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First Substitute H.B. 104
This document includes House Committee Amendments incorporated into the bill on Fri,
Feb 2, 2007 at 2:12 PM by ddonat. -->
Representative Stephen E. Sandstrom proposes the following substitute bill:
1
ALCOHOLIC BEVERAGE LICENSEES AND
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GAMBLING-LIKE ACTIVITIES
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Stephen E. Sandstrom
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Senate Sponsor:
Curtis S. Bramble
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LONG TITLE
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General Description:
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This bill modifies the Alcoholic Beverage Control Act to address gambling-like
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activities.
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Highlighted Provisions:
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This bill:
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. prohibits certain gambling-like activities;
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. provides for exceptions; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
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32A-4-206, as last amended by Chapter 268, Laws of Utah 2004
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32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
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32A-4-406, as last amended by Chapter 152, Laws of Utah 2005
27
32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
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32A-7-106, as last amended by Chapter 268, Laws of Utah 2004
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32A-10-206, as last amended by Chapter 268, Laws of Utah 2004
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32A-10-306, as last amended by Chapter 268, Laws of Utah 2004
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32A-15a-102, as enacted by Chapter 314, Laws of Utah 2003
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33
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
32A-4-106
is amended to read:
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32A-4-106. Operational restrictions.
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Each person granted a restaurant liquor license and the employees and management
37
personnel of the restaurant shall comply with the following conditions and requirements.
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Failure to comply may result in a suspension or revocation of the license or other disciplinary
39
action taken against individual employees or management personnel.
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(1) (a) Liquor may not be purchased by a restaurant liquor licensee except from state
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stores or package agencies.
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(b) Liquor purchased may be transported by the restaurant liquor licensee from the
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place of purchase to the licensed premises.
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(c) Payment for liquor shall be made in accordance with rules established by the
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commission.
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(2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in
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a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
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dispensing system approved by the department in accordance with commission rules adopted
49
under this title, except that:
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(a) spirituous liquor need not be dispensed through a calibrated metered dispensing
51
system if used as a secondary flavoring ingredient in a beverage subject to the following
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restrictions:
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(i) the secondary ingredient may be dispensed only in conjunction with the purchase of
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a primary spirituous liquor;
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(ii) the secondary ingredient is not the only spirituous liquor in the beverage;
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(iii) the restaurant liquor licensee shall designate a location where flavorings are stored
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on the floor plan provided to the department; and
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(iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
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(b) spirituous liquor need not be dispensed through a calibrated metered dispensing
60
system if used:
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(i) as a flavoring on desserts; and
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(ii) in the preparation of flaming food dishes, drinks, and desserts;
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(c) each restaurant patron may have no more than 2.75 ounces of spirituous liquor at a
64
time; and
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(d) each restaurant patron may have no more than one spirituous liquor drink at a time
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before the patron.
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(3) (a) (i) Wine may be sold and served by the glass or in an individual portion not to
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exceed five ounces per glass or individual portion.
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(ii) An individual portion of wine may be served to a patron in more than one glass as
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long as the total amount of wine does not exceed five ounces.
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(iii) An individual portion of wine is considered to be one alcoholic beverage under
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Subsection (7)(e).
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(b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
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fixed by the commission to tables of four or more persons.
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(ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
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the commission to tables of less than four persons.
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(c) A wine service may be performed and a service charge assessed by the restaurant as
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authorized by commission rule for wine purchased at the restaurant.
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(4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
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fixed by the commission.
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(b) A service charge may be assessed by the restaurant as authorized by commission
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rule for heavy beer purchased at the restaurant.
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(5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant licensed to sell liquor may sell
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beer for on-premise consumption:
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(A) in an open container; and
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(B) on draft.
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(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
88
not exceed two liters, except that beer may not be sold to an individual patron in a size of
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container that exceeds one liter.
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(b) A restaurant licensed under this chapter that sells beer pursuant to Subsection
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(5)(a):
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(i) may do so without obtaining a separate on-premise beer retailer license from the
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commission; and
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(ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
95
Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
96
inconsistent with or less restrictive than the operational restrictions under this part.
97
(c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
98
Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
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restaurant's:
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(i) state liquor license; and
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(ii) alcoholic beverage license issued by the local authority.
102
(6) Alcoholic beverages may not be stored, served, or sold in any place other than as
103
designated in the licensee's application, unless the licensee first applies for and receives
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approval from the department for a change of location within the restaurant.
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(7) (a) (i) A patron may only make alcoholic beverage purchases in the restaurant from
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and be served by a person employed, designated, and trained by the licensee to sell and serve
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alcoholic beverages.
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(ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
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from an employee of the restaurant or has carried bottled wine onto the premises of the
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restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
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or others at the patron's table.
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(b) Alcoholic beverages shall be delivered by a server to the patron.
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(c) Any alcoholic beverage may only be consumed at the patron's table or counter.
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(d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
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(e) Each restaurant patron may have no more than two alcoholic beverages of any kind
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at a time before the patron, subject to the limitation in Subsection (2)(d).
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(8) The liquor storage area shall remain locked at all times other than those hours and
118
days when liquor sales are authorized by law.
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(9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
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restaurant during the following days or hours:
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(i) until after the polls are closed on the day of any:
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(A) regular general election;
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(B) regular primary election; or
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(C) statewide special election;
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(ii) until after the polls are closed on the day of any municipal, special district, or
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school election, but only:
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(A) within the boundaries of the municipality, special district, or school district; and
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(B) if required by local ordinance; and
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(iii) on any other day after 12 midnight and before 12 noon.
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(b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
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Licenses, for on-premise beer licensees.
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(10) Alcoholic beverages may not be sold except in connection with an order for food
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prepared, sold, and served at the restaurant.
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(11) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
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(a) minor;
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(b) person actually, apparently, or obviously intoxicated;
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(c) known habitual drunkard; or
138
(d) known interdicted person.
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(12) (a) (i) Liquor may be sold only at prices fixed by the commission.
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(ii) Liquor may not be sold at discount prices on any date or at any time.
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(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
142
beverage to the licensee.
143
(c) An alcoholic beverage may not be sold at a special or reduced price that encourages
144
over consumption or intoxication.
145
(d) An alcoholic beverage may not be sold at a special or reduced price for only certain
146
hours of the restaurant's business day such as a "happy hour."
147
(e) The sale or service of more than one alcoholic beverage for the price of a single
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alcoholic beverage is prohibited.
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(f) The sale or service of an indefinite or unlimited number of alcoholic beverages
150
during any set period for a fixed price is prohibited.
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(g) A restaurant licensee may not engage in a public promotion involving or offering
152
free alcoholic beverages to the general public.
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(13) Alcoholic beverages may not be purchased for a patron of a restaurant by:
154
(a) the licensee; or
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(b) any employee or agent of the licensee.
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(14) (a) A person may not bring onto the premises of a restaurant liquor licensee any
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alcoholic beverage for on-premise consumption, except a person may bring, subject to the
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discretion of the licensee, bottled wine onto the premises of any restaurant liquor licensee for
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on-premise consumption.
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(b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or its
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officers, managers, employees, or agents may not allow:
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(i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
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consumption; or
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(ii) consumption of any such alcoholic beverage on its premises.
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(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
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or other representative of the licensee upon entering the restaurant.
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(d) A wine service may be performed and a service charge assessed by the restaurant as
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authorized by commission rule for wine carried in by a patron.
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(15) (a) Except as provided in Subsection (15)(b), a restaurant licensee and its
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employees may not permit a restaurant patron to carry from the restaurant premises an open
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container that:
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(i) is used primarily for drinking purposes; and
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(ii) contains any alcoholic beverage.
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(b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from the
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restaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or brought
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onto the premises of the restaurant in accordance with Subsection (14), provided the bottle has
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been recorked or recapped before removal.
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(16) (a) A minor may not be employed by a restaurant licensee to sell or dispense
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alcoholic beverages.
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(b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
181
cash register or other sales recording device.
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(17) An employee of a restaurant liquor licensee, while on duty, may not:
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(a) consume an alcoholic beverage; or
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(b) be intoxicated.
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(18) Any charge or fee made in connection with the sale, service, or consumption of
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liquor may be stated in food or alcoholic beverage menus including:
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(a) a set-up charge;
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(b) a service charge; or
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(c) a chilling fee.
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(19) Each restaurant liquor licensee shall display in a prominent place in the restaurant:
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(a) the liquor license that is issued by the department;
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(b) a list of the types and brand names of liquor being served through its calibrated
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metered dispensing system; and
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(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
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drugs is a serious crime that is prosecuted aggressively in Utah."
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(20) The following acts or conduct in a restaurant licensed under this chapter are
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considered contrary to the public welfare and morals, and are prohibited upon the premises:
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(a) employing or using any person in the sale or service of alcoholic beverages while
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the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
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female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
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buttocks, vulva, or genitals;
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(b) employing or using the services of any person to mingle with the patrons while the
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person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
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(c) encouraging or permitting any person to touch, caress, or fondle the breasts,
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buttocks, anus, or genitals of any other person;
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(d) permitting any employee or person to wear or use any device or covering, exposed
207
to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
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(e) permitting any person to use artificial devices or inanimate objects to depict any of
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the prohibited activities described in this Subsection (20);
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(f) permitting any person to remain in or upon the premises who exposes to public
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view any portion of that person's genitals or anus; or
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(g) showing films, still pictures, electronic reproductions, or other visual reproductions
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depicting:
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(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
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copulation, flagellation, or any sexual acts prohibited by Utah law;
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(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
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genitals;
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(iii) scenes wherein artificial devices or inanimate objects are used to depict, or
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drawings are used to portray, any of the prohibited activities described in this Subsection (20);
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or
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(iv) scenes wherein a person displays the vulva or the anus or the genitals.
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(21) Nothing in Subsection (20) precludes a local authority from being more restrictive
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of acts or conduct of the type prohibited in Subsection (20).
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(22) (a) Although live entertainment is permitted on the premises of a restaurant liquor
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licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
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Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
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flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the
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displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a
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stage or at a designated area approved by the commission.
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(b) Nothing in Subsection (22)(a) precludes a local authority from being more
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restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
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(23) A restaurant liquor licensee may not on the premises of the restaurant liquor
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licensee:
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(a) engage in or permit any form of gambling, [or] as defined and proscribed in Title
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76, Chapter 10, Part 11, Gambling;
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(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
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Part 11, Gambling[, on the premises of the restaurant liquor licensee.]; or
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(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
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H. [
or simulates
] .H the risking of something of value for a return or for an outcome when the
239a
return or
240
outcome is based upon an element of chance, excluding the playing of an amusement device
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that confers only an immediate and unrecorded right of replay not exchangeable for value.
