Utah Admin. Code R82-5-104 - Liquor Dispensing Systems
(1) Authority. This
rule is made pursuant to Sections 32B-5-301 and 32B-5-304.
(2) Purpose. This rule describes:
(a) the minimum requirements for a liquor
dispensing system required by Section 32B-5-304;
(b) how the Department approves a liquor
dispensing system; and
(c) where a
liquor dispensing system may be used and stored.
(3) Definitions. As used in this rule:
(a) "Dispensing area" means a fixed
structure, area, counter, or surface where an alcoholic beverage is stored,
prepared, and dispensed.
(b)
"Dispensing system" means a device that measures alcohol and dispenses alcohol
in the selected measured amount.
(4)
(a) A
licensee may not install or use any liquor dispensing system for the automated
mixing or dispensing of spirituous liquor unless the liquor dispensing system
has been approved by the Department.
(b) After the Department's approval, a
licensee may only change the licensee's liquor dispensing system with prior
approval by the Department.
(5) The Department may approve a liquor
dispensing system if the liquor dispensing system:
(a) dispenses spirituous liquor in calibrated
quantities not to exceed 1.5 ounces;
(b) has a meter which counts the number of
pours dispensed; and
(c) the margin
of error of the liquor dispensing system for a one ounce pour size does not
exceed 1/16 of an ounce or two milliliters.
(6) Liquor dispensing systems may be of
various types, including:
(a) gun;
(b) a stationary head;
(c) a tower;
(d) an insertable spout;
(e) a ring activator; or
(f) a type similar to the types described in
Subsections (6)(a) through (e).
(7)
(a) The
licensee is responsible for verifying that a liquor dispensing system, when
initially installed, meets the specifications described in this rule.
(b) Once installed, the licensee shall
maintain the liquor dispensing system to ensure that the liquor dispensing
system continues to meet the approved specifications.
(c) Failure to maintain the liquor dispensing
system may be grounds for suspension or revocation of the licensee's license.
(8)
(a) A licensee shall:
(i) affix spirituous liquor bottles in use by
a liquor dispensing system in the dispensing area to the liquor dispensing
system;
(ii) lock spirituous liquor
bottles in use with a remote storage alcoholic beverage dispensing system
approved by the Department in a locked storage area identified on the
licensee's floor plan; and
(iii)
lock or secure spirituous liquor bottles attached to a liquor dispensing system
in a place and manner that precludes the dispensing of spirituous liquor at
times when liquor sales are not authorized by law.
(b) A licensee may not dispense or store a
spirituous liquor bottle at a patron's table.
(c) Any primary spirituous liquor not in
service through a liquor dispensing system must remain
unopened.
(9)
(a) A liquor dispensing system:
(i) may not be utilized at patron's
table;
(ii) may only be used at
approved dispensing area;
(iii)
shall avoid an in-series hookup that would permit the contents of spirituous
liquor bottles to flow from bottle to bottle before reaching the dispensing
spigot or nozzle;
(iv) may not
dispense from or utilize containers other than original spirituous liquor
bottles;
(v) shall prohibit the
intermixing of different kinds of products or brands in the spirituous liquor
bottles from which they are being dispensed; and
(vi) shall conform to federal, state, and
local health and sanitation requirements.
(b)
(i)
Pursuant to federal law and Section 32B-4-420, liquor dispensed through a
liquor dispensing system must be from its original container, and spirituous
liquor bottles may not be reused or refilled with any substance.
(10)
(a) A licensee shall keep daily records for
each liquor dispensing system as follows:
(i)
a list of brands of spirituous liquor dispensed through the liquor dispensing
system;
(ii) the number of portions
of spirituous liquor dispensed through the liquor dispensing system determined
by the calculated difference between the beginning and ending meter readings or
as electronically generated by the recording software of the dispensing
system;
(iii) the number of
portions of spirituous liquor sold; and
(iv) a comparison of the number of portions
dispensed to the number of portions sold including an explanation of any
variances.
(b)
(i) Representatives of the Department, the
State Bureau of Investigation, and any other law enforcement officer shall have
access to a licensee's liquor dispensing system for inspection or testing
purposes upon request.
(ii) A
licensee shall furnish to the representatives, upon request, samples of the
alcoholic products dispensed through any liquor dispensing system for
verification and analysis.
(iii) A
licensee shall make the records described in Subsection (10)(a) available for
inspection and audit by the Department or law enforcement.
(c)
(i) A
licensee shall display in a prominent place on the licensed premises a list of
the types and brand names of spirituous liquor being served through the
licensee's liquor dispensing system.
(ii) A licensee meets the requirement under
Subsection (10)(c)(i) by printing the list on an alcoholic beverage menu or by
wall posting.
(11) The Department may:
(i) require the alteration or removal of any
liquor dispensing system; or
(ii)
require the licensee to clean, disinfect, or otherwise improve the sanitary
conditions of any liquor dispensing system.
Notes
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