Section 32B-5-304 - Portions in which alcoholic product may be sold(1)(a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title.(b) A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is:(i) a secondary flavoring ingredient;(ii) used as a flavoring on a dessert;(iii) used to set aflame a food dish, drink, or dessert; or(iv) in a beverage that: (A) is served to a patron in the original, sealed container;(B) is not more than 12 ounces;(C) contains no more than 10% alcohol by volume or 8% by weight; and(D) is in a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high.(c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall: (i) designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and(ii) clearly and conspicuously label each secondary flavoring ingredient's container "flavorings".(d)(i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.(ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection (1)(b)(iv).(2)(a)(i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion.(ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces.(b)(i) A retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.(ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.(c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces.(3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.(4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter.(5)(a)(i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:(A) in an open original container; and(B) in a container on draft.(ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a)(i):(A) in a size of container that exceeds two liters; or(B) to an individual patron in a size of container that exceeds one liter.(b) A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption: (i) in a sealed container; and(ii) in a size of container that does not exceed two liters.(c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces.Amended by Chapter 94, 2024 General Session ,§ 14, eff. 5/1/2024.Amended by Chapter 371, 2023 General Session ,§ 16, eff. 5/3/2023.Amended by Chapter 447, 2022 General Session ,§ 27, eff. 6/1/2022.Amended by Chapter 403, 2019 General Session ,§ 17, eff. 5/14/2019.Amended by Chapter 307, 2011, 2011 General Session
Amended by Chapter 334, 2011 General Session.