242
(24) (a) Each restaurant liquor licensee shall maintain an expense ledger or record
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showing in detail:
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(i) quarterly expenditures made separately for:
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(A) malt or brewed beverages;
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(B) set-ups;
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(C) liquor;
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(D) food; and
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(E) all other items required by the department; and
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(ii) sales made separately for:
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(A) malt or brewed beverages;
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(B) set-ups;
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(C) food; and
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(D) all other items required by the department.
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(b) The record required by Subsection (24)(a) shall be kept:
256
(i) in a form approved by the department; and
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(ii) current for each three-month period.
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(c) Each expenditure shall be supported by:
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(i) delivery tickets;
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(ii) invoices;
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(iii) receipted bills;
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(iv) canceled checks;
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(v) petty cash vouchers; or
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(vi) other sustaining data or memoranda.
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(d) In addition to a ledger or record required under Subsection (24)(a), a restaurant
266
liquor licensee shall maintain accounting and other records and documents as the department
267
may require.
268
(e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
269
alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
270
other documents of the restaurant required to be made, maintained, or preserved by this title or
271
the rules of the commission for the purpose of deceiving the commission or the department, or
272
any of their officials or employees, is subject to:
273
(i) the suspension or revocation of the restaurant's liquor license; and
274
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
275
(25) (a) A restaurant liquor licensee may not close or cease operation for a period
276
longer than 240 hours, unless:
277
(i) the restaurant liquor licensee notifies the department in writing at least seven days
278
before the closing; and
279
(ii) the closure or cessation of operation is first approved by the department.
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(b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
281
notice of closure shall be made to the department by telephone.
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(c) The department may authorize a closure or cessation of operation for a period not to
283
exceed 60 days. The department may extend the initial period an additional 30 days upon
284
written request of the restaurant licensee and upon a showing of good cause. A closure or
285
cessation of operation may not exceed a total of 90 days without commission approval.
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(d) Any notice shall include:
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(i) the dates of closure or cessation of operation;
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(ii) the reason for the closure or cessation of operation; and
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(iii) the date on which the licensee will reopen or resume operation.
290
(e) Failure of the licensee to provide notice and to obtain department authorization
291
prior to closure or cessation of operation shall result in an automatic forfeiture of:
292
(i) the license; and
293
(ii) the unused portion of the license fee for the remainder of the license year effective
294
immediately.
295
(f) Failure of the licensee to reopen or resume operation by the approved date shall
296
result in an automatic forfeiture of:
297
(i) the license; and
298
(ii) the unused portion of the license fee for the remainder of the license year.
299
(26) Each restaurant liquor licensee shall maintain at least 70% of its total restaurant
300
business from the sale of food, which does not include mix for alcoholic beverages or service
301
charges.
302
(27) A restaurant liquor license may not be transferred from one location to another,
303
without prior written approval of the commission.
304
(28) (a) A person, having been granted a restaurant liquor license may not sell, transfer,
305
assign, exchange, barter, give, or attempt in any way to dispose of the license to any other
306
person whether for monetary gain or not.
307
(b) A restaurant liquor license has no monetary value for the purpose of any type of
308
disposition.
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(29) Each server of alcoholic beverages in a licensee's establishment shall keep a
310
written beverage tab for each table or group that orders or consumes alcoholic beverages on the
311
premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
312
consumed.
313
(30) A person's willingness to serve alcoholic beverages may not be made a condition
314
of employment as a server with a restaurant that has a restaurant liquor license.
315
Section 2.
Section
32A-4-206
is amended to read:
316
32A-4-206. Operational restrictions.
317
Each person granted an airport lounge liquor license and the employees and
318
management personnel of the airport lounge shall comply with the following conditions and
319
requirements. Failure to comply may result in a suspension or revocation of the license or
320
other disciplinary action taken against individual employees or management personnel.
321
(1) (a) Liquor may not be purchased by an airport lounge liquor licensee except from
322
state stores or package agencies.
323
(b) Liquor purchased may be transported by the licensee from the place of purchase to
324
the licensed premises.
325
(c) Payment for liquor shall be made in accordance with the rules established by the
326
commission.
327
(2) An airport lounge liquor licensee may sell or provide a primary spirituous liquor
328
only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
329
dispensing system approved by the department in accordance with commission rules adopted
330
under this title, except that:
331
(a) spirituous liquor need not be dispensed through a calibrated metered dispensing
332
system if used as a secondary flavoring ingredient in a beverage subject to the following
333
restrictions:
334
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of
335
a spirituous primary liquor;
336
(ii) the secondary ingredient is not the only spirituous liquor in the beverage;
337
(iii) the airport lounge liquor licensee shall designate a location where flavorings are
338
stored on the floor plan provided to the department; and
339
(iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
340
(b) spirituous liquor need not be dispensed through a calibrated metered dispensing
341
system if used:
342
(i) as a flavoring on desserts; and
343
(ii) in the preparation of flaming food dishes, drinks, and desserts; and
344
(c) each airport lounge patron may have no more than 2.75 ounces of spirituous liquor
345
at a time before the patron.
346
(3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
347
exceed five ounces per glass or individual portion.
348
(ii) An individual portion may be served to a patron in more than one glass as long as
349
the total amount of wine does not exceed five ounces.
350
(iii) An individual portion of wine is considered to be one alcoholic beverage under
351
Subsection (7)(c).
352
(b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
353
fixed by the commission to tables of four or more persons.
354
(ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
355
the commission to tables of less than four persons.
356
(c) A wine service may be performed and a service charge assessed by the airport
357
lounge as authorized by commission rule for wine purchased at the airport lounge.
358
(4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
359
fixed by the commission.
360
(b) A service charge may be assessed by the airport lounge as authorized by
361
commission rule for heavy beer purchased at the airport lounge.
362
(5) (a) (i) Subject to Subsection (5)(a)(ii), an airport lounge licensed to sell liquor may
363
sell beer for on-premise consumption:
364
(A) in an open container; and
365
(B) on draft.
366
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
367
not exceed two liters, except that beer may not be sold to an individual patron in a size of
368
container that exceeds one liter.
369
(b) An airport lounge that sells beer pursuant to Subsection (5)(a):
370
(i) may do so without obtaining a separate on-premise beer retailer license from the
371
commission; and
372
(ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
373
Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
374
inconsistent with or less restrictive than the operational restrictions under this part.
375
(c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
376
Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the airport
377
lounge's:
378
(i) state liquor license; and
379
(ii) alcoholic beverage license issued by the local authority.
380
(6) Alcoholic beverages may not be stored, served, or sold in any place other than as
381
designated in the licensee's application, unless the licensee first applies for and receives
382
approval from the department for a change of location within the airport lounge.
383
(7) (a) A patron may only make purchases in the airport lounge from and be served by
384
a person employed, designated, and trained by the licensee to sell, dispense, and serve alcoholic
385
beverages.
386
(b) Notwithstanding Subsection (7)(a), a patron who has purchased bottled wine from
387
an employee of the airport lounge may serve wine from the bottle to the patron or others at the
388
patron's table.
389
(c) Each airport lounge patron may have no more than two alcoholic beverages of any
390
kind at a time before the patron.
391
(8) The liquor storage area shall remain locked at all times other than those hours and
392
days when liquor sales and service are authorized by law.
393
(9) Alcoholic beverages may not be sold, offered for sale, served, or otherwise
394
furnished at an airport lounge on any day after 12 midnight and before 8 a.m.
395
(10) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
396
(a) minor;
397
(b) person actually, apparently, or obviously intoxicated;
398
(c) known habitual drunkard; or
399
(d) known interdicted person.
400
(11) (a) (i) Liquor may be sold only at prices fixed by the commission.
401
(ii) Liquor may not be sold at discount prices on any date or at any time.
402
(b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
403
to the licensee.
404
(c) An alcoholic beverage may not be sold at a special or reduced price that encourages
405
over consumption or intoxication.
406
(d) An alcoholic beverage may not be sold at a special or reduced price for only certain
407
hours of the airport lounge's business day such as a "happy hour."
408
(e) The sale or service of more than one alcoholic beverage for the price of a single
409
alcoholic beverage is prohibited.
410
(f) The sale or service of an indefinite or unlimited number of alcoholic beverages
411
during any set period for a fixed price is prohibited.
412
(g) An airport lounge licensee may not engage in a public promotion involving or
413
offering free alcoholic beverages to the general public.
414
(12) Alcoholic beverages may not be purchased for a patron of an airport lounge by:
415
(a) the licensee; or
416
(b) any employee or agent of the licensee.
417
(13) (a) A person may not bring onto the premises of an airport lounge licensee any
418
alcoholic beverage for on-premise consumption.
419
(b) An airport lounge or its officers, managers, employees, or agents may not allow a
420
person to bring onto the airport lounge premises any alcoholic beverage for on-premise
421
consumption or allow consumption of any such alcoholic beverage on its premises.
422
(14) An airport lounge licensee and its employees may not permit a patron to remove
423
any alcoholic beverages from the airport lounge premises.
424
(15) (a) A minor may not be employed by an airport lounge licensee to sell or dispense
425
alcoholic beverages.
426
(b) Notwithstanding Subsection (15)(a), a minor may be employed to enter the sale at a
427
cash register or other sales recording device.
428
(16) An employee of an airport lounge licensee, while on duty, may not:
429
(a) consume an alcoholic beverage; or
430
(b) be intoxicated.
431
(17) Any charge or fee made in connection with the sale, service, or consumption of
432
liquor may be stated in a food or alcoholic beverage menu including:
433
(a) a set-up charge;
434
(b) a service charge; or
435
(c) a chilling fee.
436
(18) Each airport lounge liquor licensee shall display in a prominent place in the airport
437
lounge:
438
(a) the liquor license that is issued by the department;
439
(b) a list of the types and brand names of liquor being served through its calibrated
440
metered dispensing system; and
441
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
442
drugs is a serious crime that is prosecuted aggressively in Utah."
443
(19) (a) Each airport lounge liquor licensee shall maintain an expense ledger or record
444
showing in detail:
445
(i) quarterly expenditures made separately for malt or brewed beverages, liquor, and all
446
other items required by the department; and
447
(ii) sales made separately for malt or brewed beverages, food, and all other items
448
required by the department.
