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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-5-304. Portions in which alcoholic product may be sold - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-5-304/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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