Utah Admin. Code R82-5-109 - Sale of Alcoholic Beverages by Licensees to Patrons
(1) Authority. This rule is made pursuant to
sections 32B-6-205,
32B-6-305,
32B-6-406 and 407,
32B-6-505,
32B-6-605,
32B-6-706,
32B-6-805,
32B-6-905, and Title 32B,
Chapters 8a and 8b.
(2)
(a) A licensee that is required to maintain a
percentage of food sales by statute shall maintain records separately showing
quarterly expenditures and sales for beer, heavy beer, liquor, wine, setups,
and food, as relevant to the licensee. These records shall be available for
inspection and audit by representatives of the Department and maintained for a
period of three years.
(b) If any
inspection or audit discloses that the sales of food are less than statutorily
required for any quarterly period or that a variety of food is not available
for sale, depending on the requirements of the license, the Department shall
immediately notify the licensee and may put the licensee on a probationary
status and closely monitor the licensee's compliance with statutory
requirements during the next quarterly period to determine that the licensee is
able to prove to the satisfaction of the Department that of the licensee's food
sales or food availability meet or exceed the required levels.
(c) Failure of the licensee to provide
satisfactory proof of the required food percentage or availability of a variety
of food for sale after notification, as described in subpart (2)(b) of this
rule, may result in issuance of an order to show cause by the Department to
determine why the license should not be revoked by the Commission, as described
in R82-3-104.
Notes
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