Representative Ken Ivory proposes the following substitute bill:


1     
ALCOHOL CONTROL AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Alcoholic Beverage Control Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions;
13          ▸     provides a penalty for altering, destroying, or concealing certain records that are
14     relevant to an official proceeding under the Alcoholic Beverage Control Act;
15          ▸     requires certain licensees under the Alcoholic Beverage Control Act to, after
16     receiving notice of a certain civil or criminal action, retain records relevant to the
17     action;
18          ▸     describes the circumstances under which there is prima facie evidence that a person
19     is liable for an injury or death that results from the intoxication of another
20     individual; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
29          32B-4-505, as last amended by Laws of Utah 2019, Chapter 189
30          32B-5-202, as last amended by Laws of Utah 2022, Chapter 447
31          32B-5-302, as enacted by Laws of Utah 2010, Chapter 276
32          32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
33          32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
34          32B-6-406, as last amended by Laws of Utah 2020, Chapter 219
35          32B-6-605, as last amended by Laws of Utah 2022, Chapter 447
36          32B-6-706, as last amended by Laws of Utah 2022, Chapter 447
37          32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
38          32B-6-1005, as last amended by Laws of Utah 2022, Chapter 447
39          32B-15-201, as enacted by Laws of Utah 2010, Chapter 276
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 32B-1-102 is amended to read:
43          32B-1-102. Definitions.
44          As used in this title:
45          (1) "Airport lounge" means a business location:
46          (a) at which an alcoholic product is sold at retail for consumption on the premises; and
47          (b) that is located at an international airport.
48          (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
49     Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
50          (3) "Alcoholic beverage" means the following:
51          (a) beer; or
52          (b) liquor.
53          (4) (a) "Alcoholic product" means a product that:
54          (i) contains at least .5% of alcohol by volume; and
55          (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
56     process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol

57     in an amount equal to or greater than .5% of alcohol by volume.
58          (b) "Alcoholic product" includes an alcoholic beverage.
59          (c) "Alcoholic product" does not include any of the following common items that
60     otherwise come within the definition of an alcoholic product:
61          (i) except as provided in Subsection (4)(d), an extract;
62          (ii) vinegar;
63          (iii) preserved nonintoxicating cider;
64          (iv) essence;
65          (v) tincture;
66          (vi) food preparation; or
67          (vii) an over-the-counter medicine.
68          (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
69     when it is used as a flavoring in the manufacturing of an alcoholic product.
70          (5) "Alcohol training and education seminar" means a seminar that is:
71          (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
72          (b) described in Section 62A-15-401.
73          (6) "Arena" means an enclosed building:
74          (a) that is managed by:
75          (i) the same person who owns the enclosed building;
76          (ii) a person who has a majority interest in each person who owns or manages a space
77     in the enclosed building; or
78          (iii) a person who has authority to direct or exercise control over the management or
79     policy of each person who owns or manages a space in the enclosed building;
80          (b) that operates as a venue; and
81          (c) that has an occupancy capacity of at least 12,500.
82          (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
83     License Act, and Chapter 8c, Arena License Act.
84          (8) "Banquet" means an event:
85          (a) that is a private event or a privately sponsored event;
86          (b) that is held at one or more designated locations approved by the commission in or
87     on the premises of:

88          (i) a hotel;
89          (ii) a resort facility;
90          (iii) a sports center;
91          (iv) a convention center;
92          (v) a performing arts facility; or
93          (vi) an arena;
94          (c) for which there is a contract:
95          (i) between a person operating a facility listed in Subsection (8)(b) and another person
96     that has common ownership of less than 20% with the person operating the facility; and
97          (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
98     provide an alcoholic product at the event; and
99          (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
100          (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
101     5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
102          (b) "Bar establishment license" includes:
103          (i) a dining club license;
104          (ii) an equity license;
105          (iii) a fraternal license; or
106          (iv) a bar license.
107          (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
108     Act, and Chapter 6, Part 4, Bar Establishment License.
109          (11) (a) "Beer" means a product that:
110          (i) contains:
111          (A) at least .5% of alcohol by volume; and
112          (B) no more than 5% of alcohol by volume or 4% by weight;
113          (ii) is obtained by fermentation, infusion, or decoction of:
114          (A) malt; or
115          (B) a malt substitute; and
116          (iii) is clearly marketed, labeled, and identified as:
117          (A) beer;
118          (B) ale;

119          (C) porter;
120          (D) stout;
121          (E) lager;
122          (F) a malt;
123          (G) a malted beverage; or
124          (H) seltzer.
125          (b) "Beer" may contain:
126          (i) hops extract; or
127          (ii) caffeine, if the caffeine is a natural constituent of an added ingredient.
128          (c) "Beer" does not include:
129          (i) a flavored malt beverage;
130          (ii) a product that contains alcohol derived from:
131          (A) spirituous liquor; or
132          (B) wine; or
133          (iii) a product that contains an additive masking or altering a physiological effect of
134     alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
135          (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
136     5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
137          (13) "Beer retailer" means a business that:
138          (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
139     for consumption on or off the business premises; and
140          (b) is licensed as:
141          (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
142     Retailer Local Authority; or
143          (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
144     Chapter 6, Part 7, On-Premise Beer Retailer License.
145          (14) "Beer wholesaling license" means a license:
146          (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
147          (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
148     retail licensees or off-premise beer retailers.
149          (15) "Billboard" means a public display used to advertise, including:

150          (a) a light device;
151          (b) a painting;
152          (c) a drawing;
153          (d) a poster;
154          (e) a sign;
155          (f) a signboard; or
156          (g) a scoreboard.
157          (16) "Brewer" means a person engaged in manufacturing:
158          (a) beer;
159          (b) heavy beer; or
160          (c) a flavored malt beverage.
161          (17) "Brewery manufacturing license" means a license issued in accordance with
162     Chapter 11, Part 5, Brewery Manufacturing License.
163          (18) "Certificate of approval" means a certificate of approval obtained from the
164     department under Section 32B-11-201.
165          (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
166     a bus company to a group of persons pursuant to a common purpose:
167          (a) under a single contract;
168          (b) at a fixed charge in accordance with the bus company's tariff; and
169          (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
170     motor vehicle, and a driver to travel together to one or more specified destinations.
171          (20) "Church" means a building:
172          (a) set apart for worship;
173          (b) in which religious services are held;
174          (c) with which clergy is associated; and
175          (d) that is tax exempt under the laws of this state.
176          (21) "Commission" means the Alcoholic Beverage Services Commission created in
177     Section 32B-2-201.
178          (22) "Commissioner" means a member of the commission.
179          (23) "Community location" means:
180          (a) a public or private school;

181          (b) a church;
182          (c) a public library;
183          (d) a public playground; or
184          (e) a public park.
185          (24) "Community location governing authority" means:
186          (a) the governing body of the community location; or
187          (b) if the commission does not know who is the governing body of a community
188     location, a person who appears to the commission to have been given on behalf of the
189     community location the authority to prohibit an activity at the community location.
190          (25) "Container" means a receptacle that contains an alcoholic product, including:
191          (a) a bottle;
192          (b) a vessel; or
193          (c) a similar item.
194          (26) "Controlled group of manufacturers" means as the commission defines by rule
195     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
196          (27) "Convention center" means a facility that is:
197          (a) in total at least 30,000 square feet; and
198          (b) otherwise defined as a "convention center" by the commission by rule.
199          (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
200     where seating is provided to a patron for service of food.
201          (b) "Counter" does not include a dispensing structure.
202          (29) "Crime involving moral turpitude" is as defined by the commission by rule.
203          (30) "Department" means the Department of Alcoholic Beverage Services created in
204     Section 32B-2-203.
205          (31) "Department compliance officer" means an individual who is:
206          (a) an auditor or inspector; and
207          (b) employed by the department.
208          (32) "Department sample" means liquor that is placed in the possession of the
209     department for testing, analysis, and sampling.
210          (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
211     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the

212     commission as a dining club license.
213          (34) "Director," unless the context requires otherwise, means the director of the
214     department.
215          (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
216     title:
217          (a) against a person subject to administrative action; and
218          (b) that is brought on the basis of a violation of this title.
219          (36) (a) Subject to Subsection (36)(b), "dispense" means:
220          (i) drawing an alcoholic product; and
221          (ii) using the alcoholic product at the location from which it was drawn to mix or
222     prepare an alcoholic product to be furnished to a patron of the retail licensee.
223          (b) The definition of "dispense" in this Subsection (36) applies only to:
224          (i) a full-service restaurant license;
225          (ii) a limited-service restaurant license;
226          (iii) a reception center license;
227          (iv) a beer-only restaurant license;
228          (v) a bar license;
229          (vi) an on-premise beer retailer;
230          (vii) an airport lounge license;
231          (viii) an on-premise banquet license; and
232          (ix) a hospitality amenity license.
233          (37) "Dispensing structure" means a surface or structure on a licensed premises:
234          (a) where an alcoholic product is dispensed; or
235          (b) from which an alcoholic product is served.
236          (38) "Distillery manufacturing license" means a license issued in accordance with
237     Chapter 11, Part 4, Distillery Manufacturing License.
238          (39) "Distressed merchandise" means an alcoholic product in the possession of the
239     department that is saleable, but for some reason is unappealing to the public.
240          (40) "Equity license" means a license issued in accordance with Chapter 5, Retail
241     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
242     commission as an equity license.