449
(b) This record shall be kept:
450
(i) in a form approved by the department; and
451
(ii) current for each three-month period.
452
(c) Each expenditure shall be supported by:
453
(i) delivery tickets;
454
(ii) invoices;
455
(iii) receipted bills;
456
(iv) canceled checks;
457
(v) petty cash vouchers; or
458
(vi) other sustaining data or memoranda.
459
(d) In addition to a ledger or record required by Subsection (19)(a), each airport lounge
460
liquor licensee shall maintain accounting and other records and documents as the department
461
may require.
462
(e) Any airport lounge or person acting for the airport lounge, who knowingly forges,
463
falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of
464
account or other documents of the airport lounge required to be made, maintained, or preserved
465
by this title or the rules of the commission for the purpose of deceiving the commission or the
466
department, or any of their officials or employees, is subject to:
467
(i) the immediate suspension or revocation of the airport lounge's liquor license; and
468
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
469
(20) An airport lounge liquor license may not be transferred from one location to
470
another, without prior written approval of the commission.
471
(21) (a) An airport lounge liquor licensee may not sell, transfer, assign, exchange,
472
barter, give, or attempt in any way to dispose of the license to any other person, whether for
473
monetary gain or not.
474
(b) An airport lounge liquor license has no monetary value for the purpose of any type
475
of disposition.
476
(22) Each server of alcoholic beverages in a licensee's establishment shall keep a
477
written beverage tab for each table or group that orders or consumes alcoholic beverages on the
478
premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
479
consumed.
480
(23) An airport lounge liquor licensee's premises may not be leased for private
481
functions.
482
(24) An airport lounge liquor licensee may not on the premises of the airport lounge
483
liquor licensee:
484
(a) engage in or permit any form of gambling, [or] as defined and proscribed in Title
485
76, Chapter 10, Part 11, Gambling;
486
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
487
Part 11, Gambling[, on the premises of the airport lounge liquor licensee.]; or
488
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
489
H. [
or simulates
] .H the risking of something of value for a return or for an outcome when the
489a
return or
490
outcome is based upon an element of chance, excluding the playing of an amusement device
491
that confers only an immediate and unrecorded right of replay not exchangeable for value.
492
Section 3.
Section
32A-4-307
is amended to read:
493
32A-4-307. Operational restrictions.
494
Each person granted a limited restaurant license and the employees and management
495
personnel of the restaurant shall comply with the following conditions and requirements.
496
Failure to comply may result in a suspension or revocation of the license or other disciplinary
497
action taken against individual employees or management personnel.
498
(1) (a) Wine and heavy beer may not be purchased by a limited restaurant licensee
499
except from state stores or package agencies.
500
(b) Wine and heavy beer purchased in accordance with Subsection (1)(a) may be
501
transported by the licensee from the place of purchase to the licensed premises.
502
(c) Payment for wine and heavy beer shall be made in accordance with rules
503
established by the commission.
504
(2) (a) A limited restaurant licensee may not sell, serve, or allow consumption of
505
spirituous liquor on the premises of the restaurant.
506
(b) Spirituous liquor may not be on the premises of the restaurant except for use:
507
(i) as a flavoring on desserts; and
508
(ii) in the preparation of flaming food dishes, drinks, and desserts.
509
(3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
510
exceed five ounces per glass or individual portion.
511
(ii) An individual portion may be served to a patron in more than one glass as long as
512
the total amount of wine does not exceed five ounces.
513
(iii) An individual portion of wine is considered to be one alcoholic beverage under
514
Subsection (7)(e).
515
(b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
516
fixed by the commission to tables of four or more persons.
517
(ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
518
the commission to tables of less than four persons.
519
(c) A wine service may be performed and a service charge assessed by the limited
520
restaurant as authorized by commission rule for wine purchased at the limited restaurant.
521
(4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
522
fixed by the commission.
523
(b) A service charge may be assessed by the limited restaurant as authorized by
524
commission rule for heavy beer purchased at the restaurant.
525
(5) (a) (i) Subject to Subsection (5)(a)(ii), a limited restaurant licensee may sell beer for
526
on-premise consumption:
527
(A) in an open container; and
528
(B) on draft.
529
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
530
not exceed two liters, except that beer may not be sold to an individual patron in a size of
531
container that exceeds one liter.
532
(b) A limited restaurant licensee that sells beer pursuant to Subsection (5)(a):
533
(i) may do so without obtaining a separate on-premise beer retailer license from the
534
commission; and
535
(ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
536
Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
537
inconsistent with or less restrictive than the operational restrictions under this part.
538
(c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
539
Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
540
restaurant's:
541
(i) limited restaurant license; and
542
(ii) alcoholic beverage license issued by the local authority.
543
(6) Wine, heavy beer, and beer may not be stored, served, or sold in any place other
544
than as designated in the licensee's application, unless the licensee first applies for and receives
545
approval from the department for a change of location within the restaurant.
546
(7) (a) (i) A patron may only make alcoholic beverage purchases in the limited
547
restaurant from and be served by a person employed, designated, and trained by the licensee to
548
sell and serve alcoholic beverages.
549
(ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
550
from an employee of the restaurant or has carried bottled wine onto the premises of the
551
restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
552
or others at the patron's table.
553
(b) Alcoholic beverages shall be delivered by a server to the patron.
554
(c) Any alcoholic beverage may only be consumed at the patron's table or counter.
555
(d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
556
(e) Each restaurant patron may have no more than two alcoholic beverages of any kind
557
at a time before the patron.
558
(8) The alcoholic beverage storage area shall remain locked at all times other than
559
those hours and days when alcoholic beverage sales are authorized by law.
560
(9) (a) Wine and heavy beer may not be sold, offered for sale, served, or otherwise
561
furnished at a limited restaurant during the following days or hours:
562
(i) until after the polls are closed on the day of any:
563
(A) regular general election;
564
(B) regular primary election; or
565
(C) statewide special election;
566
(ii) until after the polls are closed on the day of any municipal, special district, or
567
school election, but only:
568
(A) within the boundaries of the municipality, special district, or school district; and
569
(B) if required by local ordinance; and
570
(iii) on any other day after 12 midnight and before 12 noon.
571
(b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
572
Licenses, for on-premise beer licensees.
573
(10) Alcoholic beverages may not be sold except in connection with an order of food
574
prepared, sold, and served at the restaurant.
575
(11) Wine, heavy beer, and beer may not be sold, served, or otherwise furnished to any:
576
(a) minor;
577
(b) person actually, apparently, or obviously intoxicated;
578
(c) known habitual drunkard; or
579
(d) known interdicted person.
580
(12) (a) (i) Wine and heavy beer may be sold only at prices fixed by the commission.
581
(ii) Wine and heavy beer may not be sold at discount prices on any date or at any time.
582
(b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverages
583
to the licensee.
584
(c) An alcoholic beverage may not be sold at a special or reduced price that encourages
585
over consumption or intoxication.
586
(d) An alcoholic beverage may not be sold at a special or reduced price for only certain
587
hours of the limited restaurant's business day such as a "happy hour."
588
(e) The sale or service of more than one alcoholic beverage for the price of a single
589
alcoholic beverage is prohibited.
590
(f) The sale or service of an indefinite or unlimited number of alcoholic beverages
591
during any set period for a fixed price is prohibited.
592
(g) A limited restaurant licensee may not engage in a public promotion involving or
593
offering free alcoholic beverages to the general public.
594
(13) Alcoholic beverages may not be purchased for a patron of the restaurant by:
595
(a) the licensee; or
596
(b) any employee or agent of the licensee.
597
(14) (a) A person may not bring onto the premises of a limited restaurant licensee any
598
alcoholic beverage for on-premise consumption, except a person may bring, subject to the
599
discretion of the licensee, bottled wine onto the premises of any limited restaurant licensee for
600
on-premise consumption.
601
(b) Except bottled wine under Subsection (14)(a), a limited restaurant licensee or its
602
officers, managers, employees, or agents may not allow:
603
(i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
604
consumption; or
605
(ii) consumption of any alcoholic beverage described in Subsection (14)(b)(i) on its
606
premises.
607
(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
608
or other representative of the licensee upon entering the restaurant.
609
(d) A wine service may be performed and a service charge assessed by the restaurant as
610
authorized by commission rule for wine carried in by a patron.
611
(15) (a) Except as provided in Subsection (15)(b), a limited restaurant licensee and its
612
employees may not permit a restaurant patron to carry from the restaurant premises an open
613
container that:
614
(i) is used primarily for drinking purposes; and
615
(ii) contains any alcoholic beverage.
616
(b) Notwithstanding Subsection (15)(a), a patron may remove the unconsumed
617
contents of a bottle of wine if before removal the bottle has been recorked or recapped.
618
(16) (a) A minor may not be employed by a limited restaurant licensee to sell or
619
dispense alcoholic beverages.
620
(b) Notwithstanding Subsection (16)(a), a minor may be employed to enter the sale at a
621
cash register or other sales recording device.
622
(17) An employee of a limited restaurant licensee, while on duty, may not:
623
(a) consume an alcoholic beverage; or
624
(b) be intoxicated.
625
(18) A charge or fee made in connection with the sale, service, or consumption of wine
626
or heavy beer may be stated in food or alcoholic beverage menus including:
627
(a) a service charge; or
628
(b) a chilling fee.
629
(19) Each limited restaurant licensee shall display in a prominent place in the
630
restaurant:
631
(a) the license that is issued by the department; and
632
(b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
633
drugs is a serious crime that is prosecuted aggressively in Utah."
634
(20) The following acts or conduct in a restaurant licensed under this part are
635
considered contrary to the public welfare and morals, and are prohibited upon the premises:
636
(a) employing or using any person in the sale or service of alcoholic beverages while
637
the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
638
female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
639
buttocks, vulva, or genitals;
640
(b) employing or using the services of any person to mingle with the patrons while the
641
person is unclothed or in attire, costume, or clothing described in Subsection (20)(a);
642
(c) encouraging or permitting any person to touch, caress, or fondle the breasts,
643
buttocks, anus, or genitals of any other person;
644
(d) permitting any employee or person to wear or use any device or covering, exposed
645
to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
646
(e) permitting any person to use artificial devices or inanimate objects to depict any of
647
the prohibited activities described in this Subsection (20);
648
(f) permitting any person to remain in or upon the premises who exposes to public
649
view any portion of that person's genitals or anus; or
650
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
651
depicting:
652
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
653
copulation, flagellation, or any sexual acts prohibited by Utah law;
654
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
655
genitals;
656
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or
657
drawings are used to portray, any of the prohibited activities described in this Subsection (20);
658
or
659
(iv) scenes wherein a person displays the vulva, anus, or the genitals.
