R81-1-11. Multiple-Licensed Facility Storage and Service

  (1) For the purposes of this rule:

  (a) A "multiple-licensed facility" includes any retail license that shares a licensed premises as allowed by 32B-5-207(2), retail licensed premises that are located in the same room as allowed by 32B-5-207(6), and retail licensees that are authorized for dispensing from an adjacent retail licensed premises as allowed by 32B-6-205.2(11)(a)(iii), 305.2(11)(a)(iii) and 905.1(12)(a)(iii) and any sublicense located within the boundary of a resort building of a resort license under 32B-8 or the boundary of a hotel of a hotel license under 32B-8b.

  (b) "cost allocation" means an apportionment of the as purchased cost of the alcoholic beverage product based on the amount sold in connection with each retail license.

  (c) "remote storage alcoholic beverage dispensing system" means a dispensing system where the alcoholic product is stored in a single centralized location, and may have separate dispensing heads at different locations, and is capable of accounting for the amount of alcoholic product dispensed to each location.

  (2) The dispensing of alcoholic beverages may be made from the alcoholic beverage inventory of one retail license to patrons in premises of another retail license in a multiple-licensed facility subject to the following requirements:

  (a) point of sale control systems must be implemented that will record the amounts of each alcoholic beverage product sold in connection with each retail license;

  (b) cost allocation of the alcoholic beverage product cost must be made for each retail license on at least a monthly or quarterly basis pursuant to the record keeping requirements of Section 32B-5-302;

  (c) dispensing of alcoholic beverages to a in connection with a retail license may not be made on prohibited days or at prohibited hours pertinent to that license type;

  (d) if separate inventories of liquor are maintained in one dispensing location, the storage area of each retail licensee's liquor must remain locked during the prohibited hours and days of sale for each license type;

  (e) dispensing of alcoholic beverages to a retail licensed location may not be made in any manner prohibited by the statutory or regulatory operational restrictions of that license type;

  (f) alcoholic beverages dispensed under this section may be delivered by servers from one retail licensed premises to the various approved retail licenses, or dispensed to each retail license through the use of a remote storage alcoholic beverage dispensing system.

  (3) At a multiple-licensed facility where each licensee maintains an inventory of alcoholic beverage products, the alcoholic beverages owned by each retail license may be stored in a common location in the building subject to the following guidelines:

  (a) each licensee shall identify the common storage location when applying for or renewing their license, and shall receive department approval of the location;

  (b) each retail license must be able to account for its ownership of the alcoholic beverages stored in the common storage location by keeping records, balanced monthly, of expenditures for alcoholic beverages supported by items such as delivery tickets, invoices, receipted bills, canceled checks, petty cash vouchers; and

  (c) the common storage area may be located on the premises of one of the retail licensee premises within the facility.

  (4) In accordance with 32B-5-207(5)(d) which requires that the commission establish by rule a procedure by which a licensee surrenders a retail license if they have a bar or tavern in the same room as a restaurant in violation of 32B-5-207.

  (a) On May 1 2018 a notice will be sent to all bar establishment licensees informing them that renewal of the bar license will be considered notice of intent to surrender any restaurant license in violation of 32B-5-207 unless they apply for a change in floor plan with the department.

  (b) On May 1, 2018 a notice will be sent to any tavern that has both a restaurant and a tavern asking them to return a form electing whether to surrender the tavern or restaurant if they are in violation of 32B-5-207 or to apply for a change in floor plan. Failure to respond will result in surrender of restaurant license as of July 1, 2018.

  (c) Those that are seeking to keep both licenses shall apply for a change in floor plan with the department outlying what will be done to comply with the requirements of 32B-5-207. If modifications are not completed by July 1, 2018 one or more of the licenses will need to cease operations in accordance with 32B-5-309 until modifications have been completed and staff has inspected the multiple premises to verify compliance with 32B-5-207.