243          (41) "Event permit" means:
244          (a) a single event permit; or
245          (b) a temporary beer event permit.
246          (42) "Exempt license" means a license exempt under Section 32B-1-201 from being
247     considered in determining the total number of retail licenses that the commission may issue at
248     any time.
249          (43) (a) "Flavored malt beverage" means a beverage:
250          (i) that contains at least .5% alcohol by volume;
251          (ii) for which the producer is required to file a formula for approval with the federal
252     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
253     is treated by processing, filtration, or another method of manufacture that is not generally
254     recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
255     liquor; and
256          (iii) for which the producer is required to file a formula for approval with the federal
257     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
258     includes an ingredient containing alcohol.
259          (b) "Flavored malt beverage" is considered liquor for purposes of this title.
260          (44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
261     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
262     commission as a fraternal license.
263          (45) "Full-service restaurant license" means a license issued in accordance with
264     Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
265          (46) (a) "Furnish" means by any means to provide with, supply, or give an individual
266     an alcoholic product, by sale or otherwise.
267          (b) "Furnish" includes to:
268          (i) serve;
269          (ii) deliver; or
270          (iii) otherwise make available.
271          (47) "Guest" means an individual who meets the requirements of Subsection
272     32B-6-407(9).
273          (48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.

274          (49) "Health care practitioner" means:
275          (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
276          (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
277          (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
278          (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
279     Act;
280          (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
281     Nurse Practice Act;
282          (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
283     Practice Act;
284          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
285     Therapy Practice Act;
286          (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
287          (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
288     Professional Practice Act;
289          (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
290          (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
291     Practice Act;
292          (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
293     Hygienist Practice Act; and
294          (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
295     Assistant Act.
296          (50) (a) "Heavy beer" means a product that:
297          (i) contains more than 5% alcohol by volume; and
298          (ii) is obtained by fermentation, infusion, or decoction of:
299          (A) malt; or
300          (B) a malt substitute.
301          (b) "Heavy beer" is considered liquor for the purposes of this title.
302          (51) "Hospitality amenity license" means a license issued in accordance with Chapter
303     5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
304          (52) (a) "Hotel" means a commercial lodging establishment that:

305          (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
306          (ii) is capable of hosting conventions, conferences, and food and beverage functions
307     under a banquet contract; and
308          (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
309     meals;
310          (B) has at least 1,000 square feet of function space consisting of meeting or dining
311     rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
312          (C) if the establishment is located in a small or unincorporated locality, has an
313     appropriate amount of function space consisting of meeting or dining rooms that can be
314     reserved for private use under a banquet contract, as determined by the commission.
315          (b) "Hotel" includes a commercial lodging establishment that:
316          (i) meets the requirements under Subsection (52)(a); and
317          (ii) has one or more privately owned dwelling units.
318          (53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
319     License Act, and Chapter 8b, Hotel License Act.
320          (54) "Identification card" means an identification card issued under Title 53, Chapter 3,
321     Part 8, Identification Card Act.
322          (55) "Industry representative" means an individual who is compensated by salary,
323     commission, or other means for representing and selling an alcoholic product of a
324     manufacturer, supplier, or importer of liquor.
325          (56) "Industry representative sample" means liquor that is placed in the possession of
326     the department for testing, analysis, and sampling by a local industry representative on the
327     premises of the department to educate the local industry representative of the quality and
328     characteristics of the product.
329          (57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
330     of an alcoholic product is prohibited by:
331          (a) law; or
332          (b) court order.
333          (58) "International airport" means an airport:
334          (a) with a United States Customs and Border Protection office on the premises of the
335     airport; and

336          (b) at which international flights may enter and depart.
337          (59) "Intoxicated" or "intoxication" means that [a person:] an individual
338          [(a) is significantly impaired as to the person's mental or physical functions] exhibits
339     plain and easily observable outward manifestations of behavior or physical signs produced by
340     or as a result of the use of:
341          [(i)] (a) an alcoholic product;
342          [(ii)] (b) a controlled substance;
343          [(iii)] (c) a substance having the property of releasing toxic vapors; or
344          [(iv)] (d) a combination of products or substances described in Subsections [(59)(a)(i)
345     through (iii); and] (59)(a) through (c).
346          [(b) exhibits plain and easily observed outward manifestations of behavior or physical
347     signs produced by the overconsumption of an alcoholic product.]
348          (60) "Investigator" means an individual who is:
349          (a) a department compliance officer; or
350          (b) a nondepartment enforcement officer.
351          (61) "License" means:
352          (a) a retail license;
353          (b) a sublicense;
354          (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
355     State License;
356          (d) a license issued in accordance with Chapter 11, Manufacturing and Related
357     Licenses Act;
358          (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
359          (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
360          (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
361          (62) "Licensee" means a person who holds a license.
362          (63) "Limited-service restaurant license" means a license issued in accordance with
363     Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
364          (64) "Limousine" means a motor vehicle licensed by the state or a local authority, other
365     than a bus or taxicab:
366          (a) in which the driver and a passenger are separated by a partition, glass, or other

367     barrier;
368          (b) that is provided by a business entity to one or more individuals at a fixed charge in
369     accordance with the business entity's tariff; and
370          (c) to give the one or more individuals the exclusive use of the limousine and a driver
371     to travel to one or more specified destinations.
372          (65) (a) (i) "Liquor" means a liquid that:
373          (A) is:
374          (I) alcohol;
375          (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
376          (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
377          (IV) other drink or drinkable liquid; and
378          (B) (I) contains at least .5% alcohol by volume; and
379          (II) is suitable to use for beverage purposes.
380          (ii) "Liquor" includes:
381          (A) heavy beer;
382          (B) wine; and
383          (C) a flavored malt beverage.
384          (b) "Liquor" does not include beer.
385          (66) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
386          (67) "Liquor transport license" means a license issued in accordance with Chapter 17,
387     Liquor Transport License Act.
388          (68) "Liquor warehousing license" means a license that is issued:
389          (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
390          (b) to a person, other than a licensed manufacturer, who engages in the importation for
391     storage, sale, or distribution of liquor regardless of amount.
392          (69) "Local authority" means:
393          (a) for premises that are located in an unincorporated area of a county, the governing
394     body of a county;
395          (b) for premises that are located in an incorporated city, town, or metro township, the
396     governing body of the city, town, or metro township; or
397          (c) for premises that are located in a project area as defined in Section 63H-1-102 and

398     in a project area plan adopted by the Military Installation Development Authority under Title
399     63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
400     Development Authority.
401          (70) "Lounge or bar area" is as defined by rule made by the commission.
402          (71) "Malt substitute" means:
403          (a) rice;
404          (b) grain;
405          (c) bran;
406          (d) glucose;
407          (e) sugar; or
408          (f) molasses.
409          (72) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
410     otherwise make an alcoholic product for personal use or for sale or distribution to others.
411          (73) "Member" means an individual who, after paying regular dues, has full privileges
412     in an equity licensee or fraternal licensee.
413          (74) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
414     or homeport facility for a ship:
415          (i) (A) under the control of the United States Department of Defense; or
416          (B) of the National Guard;
417          (ii) that is located within the state; and
418          (iii) including a leased facility.
419          (b) "Military installation" does not include a facility used primarily for:
420          (i) civil works;
421          (ii) a rivers and harbors project; or
422          (iii) a flood control project.
423          (75) "Minibar" means an area of a hotel guest room where one or more alcoholic
424     products are kept and offered for self-service sale or consumption.
425          (76) "Minor" means an individual under 21 years old.
426          (77) "Nondepartment enforcement agency" means an agency that:
427          (a) (i) is a state agency other than the department; or
428          (ii) is an agency of a county, city, town, or metro township; and

429          (b) has a responsibility to enforce one or more provisions of this title.
430          (78) "Nondepartment enforcement officer" means an individual who is:
431          (a) a peace officer, examiner, or investigator; and
432          (b) employed by a nondepartment enforcement agency.
433          (79) (a) "Off-premise beer retailer" means a beer retailer who is:
434          (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
435          (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
436     premises.
437          (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
438          (80) "Off-premise beer retailer state license" means a state license issued in accordance
439     with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
440          (81) "On-premise banquet license" means a license issued in accordance with Chapter
441     5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
442          (82) "On-premise beer retailer" means a beer retailer who is:
443          (a) authorized to sell, offer for sale, or furnish beer under a license issued in
444     accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
445     Retailer License; and
446          (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
447     premises:
448          (i) regardless of whether the beer retailer sells beer for consumption off the licensed
449     premises; and
450          (ii) on and after March 1, 2012, operating:
451          (A) as a tavern; or
452          (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
453          (83) "Opaque" means impenetrable to sight.
454          (84) "Package agency" means a retail liquor location operated:
455          (a) under an agreement with the department; and
456          (b) by a person:
457          (i) other than the state; and
458          (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
459     Agency, to sell packaged liquor for consumption off the premises of the package agency.