660
(21) Nothing in Subsection (20) precludes a local authority from being more restrictive
661
of acts or conduct of the type prohibited in Subsection (20).
662
(22) (a) Although live entertainment is permitted on the premises of a limited
663
restaurant licensee, a licensee may not allow any person to perform or simulate sexual acts
664
prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral
665
copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or
666
genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform
667
only upon a stage or at a designated area approved by the commission.
668
(b) Nothing in Subsection (22)(a) precludes a local authority from being more
669
restrictive of acts or conduct of the type prohibited in Subsection (22)(a).
670
(23) A limited restaurant licensee may not on the premises of the restaurant:
671
(a) engage in or permit any form of gambling, [or] as defined and proscribed in Title
672
76, Chapter 10, Part 11, Gambling;
673
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
674
Part 11, Gambling[, on the premises of the restaurant.]; or
675
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
676
H. [
or simulates
] .H the risking of something of value for a return or for an outcome when the
676a
return or
677
outcome is based upon an element of chance, excluding the playing of an amusement device
678
that confers only an immediate and unrecorded right of replay not exchangeable for value.
679
(24) (a) Each limited restaurant licensee shall maintain an expense ledger or record
680
showing in detail:
681
(i) quarterly expenditures made separately for:
682
(A) wine;
683
(B) heavy beer;
684
(C) beer;
685
(D) food; and
686
(E) all other items required by the department; and
687
(ii) sales made separately for:
688
(A) wine;
689
(B) heavy beer;
690
(C) beer;
691
(D) food; and
692
(E) all other items required by the department.
693
(b) The record required by Subsection (24)(a) shall be kept:
694
(i) in a form approved by the department; and
695
(ii) current for each three-month period.
696
(c) Each expenditure shall be supported by:
697
(i) delivery tickets;
698
(ii) invoices;
699
(iii) receipted bills;
700
(iv) canceled checks;
701
(v) petty cash vouchers; or
702
(vi) other sustaining data or memoranda.
703
(d) In addition to the ledger or record maintained under Subsections (24)(a) through
704
(c), a limited restaurant licensee shall maintain accounting and other records and documents as
705
the department may require.
706
(e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
707
alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
708
other documents of the restaurant required to be made, maintained, or preserved by this title or
709
the rules of the commission for the purpose of deceiving the commission or department, or any
710
of their officials or employees, is subject to:
711
(i) the suspension or revocation of the limited restaurant's license; and
712
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
713
(25) (a) A limited restaurant licensee may not close or cease operation for a period
714
longer than 240 hours, unless:
715
(i) the limited restaurant licensee notifies the department in writing at least seven days
716
before the closing; and
717
(ii) the closure or cessation of operation is first approved by the department.
718
(b) Notwithstanding Subsection (25)(a), in the case of emergency closure, immediate
719
notice of closure shall be made to the department by telephone.
720
(c) (i) Subject to Subsection (25)(c)(iii), the department may authorize a closure or
721
cessation of operation for a period not to exceed 60 days.
722
(ii) The department may extend the initial period an additional 30 days upon:
723
(A) written request of the limited restaurant licensee; and
724
(B) a showing of good cause.
725
(iii) A closure or cessation of operation may not exceed a total of 90 days without
726
commission approval.
727
(d) Any notice required by Subsection (25)(a) shall include:
728
(i) the dates of closure or cessation of operation;
729
(ii) the reason for the closure or cessation of operation; and
730
(iii) the date on which the licensee will reopen or resume operation.
731
(e) Failure of the licensee to provide notice and to obtain department authorization
732
before closure or cessation of operation shall result in an automatic forfeiture of:
733
(i) the license; and
734
(ii) the unused portion of the license fee for the remainder of the license year effective
735
immediately.
736
(f) Failure of the licensee to reopen or resume operation by the approved date shall
737
result in an automatic forfeiture of:
738
(i) the license; and
739
(ii) the unused portion of the license fee for the remainder of the license year.
740
(26) Each limited restaurant licensee shall maintain at least 70% of its total restaurant
741
business from the sale of food, which does not include service charges.
742
(27) A limited restaurant license may not be transferred from one location to another,
743
without prior written approval of the commission.
744
(28) (a) A limited restaurant licensee may not sell, transfer, assign, exchange, barter,
745
give, or attempt in any way to dispose of the license to any other person whether for monetary
746
gain or not.
747
(b) A limited restaurant license has no monetary value for the purpose of any type of
748
disposition.
749
(29) (a) Each server of wine, heavy beer, and beer in a limited restaurant licensee's
750
establishment shall keep a written beverage tab for each table or group that orders or consumes
751
alcoholic beverages on the premises.
752
(b) The beverage tab required by Subsection (29)(a) shall list the type and amount of
753
alcoholic beverages ordered or consumed.
754
(30) A limited restaurant licensee may not make a person's willingness to serve
755
alcoholic beverages a condition of employment as a server with the restaurant.
756
Section 4.
Section
32A-4-406
is amended to read:
757
32A-4-406. Operational restrictions.
758
Each person granted an on-premise banquet license and the employees and management
759
personnel of the on-premise banquet licensee shall comply with this title, the rules of the
760
commission, and the following conditions and requirements. Failure to comply may result in a
761
suspension or revocation of the license or other disciplinary action taken against individual
762
employees or management personnel.
763
(1) A person involved in the sale or service of alcoholic beverages under the
764
on-premise banquet license shall:
765
(a) be under the supervision and direction of the on-premise banquet licensee; and
766
(b) complete the seminar provided for in Section
62A-15-401
.
767
(2) (a) Liquor may not be purchased by the on-premise banquet licensee except from
768
state stores or package agencies.
769
(b) Liquor purchased in accordance with Subsection (2)(a) may be transported by the
770
on-premise banquet licensee from the place of purchase to the licensed premises.
771
(c) Payment for liquor shall be made in accordance with rules established by the
772
commission.
773
(3) Alcoholic beverages may be sold or provided at a banquet subject to the restrictions
774
set forth in this Subsection (3).
775
(a) An on-premise banquet licensee may sell or provide any primary spirituous liquor
776
only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
777
dispensing system approved by the department in accordance with commission rules adopted
778
under this title, except that:
779
(i) spirituous liquor need not be dispensed through a calibrated metered dispensing
780
system if used as a secondary flavoring ingredient in a beverage subject to the following
781
restrictions:
782
(A) the secondary ingredient may be dispensed only in conjunction with the purchase
783
of a primary spirituous liquor;
784
(B) the secondary ingredient may not be the only spirituous liquor in the beverage;
785
(C) the on-premise banquet licensee shall designate a location where flavorings are
786
stored on the floor plan provided to the department; and
787
(D) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
788
(ii) spirituous liquor need not be dispensed through a calibrated metered dispensing
789
system if used:
790
(A) as a flavoring on desserts; and
791
(B) in the preparation of flaming food dishes, drinks, and desserts;
792
(iii) each attendee may have no more than 2.75 ounces of spirituous liquor at a time
793
before the attendee; and
794
(iv) each attendee may have no more than one spirituous liquor drink at a time before
795
the attendee.
796
(b) (i) (A) Wine may be sold and served by the glass or an individual portion not to
797
exceed five ounces per glass or individual portion.
798
(B) An individual portion may be served to an attendee in more than one glass as long
799
as the total amount of wine does not exceed five ounces.
800
(C) An individual portion of wine is considered to be one alcoholic beverage under
801
Subsection (5)(c).
802
(ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed
803
by the commission.
804
(iii) A wine service may be performed and a service charge assessed by the on-premise
805
banquet licensee as authorized by commission rule for wine purchased on the banquet
806
premises.
807
(c) (i) Heavy beer may be served in original containers not exceeding one liter at prices
808
fixed by the commission.
809
(ii) A service charge may be assessed by the on-premise banquet licensee as authorized
810
by commission rule for heavy beer purchased on the banquet premises.
811
(d) (i) Except as provided in Subsection (3)(d)(ii), beer may be sold and served for
812
on-premise consumption:
813
(A) in an open container; and
814
(B) on draft.
815
(ii) Beer sold pursuant to Subsection (3)(d)(i) shall be in a size of container that does
816
not exceed two liters, except that beer may not be sold to an individual attendee in a container
817
size that exceeds one liter.
818
(4) Alcoholic beverages may not be stored, served, or sold in any place other than as
819
designated in the on-premise banquet licensee's application, except that additional locations in
820
or on the premises of an on-premise banquet licensee may be approved in accordance with
821
guidelines approved by the commission as provided in Subsection
32A-4-402
(2).
822
(5) (a) An attendee may only make alcoholic beverage purchases from and be served by
823
a person employed, designated, and trained by the on-premise banquet licensee to sell and
824
serve alcoholic beverages.
825
(b) Notwithstanding Subsection (5)(a), an attendee who has purchased bottled wine
826
from an employee of the on-premise banquet licensee may thereafter serve wine from the bottle
827
to the attendee or others at the attendee's table.
828
(c) Each attendee may have no more than two alcoholic beverages of any kind at a time
829
before the attendee.
830
(6) The alcoholic beverage storage area shall remain locked at all times other than
831
those hours and days when alcoholic beverage sales are authorized by law.
832
(7) (a) Except as provided in Subsection (7)(b), alcoholic beverages may be offered for
833
sale, sold, served, or otherwise furnished from 10 a.m. to 1 a.m. seven days a week:
834
(i) at a banquet; or
835
(ii) in connection with room service.
836
(b) Notwithstanding Subsection (7)(a), a sale or service of alcoholic beverages may not
837
occur at a banquet or in connection with room service until after the polls are closed on the day
838
of:
839
(i) a regular general election;
840
(ii) a regular primary election; or
841
(iii) a statewide special election.
842
(8) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
843
(a) minor;
844
(b) person actually, apparently, or obviously intoxicated;
845
(c) known habitual drunkard; or
846
(d) known interdicted person.
847
(9) (a) (i) Liquor may be sold only at prices fixed by the commission.
848
(ii) Liquor may not be sold at discount prices on any date or at any time.
849
(b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
850
to the licensee.
