Mr. President:
The Business and Labor Committee reports a favorable recommendation on S.B. 261,
AMENDMENTS RELATED TO ALCOHOLIC BEVERAGE CONTROL, by Senator J.
Valentine, with the following amendments:
considering one or more of the following:
retail licensee may temporarily rent or otherwise
Curtis S. Bramble
Voting: 5-0-2
1. Page
38, Lines 1165 through 1167
:
1165
(11) (a) The commission shall impose, at a minimum, the following penalties for a
1166
violation related to service of an alcoholic product to a minor:
1167
(i) for a first violation
,
}
:
(A)
$3,000
}
$2,500
;
and
1. Page
25, Lines 762 through 763
:
762
(b) on or before May 4, 2008, the premises was licensed
and had a variance
from the
763
requirements of Subsection (2)(b)
}
;
2. Page
38, Lines 1165 through 1166
:
1165
(11) (a) The commission shall impose, at a minimum, the following penalties for a
1166
violation related to service of an alcoholic product to a minor
3. Page
38, Lines 1168 through 1169
:
1168
(ii) for a second violation that occurs within
three years
}
18 months
of
the day on which the penalty
1169
is imposed for the first violation:
4. Page
39, Lines 1179 through 1181
:
1179
(12) (a) For a violation of Section
32B-1-407
or admitting a minor to a place where
an
1180
alcoholic product is sold or consumed, but where under this title a minor is not permitted,
that occurs during an operation under Title 77, Chapter 39, Sale of Tobacco or
Alcohol to Under Age Persons, or similar operation by a peace officer, as defined by
Title 53, Chapter 13, Peace Officer Classifications, the
1181
commission shall impose, at a minimum, a suspension of five days or a fine of $1,000.
5. Page
40, Lines 1233 through 1234
:
1233
(2) Notwithstanding Subsection (1), the commission may issue more than one type
of
1234
retail license for the same
building
}
room
if:
6. Page
41, Line 1244
:
1244
(B) an on-premise banquet
catering
}
license.
7. Page
48, Lines 1475 through 1476
:
1475
(d) The commission may not issue a single full-service restaurant license to a
1476
full-service restaurant that would have licensed premises in more than one
building
(i) whether a patron would go through an unlicensed area to move from one part of
the licensed premises to a different part of the licensed premises;
(ii) whether the buildings share common food preparation facilities;
(iii) whether there is a common entrance to the licensed premises with multiple
buildings; and
(iv) any other factor the commission considers relevant
8. Page
50, Line 1539 through Page 51, Line 1548
:
1539
(10)
(a)
}
A patron may consume an alcoholic product only:
1540
[
}
(a)
{
]
}
{
(i) while seated
}
at:
1541
[
}
(i)
{
]
}
{
(A)
}
the patron's table;
1542
[
}
(ii)
{
]
}
{
(B)
}
a counter; or
1543
[
}
(iii)
{
]
}
{
(C)
}
a seating grandfathered bar structure; and
1544
[
}
(b)
{
]
}
{
(ii)
}
where food is served.
1545
(b) A patron may not be served or consume an alcoholic product anywhere
on the
1546
licensed premises other than at a location described in Subsection (10)(a) regardless
of its
1547
proximity to a location described in Subsection (10)(a).
}
1548
(11) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
9. Page
53, Lines 1638 through 1639
:
1638
(d) The commission may not issue a single limited-service restaurant license to a
1639
limited-service restaurant that would have licensed premises in more than one building
unless there is continuity in the premises between the multiple buildings after
(i) whether a patron would go through an unlicensed area to move from one part of
the licensed premises to a different part of the licensed premises;
(ii) whether the buildings share common food preparation facilities;
(iii) whether there is a common entrance to the licensed premises with multiple
buildings; and
(iv) any other factor the commission considers relevant
10. Page
56, Lines 1703 through 1711
:
1703
(10)
(a)
}
A patron may consume an alcoholic product only:
1704
[
}
(a)
{
]
}
{
(i) while seated
}
at:
1705
[
}
(i)
{
]
}
{
(A)
}
the patron's table;
1706
[
}
(ii)
{
]
}
{
(B)
}
a counter; or
1707
[
}
(iii)
{
]
}
{
(C)
}
a seating grandfathered bar structure; and
1708
[
}
(b)
{
]
}
{
(ii)
}
where food is served.