460          (85) "Package agent" means a person who holds a package agency.
461          (86) "Patron" means an individual to whom food, beverages, or services are sold,
462     offered for sale, or furnished, or who consumes an alcoholic product including:
463          (a) a customer;
464          (b) a member;
465          (c) a guest;
466          (d) an attendee of a banquet or event;
467          (e) an individual who receives room service;
468          (f) a resident of a resort; or
469          (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
470     license.
471          (87) (a) "Performing arts facility" means a multi-use performance space that:
472          (i) is primarily used to present various types of performing arts, including dance,
473     music, and theater;
474          (ii) contains over 2,500 seats;
475          (iii) is owned and operated by a governmental entity; and
476          (iv) is located in a city of the first class.
477          (b) "Performing arts facility" does not include a space that is used to present sporting
478     events or sporting competitions.
479          (88) "Permittee" means a person issued a permit under:
480          (a) Chapter 9, Event Permit Act; or
481          (b) Chapter 10, Special Use Permit Act.
482          (89) "Person subject to administrative action" means:
483          (a) a licensee;
484          (b) a permittee;
485          (c) a manufacturer;
486          (d) a supplier;
487          (e) an importer;
488          (f) one of the following holding a certificate of approval:
489          (i) an out-of-state brewer;
490          (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or

491          (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
492          (g) staff of:
493          (i) a person listed in Subsections (89)(a) through (f); or
494          (ii) a package agent.
495          (90) "Premises" means a building, enclosure, or room used in connection with the
496     storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
497     unless otherwise defined in this title or rules made by the commission.
498          (91) "Prescription" means an order issued by a health care practitioner when:
499          (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
500     to prescribe a controlled substance, other drug, or device for medicinal purposes;
501          (b) the order is made in the course of that health care practitioner's professional
502     practice; and
503          (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
504          (92) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
505          (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
506          (93) "Principal license" means:
507          (a) a resort license;
508          (b) a hotel license; or
509          (c) an arena license.
510          (94) (a) "Private event" means a specific social, business, or recreational event:
511          (i) for which an entire room, area, or hall is leased or rented in advance by an identified
512     group; and
513          (ii) that is limited in attendance to people who are specifically designated and their
514     guests.
515          (b) "Private event" does not include an event to which the general public is invited,
516     whether for an admission fee or not.
517          (95) "Privately sponsored event" means a specific social, business, or recreational
518     event:
519          (a) that is held in or on the premises of an on-premise banquet licensee; and
520          (b) to which entry is restricted by an admission fee.
521          (96) (a) "Proof of age" means:

522          (i) an identification card;
523          (ii) an identification that:
524          (A) is substantially similar to an identification card;
525          (B) is issued in accordance with the laws of a state other than Utah in which the
526     identification is issued;
527          (C) includes date of birth; and
528          (D) has a picture affixed;
529          (iii) a valid driver license certificate that:
530          (A) includes date of birth;
531          (B) has a picture affixed; and
532          (C) is issued:
533          (I) under Title 53, Chapter 3, Uniform Driver License Act;
534          (II) in accordance with the laws of the state in which it is issued; or
535          (III) in accordance with federal law by the United States Department of State;
536          (iv) a military identification card that:
537          (A) includes date of birth; and
538          (B) has a picture affixed; or
539          (v) a valid passport.
540          (b) "Proof of age" does not include a driving privilege card issued in accordance with
541     Section 53-3-207.
542          (97) "Provisions applicable to a sublicense" means:
543          (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
544     restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
545          (b) for a limited-service restaurant sublicense, the provisions applicable to a
546     limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
547          (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
548     license under Chapter 6, Part 4, Bar Establishment License;
549          (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
550     banquet license under Chapter 6, Part 6, On-Premise Banquet License;
551          (e) for an on-premise beer retailer sublicense, the provisions applicable to an
552     on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;

553          (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
554     restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
555          (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
556     license under Chapter 6, Part 10, Hospitality Amenity License; and
557          (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
558     Part 2, Spa Sublicense.
559          (98) (a) "Public building" means a building or permanent structure that is:
560          (i) owned or leased by:
561          (A) the state; or
562          (B) a local government entity; and
563          (ii) used for:
564          (A) public education;
565          (B) transacting public business; or
566          (C) regularly conducting government activities.
567          (b) "Public building" does not include a building owned by the state or a local
568     government entity when the building is used by a person, in whole or in part, for a proprietary
569     function.
570          (99) "Public conveyance" means a conveyance that the public or a portion of the public
571     has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
572     other public conveyance.
573          (100) "Reception center" means a business that:
574          (a) operates facilities that are at least 5,000 square feet; and
575          (b) has as its primary purpose the leasing of the facilities described in Subsection
576     (100)(a) to a third party for the third party's event.
577          (101) "Reception center license" means a license issued in accordance with Chapter 5,
578     Retail License Act, and Chapter 6, Part 8, Reception Center License.
579          (102) (a) "Record" means information that is:
580          (i) inscribed on a tangible medium; or
581          (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
582          (b) "Record" includes:
583          (i) a book;

584          (ii) a book of account;
585          (iii) a paper;
586          (iv) a contract;
587          (v) an agreement;
588          (vi) a document; or
589          (vii) a recording in any medium.
590          (103) "Residence" means a person's principal place of abode within Utah.
591          (104) "Resident," in relation to a resort, means the same as that term is defined in
592     Section 32B-8-102.
593          (105) "Resort" means the same as that term is defined in Section 32B-8-102.
594          (106) "Resort facility" is as defined by the commission by rule.
595          (107) "Resort license" means a license issued in accordance with Chapter 5, Retail
596     License Act, and Chapter 8, Resort License Act.
597          (108) "Responsible alcohol service plan" means a written set of policies and
598     procedures that outlines measures to prevent employees from:
599          (a) over-serving alcoholic beverages to customers;
600          (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
601     intoxicated; and
602          (c) serving alcoholic beverages to minors.
603          (109) "Restaurant" means a business location:
604          (a) at which a variety of foods are prepared;
605          (b) at which complete meals are served; and
606          (c) that is engaged primarily in serving meals.
607          (110) "Restaurant license" means one of the following licenses issued under this title:
608          (a) a full-service restaurant license;
609          (b) a limited-service restaurant license; or
610          (c) a beer-only restaurant license.
611          (111) "Retail license" means one of the following licenses issued under this title:
612          (a) a full-service restaurant license;
613          (b) a master full-service restaurant license;
614          (c) a limited-service restaurant license;

615          (d) a master limited-service restaurant license;
616          (e) a bar establishment license;
617          (f) an airport lounge license;
618          (g) an on-premise banquet license;
619          (h) an on-premise beer license;
620          (i) a reception center license;
621          (j) a beer-only restaurant license;
622          (k) a hospitality amenity license;
623          (l) a resort license;
624          (m) a hotel license; or
625          (n) an arena license.
626          (112) "Room service" means furnishing an alcoholic product to a person in a guest
627     room or privately owned dwelling unit of a:
628          (a) hotel; or
629          (b) resort facility.
630          (113) (a) "School" means a building in which any part is used for more than three
631     hours each weekday during a school year as a public or private:
632          (i) elementary school;
633          (ii) secondary school; or
634          (iii) kindergarten.
635          (b) "School" does not include:
636          (i) a nursery school;
637          (ii) a day care center;
638          (iii) a trade and technical school;
639          (iv) a preschool; or
640          (v) a home school.
641          (114) "Secondary flavoring ingredient" means any spirituous liquor added to a
642     beverage for additional flavoring that is different in type, flavor, or brand from the primary
643     spirituous liquor in the beverage.
644          (115) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
645     consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,

646     delivered for value, or by a means or under a pretext is promised or obtained, whether done by
647     a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
648     made by the commission.
649          (116) "Serve" means to place an alcoholic product before an individual.
650          (117) "Sexually oriented entertainer" means a person who while in a state of
651     seminudity appears at or performs:
652          (a) for the entertainment of one or more patrons;
653          (b) on the premises of:
654          (i) a bar licensee; or
655          (ii) a tavern;
656          (c) on behalf of or at the request of the licensee described in Subsection (117)(b);
657          (d) on a contractual or voluntary basis; and
658          (e) whether or not the person is designated as:
659          (i) an employee;
660          (ii) an independent contractor;
661          (iii) an agent of the licensee; or
662          (iv) a different type of classification.
663          (118) "Shared seating area" means the licensed premises of two or more restaurant
664     licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
665     accordance with Subsection 32B-5-207(3).
666          (119) "Single event permit" means a permit issued in accordance with Chapter 9, Part
667     3, Single Event Permit.
668          (120) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
669     beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
670          (a) if the brewer is part of a controlled group of manufacturers, including the combined
671     volume totals of production for all breweries that constitute the controlled group of
672     manufacturers; and
673          (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
674          (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
675     determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
676     Rulemaking Act; and