851
(c) An alcoholic beverage may not be sold at a special or reduced price that encourages
852
over consumption or intoxication.
853
(d) An alcoholic beverage may not be sold at a special or reduced price for only certain
854
hours of the on-premise banquet licensee's business day such as a "happy hour."
855
(e) The sale or service of more than one alcoholic beverage for the price of a single
856
alcoholic beverage is prohibited.
857
(f) An on-premise banquet licensee may not engage in a public promotion involving or
858
offering free alcoholic beverages to the general public.
859
(10) Alcoholic beverages may not be purchased for an attendee by:
860
(a) the on-premise banquet licensee; or
861
(b) any employee or agent of the on-premise banquet licensee.
862
(11) An attendee of a banquet may not bring any alcoholic beverage into or onto, or
863
remove any alcoholic beverage from the premises of a banquet.
864
(12) (a) Except as otherwise provided in this title, the sale and service of alcoholic
865
beverages by an on-premise banquet licensee at a banquet shall be made only for consumption
866
at the location of the banquet.
867
(b) The host of a banquet, an attendee, or any other person other than the on-premise
868
banquet licensee or its employees, may not remove any alcoholic beverage from the premises
869
of the banquet.
870
(13) An on-premise banquet licensee employee shall remain at the banquet at all times
871
when alcoholic beverages are being sold, served, or consumed at the banquet.
872
(14) (a) An on-premise banquet licensee may not leave any unsold alcoholic beverages
873
at the banquet following the conclusion of the banquet.
874
(b) At the conclusion of a banquet, the on-premise banquet licensee or its employees,
875
shall:
876
(i) destroy any opened and unused alcoholic beverages that are not saleable, under
877
conditions established by the department; and
878
(ii) return to the on-premise banquet licensee's approved locked storage area any:
879
(A) opened and unused alcoholic beverage that is saleable; and
880
(B) unopened containers of alcoholic beverages.
881
(15) Except as provided in Subsection (14), any open or sealed container of alcoholic
882
beverages not sold or consumed at a banquet:
883
(a) shall be stored by the on-premise banquet licensee in the licensee's approved locked
884
storage area; and
885
(b) may be used at more than one banquet.
886
(16) An on-premise banquet licensee may not employ a minor to sell, serve, dispense,
887
or otherwise furnish alcoholic beverages in connection with the licensee's banquet and room
888
service activities.
889
(17) An employee of an on-premise banquet licensee, while on duty, may not:
890
(a) consume an alcoholic beverage; or
891
(b) be intoxicated.
892
(18) An on-premise banquet licensee shall prominently display at each banquet at
893
which alcoholic beverages are sold or served:
894
(a) a copy of the licensee's on-premise banquet license; and
895
(b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
896
drugs is a serious crime that is prosecuted aggressively in Utah."
897
(19) The following acts or conduct are considered contrary to the public welfare and
898
morals, and are prohibited at and during the hours of a banquet:
899
(a) employing or using any person in the sale or service of alcoholic beverages while
900
the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
901
female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
902
buttocks, vulva, or genitals;
903
(b) employing or using the services of any person to mingle with the patrons while the
904
person is unclothed or in attire, costume, or clothing described in Subsection (19)(a);
905
(c) encouraging or permitting any person to touch, caress, or fondle the breasts,
906
buttocks, anus, or genitals of any other person;
907
(d) permitting any employee or person to wear or use any device or covering, exposed
908
to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
909
(e) permitting any person to use artificial devices or inanimate objects to depict any of
910
the prohibited activities described in this Subsection (19);
911
(f) permitting any person to remain in or upon the premises who exposes to public
912
view any portion of that person's genitals or anus; or
913
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
914
depicting:
915
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
916
copulation, flagellation, or any sexual acts prohibited by Utah law;
917
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
918
genitals;
919
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or
920
drawings are used to portray, any of the prohibited activities described in this Subsection (19);
921
or
922
(iv) scenes wherein a person displays the vulva, anus, or the genitals.
923
(20) Nothing in Subsection (19) precludes a local authority from being more restrictive
924
of acts or conduct of the type prohibited in Subsection (19).
925
(21) (a) Although live entertainment is permitted at a banquet, an on-premise banquet
926
licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law,
927
including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the
928
touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of
929
the pubic hair, anus, vulva, or genitals.
930
(b) Nothing in Subsection (21)(a) precludes a local authority from being more
931
restrictive of acts or conduct of the type prohibited in Subsection (21)(a).
932
(22) An on-premise banquet licensee may not on the premises of the hotel, resort
933
facility, sports center, or convention center:
934
(a) engage in or permit any form of gambling, [or] as defined and proscribed in Title
935
76, Chapter 10, Part 11, Gambling;
936
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
937
Part 11, Gambling[, on the premises of the:]; or
938
[(a) hotel;]
939
[(b) resort facility;]
940
[(c) sports center; or]
941
[(d) convention center.]
942
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
943
H. [
or simulates
] .H the risking of something of value for a return or for an outcome
943a
when the return or
944
outcome is based upon an element of chance, excluding the playing of an amusement device
945
that confers only an immediate and unrecorded right of replay not exchangeable for value.
946
(23) (a) An on-premise banquet licensee shall maintain accounting and such other
947
records and documents as the commission or department may require.
948
(b) An on-premise banquet licensee or person acting for the on-premise banquet
949
licensee, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the
950
entries in any of the books of account or other documents of the on-premise banquet licensee
951
required to be made, maintained, or preserved by this title or the rules of the commission for
952
the purpose of deceiving the commission or department, or any of their officials or employees,
953
is subject to:
954
(i) the suspension or revocation of the on-premise banquet license; and
955
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
956
(24) (a) For the purpose described in Subsection (24)(b), an on-premise banquet
957
licensee shall provide the department with advance notice of a scheduled banquet in
958
accordance with rules made by the commission in accordance with Title 63, Chapter 46a, Utah
959
Administrative Rulemaking Act.
960
(b) The advance notice required by Subsection (24)(a) is required to provide any of the
961
following the opportunity to conduct a random inspection of a banquet:
962
(i) an authorized representative of the commission or the department; or
963
(ii) a law enforcement officer.
964
(25) An on-premise banquet licensee shall maintain at least 50% of its total annual
965
banquet gross receipts from the sale of food, not including:
966
(a) mix for alcoholic beverages; and
967
(b) charges in connection with the service of alcoholic beverages.
968
(26) A person may not transfer an on-premise banquet license from one business
969
location to another without prior written approval of the commission.
970
(27) (a) An on-premise banquet licensee may not sell, transfer, assign, exchange,
971
barter, give, or attempt in any way to dispose of the license to any other person, whether for
972
monetary gain or not.
973
(b) An on-premise banquet license has no monetary value for the purpose of any type
974
of disposition.
975
(28) (a) Room service of alcoholic beverages to a guest room of a hotel or resort
976
facility shall be provided in person by an on-premise banquet licensee employee only to an
977
adult guest in the guest room.
978
(b) Alcoholic beverages may not be left outside a guest room for retrieval by a guest.
979
(c) An on-premise banquet licensee may only provide alcoholic beverages for room
980
service in sealed containers.
981
Section 5.
Section
32A-5-107
is amended to read:
982
32A-5-107. Operational restrictions.
983
Each club granted a private club license and the employees, management personnel, and
984
members of the club shall comply with the following conditions and requirements. Failure to
985
comply may result in a suspension or revocation of the license or other disciplinary action
986
taken against individual employees or management personnel.
987
(1) Each private club shall have a governing body that:
988
(a) consists of three or more members of the club; and
989
(b) holds regular meetings to:
990
(i) review membership applications; and
991
(ii) conduct any other business as required by the bylaws or house rules of the private
992
club.
993
(2) (a) Each private club may admit an individual as a member only on written
994
application signed by the applicant, subject to:
995
(i) the applicant paying an application fee as required by Subsection (4); and
996
(ii) investigation, vote, and approval of a quorum of the governing body.
997
(b) (i) Admissions shall be recorded in the official minutes of a regular meeting of the
998
governing body.
999
(ii) An application, whether approved or disapproved, shall be filed as a part of the
1000
official records of the licensee.
1001
(c) Notwithstanding Subsection (2)(a), a private club, in its discretion, may admit an
1002
applicant and immediately accord the applicant temporary privileges of a member until the
1003
governing body completes its investigation and votes on the application, subject to the
1004
following conditions:
1005
(i) the applicant shall:
1006
(A) submit a written application; and
1007
(B) pay the application fee required by Subsection (4);
1008
(ii) the governing body votes on the application at its next meeting which shall take
1009
place no later than 31 days following the day on which the application was submitted; and
1010
(iii) the applicant's temporary membership privileges are terminated if the governing
1011
body disapproves the application.
1012
(d) The spouse of a member of any class of private club is entitled to all the rights and
1013
privileges of the member:
1014
(i) to the extent permitted by the bylaws or house rules of the private club; and
1015
(ii) except to the extent restricted by this title.
1016
(e) The minor child of a member of a class A private club is entitled to all the rights
1017
and privileges of the member:
1018
(i) to the extent permitted by the bylaws or house rules of the private club; and
1019
(ii) except to the extent restricted by this title.
1020
(3) (a) Each private club shall maintain a current and complete membership record
1021
showing:
1022
(i) the date of application of each proposed member;
1023
(ii) each member's address;
1024
(iii) the date the governing body approved a member's admission;
1025
(iv) the date initiation fees and dues were assessed and paid; and
1026
(v) the serial number of the membership card issued to each member.
1027
(b) A current record shall also be kept indicating when members are dropped or
1028
resigned.
1029
(4) (a) Each private club shall establish in the club bylaws or house rules application
1030
fees and membership dues:
1031
(i) as established by commission rules; and
1032
(ii) which are collected from all members.
1033
(b) An application fee:
1034
(i) shall not be less than $4;
1035
(ii) shall be paid when the applicant applies for membership; and
1036
(iii) at the discretion of the private club, may be credited toward membership dues if
1037
the governing body approves the applicant as a member.
