attached to a liquor dispensing system in a place and manner that precludes the dispensing of spirituous liquor at times when liquor sales are not authorized by law.

(b) A licensee may not dispense or store a spirituous liquor bottle at a patron's table.

(c) Any primary spirituous liquor not in service through a liquor dispensing system must remain unopened.

(9)

(a) A liquor dispensing system:

(i) may not be utilized at patron's table;

(ii) may only be used at approved dispensing area;

(iii) shall avoid an in-series hookup that would permit the contents of spirituous liquor bottles to flow from bottle to bottle before reaching the dispensing spigot or nozzle;

(iv) may not dispense from or utilize containers other than original spirituous liquor bottles;

(v) shall prohibit the intermixing of different kinds of products or brands in the spirituous liquor bottles from which they are being dispensed; and

(vi) shall conform to federal, state, and local health and sanitation requirements.

(b)

(i) Pursuant to federal law and Section 32B-4-420, liquor dispensed through a liquor dispensing system must be from its original container, and spirituous liquor bottles may not be reused or refilled with any substance.

(ii) The Commission adopts federal regulations 27 CFR 31.201 and 26 USC Section 5301 and incorporates them by reference.

(10)

(a) A licensee shall keep daily records for each liquor dispensing system as follows:

(i) a list of brands of spirituous liquor dispensed through the liquor dispensing system;

(ii) the number of portions of spirituous liquor dispensed through the liquor dispensing system determined by the calculated difference between the beginning and ending meter readings or as electronically generated by the recording software of the dispensing system;

(iii) the number of portions of spirituous liquor sold; and

(iv) a comparison of the number of portions dispensed to the number of portions sold including an explanation of any variances.

(b)

(i) Representatives of the Department, the State Bureau of Investigation, and any other law enforcement officer shall have access to a licensee's liquor dispensing system for inspection or testing purposes upon request.

(ii) A licensee shall furnish to the representatives, upon request, samples of the alcoholic products dispensed through any liquor dispensing system for verification and analysis.

(iii) A licensee shall make the records described in Subsection (10)(a) available for inspection and audit by the Department or law enforcement.

(c)

(i) A licensee shall display in a prominent place on the licensed premises a list of the types and brand names of spirituous liquor being served through the licensee's liquor dispensing system.

(ii) A licensee meets the requirement under Subsection (10)(c)(i) by printing the list on an alcoholic beverage menu or by wall posting.

(11) The Department may:

(i) require the alteration or removal of any liquor dispensing system; or

(ii) require the licensee to clean, disinfect, or otherwise improve the sanitary conditions of any liquor dispensing system.

Utah Admin. Code R82-5-104

Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020

Amended by Utah State Bulletin Number 2020-21, effective 10/27/2020

Amended by Utah State Bulletin Number 2024-23, effective 11/22/2024