677          (ii) does not sell for consumption as, or in, a beverage.
678          (121) "Small or unincorporated locality" means:
679          (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
680          (b) a town, as classified under Section 10-2-301; or
681          (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
682     under Section 17-50-501.
683          (122) "Spa sublicense" means a sublicense:
684          (a) to a resort license or hotel license; and
685          (b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
686          (123) "Special use permit" means a permit issued in accordance with Chapter 10,
687     Special Use Permit Act.
688          (124) (a) "Spirituous liquor" means liquor that is distilled.
689          (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
690     27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
691          (125) "Sports center" is as defined by the commission by rule.
692          (126) (a) "Staff" means an individual who engages in activity governed by this title:
693          (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
694     holder;
695          (ii) at the request of the business, including a package agent, licensee, permittee, or
696     certificate holder; or
697          (iii) under the authority of the business, including a package agent, licensee, permittee,
698     or certificate holder.
699          (b) "Staff" includes:
700          (i) an officer;
701          (ii) a director;
702          (iii) an employee;
703          (iv) personnel management;
704          (v) an agent of the licensee, including a managing agent;
705          (vi) an operator; or
706          (vii) a representative.
707          (127) "State of nudity" means:

708          (a) the appearance of:
709          (i) the nipple or areola of a female human breast;
710          (ii) a human genital;
711          (iii) a human pubic area; or
712          (iv) a human anus; or
713          (b) a state of dress that fails to opaquely cover:
714          (i) the nipple or areola of a female human breast;
715          (ii) a human genital;
716          (iii) a human pubic area; or
717          (iv) a human anus.
718          (128) "State of seminudity" means a state of dress in which opaque clothing covers no
719     more than:
720          (a) the nipple and areola of the female human breast in a shape and color other than the
721     natural shape and color of the nipple and areola; and
722          (b) the human genitals, pubic area, and anus:
723          (i) with no less than the following at its widest point:
724          (A) four inches coverage width in the front of the human body; and
725          (B) five inches coverage width in the back of the human body; and
726          (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
727          (129) (a) "State store" means a facility for the sale of packaged liquor:
728          (i) located on premises owned or leased by the state; and
729          (ii) operated by a state employee.
730          (b) "State store" does not include:
731          (i) a package agency;
732          (ii) a licensee; or
733          (iii) a permittee.
734          (130) (a) "Storage area" means an area on licensed premises where the licensee stores
735     an alcoholic product.
736          (b) "Store" means to place or maintain in a location an alcoholic product.
737          (131) "Sublicense" means:
738          (a) any of the following licenses issued as a subordinate license to, and contingent on

739     the issuance of, a principal license:
740          (i) a full-service restaurant license;
741          (ii) a limited-service restaurant license;
742          (iii) a bar establishment license;
743          (iv) an on-premise banquet license;
744          (v) an on-premise beer retailer license;
745          (vi) a beer-only restaurant license; or
746          (vii) a hospitality amenity license; or
747          (b) a spa sublicense.
748          (132) "Supplier" means a person who sells an alcoholic product to the department.
749          (133) "Tavern" means an on-premise beer retailer who is:
750          (a) issued a license by the commission in accordance with Chapter 5, Retail License
751     Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
752          (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
753     On-Premise Beer Retailer License.
754          (134) "Temporary beer event permit" means a permit issued in accordance with
755     Chapter 9, Part 4, Temporary Beer Event Permit.
756          (135) "Temporary domicile" means the principal place of abode within Utah of a
757     person who does not have a present intention to continue residency within Utah permanently or
758     indefinitely.
759          (136) "Translucent" means a substance that allows light to pass through, but does not
760     allow an object or person to be seen through the substance.
761          (137) "Unsaleable liquor merchandise" means a container that:
762          (a) is unsaleable because the container is:
763          (i) unlabeled;
764          (ii) leaky;
765          (iii) damaged;
766          (iv) difficult to open; or
767          (v) partly filled;
768          (b) (i) has faded labels or defective caps or corks;
769          (ii) has contents that are:

770          (A) cloudy;
771          (B) spoiled; or
772          (C) chemically determined to be impure; or
773          (iii) contains:
774          (A) sediment; or
775          (B) a foreign substance; or
776          (c) is otherwise considered by the department as unfit for sale.
777          (138) (a) "Wine" means an alcoholic product obtained by the fermentation of the
778     natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
779     another ingredient is added.
780          (b) "Wine" includes:
781          (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
782     4.10; and
783          (ii) hard cider.
784          (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
785     in this title.
786          (139) "Winery manufacturing license" means a license issued in accordance with
787     Chapter 11, Part 3, Winery Manufacturing License.
788          Section 2. Section 32B-4-505 is amended to read:
789          32B-4-505. Obstructing a search, official proceeding, or investigation.
790          (1) A person who is in the premises or has charge over premises may not refuse or fail
791     to admit to the premises or obstruct the entry of any of the following who demands entry when
792     acting under this title:
793          (a) a commissioner;
794          (b) an authorized representative of the commission or department; or
795          (c) a law enforcement officer.
796          (2) A person who is in the premises or has charge of the premises may not interfere
797     with any of the following who is conducting an investigation under this title at the premises:
798          (a) a commissioner;
799          (b) an authorized representative of the commission or department; or
800          (c) a law enforcement officer.

801          (3) After receiving written notice of an official proceeding or investigation under
802     Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
803     violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy,
804     conceal, or remove a record that is relevant to the official proceeding or investigation.
805          (4) A person [is guilty of a class A misdemeanor if, believing] who believes that an
806     official proceeding or investigation is pending or about to be instituted under this title[, that
807     person:] may not:
808          (a) [alters, destroys, conceals, or removes] alter, destroy, conceal, or remove a record
809     with a purpose to impair the record's verity or availability in the proceeding or investigation; or
810          (b) [makes, presents, or uses] make, present, or use anything that the person knows to
811     be false with [a] the purpose to deceive any of the following who may be engaged in [a] the
812     proceeding or investigation [under this title]:
813          (i) a commissioner;
814          (ii) an authorized representative of the commission or department;
815          (iii) a law enforcement officer; or
816          (iv) [other] another person.
817          (5) (a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3)
818     is a class B misdemeanor.
819          (b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to
820     an official proceeding or investigation for a violation of Section 32B-4-404.
821          (c) A violation of Subsection (4) is a class A misdemeanor.
822          Section 3. Section 32B-5-202 is amended to read:
823          32B-5-202. Renewal requirements.
824          (1) A retail license expires each year on the day specified in the relevant chapter or part
825     for that type of retail license.
826          (2) (a) To renew a person's retail license, a retail licensee shall, on or before the day
827     specified in the relevant chapter or part for the type of retail license that the person seeks to
828     renew, submit:
829          (i) a completed renewal application in a form prescribed by the department;
830          (ii) a renewal fee in the amount specified in the relevant chapter or part for the type of
831     retail license that the person seeks to renew; [and]

832          (iii) a responsible alcohol service plan if, since the retail licensee's most recent
833     application or renewal, the retail licensee:
834          (A) made substantial changes to the retail licensee's responsible alcohol service plan;
835     or
836          (B) violated a provision of this chapter[.]; and
837          (iv) a certification in a form prescribed by the department of the retail licensee's
838     compliance with Section 32B-5-302.
839          (b) The department may audit a retail licensee's responsible alcohol service plan.
840          (3) Failure to meet the renewal requirements results in an automatic forfeiture of the
841     retail license effective on the day on which the existing retail license expires.
842          Section 4. Section 32B-5-302 is amended to read:
843          32B-5-302. Recordkeeping -- Retention.
844          (1) (a) A retail licensee shall make and maintain a record showing in detail:
845          [(a)] (i) quarterly expenditures made separately for:
846          [(i)] (A) malt or brewed beverages;
847          [(ii)] (B) liquor;
848          [(iii)] (C) set-ups;
849          [(iv)] (D) food; and
850          [(v)] (E) any other item required by the department; and
851          [(b)] (ii) sales made separately for:
852          [(i)] (A) malt or brewed beverages;
853          [(ii)] (B) set-ups;
854          [(iii)] (C) food; and
855          [(iv)] (D) any other item required by the department.
856          [(2)] (b) A retail licensee shall make and maintain a record required by Subsection
857     (1)(a):
858          [(a)] (i) in a form approved by the department; and
859          [(b)] (ii) current for each three-month period.
860          [(3)] (c) A retail licensee shall support an expenditure by:
861          [(a)] (i) a delivery ticket;
862          [(b)] (ii) an invoice;

863          [(c)] (iii) a receipted bill;
864          [(d)] (iv) a canceled check;
865          [(e)] (v) a petty cash voucher; or
866          [(f)] (vi) other sustaining datum or memorandum.
867          [(4)] (d) In addition to a record required under Subsection [(1)] (1)(a), a retail licensee
868     shall make and maintain any other record the department may require.
869          (2) After receiving written notice of an official proceeding or investigation under
870     Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
871     violation of Section 41-6a-502 or 41-6a-517, a retail licensee shall retain a record that is
872     relevant to the proceeding or investigation, including any video surveillance, for a period of at
873     least two years after the day on which the notice is received.
874          [(5)] (3) (a) A record of a retail licensee is subject to inspection by an authorized
875     representative of the commission [and] or the department.
876          (b) A retail licensee shall allow the department, through an auditor or examiner of the
877     department, to audit the records of the retail licensee at times the department considers
878     advisable.
879          [(6)] (4) [Section] Sections 32B-1-205 [applies] and 32B-4-505 apply to a record
880     required to be made or maintained in accordance with this section.
881          Section 5. Section 32B-6-205.2 is amended to read:
882          32B-6-205.2. Specific operational requirements for a full-service restaurant
883     license -- On and after July 1, 2018, or July 1, 2022.
884          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
885     Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
886     shall comply with this section.
887          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
888     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
889          (i) a full-service restaurant licensee;
890          (ii) individual staff of a full-service restaurant licensee; or
891          (iii) both a full-service restaurant licensee and staff of the full-service restaurant
892     licensee.
893          (2) (a) An individual who serves an alcoholic product in a full-service restaurant