1038
(5) (a) Each private club may, in its discretion, allow an individual to be admitted to or
1039
use the club premises as a guest only under the following conditions:
1040
(i) each guest must be previously authorized by one of the following who agrees to host
1041
the guest into the club:
1042
(A) an active member of the club; or
1043
(B) a holder of a current visitor card;
1044
(ii) each guest must be known by the guest's host based on a preexisting bonafide
1045
business or personal relationship with the host prior to the guest's admittance to the club;
1046
(iii) each guest must be accompanied by the guest's host for the duration of the guest's
1047
visit to the club;
1048
(iv) each guest's host must remain on the club premises for the duration of the guest's
1049
visit to the club;
1050
(v) each guest's host is responsible for the cost of all services extended to the guest;
1051
(vi) each guest enjoys only those privileges derived from the guest's host for the
1052
duration of the guest's visit to the club;
1053
(vii) an employee of the club, while on duty, may not act as a host for a guest;
1054
(viii) an employee of the club, while on duty, may not attempt to locate a member or
1055
current visitor card holder to serve as a host for a guest with whom the member or visitor card
1056
holder has no acquaintance based on a preexisting bonafide business or personal relationship
1057
prior to the guest's arrival at the club; and
1058
(ix) a club and its employees may not enter into an agreement or arrangement with a
1059
club member or holder of a current visitor card to indiscriminately host members of the general
1060
public into the club as guests.
1061
(b) Notwithstanding Subsection (5)(a), previous authorization is not required if:
1062
(i) the licensee is a class B private club; and
1063
(ii) the guest is a member of the same fraternal organization as the private club
1064
licensee.
1065
(6) Each private club may, in its discretion, issue visitor cards to allow individuals to
1066
enter and use the club premises on a temporary basis under the following conditions:
1067
(a) each visitor card shall be issued for a period not to exceed three weeks;
1068
(b) a fee of not less than $4 shall be assessed for each visitor card issued;
1069
(c) a visitor card shall not be issued to a minor;
1070
(d) a holder of a visitor card may not host more than seven guests at one time;
1071
(e) each visitor card issued shall include:
1072
(i) the visitor's full name and signature;
1073
(ii) the date the card was issued;
1074
(iii) the date the card expires;
1075
(iv) the club's name; and
1076
(v) the serial number of the card; and
1077
(f) (i) the club shall maintain a current record of the issuance of each visitor card on the
1078
club premises; and
1079
(ii) the record described in Subsection (6)(f)(i) shall:
1080
(A) be available for inspection by the department; and
1081
(B) include:
1082
(I) the name of the person to whom the card was issued;
1083
(II) the date the card was issued;
1084
(III) the date the card expires; and
1085
(IV) the serial number of the card.
1086
(7) A private club may not sell alcoholic beverages to or allow any patron to be
1087
admitted to or use the club premises other than:
1088
(a) a member;
1089
(b) a visitor who holds a valid visitor card issued under Subsection (6); or
1090
(c) a guest of:
1091
(i) a member; or
1092
(ii) a holder of a current visitor card.
1093
(8) (a) A minor may not be:
1094
(i) a member, officer, director, or trustee of a private club;
1095
(ii) issued a visitor card;
1096
(iii) admitted into, use, or be on the premises of a class D private club except to the
1097
extent authorized under Subsections (8)(b) through (g);
1098
(iv) admitted into, use, or be on the premises of any lounge or bar area, as defined by
1099
commission rule, of any private club except to the extent authorized under Subsection
1100
(8)(c)(ii); or
1101
(v) admitted into, use, or be on the premises of any private club that:
1102
(A) provides sexually oriented adult entertainment as defined by commission rule or by
1103
local ordinance; or
1104
(B) operates as a sexually oriented business as defined by commission rule or by local
1105
ordinance.
1106
(b) At the discretion of a class D private club, a minor may be admitted into, use, or be
1107
on the premises of a class D private club under the following circumstances:
1108
(i) during periods when no alcoholic beverages are sold, served, otherwise furnished,
1109
or consumed on the premises, but in no event later than 1 p.m.;
1110
(ii) when accompanied at all times by a member or holder of a current visitor card who
1111
is the minor's parent, legal guardian, or spouse; and
1112
(iii) the private club has a full kitchen and is licensed by the local jurisdiction as a food
1113
service provider.
1114
(c) A minor may be employed by a class D private club on the premises of the club if:
1115
(i) the parent or legal guardian of the minor owns or operates the class D private club;
1116
or
1117
(ii) the minor performs maintenance and cleaning services during the hours when the
1118
club is not open for business.
1119
(d) (i) Subject to Subsection (8)(d)(ii), a minor who is at least 18 years of age may be
1120
admitted into, use, or be on the premises of a dance or concert hall if:
1121
(A) the dance or concert hall is located:
1122
(I) on the premises of a class D private club; or
1123
(II) on the property that immediately adjoins the premises of and is operated by a class
1124
D private club; and
1125
(B) the commission has issued the class D private club a permit to operate a minor
1126
dance or concert hall based on the criteria described in Subsection (8)(d)(iii).
1127
(ii) If the dance or concert hall is located on the premises of a class D private club, a
1128
minor must be properly hosted in accordance with Subsection (5) by:
1129
(A) a member; or
1130
(B) a holder of a current visitor card.
1131
(iii) The commission may issue a minor dance or concert hall permit if:
1132
(A) the club's lounge, bar, and alcoholic beverage consumption area is:
1133
(I) not accessible to minors;
1134
(II) clearly defined; and
1135
(III) separated from the dance or concert hall area by walls, multiple floor levels, or
1136
other substantial physical barriers;
1137
(B) any bar or dispensing area is not visible to minors;
1138
(C) no consumption of alcoholic beverages may occur in:
1139
(I) the dance or concert hall area; or
1140
(II) any area of the club accessible to a minor;
1141
(D) the club maintains sufficient security personnel to prevent the passing of beverages
1142
from the club's lounge, bar, or alcoholic beverage consumption areas to:
1143
(I) the dance or concert hall area; or
1144
(II) any area of the club accessible to a minor;
1145
(E) there are separate entrances, exits, and restroom facilities from the club's lounge,
1146
bar, and alcoholic beverage consumption areas than for:
1147
(I) the dance or concert hall area; or
1148
(II) any area accessible to a minor; and
1149
(F) the club complies with any other restrictions imposed by the commission by rule.
1150
(e) A minor under 18 years of age who is accompanied at all times by a parent or legal
1151
guardian who is a member or holder of a current visitor card may be admitted into, use, or be
1152
on the premises of a concert hall described in Subsection (8)(d)(i) if:
1153
(i) all requirements of Subsection (8)(d) are met; and
1154
(ii) all signage, product, and dispensing equipment containing recognition of alcoholic
1155
beverages is not visible to the minor.
1156
(f) A minor under 18 years of age but who is 14 years of age or older who is not
1157
accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of
1158
a concert hall described in Subsection (8)(d)(i) if:
1159
(i) all requirements of Subsections (8)(d) and (8)(e)(ii) are met; and
1160
(ii) there is no alcoholic beverage, sales, service, or consumption on the premises of the
1161
class D private club.
1162
(g) The commission may suspend or revoke a minor dance or concert permit issued to
1163
a class D private club and suspend or revoke the license of the class D private club if:
1164
(i) the club fails to comply with the restrictions in Subsection (8)(d), (e), or (f);
1165
(ii) the club sells, serves, or otherwise furnishes alcoholic beverages to a minor;
1166
(iii) the licensee or a supervisory or managerial level employee of the private club is
1167
convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities
1168
that occurred on:
1169
(A) the licensed premises; or
1170
(B) the dance or concert hall that is located on property that immediately adjoins the
1171
premises of and is operated by the class D private club;
1172
(iv) there are three or more convictions of patrons of the private club under Title 58,
1173
Chapter 37, Utah Controlled Substances Act, based on activities that occurred on:
1174
(A) the licensed premises; or
1175
(B) the dance or concert hall that is located on property that immediately adjoins the
1176
premises of and is operated by the class D private club;
1177
(v) there is more than one conviction:
1178
(A) of:
1179
(I) the licensee;
1180
(II) an employee of the licensee;
1181
(III) an entertainer contracted by the licensee; or
1182
(IV) a patron of the private club; and
1183
(B) made on the basis of lewd acts or lewd entertainment prohibited by this title that
1184
occurred on:
1185
(I) the licensed premises; or
1186
(II) the dance or concert hall that is located on property that immediately adjoins the
1187
premises of and is operated by the class D private club; or
1188
(vi) the commission finds acts or conduct contrary to the public welfare and morals
1189
involving lewd acts or lewd entertainment prohibited by this title that occurred on:
1190
(A) the licensed premises; or
1191
(B) the dance or concert hall that is located on property that immediately adjoins the
1192
premises of and is operated by the class D private club.
1193
(h) Nothing in this Subsection (8) shall prohibit a class D private club from selling,
1194
serving, or otherwise furnishing alcoholic beverages in a dance or concert area located on the
1195
club premises on days and times when the club does not allow minors into those areas.
1196
(i) Nothing in Subsections (8)(a) through (g) precludes a local authority from being
1197
more restrictive of a minor's admittance to, use of, or presence on the premises of any private
1198
club.
1199
(9) An employee of a club, while on duty, may not:
1200
(a) consume an alcoholic beverage;
1201
(b) be intoxicated; or
1202
(c) act as a host for a guest.
1203
(10) (a) Each private club shall maintain an expense ledger or record showing in detail
1204
all expenditures separated by payments for:
1205
(i) malt or brewed beverages;
1206
(ii) liquor;
1207
(iii) food;
1208
(iv) detailed payroll;
1209
(v) entertainment;
1210
(vi) rent;
1211
(vii) utilities;
1212
(viii) supplies; and
1213
(ix) all other expenditures.
1214
(b) The record required by this Subsection (10) shall be:
1215
(i) kept in a form approved by the department; and
1216
(ii) balanced each month.
1217
(c) Each expenditure shall be supported by:
1218
(i) delivery tickets;
1219
(ii) invoices;
1220
(iii) receipted bills;
1221
(iv) canceled checks;
1222
(v) petty cash vouchers; or
1223
(vi) other sustaining data or memoranda.
1224
(d) All invoices and receipted bills for the current calendar or fiscal year documenting
1225
purchases made by the club shall also be maintained.
1226
(11) (a) Each private club shall maintain a minute book that is posted currently by the
1227
club.
1228
(b) The minute book required by this Subsection (11) shall contain the minutes of all
1229
regular and special meetings of the governing body.
1230
(c) Membership lists shall also be maintained.
1231
(12) (a) Each private club shall maintain current copies of the club's current bylaws and
1232
current house rules.
