32B-5-304. Portions in which alcoholic product may be sold.
(1) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title. A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is: a secondary flavoring ingredient; used as a flavoring on a dessert; used to set aflame a food dish, drink, or dessert; in a beverage that: is served to a patron in the original container; is not more than 12 ounces; contains no more than 10% alcohol by volume or 8% by weight; and is in a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high; or in a beverage that: is served to a patron by pouring the beverage from the original sealed container, into a different container as required under Subsection; 32B-8d-104(5)(b) is not more than 12 ounces; contains no more than 10% alcohol by volume or 8% by weight; and originates from a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high. A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall: designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and clearly and conspicuously label each secondary flavoring ingredient's container "flavorings." A patron may have no more than 2.5 ounces of spirituous liquor at a time. Subsectiondoes not apply to a beverage described in Subsection. (1)(d)(i) (1)(b)(iv)
(2) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion. A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces. Except as provided in Subsection, a retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons. (6) Except as provided in Subsection, a retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons. (6) Notwithstanding Subsectionsand, a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces. (2)(a) (b)
(3) Except as provided in Subsection, a retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter. (6)
(4) Except as provided in Subsection, a retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter. (6)
(5) Subject to Subsection, a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption: (5)(a)(ii) in an open original container; and in a container on draft. A retail licensee may not sell, offer for sale, or furnish beer under Subsection: (5)(a)(i) in a size of container that exceeds two liters; or to an individual patron in a size of container that exceeds one liter. A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption: in a sealed container; and in a size of container that does not exceed two liters. A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces.
(6) This section does not prohibit a retail licensee from rounding the price of liquor in accordance with Section. 32B-2-213