894     licensee's premises shall make a beverage tab for each table or group that orders or consumes
895     an alcoholic product on the premises.
896          (b) A beverage tab described in this Subsection (2) shall state the type and amount of
897     each alcoholic product ordered or consumed.
898          (3) A full-service restaurant licensee may not make an individual's willingness to serve
899     an alcoholic product a condition of employment with a full-service restaurant licensee.
900          (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
901     licensed premises during the following time periods only:
902          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
903          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
904     period that begins at 10:30 a.m. and ends at 11:59 p.m.
905          (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
906     licensed premises during the following time periods only:
907          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
908          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
909     period that begins at 10:30 a.m. and ends at 12:59 a.m.
910          (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
911     on-premise consumption except after:
912          (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
913     product is seated at:
914          (A) a table that is located in a dining area or a dispensing area;
915          (B) a counter that is located in a dining area or a dispensing area; or
916          (C) a dispensing structure that is located in a dispensing area; and
917          (ii) the full-service restaurant licensee confirms that the patron intends to:
918          (A) order food prepared, sold, and furnished at the licensed premises; and
919          (B) except as provided in Subsection (5)(b), consume the food at the same location
920     where the patron is seated and furnished the alcoholic product.
921          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
922     full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
923     furnish to the patron one drink that contains a single portion of an alcoholic product as
924     described in Section 32B-5-304 if:

925          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
926     structure; and
927          (B) the full-service restaurant licensee first confirms that after the patron is seated in
928     the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
929     premises.
930          (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
931     in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
932     and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion
933     of the patron's alcoholic product to the patron's seat in the dining area.
934          (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
935          (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
936     furnish beer for off-premise consumption except after the patron consumes on the licensed
937     premises food prepared, sold, and furnished at the licensed premises.
938          (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
939     culinary facilities for food preparation and dining accommodations.
940          (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
941     licensed premises only if the patron is seated at:
942          (a) a table that is located in a dining area or dispensing area;
943          (b) a counter that is located in a dining area or dispensing area; or
944          (c) a dispensing structure located in a dispensing area.
945          (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
946     more than two alcoholic products of any kind at a time before the patron.
947          (b) A patron may not have more than one spirituous liquor drink at a time before the
948     patron.
949          (c) An individual portion of wine is considered to be one alcoholic product under
950     Subsection (7)(a).
951          (8) In accordance with the provisions of this section, an individual who is at least 21
952     years old may consume food and beverages in a dispensing area.
953          (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
954     consume food or beverages in a dispensing area.
955          (b) (i) A minor may be in a dispensing area if the minor is:

956          (A) at least 16 years old and working as an employee of the full-service restaurant
957     licensee; or
958          (B) performing maintenance and cleaning services as an employee of the full-service
959     restaurant licensee when the full-service restaurant licensee is not open for business.
960          (ii) If there is no alternative route available, a minor may momentarily pass through a
961     dispensing area without remaining or sitting in the dispensing area en route to an area of the
962     full-service restaurant licensee's premises in which the minor is permitted to be.
963          (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
964     may dispense an alcoholic product only if:
965          (a) the alcoholic product is dispensed from:
966          (i) a dispensing structure that is located in a dispensing area;
967          (ii) an area that is:
968          (A) separated from an area for the consumption of food by a patron by a solid,
969     translucent, permanent structural barrier such that the facilities for the dispensing of an
970     alcoholic product are not readily visible to a patron and not accessible by a patron; and
971          (B) apart from an area used for dining, for staging, or as a waiting area; or
972          (iii) the premises of a bar licensee that is:
973          (A) owned by the same person or persons as the full-service restaurant licensee; and
974          (B) located immediately adjacent to the premises of the full-service restaurant licensee;
975     and
976          (b) any instrument or equipment used to dispense alcoholic product is located in an
977     area described in Subsection (10)(a).
978          (11) (a) A full-service restaurant licensee may have more than one dispensing area in
979     the licensed premises.
980          (b) Each dispensing area in a licensed premises may satisfy the requirements for a
981     dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
982     dispensing area in the licensed premises satisfies the requirements for a dispensing area.
983          (12) A full-service restaurant licensee may not:
984          (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
985          (b) display an alcoholic product or a product intended to appear like an alcoholic
986     product by moving a cart or similar device around the licensed premises.

987          (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
988     charge or fee made in connection with the sale, service, or consumption of liquor, including:
989          (a) a set-up charge;
990          (b) a service charge; or
991          (c) a chilling fee.
992          (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
993     restaurant licensee shall maintain each of the following records for at least three years:
994          (i) a record required by [Section] Subsection 32B-5-302(1); and
995          (ii) a record that the commission requires a full-service restaurant licensee to use or
996     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
997     Rulemaking Act.
998          (b) The department shall audit the records of a full-service restaurant licensee at least
999     once annually.
1000          (15) A full-service restaurant licensee may lease to a patron of the full-service
1001     restaurant licensee a locked storage space:
1002          (a) that the commission considers proper for the storage of wine; and
1003          (b) for the storage of wine that:
1004          (i) the patron purchases from the full-service restaurant licensee; and
1005          (ii) only the full-service restaurant licensee or staff of the full-service restaurant
1006     licensee may remove from the locker for the patron's use in accordance with this title,
1007     including:
1008          (A) service and consumption on licensed premises as described in Section 32B-5-306;
1009     or
1010          (B) removal from the full-service retail licensee's licensed premises in accordance with
1011     Section 32B-5-307.
1012          Section 6. Section 32B-6-305.2 is amended to read:
1013          32B-6-305.2. Specific operational requirements for a limited-service restaurant
1014     license -- On and after July 1, 2018, or July 1, 2022.
1015          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1016     Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
1017     licensee shall comply with this section.

1018          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1019     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1020          (i) a limited-service restaurant licensee;
1021          (ii) individual staff of a limited-service restaurant licensee; or
1022          (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
1023     licensee.
1024          (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
1025     licensee's premises shall make a beverage tab for each table or group that orders or consumes
1026     an alcoholic product on the premises.
1027          (b) A beverage tab described in this Subsection (2) shall state the type and amount of
1028     each alcoholic product ordered or consumed.
1029          (3) A limited-service restaurant licensee may not make an individual's willingness to
1030     serve an alcoholic product a condition of employment with a limited-service restaurant
1031     licensee.
1032          (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
1033     heavy beer at the licensed premises during the following time periods only:
1034          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
1035          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1036     period that begins at 10:30 a.m. and ends at 11:59 p.m.
1037          (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
1038     licensed premises during the following time periods only:
1039          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1040          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1041     period that begins at 10:30 a.m. and ends at 12:59 a.m.
1042          (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
1043     on-premise consumption except after:
1044          (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
1045     product is seated at:
1046          (A) a table that is located in a dining area or a dispensing area;
1047          (B) a counter that is located in a dining area or a dispensing area; or
1048          (C) a dispensing structure that is located in a dispensing area; and

1049          (ii) the limited-service restaurant licensee confirms that the patron intends to:
1050          (A) order food prepared, sold, and furnished at the licensed premises; and
1051          (B) except as provided in Subsection (5)(b), consume the food at the same location
1052     where the patron is seated and furnished the alcoholic product.
1053          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1054     limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
1055     sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
1056     described in Section 32B-5-304 if:
1057          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1058     structure; and
1059          (B) the limited-service restaurant licensee first confirms that after the patron is seated
1060     in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1061     premises.
1062          (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
1063     in the dining area, an employee of the limited-service restaurant licensee who is qualified to
1064     sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished
1065     portion of the patron's alcoholic product to the patron's seat in the dining area.
1066          (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
1067          (c) Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not
1068     furnish beer for off-premise consumption except after the patron consumes on the licensed
1069     premises food prepared, sold, and furnished at the licensed premises.
1070          (d) A limited-service restaurant licensee shall maintain on the licensed premises
1071     adequate culinary facilities for food preparation and dining accommodations.
1072          (6) A patron may consume an alcoholic product on the limited-service restaurant
1073     licensee's licensed premises only if the patron is seated at:
1074          (a) a table that is located in a dining area or a dispensing area;
1075          (b) a counter that is located in a dining area or a dispensing area; or
1076          (c) a dispensing structure located in a dispensing area.
1077          (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1078     more than two alcoholic products of any kind at a time before the patron.
1079          (b) An individual portion of wine is considered to be one alcoholic product under

1080     Subsection (7)(a).
1081          (8) In accordance with the provisions of this section, an individual who is at least 21
1082     years old may consume food and beverages in a dispensing area.
1083          (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
1084     consume food or beverages in a dispensing area.
1085          (b) (i) A minor may be in a dispensing area if the minor is:
1086          (A) at least 16 years old and working as an employee of the limited-service restaurant
1087     licensee; or
1088          (B) performing maintenance and cleaning services as an employee of the
1089     limited-service restaurant licensee when the limited-service restaurant licensee is not open for
1090     business.
1091          (ii) If there is no alternative route available, a minor may momentarily pass through a
1092     dispensing area without remaining or sitting in the dispensing area en route to an area of the
1093     limited-service restaurant licensee's premises in which the minor is permitted to be.
1094          (10) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
1095     licensee may dispense an alcoholic product only if:
1096          (a) the alcoholic product is dispensed from:
1097          (i) a dispensing structure that is located in a dispensing area;
1098          (ii) an area that is:
1099          (A) separated from an area for the consumption of food by a patron by a solid,
1100     translucent, permanent structural barrier such that the facilities for the dispensing of an
1101     alcoholic product are not readily visible to a patron and not accessible by a patron; and
1102          (B) apart from an area used for dining, for staging, or as a waiting area; or
1103          (iii) the premises of a bar licensee that is:
1104          (A) owned by the same person or persons as the limited-service restaurant licensee; and
1105          (B) located immediately adjacent to the premises of the limited-service restaurant
1106     licensee; and
1107          (b) any instrument or equipment used to dispense alcoholic product is located in an
1108     area described in Subsection (10)(a).
1109          (11) (a) A limited-service restaurant licensee may have more than one dispensing area
1110     in the licensed premises.