1233
(b) Changes in the bylaws or house rules:
1234
(i) are not effective unless submitted to the department within ten days after adoption;
1235
and
1236
(ii) become effective 15 days after received by the department unless rejected by the
1237
department before the expiration of the 15-day period.
1238
(13) Each private club shall maintain accounting and other records and documents as
1239
the department may require.
1240
(14) Any club or person acting for the club, who knowingly forges, falsifies, alters,
1241
cancels, destroys, conceals, or removes the entries in any of the books of account or other
1242
documents of the club required to be made, maintained, or preserved by this title or the rules of
1243
the commission for the purpose of deceiving the commission or the department, or any of their
1244
officials or employees, is subject to:
1245
(a) the suspension or revocation of the club's license; and
1246
(b) possible criminal prosecution under Chapter 12, Criminal Offenses.
1247
(15) (a) Each private club shall maintain and keep all the records required by this
1248
section and all other books, records, receipts, and disbursements maintained or used by the
1249
licensee, as the department requires, for a minimum period of three years.
1250
(b) All records, books, receipts, and disbursements are subject to inspection by
1251
authorized representatives of the commission and the department.
1252
(c) The club shall allow the department, through its auditors or examiners, to audit all
1253
records of the club at times the department considers advisable.
1254
(d) The department shall audit the records of the licensee at least once annually.
1255
(16) Each private club shall own or lease premises suitable for the club's activities.
1256
(17) (a) A private club may not maintain facilities in any manner that barricades or
1257
conceals the club operation.
1258
(b) Any member of the commission, authorized department personnel, or any peace
1259
officer shall, upon presentation of credentials, be admitted immediately to the club and
1260
permitted without hindrance or delay to inspect completely the entire club premises and all
1261
books and records of the licensee, at any time during which the same are open for the
1262
transaction of business to its members.
1263
(18) Any public advertising related to a private club by the following shall clearly
1264
identify a club as being "a private club for members":
1265
(a) the private club;
1266
(b) the employees or agents of the private club; or
1267
(c) any person under a contract or agreement with the club.
1268
(19) A private club must have food available at all times when alcoholic beverages are
1269
sold, served, or consumed on the premises.
1270
(20) (a) Liquor may not be purchased by a private club licensee except from state
1271
stores or package agencies.
1272
(b) Liquor purchased in accordance with Subsection (20)(a) may be transported by the
1273
licensee from the place of purchase to the licensed premises.
1274
(c) Payment for liquor shall be made in accordance with rules established by the
1275
commission.
1276
(21) A private club licensee may sell or provide any primary spirituous liquor only in a
1277
quantity not to exceed one ounce per beverage dispensed through a calibrated metered
1278
dispensing system approved by the department in accordance with commission rules adopted
1279
under this title, except that:
1280
(a) spirituous liquor need not be dispensed through a calibrated metered dispensing
1281
system if used as a secondary flavoring ingredient in a beverage subject to the following
1282
restrictions:
1283
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of
1284
a primary spirituous liquor;
1285
(ii) the secondary ingredient is not the only spirituous liquor in the beverage;
1286
(iii) the private club licensee shall designate a location where flavorings are stored on
1287
the floor plan provided to the department; and
1288
(iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
1289
(b) spirituous liquor need not be dispensed through a calibrated metered dispensing
1290
system if used:
1291
(i) as a flavoring on desserts; and
1292
(ii) in the preparation of flaming food dishes, drinks, and desserts; and
1293
(c) each club patron may have no more than 2.75 ounces of spirituous liquor at a time
1294
before the patron.
1295
(22) (a) (i) Wine may be sold and served by the glass or an individual portion not to
1296
exceed five ounces per glass or individual portion.
1297
(ii) An individual portion may be served to a patron in more than one glass as long as
1298
the total amount of wine does not exceed five ounces.
1299
(iii) An individual portion of wine is considered to be one alcoholic beverage under
1300
Subsection (26)(c).
1301
(b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
1302
fixed by the commission to tables of four or more persons.
1303
(ii) Wine may be sold and served in containers not exceeding 750 ml at prices fixed by
1304
the commission to tables of less than four persons.
1305
(c) A wine service may be performed and a service charge assessed by the private club
1306
as authorized by commission rule for wine purchased at the private club.
1307
(23) (a) Heavy beer may be served in original containers not exceeding one liter at
1308
prices fixed by the commission.
1309
(b) A service charge may be assessed by the private club for heavy beer purchased at
1310
the private club.
1311
(24) (a) (i) Subject to Subsection (24)(a)(ii), a private club licensed to sell liquor may
1312
sell beer for on-premise consumption:
1313
(A) in an open container; and
1314
(B) on draft.
1315
(ii) Beer sold pursuant to Subsection (24)(a)(i) shall be in a size of container that does
1316
not exceed two liters, except that beer may not be sold to an individual patron in a size of
1317
container that exceeds one liter.
1318
(b) (i) A private club licensed under this chapter that sells beer pursuant to Subsection
1319
(24)(a):
1320
(A) may do so without obtaining a separate on-premise beer retailer license from the
1321
commission; and
1322
(B) shall comply with all appropriate operational restrictions under Chapter 10, Beer
1323
Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
1324
inconsistent with or less restrictive than the operational restrictions under this chapter.
1325
(ii) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
1326
Licenses, required by Subsection (24)(b)(i) may result in a suspension or revocation of the
1327
private club's:
1328
(A) state liquor license; and
1329
(B) alcoholic beverage license issued by the local authority.
1330
(25) Alcoholic beverages may not be stored, served, or sold in any place other than as
1331
designated in the licensee's application, unless the licensee first applies for and receives
1332
approval from the department for a change of location within the private club.
1333
(26) (a) A patron may only make alcoholic beverage purchases in the private club from
1334
and be served by a person employed, designated, and trained by the licensee to sell, dispense,
1335
and serve alcoholic beverages.
1336
(b) Notwithstanding Subsection (26)(a), a patron who has purchased bottled wine from
1337
an employee of the private club or has carried bottled wine onto the premises of the private
1338
club pursuant to Subsection (32) may thereafter serve wine from the bottle to the patron or
1339
others at the patron's table.
1340
(c) Each club patron may have no more than two alcoholic beverages of any kind at a
1341
time before the patron.
1342
(27) The liquor storage area shall remain locked at all times other than those hours and
1343
days when liquor sales and service are authorized by law.
1344
(28) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
1345
private club during the following days or hours:
1346
(i) until after the polls are closed on the day of any:
1347
(A) regular general election;
1348
(B) regular primary election; or
1349
(C) statewide special election;
1350
(ii) until after the polls are closed on the day of any municipal, special district, or
1351
school election, but only:
1352
(A) within the boundaries of the municipality, special district, or school district; and
1353
(B) if required by local ordinance; and
1354
(iii) on any other day after 1 a.m. and before 10 a.m.
1355
(b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
1356
Licenses, for on-premise beer licenses.
1357
(c) (i) Notwithstanding Subsections (28)(a) and (b), a private club shall remain open
1358
for one hour after the private club ceases the sale and service of alcoholic beverages during
1359
which time a patron of the club may finish consuming:
1360
(A) any single drink containing spirituous liquor;
1361
(B) a single serving of wine not exceeding five ounces;
1362
(C) a single serving of heavy beer; or
1363
(D) a single serving of beer not exceeding 26 ounces.
1364
(ii) A club is not required to remain open:
1365
(A) after all patrons have vacated the premises; or
1366
(B) during an emergency.
1367
(d) Between the hours of 2 a.m. and 10 a.m. on any day a private club may not allow a
1368
patron to remain on the premises to consume alcoholic beverages on the premises.
1369
(29) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
1370
(a) minor;
1371
(b) person actually, apparently, or obviously intoxicated;
1372
(c) known habitual drunkard; or
1373
(d) known interdicted person.
1374
(30) (a) (i) Liquor may be sold only at prices fixed by the commission.
1375
(ii) Liquor may not be sold at discount prices on any date or at any time.
1376
(b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
1377
to the licensee.
1378
(c) An alcoholic beverage may not be sold at a special or reduced price that encourages
1379
over consumption or intoxication.
1380
(d) The price of a single serving of a primary spirituous liquor shall be the same
1381
whether served as a single drink or in conjunction with another alcoholic beverage.
1382
(e) An alcoholic beverage may not be sold at a special or reduced price for only certain
1383
hours of the private club's business day such as a "happy hour."
1384
(f) The sale or service of more than one alcoholic beverage for the price of a single
1385
alcoholic beverage is prohibited.
1386
(g) The sale or service of an indefinite or unlimited number of alcoholic beverages
1387
during any set period for a fixed price is prohibited.
1388
(h) A private club licensee may not engage in a promotion involving or offering free
1389
alcoholic beverages to patrons of the club.
1390
(31) Alcoholic beverages may not be purchased for a patron of the private club by:
1391
(a) the licensee; or
1392
(b) any employee or agent of the licensee.
1393
(32) (a) A person may not bring onto the premises of a private club licensee any
1394
alcoholic beverage for on-premise consumption, except a person may bring, subject to the
1395
discretion of the licensee, bottled wine onto the premises of any private club licensee for
1396
on-premise consumption.
1397
(b) Except bottled wine under Subsection (32)(a), a private club or its officers,
1398
managers, employees, or agents may not allow:
1399
(i) a person to bring onto the private club premises any alcoholic beverage for
1400
consumption on the private club premises; or
1401
(ii) consumption of alcoholic beverages described in Subsection (32)(b)(i) on the
1402
premises of the private club.
1403
(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
1404
or other representative of the licensee upon entering the private club.
1405
(d) A wine service may be performed and a service charge assessed by the private club
1406
as authorized by commission rule for wine carried in by a patron.
1407
(33) (a) Except as provided in Subsection (33)(b), a private club and its employees may
1408
not permit a patron of the club to carry from the club premises an open container that:
1409
(i) is used primarily for drinking purposes; and
1410
(ii) contains any alcoholic beverage.
1411
(b) A patron may remove the unconsumed contents of a bottle of wine if before
1412
removal the bottle has been recorked or recapped.
1413
(34) (a) A minor may not be employed by any class A, B, or C private club to sell,
1414
dispense, or handle any alcoholic beverage.
1415
(b) Notwithstanding Subsection (34)(a), a minor may be employed by a class A or C
1416
private club to enter the sale at a cash register or other sales recording device.
1417
(c) Except to the extent authorized in Subsection (8)(c), a minor may not be employed
1418
by or be on the premises of any class D private club.
