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[Utah Administrative Code Table of Contents]
[Title R081. Table of Contents]
R81-5-1 Licensing.
Private club liquor licenses are issued in the name of an officer or director of the club or association. Any contemplated action or transaction that may alter the organizational structure or ownership interest of the corporation to whom the license is issued must be submitted to the department for approval prior to consummation of any such action.
R81-5-2 Application.
A license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of a private club license when the requirements of Sections 32A-5-102 and -103, have been met, a completed application has been received by the department, and the private club premises have been inspected by the department.
R81-5-3 Bonds.
No part of any corporate or cash bond required by Section 32A-5-106 may be withdrawn during the time the license is in effect. If the licensee fails to maintain a valid corporate or cash bond, the license shall be immediately suspended until a valid bond is obtained. Failure to obtain a bond within 30 days of notification by the department of the delinquency shall result in the automatic revocation of the license.
R81-5-4 Insurance.
Public liability and dram shop insurance coverage required in Subsections 32A-5-102 (1)(j) and (k) must remain in force during the time the license is in effect. Failure of the licensee to maintain the required insurance coverage may result in a suspension or revocation of the license by the commission.
R81-5-5 Advertising.
(1) Pursuant to Subsection 32A-5-107 (23), a private club shall not engage in any public solicitation or public advertising calculated to increase its membership. However, advertising shall be deemed not to include listings of facilities, which for informational purposes states that a facility is a private club. Additionally, the use of television, radio or print media may be utilized to provide information to members relative to food items, entertainment, and club events subject to the following guidelines:
(a) The television, radio or print media information must have a reference that the information is provided exclusively for members of that private club.
(b) The information may contain the address, hours of operation and telephone number of the private club.
(c) Information regarding happy hours, free food or beverages is prohibited.
(d) Any club that chooses to advertise in this manner must clearly identify the establishment as "a private club" and state that the information in the advertisement is "for our members", "for the members", or "for the members of , a private club". In print media, this club identification information must be no smaller than 10 point bold type. This subsection does not allow for the use of the words "guests" and/or "visitors".
(2) Club advertising on highway billboards is considered public solicitation or advertising calculated to increase club membership and is not allowed. Clubs may use signs at the site of the club to provide information to members relative to address, hours of operation, telephone number of the club, food items, entertainment, and club events. As used in this subsection, "site of the club" means any building or resort facility where the club is located.
R81-5-6 Private Club Licensee Liquor Order Procedures.
The following procedures shall be followed when private club licensees order liquor from any state liquor store, package agency, or department satellite warehouse:
(1) A "Private Club Order Form" must be completed for all private club orders. The order form must be filled out by store/agency personnel and must include the private club licensee name, department license number, and merchandise listed by code number.
(2) The licensee must allow at least one hour for the store/agency to fill the order. When the order is complete, the licensee will be notified by phone. The total cost of the store/agency total and the licensee total must agree.
(3) All orders for private clubs must be picked up before 5:00 p.m. the same day the order is placed. Licensee's designee must check and sign for the order before it leaves the store, agency or warehouse.
(4) Merchandise shall be supplied to the licensee on request when it is available on a first come, first served basis.
R81-5-7 Private Club Licensee Operating Hours.
Allowable hours of liquor sales shall be in accordance with Section 32A-5-107 (24)(i). Liquor may be sold from 10 a.m. until 1 a.m. except on Sundays and holidays when liquor may be sold from noon to midnight. On a state or national election day, liquor may not be sold until after the polls are closed. On a local election day, liquor may be sold unless prohibited by local ordinance. Private club licensees may open their liquor storage area during hours otherwise prohibited for the limited purpose of inventory, restocking, repair, and cleaning.
R81-5-8 Sale and Purchase of Alcoholic Beverages.
(1) A patron may pay for an alcoholic beverage at the time of purchase, or, at the discretion of both the licensee and the patron, the price charged may be added to the patron's tab.
(2) Liquor dispensing shall be in accordance with Section 32A-5-107 ; and Sections R81-1-9 (Liquor Dispensing Systems), R81-1-10 (Wine Dispensing), and R81-1-11 (Multiple Licensed Facility Storage and Service) of these rules.
However, an alcoholic beverage may contain the contents of a 50 ml bottle as a primary liquor if the commission has authorized the use of the 50 ml bottle for a particular liquor product.
R81-5-9 Liquor Storage.
Liquor bottles kept for sale in use with a dispensing system, liquor flavorings in properly labeled unsealed containers, and unsealed containers of wines poured by the glass may be stored in the same storage area of the private club as approved by the department.
R81-5-10 Alcoholic Product Flavoring.
(1) Alcoholic product flavoring may be utilized in beverages only during the authorized selling hours under the private club liquor license. Alcoholic product flavoring may be used in the preparation of food items and desserts at any time if plainly and conspicuously labeled "cooking flavoring".
(2) No club employee under the age of 21 years may handle alcoholic product flavorings.
R81-5-11 Price Lists.
(1) Each licensee shall have available for its patrons a printed price list containing current prices of all mixed drinks, wine, beer, and heavy beer. This list shall include any amounts charged by the licensee for the service of packaged liquor, wine or heavy beer and shall be made a part of the house rules of the club, a copy of which shall be kept on the club premises and available at all times for examination by the members, guests, and visitors to the club.
(2) Any printed menu, master beverage price list or other printed list is sufficient as long as the prices are current and the list is readily available to the patron.
(3) Customers shall be notified of the price charged for any packaged liquor, wine or heavy beer and any service charges for the supply of glasses, chilling, or wine service.
(4) A licensee or his employee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the licensed premises.
R81-5-12 Identification Badge.
Each employee of the licensee who sells, dispenses or provides alcoholic beverages shall wear a unique identification badge visible above the waist, bearing the employee's first name, initials, or a unique number in letters or numbers not less than 3/8 inch high. The identification badge must be worn on the front portion of the employee's body. The licensee shall maintain a record of all employee badges assigned, which shall be available for inspection by any peace officer, or representative of the department. The record shall include the employee's full name and address and a driver's license or similar identification number.
R81-5-13 Visitor Cards and Records.
(1) Pursuant to Section 32A-5-107 (6), each visitor card issued shall include:
(a) the visitor's full name and signature;
(b) the name of the sponsoring member;
(c) the date the card was issued;
(d) the date the card expires;
(e) the club's name; and
(f) the serial number of the card.
(2) A record of visitor cards issued shall be maintained by the club and shall be available for inspection by the department. Such record shall be kept in a serial numbered order and shall contain:
(a) the serial number of the card;
(b) the name of the person to whom the card was issued;
(c) the name of the sponsoring member;
(d) the date the card was issued; and
(e) the date the card expires.
R81-5-14 Brownbagging.
When private social functions or privately hosted events, as defined in 32A-1-105 (38), are held on the premises of a licensed private club, the proprietor may, in his or her discretion, allow members of the private group to bring onto the club premises, their own alcoholic beverages under the following circumstances:
(1) When the entire club is closed to regular patrons for the private function or event, or
(2) When an entire room or area within the club such as a private banquet room is closed to regular patrons for the private function or event, and members of the private group are restricted to that area, and are not allowed to co-mingle with regular patrons of the club.
R81-5-15 Membership Fees and Monthly Dues.
Each private club shall establish in its by-laws initial membership fees and monthly membership dues in amounts determined by the club. However, monthly dues may not be less than one dollar per month.
[Indexing]
KEY: alcoholic beverages
March 3, 1995
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
32A-1-107
32A-5-107
(23)
Notice of Continuation January 10, 1997