1111          (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1112     dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1113     dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1114          (12) A limited-service restaurant licensee may not:
1115          (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1116          (b) display an alcoholic product or a product intended to appear like an alcoholic
1117     product by moving a cart or similar device around the licensed premises.
1118          (13) A limited-service restaurant licensee may state in a food or alcoholic product
1119     menu a charge or fee made in connection with the sale, service, or consumption of wine or
1120     heavy beer, including:
1121          (a) a set-up charge;
1122          (b) a service charge; or
1123          (c) a chilling fee.
1124          (14) (a) In addition to the requirements described in Section 32B-5-302, a
1125     limited-service restaurant licensee shall maintain each of the following records for at least three
1126     years:
1127          (i) a record required by [Section] Subsection 32B-5-302(1); and
1128          (ii) a record that the commission requires a limited-service restaurant licensee to use or
1129     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1130     Rulemaking Act.
1131          (b) The department shall audit the records of a limited-service restaurant licensee at
1132     least once each calendar year.
1133          Section 7. Section 32B-6-406 is amended to read:
1134          32B-6-406. Specific operational requirements for a bar establishment license.
1135          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1136     Requirements, a bar establishment licensee and staff of the bar establishment licensee shall
1137     comply with this section.
1138          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1139     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1140          (i) a bar establishment licensee;
1141          (ii) individual staff of a bar establishment licensee; or

1142          (iii) both a bar establishment licensee and staff of the bar establishment licensee.
1143          (2) In addition to complying with Subsection 32B-5-301(3), a bar licensee shall display
1144     in a conspicuous place at the entrance to the licensed premises a sign that:
1145          (a) measures at least 8-1/2 inches long and 11 inches wide; and
1146          (b) clearly states that the bar licensee is a bar and that no one under 21 years [of age]
1147     old is allowed.
1148          (3) (a) In addition to complying with Section 32B-5-302, a bar establishment licensee
1149     shall maintain for a minimum of three years:
1150          (i) a record required by [Section] Subsection 32B-5-302(1); and
1151          (ii) a record maintained or used by the bar establishment licensee, as the department
1152     requires.
1153          (b) Section 32B-1-205 applies to a record required to be made, maintained, or used in
1154     accordance with this Subsection (3).
1155          (c) The department shall audit the records of a bar establishment licensee at least once
1156     annually.
1157          (4) (a) A bar establishment licensee may not sell, offer for sale, or furnish liquor on the
1158     licensed premises on any day during a period that:
1159          (i) begins at 1 a.m.; and
1160          (ii) ends at 9:59 a.m.
1161          (b) A bar establishment licensee may sell, offer for sale, or furnish beer during the
1162     hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
1163     license.
1164          (c) (i) Notwithstanding Subsections (4)(a) and (b), a bar establishment licensee shall
1165     keep its licensed premises open for one hour after the bar establishment licensee ceases the sale
1166     and furnishing of an alcoholic product during which time a patron of the bar establishment
1167     licensee may finish consuming:
1168          (A) a single drink containing spirituous liquor;
1169          (B) a single serving of wine not exceeding five ounces;
1170          (C) a single serving of heavy beer;
1171          (D) a single serving of beer not exceeding 26 ounces; or
1172          (E) a single serving of a flavored malt beverage.

1173          (ii) A bar establishment licensee is not required to remain open:
1174          (A) after all patrons have vacated the premises; or
1175          (B) during an emergency.
1176          (5) (a) A minor:
1177          (i) may not be admitted into, use, or be in the licensed premises of:
1178          (A) a dining club licensee unless accompanied by an individual who is 21 years [of
1179     age] old or older; or
1180          (B) a bar licensee, except to the extent provided for under Section 32B-6-406.1;
1181          (ii) may only be admitted into, use, or be in the lounge or bar area of an equity
1182     licensee's or fraternal licensee's licensed premises:
1183          (A) when accompanied by an individual who is 21 years [of age] old or older; and
1184          (B) momentarily while en route to another area of the licensee's premises; and
1185          (iii) may not remain or sit in the lounge or bar area of an equity licensee's or fraternal
1186     licensee's licensed premises.
1187          (b) Notwithstanding Section 32B-5-308, a bar establishment licensee may not employ a
1188     minor to:
1189          (i) work in a lounge or bar area of an equity licensee, fraternal licensee, or dining club
1190     licensee; or
1191          (ii) handle an alcoholic product.
1192          (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
1193     premises of a bar licensee.
1194          (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
1195     more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a bar
1196     establishment licensee.
1197          (6) A bar establishment licensee shall have food available at all times when an
1198     alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
1199          (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1200     more than two alcoholic products of any kind at a time before the patron.
1201          (b) A patron may not have two spirituous liquor drinks before the bar establishment
1202     licensee patron if one of the spirituous liquor drinks consists only of the primary spirituous
1203     liquor for the other spirituous liquor drink.

1204          (c) An individual portion of wine is considered to be one alcoholic product under
1205     Subsection (7)(a).
1206          (8) A bar establishment licensee shall have available on the premises for a patron to
1207     review at the time that the patron requests it, a written alcoholic product price list or a menu
1208     containing the price of an alcoholic product sold, offered for sale, or furnished by the bar
1209     establishment licensee including:
1210          (a) a set-up charge;
1211          (b) a service charge; or
1212          (c) a chilling fee.
1213          (9) Subject to Section 32B-5-309, a bar establishment licensee may not temporarily
1214     rent or otherwise temporarily lease its premises to a person unless:
1215          (a) the person to whom the bar establishment licensee rents or leases the premises
1216     agrees in writing to comply with this title as if the person is the bar establishment licensee,
1217     except for a requirement related to making or maintaining a record; and
1218          (b) the bar establishment licensee takes reasonable steps to ensure that the person
1219     complies with this section as provided in Subsection (9)(a).
1220          (10) If a bar establishment licensee is an equity licensee or fraternal licensee, the bar
1221     establishment licensee shall comply with Section 32B-6-407.
1222          (11) If a bar establishment licensee is a dining club licensee or bar licensee, the bar
1223     establishment licensee shall comply with Section 32B-1-407.
1224          (12) (a) A bar establishment licensee shall own or lease premises suitable for the bar
1225     establishment licensee's activities.
1226          (b) A bar establishment licensee may not maintain licensed premises in a manner that
1227     barricades or conceals the bar establishment licensee's operation.
1228          Section 8. Section 32B-6-605 is amended to read:
1229          32B-6-605. Specific operational requirements for on-premise banquet license.
1230          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1231     Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee
1232     shall comply with this section.
1233          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1234     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

1235          (i) an on-premise banquet licensee;
1236          (ii) individual staff of an on-premise banquet licensee; or
1237          (iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
1238          (2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and
1239     (5) for the entire premises of the hotel, resort facility, sports center, convention center,
1240     performing arts facility, or arena that is the basis for the on-premise banquet license.
1241          (3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
1242     shall provide the department with advance notice of a scheduled banquet in accordance with
1243     rules made by the commission.
1244          (b) Any of the following may conduct a random inspection of a banquet:
1245          (i) an authorized representative of the commission or the department; or
1246          (ii) a law enforcement officer.
1247          (4) (a) An on-premise banquet licensee is not subject to [Section] Subsection
1248     32B-5-302(1), but shall make and maintain the records described in Subsection 32B-5-302(2)
1249     and the records the commission or department requires.
1250          (b) Section 32B-1-205 applies to a record required to be made or maintained in
1251     accordance with this Subsection (4).
1252          (5) (a) Except as otherwise provided in this title, an on-premise banquet licensee may
1253     sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the
1254     location of the banquet.
1255          (b) Except as provided in Subsection 32B-5-307(4), a host of a banquet, a patron, or a
1256     person other than the on-premise banquet licensee or staff of the on-premise banquet licensee,
1257     may not remove an alcoholic product from the premises of the banquet.
1258          (c) Notwithstanding Subsections 32B-5-307(3) and (5) and except as provided in
1259     Subsection 32B-5-307(4), a patron at a banquet may not bring an alcoholic product into or
1260     onto, or remove an alcoholic product from, the premises of a banquet.
1261          (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at
1262     the banquet following the conclusion of the banquet.
1263          (b) At the conclusion of a banquet, an on-premise banquet licensee shall:
1264          (i) destroy an opened and unused alcoholic product that is not saleable, under
1265     conditions established by the department; and