1709
(b) A patron may not be served or consume an alcoholic product anywhere
on the
1710
licensed premises other than at a location described in Subsection (10)(a) regardless
of its
1711
proximity to a location described in Subsection (10)(a).
}
11. Page
58, Lines 1787 through 1789
:
1787
(c) Except as provided in Subsections (3)(a) and (b), the commission may not issue
a
1788
single beer-only restaurant license to a beer-only restaurant that would have licensed
premises
1789
in more than one building unless there is continuity in the premises between the
multiple buildings after considering one or more of the following:
(i) whether a patron would go through an unlicensed area to move from one part of
the licensed premises to a different part of the licensed premises;
(ii) whether the buildings share common food preparation facilities;
(iii) whether there is a common entrance to the licensed premises with multiple
buildings; and
(iv) any other factor the commission considers relevant .
12. Page
60, Lines 1845 through 1853
:
1845
(10)
(a)
}
A patron may consume a beer only:
1846
[
}
(a)
{
]
}
{
(i) while seated
}
at:
1847
[
}
(i)
{
]
}
{
(A)
}
the patron's table;
1848
[
}
(ii)
{
]
}
{
(B)
}
a grandfathered bar structure; or
1849
[
}
(iii)
{
]
}
{
(C)
}
a counter; and
1850
[
}
(b)
{
]
}
{
(ii)
}
where food is served.
1851
(b) A patron may not be served or consume an alcoholic product anywhere
on the
1852
licensed premises other than at a location described in Subsection (10)(a) regardless
of its
1853
proximity to a location described in Subsection (10)(a).
}
13. Page
64, Lines 1951 through 1954
:
1951
(7) (a) An alcoholic product may only be consumed
while sitting
}
at a table
or counter.
1952
1953
than at a location described in this Subsection (7)(a) regardless of its proximity to a
location
1954
described in this Subsection (7)(a).
}
1. Page
47, Lines 1434 through 1448
:
1434
32B-5-311. Private events at retail licensee premises.
1435
Section
}
Sections
32B-5-309
and 32B-6-505
, a
1436
temporarily lease its premises to a person after the hours the retail licensee may sell, offer
for
1437
sale, or furnish an alcoholic product if:
1438
(1)
}
(a)
the person who temporarily rents or leases the licensed premises
obtains an event
1439
permit under Chapter 9, Event Permit Act, for the time period that the retail licensee rents
or
1440
otherwise leases its licensed premises;
1441
(2)
}
(b)
the event for which the licensed premises are leased is not open
to the public;
1442
(3)
}
(c)
the person to whom the retail licensee rents or leases the premises
agrees in writing
1443
to comply with this title as if the person is the retail licensee, except for:
1444
(a)
}
(i)
a requirement related to making or maintaining a record; and
1445
(b)
}
(ii)
the hours during which an alcoholic product may be sold, offered
for sale, or
1446
furnished; and
1447
(4)
}
(d)
the retail licensee takes reasonable steps to ensure that the person
complies with
1448
this section.
(a) the person to whom the retail licensee rents or leases the premises agrees in
writing to comply with this title as if the person is the retail licensee, except for a
requirement related to making or maintaining a record; and
(b) the retail licensee takes reasonable steps to ensure that the person complies with
this section as provided in Subsection (2)(a).
Respectfully,
Committee Chair
3 SB0261.SC1.wpd bhowe/BRH PO/BRH 3/6/13 9:28 am
Bill Number
*SB0261*
SB0261