32B-8c - Arena License Act
Title 32B > 32B-8c
Sections (6)
32B-8c-101 - Title.
This chapter is known as the “Arena License Act.”
32B-8c-102 - Definitions.
32B-8c-201 - Commission’s power to issue an arena license.
32B-8c-201(1) Before a person as an arena under a single license may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicensed premises, the person shall first obtain an arena license from the commission in accordance with this part. 32B-8c-201(2) Beginning November 1, 2020, the commission may issue to a person an arena license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with the arena designated in the arena license, if the person operates at least three sublicenses under the arena license, including: one of which is an on-premise banquet sublicense; one of which is:
a full-service restaurant sublicense; a limited-service restaurant sublicense; a beer-only restaurant sublicense; or a bar establishment sublicense; and one of which is an on-premise beer retailer sublicense that is not a tavern. An arena license shall: consist of:
a general arena license; and three or more sublicenses meeting the requirements of Subsection (2)(a); and designate the enclosed building that is the arena. This chapter does not prohibit an alcoholic product in an arena to the extent otherwise permitted by this title. 32B-8c-201(3) The commission may not issue a total number of arena licenses that at any time totals more than 10.
32B-8c-202 - Specific licensing requirements for arena license.
32B-8c-202(1) To obtain an arena license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the person’s written application:
evidence: of proximity of the arena to any community location; that each proposed sublicense premises is entirely within the arena; and that the building designated in the application as the arena qualifies as an arena; and a description and map of the arena. 32B-8c-202(2) An arena license expires on October 31 of each year. To renew a person’s arena license, the person shall comply with the requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30. 32B-8c-202(3) The nonrefundable application fee for an arena license is 5,000; or if the person applies for more than three sublicenses under the arena license, the sum of:
1,000 for each sublicense in excess of three sublicenses for which the person applies. The renewal fee for an arena license is 1,000 for each sublicense under the arena license. 32B-8c-202(4) The bond amount required for an arena license is the penal sum of $100,000. An arena licensee is not required to have a separate bond for each sublicense, except that the aggregate of the bonds posted by the arena licensee shall cover each sublicense under the arena license. 32B-8c-202(5) Except as prohibited in Subsection 32B-1-202.1(4), an arena may request to add a sublicense after the commission issues the arena licensee’s arena license, in accordance with Subsection 32B-8d-103(4).
32B-8c-301 - Specific operational requirements for arena license.
32B-8c-301(1) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an arena licensee, staff of the arena licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section. Failure to comply as provided in Subjection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: the arena licensee; individual staff of the arena licensee; a sublicensee or person otherwise operating under a sublicense of the arena licensee; individual staff of a sublicensee or person otherwise operating under a sublicense; or any combination of the persons listed in Subsections (1)(b)(i) through (iv). 32B-8c-301(2) An arena licensee may not sell, offer for sale, or furnish an alcoholic product except: on sublicensed premises; pursuant to a permit issued under this title; or under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency. An arena licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product: if on sublicensed premises, in accordance with the operational requirements described in Section 32B-8d-104; if under a permit issued under this title, in accordance with the operational requirements under the provisions applicable to the permit; and if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency. 32B-8c-301(3) An arena licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food and beverages for the arena license and each of the arena license’s sublicenses is from the sale of food, not including:
mix for an alcoholic product; and a charge in connection with the service of an alcoholic product. 32B-8c-301(4) An arena licensee shall, directly or indirectly, supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under an arena license.
32B-8c-401 - Enforcement.
32B-8c-401(1) Failure by a person described in Subsection (2) to comply with this chapter or Chapter 8d, Sublicense Act, may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
the arena licensee; individual staff of the arena licensee; a sublicensee or a person otherwise operating under a sublicense of the arena licensee; individual staff of a sublicensee or person otherwise operating under a sublicense of the arena licensee; or any combination of the persons listed in Subsections (1)(a) through (d). 32B-8c-401(2) Subsection (1) applies to:
an arena licensee; a sublicensee or person operating under a sublicense of an arena licensee; staff of an arena licensee or sublicensee or other person operating under a sublicense of the arena licensee.