1266          (ii) return to the on-premise banquet licensee's approved locked storage area any:
1267          (A) opened and unused alcoholic product that is saleable; and
1268          (B) unopened container of an alcoholic product.
1269          (c) Except as provided in Subsection (6)(b) with regard to an open or sealed container
1270     of an alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
1271          (i) shall store the alcoholic product in the on-premise banquet licensee's approved
1272     locked storage area; and
1273          (ii) may use the alcoholic product at more than one banquet.
1274          (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not
1275     employ a minor to sell, furnish, or dispense an alcoholic product in connection with the
1276     on-premise banquet licensee's banquet and room service activities.
1277          (8) An on-premise banquet licensee:
1278          (a) may provide room service in portions described in Section 32B-5-304;
1279          (b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
1280     connection with room service any day during a period that:
1281          (i) begins at 1 a.m.; and
1282          (ii) ends at 9:59 a.m.; and
1283          (c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
1284     product free of charge per guest reservation, per guest room, if the alcoholic product:
1285          (i) is not a spirituous liquor; and
1286          (ii) is in an unopened container not to exceed 750 milliliters.
1287          (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
1288     more than two alcoholic products of any kind at a time before the patron.
1289          (b) A patron may not have more than one spirituous liquor drink at a time before the
1290     patron.
1291          (c) An individual portion of wine is considered to be one alcoholic product under
1292     Subsection (9)(a).
1293          (10) (a) An on-premise banquet licensee shall supervise and direct a person involved in
1294     the sale, offer for sale, or furnishing of an alcoholic product.
1295          (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1296     shall complete an alcohol training and education seminar.

1297          (11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
1298     times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
1299     banquet.
1300          (12) (a) Room service of an alcoholic product to a guest room or privately owned
1301     dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise
1302     banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.
1303          (b) An alcoholic product may not be left outside a guest room or privately owned
1304     dwelling unit for retrieval by a guest or resident.
1305          (13) An on-premise banquet licensee may not maintain a minibar.
1306          Section 9. Section 32B-6-706 is amended to read:
1307          32B-6-706. Specific operational requirements for on-premise beer retailer license.
1308          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1309     Requirements, an on-premise beer retailer and staff of the on-premise beer retailer shall comply
1310     with this section.
1311          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1312     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1313          (i) an on-premise beer retailer;
1314          (ii) individual staff of an on-premise beer retailer; or
1315          (iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
1316          (2) (a) An on-premise beer retailer is not subject to [Section] Subsection 32B-5-302(1),
1317     but shall make and maintain the records described in Subsection 32B-5-302(2) and the records
1318     the department requires.
1319          (b) Section 32B-1-205 applies to a record required to be made or maintained in
1320     accordance with this Subsection (2).
1321          (3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or
1322     sell liquor on its licensed premises.
1323          (4) (a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at the
1324     on-premise beer retailer's licensed premises during a period that:
1325          (i) begins at 1 a.m.; and
1326          (ii) ends at 9:59 a.m.
1327          (b) (i) Notwithstanding Subsection (4)(a), a tavern shall remain open for one hour after

1328     the tavern ceases the sale and furnishing of beer during which time a patron of the tavern may
1329     finish consuming a single serving of beer not exceeding 26 ounces.
1330          (ii) A tavern is not required to remain open:
1331          (A) after all patrons have vacated the premises; or
1332          (B) during an emergency.
1333          (5) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a
1334     tavern.
1335          (6) (a) (i) An on-premise beer retailer may not purchase, acquire, possess for the
1336     purpose of resale, or sell beer except beer that the on-premise beer retailer lawfully purchases
1337     from:
1338          (A) a beer wholesaler licensee; or
1339          (B) a small brewer that manufactures the beer.
1340          (ii) Violation of Subsection (6)(a)(i) is a class A misdemeanor.
1341          (b) (i) If an on-premise beer retailer purchases beer under this Subsection (6) from a
1342     beer wholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer
1343     wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
1344     in which the on-premise beer retailer is located, unless an alternate wholesaler is authorized by
1345     the department to sell to the on-premise beer retailer as provided in Section 32B-13-301.
1346          (ii) Violation of Subsection (6)(b)(i) is a class B misdemeanor.
1347          (7) A tavern shall comply with Section 32B-1-407.
1348          Section 10. Section 32B-6-905.1 is amended to read:
1349          32B-6-905.1. Specific operational requirements for a beer-only restaurant license
1350     -- On and after July 1, 2018, or July 1, 2022.
1351          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1352     Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
1353     shall comply with this section.
1354          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1355     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1356          (i) a beer-only restaurant licensee;
1357          (ii) individual staff of a beer-only restaurant licensee; or
1358          (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.

1359          (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
1360     sale, furnish, or allow consumption of liquor.
1361          (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
1362          (i) as a flavoring on a dessert; or
1363          (ii) in the preparation of a flaming food dish, drink, or dessert.
1364          (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
1365     make a beverage tab for each table or group that orders or consumes beer on the premises.
1366          (b) A beverage tab described in this Subsection (3) shall state the type and amount of
1367     each beer ordered or consumed.
1368          (4) A beer-only restaurant licensee may not make an individual's willingness to serve
1369     beer a condition of employment as a server with a beer-only restaurant licensee.
1370          (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
1371     licensed premises during the following time periods only:
1372          (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1373          (b) on a weekend or a state or federal legal holiday or for a private event, during the
1374     period that begins at 10:30 a.m. and ends at 12:59 a.m.
1375          (6) (a) A beer-only restaurant licensee may not furnish beer for on-premise
1376     consumption except after:
1377          (i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
1378          (A) a table that is located in a dining area or a dispensing area;
1379          (B) a counter that is located in a dining area or a dispensing area; or
1380          (C) a dispensing structure that is located in a dispensing area; and
1381          (ii) the beer-only restaurant licensee confirms that the patron intends to:
1382          (A) order food prepared, sold, and furnished at the licensed premises; and
1383          (B) except as provided in Subsection (6)(b), consume the food at the same location
1384     where the patron is seated and furnished the beer.
1385          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1386     beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
1387     furnish to the patron one portion of beer as described in Section 32B-5-304 if:
1388          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1389     structure; and

1390          (B) the beer-only restaurant licensee first confirms that after the patron is seated in the
1391     dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1392     premises.
1393          (ii) If the patron does not finish the patron's beer before moving to a seat in the dining
1394     area, an employee of the beer-only restaurant licensee who is qualified to sell and serve an
1395     alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the
1396     patron's beer to the patron's seat in the dining area.
1397          (c) Notwithstanding Section 32B-5-307, a beer-only restaurant licensee may not
1398     furnish beer for off-premise consumption except after the patron consumes on the licensed
1399     premises food prepared, sold, and furnished at the licensed premises.
1400          (d) A beer-only restaurant licensee shall maintain on the licensed premises adequate
1401     culinary facilities for food preparation and dining accommodations.
1402          (7) A patron may consume a beer on the beer-only licensee's licensed premises only at:
1403          (a) a table that is located in a dining area or a dispensing area;
1404          (b) a counter that is located in a dining area or a dispensing area; or
1405          (c) a dispensing structure located in a dispensing area.
1406          (8) A patron may not have more than two beers at a time before the patron.
1407          (9) In accordance with the provisions of this section, an individual who is at least 21
1408     years old may consume food and beverages in a dispensing area.
1409          (10) (a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or
1410     consume food or beverages in a dispensing area.
1411          (b) (i) A minor may be in a dispensing area if the minor is:
1412          (A) at least 16 years old and working as an employee of the beer-only restaurant
1413     licensee; or
1414          (B) performing maintenance and cleaning services as an employee of the beer-only
1415     restaurant licensee when the beer-only restaurant licensee is not open for business.
1416          (ii) If there is no alternative route available, a minor may momentarily pass through a
1417     dispensing area without remaining or sitting in the dispensing area en route to an area of the
1418     beer-only restaurant licensee's premises in which the minor is permitted to be.
1419          (11) A beer-only restaurant licensee may dispense a beer only if:
1420          (a) the beer is dispensed from:

1421          (i) a dispensing structure that is located in a dispensing area;
1422          (ii) an area that is:
1423          (A) separated from an area for the consumption of food by a patron by a solid,
1424     translucent, permanent structural barrier such that the facilities for the dispensing of an
1425     alcoholic product are not readily visible to a patron and not accessible by a patron; and
1426          (B) apart from an area used for dining, for staging, or as a waiting area; or
1427          (iii) the premises of a bar licensee that is:
1428          (A) owned by the same person or persons as the beer-only restaurant licensee; and
1429          (B) located immediately adjacent to the premises of the beer-only restaurant licensee;
1430     and
1431          (b) any instrument or equipment used to dispense the beer is located in an area
1432     described in Subsection (11)(a).
1433          (12) (a) A beer-only restaurant licensee may have more than one dispensing area in the
1434     licensed premises.
1435          (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1436     dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any
1437     other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1438          (13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
1439     from a movable cart.
1440          (14) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
1441     restaurant licensee shall maintain each of the following records for at least three years:
1442          (i) a record required by [Section] Subsection 32B-5-302(1); and
1443          (ii) a record that the commission requires a beer-only restaurant licensee to use or
1444     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1445     Rulemaking Act.
1446          (b) The department shall audit the records of a beer-only restaurant licensee at least
1447     once annually.
1448          Section 11. Section 32B-6-1005 is amended to read:
1449          32B-6-1005. Specific operational requirements for hospitality amenity license.
1450          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1451     Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall

1452     comply with this section.
1453          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1454     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1455          (i) the hospitality amenity licensee;
1456          (ii) individual staff of the hospitality amenity licensee; or
1457          (iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee.
1458          (2) (a) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1459     product:
1460          (i) to a hospitality guest; and
1461          (ii) for consumption in or on the hospitality amenity licensee's licensed premises.
1462          (b) (i) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1463     product that is not spirituous liquor in or on:
1464          (A) licensed premises physically separated from an area to which a hospitality guest or
1465     the public has access by a permanent or temporary structure or barrier; or
1466          (B) licensed premises described in Subsection (2)(b)(ii).
1467          (ii) A hospitality amenity licensee may sell, offer for sale, or furnish spirituous liquor
1468     in or on licensed premises that:
1469          (A) allows access only through the use of a key or code; and
1470          (B) fills the entirety of a physically and permanently enclosed area within the hotel or
1471     resort.
1472          (c) Spirituous liquor may not be in or on the licensed premises described in Subsection
1473     (2)(b)(i)(A) of a hospitality amenity licensee, except for use:
1474          (i) as a flavoring on a dessert; and
1475          (ii) in the preparation of a flaming food dish or dessert.
1476          (d) A hospitality amenity licensee may not allow self-service of an alcoholic product in
1477     or on the hospitality amenity licensee's licensed premises.
1478          (3) (a) Subject to Subsections (3)(b) and (c), a hospitality guest may not have more
1479     than two alcoholic products of any kind at a time before the hospitality guest.
1480          (b) A hospitality guest may not have more than one spirituous liquor drink at a time
1481     before the hospitality guest.
1482          (c) An individual portion of wine is considered to be one alcoholic product under

1483     Subsection (3)(a).
1484          (4) A hospitality amenity licensee shall make food available at all times that the
1485     licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on
1486     the licensed premises.
1487          (5) (a) A hospitality amenity licensee may not sell, offer for sale, or furnish an
1488     alcoholic product any day during a period that:
1489          (i) begins at 1:00 a.m.; and
1490          (ii) ends at 9:59 a.m.
1491          (b) A hospitality amenity licensee shall remain open for one hour after the licensee
1492     ceases to sell and furnish an alcoholic product, during which time a hospitality guest in or on
1493     the hospitality amenity licensed premises may finish consuming:
1494          (i) a single drink containing spirituous liquor;
1495          (ii) a single serving of wine not exceeding five ounces;
1496          (iii) a single serving of heavy beer;
1497          (iv) a single serving of beer not exceeding 26 ounces; or
1498          (v) a single serving of a flavored malt beverage.
1499          (c) A hospitality amenity licensee is not required to remain open:
1500          (i) after all individuals have vacated the licensee's licensed premises; or
1501          (ii) during an emergency.
1502          (6) (a) Notwithstanding Section 32B-5-305, a hospitality amenity licensee may provide
1503     a hospitality guest up to two single servings of an alcoholic product free of charge or at a
1504     reduced rate, if:
1505          (i) the alcoholic product is not a spirituous liquor; and
1506          (ii) the hospitality amenity licensee offers the alcohol product:
1507          (A) to all hospitality guests;
1508          (B) during a specific time; and
1509          (C) on the hospitality amenity licensee's licensed premises.
1510          (b) Before a hospitality amenity licensee provides an alcoholic product free of charge
1511     or at a reduced rate as described in Subsection (6)(a), the licensee shall provide the department
1512     with advance notice of the event, in accordance with commission rules that permit a licensee to
1513     provide a single notice for a reoccurring event or multiple events.

1514          (7) A hospitality amenity licensee may permit a hospitality guest to purchase an
1515     alcoholic product through a charge to the hospitality guest's lodging accommodations.
1516          (8) (a) Notwithstanding Section 32B-5-307, a hospitality guest, or a person other than
1517     the hospitality amenity licensee or staff of the hospitality amenity licensee, may not remove an
1518     alcoholic product from the hospitality amenity licensee's licensed premises.
1519          (b) Notwithstanding Subsection 32B-5-307(3), a hospitality guest may not bring an
1520     alcoholic product within the hospitality amenity licensee's licensed premises.
1521          (9) A hospitality amenity licensee shall display at each entrance to the licensee's
1522     licensed premises a conspicuous sign that:
1523          (a) measures at least 8-1/2 inches long and 11 inches wide; and
1524          (b) clearly states that entry is limited to individuals who are hospitality guests, as
1525     defined in this title.
1526          (10) A hospitality amenity licensee may not permit a minor to enter the licensee's
1527     licensed premises at any time during which an alcoholic product is sold, offered for sale,
1528     furnished, or consumed, unless the minor is accompanied at all times on the licensed premises
1529     by a hospitality guest.
1530          (11) A staff person of a hospitality amenity licensee shall remain on the licensed
1531     premises at all times when an alcoholic product is sold, offered for sale, furnished, or
1532     consumed in or on the licensed premises.
1533          (12) A hospitality amenity licensee may transfer an alcoholic product to or from
1534     another licensee within the boundary of the hotel or within the boundary of the resort building,
1535     if:
1536          (a) the hospitality amenity licensee and each licensee involved in the transfer tracks the
1537     transfer of the alcoholic product; and
1538          (b) the alcoholic product is in a sealed, unopened container.
1539          (13) (a) In addition to the requirements described in Section 32B-5-302, a hospitality
1540     amenity licensee shall maintain each of the following records for at least three years:
1541          (i) a record required under [Section] Subsection 32B-5-302(1); and
1542          (ii) a record that the commission requires a hospitality amenity licensee to use or
1543     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1544     Rulemaking Act.

1545          (b) The department shall audit the records of a hospitality amenity licensee at least
1546     once annually.
1547          Section 12. Section 32B-15-201 is amended to read:
1548          32B-15-201. Liability for injuries and damage resulting from distribution of
1549     alcoholic products -- Prima facie evidence.
1550          (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in
1551     Subsection (1)(b) is liable for:
1552          (i) any and all injury and damage, except punitive damages to:
1553          (A) a third person; or
1554          (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1555          (ii) the death of a third person.
1556          (b) A person is liable under Subsection (1)(a) if:
1557          (i) the person directly gives, sells, or otherwise provides an alcoholic product:
1558          (A) to a person described in Subsection (1)(b)(ii); and
1559          (B) as part of the commercial sale, storage, service, manufacture, distribution, or
1560     consumption of an alcoholic product;
1561          (ii) those actions cause the intoxication of:
1562          (A) an individual under [the age of] 21 years old;
1563          (B) an individual who is apparently under the influence of [intoxicating alcoholic
1564     products or drugs] an alcoholic product or drug;
1565          (C) an individual whom the person furnishing the alcoholic product knew or should
1566     have known from the circumstances was under the influence of [intoxicating alcoholic products
1567     or drugs] an alcoholic product or drug; or
1568          (D) an individual who is a known interdicted person; and
1569          (iii) the injury or death described in Subsection (1)(a) results from the intoxication of
1570     the individual who is provided the alcoholic product.
1571          (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an
1572     injury or death that results from the intoxication of an individual described in Subsection
1573     (1)(b)(ii)(B) or (C) if:
1574          (i) the person directly gives, sells, or otherwise provides the individual the last
1575     alcoholic product the individual consumes before the injury or death described in Subsection

1576     (1)(b)(iii);
1577          (ii) the individual consumes the alcoholic product at the location where the person
1578     directly gives, sells, or otherwise provides the individual the alcoholic product;
1579          (iii) the injury or death occurs within 30 minutes after the time at which the individual
1580     leaves, and within a 10 mile radius of, the location where the person gives, sells, or otherwise
1581     provides the individual the alcoholic product; and
1582          (iv) the individual is charged with a criminal violation of Section 41-6a-502 for driving
1583     under the influence of an alcoholic product in relation to the injury or death.
1584          (2) (a) A person 21 years [of age] old or older who is described in Subsection (2)(b) is
1585     liable for:
1586          (i) any and all injury and damage, except punitive damages to:
1587          (A) a third person; or
1588          (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1589          (ii) the death of the third person.
1590          (b) A person is liable under Subsection (2)(a) if:
1591          (i) [that] the person directly gives or otherwise provides an alcoholic product to an
1592     individual who the person knows or should have known is under [the age of] 21 years old;
1593          (ii) those actions caused the intoxication of the individual provided the alcoholic
1594     product;
1595          (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
1596     the individual who is provided the alcoholic product; and
1597          (iv) the person is not liable under Subsection (1), because the person did not directly
1598     give or provide the alcoholic product as part of the commercial sale, storage, service,
1599     manufacture, distribution, or consumption of an alcoholic product.
1600          (3) This section does not apply to a business licensed in accordance with Chapter 7,
1601     Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.