Current through the 2024 Fourth Special Session
Section 32B-10-304 - Specific operational requirements for a public service permit(1)(a) In addition to complying with Section 32B-10-206, a public service permittee and staff of the public service permittee shall comply with this section.(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: (i) a public service permittee;(ii) individual staff of a public service permittee; or(iii) both a public service permittee and staff of the public service permittee.(2)(a) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(A) whose public conveyances operate on an interstate basis may do the following:(i) purchase an alcoholic product outside of the state;(ii) bring an alcoholic product purchased outside of the state into the state; and(iii) sell, offer for sale, and furnish an alcoholic product purchased outside of the state to a passenger traveling on the public service permittee's public conveyance for consumption while en route on the public conveyance.(b) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(A) whose public conveyance operates solely within the state:(i) may sell, offer for sale, or furnish an alcoholic product to a passenger traveling on the public service permittee's public conveyance for consumption while en route on the public conveyance; and(ii) shall purchase:(A) liquor from a state store or package agency; and(B) beer from a beer wholesaler licensee.(c) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(B):(i) may sell, offer for sale, or furnish an alcoholic product to a patron at the public service permittee's hospitality room; and(ii) shall purchase: (A) liquor from a state store or package agency; and(B) beer from a beer wholesaler licensee.(3)(a) A public service permittee may establish a hospitality room, if: (i)(A) the room is located within a depot, terminal, or similar facility adjacent to and servicing the public service permittee's airline, railroad, bus, boat, or other public conveyance; or(B) the room is located within a terminal at an international airport and servicing another public service permittee's airline;(ii) the room is completely enclosed and the interior is not visible to the public;(iii) the sale, offer for sale, or furnishing of an alcoholic product is made only to a person: (A) then in transit using the public service permittee's airline, railroad, bus line, or other public conveyance or, for a public service permittee described in Subsection (2), another public service permittee's airline; and(B) holding a valid boarding pass or similar travel document issued by a public service permittee; and(iv)(A) liquor is purchased from:(II) a package agency; and(B) beer is purchased from a beer wholesaler licensee.(b)(i) A public service permittee operating a hospitality room shall display in a prominent place in the hospitality room, a sign in large letters that consists of text in the following order:(A) a header that reads: "WARNING";(B) a warning statement that reads: "Drinking alcoholic beverages during pregnancy can cause birth defects and permanent brain damage for the child.";(C) a statement in smaller font that reads: "Call the Utah Department of Health at [insert most current toll-free number] with questions or for more information.";(D) a header that reads: "WARNING"; and(E) a warning statement that reads: "Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah."(ii)(A) The text described in Subsections (3)(b)(i)(A) through (C) shall be in a different font style than the text described in Subsections (3)(b)(i)(D) and (E).(B) The warning statements in the sign described in Subsection (3)(b)(i) shall be in the same font size.(iii) The Department of Health shall work with the commission and department to facilitate consistency in the format of a sign required under this section.(c) A hospitality room shall be operated in accordance with this chapter and rules adopted by the commission.Amended by Chapter 94, 2024 General Session ,§ 44, eff. 5/1/2024.Amended by Chapter 6, 2020SP6 General Session ,§ 6, eff. 8/31/2020.Amended by Chapter 334, 2011, 2011 General Session.