1419
(d) A minor may not be employed to work in any lounge or bar area of any class A, B,
1420
or C private club.
1421
(35) An employee of a private club, while on duty, may not:
1422
(a) consume an alcoholic beverage; or
1423
(b) be intoxicated.
1424
(36) (a) A private club may not charge for the service or supply of glasses, ice, or
1425
mixers unless:
1426
(i) the charges are fixed in the house rules of the club; and
1427
(ii) a copy of the house rules is kept on the club premises and available at all times for
1428
examination by patrons of the club.
1429
(b) A charge or fee made in connection with the sale, service, or consumption of liquor
1430
may be stated in food or alcoholic beverage menus including:
1431
(i) a set-up charge;
1432
(ii) a service charge; or
1433
(iii) a chilling fee.
1434
(37) Each private club licensee shall display in a prominent place in the private club:
1435
(a) the private club license that is issued by the department;
1436
(b) a list of the types and brand names of liquor being served through its calibrated
1437
metered dispensing system; and
1438
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
1439
drugs is a serious crime that is prosecuted aggressively in Utah."
1440
(38) The following acts or conduct in a private club licensed under this chapter are
1441
considered contrary to the public welfare and morals, and are prohibited upon the premises:
1442
(a) employing or using any person in the sale or service of alcoholic beverages while
1443
the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the
1444
female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the
1445
buttocks, vulva, or genitals;
1446
(b) employing or using the services of any person to mingle with the patrons while the
1447
person is unclothed or in attire, costume, or clothing described in Subsection (38)(a);
1448
(c) encouraging or permitting any person to touch, caress, or fondle the breasts,
1449
buttocks, anus, or genitals of any other person;
1450
(d) permitting any employee or person to wear or use any device or covering, exposed
1451
to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
1452
(e) permitting any person to use artificial devices or inanimate objects to depict any of
1453
the prohibited activities described in this Subsection (38);
1454
(f) permitting any person to remain in or upon the premises who exposes to public
1455
view any portion of his or her genitals or anus; or
1456
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
1457
depicting:
1458
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
1459
copulation, flagellation, or any sexual acts prohibited by Utah law;
1460
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
1461
genitals;
1462
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or
1463
drawings are used to portray, any of the prohibited activities described in this Subsection (38);
1464
or
1465
(iv) scenes wherein a person displays the vulva or the anus or the genitals.
1466
(39) Nothing in Subsection (38) precludes a local authority from being more restrictive
1467
of acts or conduct of the type prohibited in Subsection (38).
1468
(40) (a) Although live entertainment is permitted on the premises of a club liquor
1469
licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by
1470
Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
1471
flagellation, or the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or
1472
the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon
1473
a stage or at a designated area approved by the commission.
1474
(b) Nothing in Subsection (40)(a) precludes a local authority from being more
1475
restrictive of acts or conduct of the type prohibited in Subsection (40)(a).
1476
(41) A private club may not on the premises of the private club:
1477
(a) engage in or permit any form of gambling, [or] as defined and proscribed in Title
1478
76, Chapter 10, Part 11, Gambling;
1479
(b) have any video gaming device, as defined and proscribed in Title 76, Chapter 10,
1480
Part 11, Gambling[, on the premises of the private club.]; or
1481
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
1482
H. [
or simulates
] .H the risking of something of value for a return or for an outcome
1482a
when the return or
1483
outcome is based upon an element of chance, excluding the playing of an amusement device
1484
that confers only an immediate and unrecorded right of replay not exchangeable for value.
1485
(42) (a) A private club may not close or cease operation for a period longer than 240
1486
hours, unless:
1487
(i) the private club licensee notifies the department in writing at least seven days before
1488
the closing; and
1489
(ii) the closure or cessation of operation is first approved by the department.
1490
(b) Notwithstanding Subsection (42)(a), in the case of emergency closure, immediate
1491
notice of closure shall be made to the department by telephone.
1492
(c) The department may authorize a closure or cessation of operation for a period not to
1493
exceed 60 days. The department may extend the initial period an additional 30 days upon
1494
written request of the private club and upon a showing of good cause. A closure or cessation of
1495
operation may not exceed a total of 90 days without commission approval.
1496
(d) The notice required by Subsection (42)(a) shall include:
1497
(i) the dates of closure or cessation of operation;
1498
(ii) the reason for the closure or cessation of operation; and
1499
(iii) the date on which the licensee will reopen or resume operation.
1500
(e) Failure of the licensee to provide notice and to obtain department authorization
1501
prior to closure or cessation of operation shall result in an automatic forfeiture of:
1502
(i) the license; and
1503
(ii) the unused portion of the license fee for the remainder of the license year effective
1504
immediately.
1505
(f) Failure of the licensee to reopen or resume operation by the approved date shall
1506
result in an automatic forfeiture of:
1507
(i) the license; and
1508
(ii) the unused portion of the club's license fee for the remainder of the license year.
1509
(43) A private club license may not be transferred from one location to another,
1510
without prior written approval of the commission.
1511
(44) (a) A private club licensee, may not sell, transfer, assign, exchange, barter, give, or
1512
attempt in any way to dispose of the license to any other person, whether for monetary gain or
1513
not.
1514
(b) A private club license has no monetary value for the purpose of any type of
1515
disposition.
1516
Section 6.
Section
32A-7-106
is amended to read:
1517
32A-7-106. Operational restrictions.
1518
(1) (a) Any organization granted a single event permit and any person involved in the
1519
storage, sale, or service of alcoholic beverages at the event for which the permit is issued, shall
1520
abide by:
1521
(i) this title;
1522
(ii) the rules of the commission; and
1523
(iii) the special conditions and requirements provided in this section.
1524
(b) Failure to comply with Subsection (1)(a):
1525
(i) may result in:
1526
(A) an immediate revocation of the permit;
1527
(B) forfeiture of the surety bond; and
1528
(C) immediate seizure of all alcoholic beverages present at the event; and
1529
(ii) disqualifies the organization from applying for a single event permit under this
1530
chapter, or a temporary special event beer permit under Chapter 10, Part 3, Temporary Special
1531
Event Beer Permits, for a period of three years from the date of revocation of the permit.
1532
(c) Any alcoholic beverages seized under this Subsection (1) shall be returned to the
1533
organization after the event if forfeiture proceedings are not instituted under Section
1534
32A-13-103
.
1535
(2) Special conditions and requirements for single event permittees include the
1536
following:
1537
(a) (i) All persons involved in the storage, sale, or service of alcoholic beverages at the
1538
event do so under the supervision and direction of the permittee.
1539
(ii) All persons involved in the sale or service of alcoholic beverages at the event may
1540
not, while on duty:
1541
(A) consume an alcoholic beverage; or
1542
(B) be intoxicated.
1543
(b) (i) All liquor stored, sold, served, and consumed at the event shall be purchased by
1544
the permittee from a state store or package agency.
1545
(ii) All beer purchased by the permittee shall be purchased from:
1546
(A) a licensed beer wholesaler; or
1547
(B) a licensed beer retailer.
1548
(iii) All alcoholic beverages are considered under the control of the permittee during
1549
the event.
1550
(iv) Attendees of the event may not bring any alcoholic beverages onto the premises of
1551
the event.
1552
(c) A permittee may not charge more than the maximum amount set forth in the permit
1553
for any alcoholic beverage.
1554
(d) Each permittee shall post in a prominent place in the area in which alcoholic
1555
beverages are being sold, served, and consumed, a copy of the permit, together with a list of the
1556
operational restrictions and requirements of single event permittees set forth in this section.
1557
(e) Alcoholic beverages purchased for the event may not be stored, sold, served, or
1558
consumed in any location other than that described in the application and designated on the
1559
permit unless the permittee first applies for and receives approval from the commission for a
1560
change of location.
1561
(f) (i) A single event permittee may sell or provide a primary spirituous liquor only in a
1562
quantity not to exceed one ounce per beverage except that additional spirituous liquor may be
1563
used in a beverage if:
1564
(A) used as a secondary flavoring ingredient;
1565
(B) used in conjunction with the primary spirituous liquor;
1566
(C) the secondary ingredient is not the only spirituous liquor in the beverage; and
1567
(D) each attendee may have no more than 2.75 ounces of spirituous liquor at a time
1568
before the attendee.
1569
(ii) Spirituous liquor need not be dispensed through a calibrated metered dispensing
1570
system.
1571
(g) (i) (A) Wine may be sold and served by the glass or an individual portion that does
1572
not exceed five ounces per glass or individual portion.
1573
(B) An individual portion may be served to an attendee in more than one glass as long
1574
as the total amount of wine does not exceed five ounces.
1575
(C) An individual portion of wine is considered to be one alcoholic beverage under
1576
Subsection (2)(p).
1577
(ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed
1578
by the commission.
1579
(iii) A wine service may be performed and a service charge assessed by the single event
1580
permittee as authorized by commission rule for wine purchased at the event.
1581
(h) (i) Heavy beer may be served in original containers not exceeding one liter at prices
1582
fixed by the commission.
1583
(ii) A service charge may be assessed by the single event permittee as authorized by
1584
commission rule for heavy beer purchased at the event.
1585
(i) (i) Subject to Subsection (2)(i)(ii), beer may be sold for on-premise consumption:
1586
(A) in an open container; and
1587
(B) on draft.
1588
(ii) Beer sold pursuant to Subsection (2)(i)(i) shall be in a size of container that does
1589
not exceed two liters, except that beer may not be sold to an individual attendee in a size of
1590
container that exceeds one liter.
1591
(j) (i) Alcoholic beverages may not be sold, served, or consumed between the hours of
1592
1 a.m. and 10 a.m.
1593
(ii) This Subsection (2)(j) does not preclude a local authority from being more
1594
restrictive with respect to the hours of sale, service, or consumption of alcoholic beverages at a
1595
temporary single event.
1596
(k) Alcoholic beverages may not be sold, served, or otherwise furnished until after the
1597
polls are closed on the day of any:
1598
(i) regular general election;
1599
(ii) regular primary election; or
1600
(iii) statewide special election.
1601
(l) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
1602
(i) minor;
1603
(ii) person actually, apparently, or obviously intoxicated;
1604
(iii) known habitual drunkard; or
1605
(iv) known interdicted person.
1606
(m) (i) (A) Liquor may be sold only at prices fixed by the commission.
1607
(B) Liquor may not be sold at discount prices on any date or at any time.
1608
(ii) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage