H.B. 47

1

RESTRICTIONS ON WEAPONS IN
2 TAVERNS AND CLUBS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John B. Arrington
6 AN ACT RELATING TO CRIMINAL CODE; PROVIDING THAT DANGEROUS WEAPONS
7 AND FIREARMS MAY NOT BE TAKEN IN TAVERNS AND CERTAIN PRIVATE
8 CLUBS; ESTABLISHING A PENALTY; PROVIDING EXCEPTIONS; REQUIRING
9 OWNERS OF TAVERNS AND CERTAIN PRIVATE CLUBS TO DISPLAY SIGN GIVING
10 NOTICE OF THE PROHIBITION; AND CROSS-REFERENCING RESTRICTED AREAS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 32A-5-107, as last amended by Chapter 95, Laws of Utah 1994
14 32A-10-206, as last amended by Chapter 95, Laws of Utah 1994
15 ENACTS:
16 53-5-710, Utah Code Annotated 1953
17 76-10-529, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 32A-5-107 is amended to read:
20 32A-5-107. Operational restrictions.
21 Each corporation or association granted a private club liquor license and its employees,
22 officers, managing agent, and members shall comply with the following conditions and
23 requirements. Failure to comply may result in a suspension or revocation of the license or other
24 disciplinary action taken against individual employees or management personnel.
25 (1) Each private club shall hold regular meetings as required by its articles or bylaws and
26 conduct its business through regularly elected officers. Within ten days following the election of
27 any officer, the department shall be notified in writing of the officer's name, address, and office

1 to which the officer has been elected, and the term of that office.
2 (2) Each private club may admit members only on written application signed by the
3 applicant, following investigation and approval of the governing body. Admissions shall be
4 recorded in the official minutes of a regular meeting of the governing body and the application,
5 whether approved or disapproved, shall be filed as a part of the official records of the licensee.
6 An applicant may not be accorded the privileges of a member until a quorum of the governing
7 body has formally voted upon and approved the applicant as a member. An applicant may not be
8 admitted to membership until seven days after the application is submitted.
9 (3) Each private club shall maintain a current and complete membership record showing
10 the date of application of each proposed member, the member's address, the date of admission
11 following application, and the date initiation fees and dues were assessed and paid. The record
12 shall also show the serial number of the membership card issued to each member. A current record
13 shall also be kept indicating when members were dropped or resigned.
14 (4) Each private club shall establish in the club bylaws initial fees and monthly dues, as
15 established by commission rules, which are collected from all members.
16 (5) Each private club may allow guests or visitors to use the premises only when
17 previously authorized by a member. A member is responsible for all services extended to guests
18 and visitors. If the guest or visitor is a member of the same fraternal organization as the private
19 club liquor licensee, no previous authorization is required.
20 (6) Each private club shall limit the issuance of visitor cards for a period not to exceed two
21 weeks and assess and collect a fee from each visitor of not less than $5 for each two-week period
22 the visitor card is issued. One dollar of every visitor card fee shall be remitted quarterly to the
23 department for the administration of this title. A current record of the issuance of each card shall
24 be maintained and shall contain the name of the member sponsoring the visitor.
25 (7) A private club may not sell alcoholic beverages to any person other than a member,
26 guest, or visitor who holds a valid visitor card issued under Subsection (6).
27 (8) A person who is under 21 years of age may not be a member, officer, director, or
28 trustee of a private club.
29 (9) An employee of a club, while on duty, may not consume an alcoholic beverage, be
30 under the influence of alcoholic beverages, sponsor a person for visitor privileges, or act as a host
31 for a guest.

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1 (10) A visitor to a club may not host more than five guests at one time.
2 (11) Each private club shall maintain an expense ledger or record showing in detail all
3 expenditures separated by payments for malt or brewed beverages, liquor, food, detailed payroll,
4 entertainment, rent, utilities, supplies, and all other expenditures. This record shall be kept in a
5 form approved by the department and balanced each month. Each expenditure shall be supported
6 by delivery tickets, invoices, receipted bills, canceled checks, petty cash vouchers, or other
7 sustaining data or memoranda. All invoices and receipted bills for the current calendar or fiscal
8 year documenting purchases made by officers of the club for the benefit of the club shall also be
9 maintained.
10 (12) Each private club shall maintain a bank account that shows all income and
11 expenditures as a control on the income and disbursements records. This account shall be balanced
12 each month under the direction of the treasurer or other officer of the licensee.
13 (13) Each private club shall maintain a minute book that is posted currently by the
14 secretary. This record shall contain the minutes of all regular and special meetings of the
15 governing body and all committee meetings held to conduct club business. Membership lists shall
16 also be maintained.
17 (14) Each private club shall maintain current copies of the club's articles of incorporation,
18 current bylaws, and current house rules. Changes in the bylaws are not effective unless submitted
19 to the department within ten days after adoption, and become effective 15 days after being received
20 by the department unless rejected by the department before the expiration of the 15-day period.
21 (15) Each private club shall maintain accounting and other records and documents as the
22 department may require.
23 (16) Any club or person acting for the club, who knowingly forges, falsifies, alters,
24 cancels, destroys, conceals, or removes the entries in any of the books of account or other
25 documents of the club required to be made, maintained, or preserved by this title or the rules of
26 the commission for the purpose of deceiving the commission, council, or department, or any of
27 their officials or employees, is subject to the immediate suspension or revocation of the club's
28 license and possible criminal prosecution under Chapter 12, Criminal Offenses.
29 (17) Each private club shall maintain and keep all the records required by this section and
30 all other books, records, receipts, and disbursements maintained or utilized by the licensee, as the
31 department requires, for a minimum period of three years. All records, books, receipts, and

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1 disbursements are subject to inspection by authorized representatives of the commission,
2 department, and council. The club shall allow the department, through its auditors or examiners,
3 to audit all records of the club at times the department considers advisable. The department shall
4 audit the records of the licensee at least once annually.
5 (18) Each private club shall make available to the department, upon request, verified
6 copies of any returns filed with the United States Treasury Department, Internal Revenue Service,
7 under the federal Internal Revenue Code. Failure to provide any returns and supporting documents
8 upon reasonable request by the department or, alternatively, to provide evidence of an extension
9 granted by the Internal Revenue Service, constitutes sufficient grounds for the commission to
10 suspend or revoke a license. Any return or copy of a return so filed with the department is
11 confidential and may not be used in any manner not directly connected with the enforcement of
12 this title, nor may it be disclosed to any person or any department or agency of government,
13 whether federal, state, or local.
14 (19) Each private club shall own or lease premises suitable for its activities in its own
15 name. A copy of the lease shall be filed with the department.
16 (20) Each private club shall operate the club under the supervision of a manager or house
17 committee, appointed by the governing body of the club.
18 (21) A private club may not maintain facilities in any manner that barricades or conceals
19 the club operation. Any member of the commission, authorized department personnel, member
20 of the council, or any peace officer shall, upon presentation of credentials, be admitted
21 immediately to the club and permitted without hindrance or delay to inspect completely the entire
22 club premises and all books and records of the licensee, at any time during which the same are
23 open for the transaction of business to its members.
24 (22) A private club may not pay any person or entity any fee, salary, rent, or other payment
25 of any kind in excess of the fair market value for the service rendered, goods furnished, or facilities
26 or equipment rented. It is the intention of this Subsection (22) to insure that no officer, managing
27 agent, employee, or other person derives a principal economic benefit from the operation of a club.
28 (23) A private club may not engage in any public solicitation or public advertising
29 calculated to increase its membership.
30 (24) Each private club shall comply with the following operational restrictions:
31 (a) The liquor storage and sales area shall remain locked at all times when it is not open

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1 for business.
2 (b) Liquor may not be purchased by a private club liquor licensee except from state stores
3 or package agencies. Liquor so purchased may be transported by the licensee from the place of
4 purchase to the licensed premises. Payment for liquor shall be made in accordance with rules
5 established by the commission.
6 (c) Beginning July 1, 1991, a private club liquor licensee may not sell or provide any
7 primary liquor except in one ounce quantities dispensed through a calibrated metered dispensing
8 system approved by the department in accordance with commission rules adopted under this title,
9 except that:
10 (i) liquor need not be dispensed through a calibrated metered dispensing system if used
11 as a secondary flavoring ingredient in a beverage subject to the following restrictions:
12 (A) the beverage shall contain liquor from a lawfully purchased container;
13 (B) the secondary ingredient is not the only liquor in the beverage;
14 (C) the licensee shall designate a location where flavorings are stored on the floor plan
15 provided to the department; and
16 (D) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
17 (ii) liquor need not be dispensed through a calibrated metered dispensing system if used
18 as a flavoring on desserts and in the preparation of flaming food dishes, drinks, and desserts;
19 (iii) wine may be served by the glass in quantities not exceeding five ounces per glass; and
20 (iv) heavy beer may be served in standard containers not exceeding one liter.
21 (d) (i) Private clubs licensed to sell liquor may sell beer in any size container not
22 exceeding two liters, and on draft without obtaining a separate on-premise beer retailer license
23 from the commission.
24 (ii) Private clubs licensed under this chapter that sell beer pursuant to Subsection (24)(d)(i)
25 shall comply with all appropriate operational restrictions under Title 32A, Chapter 10, Beer
26 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
27 inconsistent with or less restrictive than the operational restrictions under this chapter.
28 (iii) Failure to comply with the operational restrictions under Title 32A, Chapter 10, as set
29 forth in Subsection (24)(d)(ii) may result in a suspension or revocation of the private club's state
30 liquor license and its alcoholic beverage license issued by the local authority.
31 (e) Wine may be served in accordance with commission rule in containers not exceeding

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1 750 ml.
2 (f) A private club may not charge for the service or supply of glasses, ice, or mixers unless
3 the charges are fixed in the house rules of the club and a copy of the rules is kept on the club
4 premises and available at all times for examination by the members, guests, and visitors to the
5 club.
6 (g) Minors may not be employed by any club to sell, dispense, or handle any alcoholic
7 beverage.
8 (h) An officer, director, managing agent, employee, and any other person employed by or
9 acting for or in behalf of any licensee, may not sell, deliver, or furnish, or cause or permit to be
10 sold, delivered, or furnished any liquor to any:
11 (i) minor;
12 (ii) person actually, apparently, or obviously drunk;
13 (iii) known habitual drunkard; or
14 (iv) known interdicted person.
15 (i) (i) Liquor may not be sold or offered for sale at any private club during the following
16 days or hours:
17 (A) on the day of any regular general election, regular primary election, or statewide
18 special election until after the polls are closed;
19 (B) on the day of any municipal, special district, or school election, but only within the
20 boundaries of the municipality, special district, or school district, and only if closure is required
21 by local ordinance; and
22 (C) on Sunday and any state or federal legal holiday after 12 midnight and before 12 noon.
23 (ii) The hours of beer sales are those specified in Chapter 10 for on-premise beer licensees.
24 (j) On all other days the liquor storage and sales area in the club shall be closed from 1
25 a.m. until 10 a.m.
26 (k) Liquor may not be sold except at prices fixed by the commission. Mixed drinks and
27 wine may not be sold at discount prices on any date or at any time.
28 (l) Beginning July 1, 1991, no more than one ounce of primary liquor may be served to
29 a member, guest, or visitor at a time, except wine as provided in Subsection (24)(c)(iii) and heavy
30 beer as provided in Subsection (24)(c)(iv).
31 (m) (i) Beginning January 1, 1991, a person may not bring onto the premises of a private

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1 club liquor licensee any alcoholic beverage for on-premise consumption, except a person may
2 bring, subject to the discretion of the licensee, cork-finished wine onto the premises of any private
3 club liquor licensee and consume wine pursuant to Subsection (24)(n).
4 (ii) Beginning January 1, 1991, a private club or its officers, managers, employees, or
5 agents may not allow a person to bring onto the private club premises any alcoholic beverage for
6 on-premise consumption, except cork-finished wine under Subsection (24)(m)(i).
7 (iii) Beginning January 1, 1991, if any private club licensee or any of its officers,
8 managers, employees, or agents violates this subsection:
9 (A) the commission may immediately suspend or revoke the private club's liquor license
10 and the private club licensee is subject to criminal prosecution under Chapter 12, Criminal
11 Offenses; and
12 (B) the local authority may immediately suspend or revoke the private club's local liquor
13 license, local consent under Subsection 32A-5-102(1)(c), or local business license.
14 (n) A wine service may be performed and a service charge assessed by the private club as
15 authorized by commission rule for wine purchased at the private club or carried in by a member,
16 guest, or visitor. If wine is carried in by a member, guest, or visitor, the member, guest, or visitor
17 shall deliver the wine to a server or other representative of the licensee upon entering the licensee
18 premises.
19 (o) A member, guest, or visitor to a club may not carry from a club premises an open
20 container used primarily for drinking purposes containing any alcoholic beverage.
21 (p) Each private club liquor licensee shall display in a prominent place:
22 (i) in the private club:
23 [(i)] (A) the private club liquor license that is issued by the department;
24 [(ii)] (B) a list of the types and brand names of liquor being served through its calibrated
25 metered dispensing system; and
26 [(iii)] (C) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
27 purchased in this establishment may be hazardous to your health and the safety of others."; and
28 (ii) for certain private clubs designated in Section 76-10-529, a sign prominently displayed
29 at each entrance to the premises that gives notice that it is unlawful for a person, including a person
30 licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act,
31 to carry a firearm or dangerous weapon on the premises.

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1 (q) The following acts or conduct in a private club licensed under this chapter are
2 considered contrary to the public welfare and morals, and are prohibited upon the premises:
3 (i) employing or using any person in the sale or service of alcoholic beverages while the
4 person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
5 breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks,
6 vulva, or genitals;
7 (ii) employing or using the services of any person to mingle with the patrons while the
8 person is unclothed or in attire, costume, or clothing described in Subsection (24)(q)(i);
9 (iii) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
10 anus, or genitals of any other person;
11 (iv) permitting any employee or person to wear or use any device or covering, exposed to
12 view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
13 (v) permitting any person to use artificial devices or inanimate objects to depict any of the
14 prohibited activities described in this subsection;
15 (vi) permitting any person to remain in or upon the premises who exposes to public view
16 any portion of his or her genitals or anus; or
17 (vii) showing films, still pictures, electronic reproductions, or other visual reproductions
18 depicting:
19 (A) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
20 copulation, flagellation, or any sexual acts prohibited by Utah law;
21 (B) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
22 genitals;
23 (C) scenes wherein artificial devices or inanimate objects are used to depict, or drawings
24 are used to portray, any of the prohibited activities described in this subsection; or
25 (D) scenes wherein a person displays the vulva or the anus or the genitals.
26 (r) Nothing in Subsection (24)(q) precludes a local authority from being more restrictive
27 of acts or conduct of the type prohibited in Subsection (24)(q).
28 (s) (i) Although live entertainment is permitted on the premises of a club liquor licensee,
29 a licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law,
30 including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or the
31 touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the

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1 pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated
2 area approved by the commission.
3 (ii) Nothing in Subsection (24)(s)(i) precludes a local authority from being more restrictive
4 of acts or conduct of the type prohibited in Subsection (24)(s)(i).
5 (25) A private club may not engage in or permit any form of gambling, as defined and
6 proscribed in Title 76, Chapter 10, Part 11, Gambling, on the premises of the private club.
7 (26) (a) A private club may not close or cease operation for a period longer than 240 hours,
8 unless written notice is given to the department at least seven days before the closing, and the
9 closure or cessation of operation is first approved by the department.
10 (b) In the case of emergency closure, immediate notice of closure shall be made to the
11 department by telephone.
12 (c) The department may authorize a closure or cessation of operation for a period not to
13 exceed 60 days. The department may extend the initial period an additional 30 days upon written
14 request of the private club and upon a showing of good cause. A closure or cessation of operation
15 may not exceed a total of 90 days without commission approval.
16 (d) Any notice shall include the dates of closure or cessation of operation, the reason for
17 the closure or cessation of operation, and the date on which the licensee will reopen or resume
18 operation.
19 (e) Failure of the licensee to provide notice and to obtain department authorization prior
20 to closure or cessation of operation shall result in an automatic forfeiture of the license and the
21 forfeiture of the unused portion of the license fee for the remainder of the license year effective
22 immediately.
23 (f) Failure of the licensee to reopen or resume operation by the approved date shall result
24 in an automatic forfeiture of the license and the forfeiture of the unused portion of the club's
25 license fee for the remainder of the license year.
26 (27) Each private club shall conduct its affairs so that it is not operated for a pecuniary
27 profit.
28 (28) A private club may not transfer a private club liquor license from one location to
29 another, without prior written approval of the commission.
30 (29) A person, having been granted a private club liquor license, may not sell, exchange,
31 barter, give, or attempt in any way to dispose of the license, whether for monetary gain or not. A

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1 private club liquor license has no monetary value for the purpose of any type of disposition.
2 Section 2. Section 32A-10-206 is amended to read:
3 32A-10-206. Operational restrictions.
4 Each person granted an on-premise beer retailer license and the employees and
5 management personnel of the on-premise beer retailer licensee shall comply with the following
6 conditions and requirements. Failure to comply may result in a suspension or revocation of the
7 license or other disciplinary action taken against individual employees or management personnel.
8 (1) On-premise beer retailer licensees may sell beer in open containers, in any size not
9 exceeding two liters, and on draft.
10 (2) Liquor may not be stored or sold on the premises of any on-premise beer retailer
11 licensee.
12 (3) A patron or guest may only make purchases in the on-premise beer retailer licensee
13 from a server designated and trained by the licensee.
14 (4) (a) Beer may not be sold or offered for sale at any on-premise beer retailer licensee
15 after 1 a.m. and before 10 a.m.
16 (b) Beer may not be sold, delivered, or furnished to any:
17 (i) minor;
18 (ii) person actually, apparently, or obviously drunk;
19 (iii) known habitual drunkard; or
20 (iv) known interdicted person.
21 (5) Beer sold in sealed containers by the on-premise beer retailer licensee may be removed
22 from the on-premise beer retailer premises.
23 (6) (a) Beginning January 1, 1991, a person may not bring onto the premises of an
24 on-premise beer retailer licensee any alcoholic beverage for on-premise consumption.
25 (b) Beginning January 1, 1991, an on-premise beer retailer licensee or its officers,
26 managers, employees, or agents may not allow a person to bring onto the on-premise beer retailer
27 licensee premises any alcoholic beverage for on-premise consumption or allow consumption of
28 any such alcoholic beverage on its premises.
29 (c) Beginning January 1, 1991, if any on-premise beer retailer licensee or any of its
30 officers, managers, employees, or agents violates Subsection (6):
31 (i) the commission may immediately suspend or revoke the on-premise beer retailer

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1 license and the on-premise beer retailer licensee is subject to possible criminal prosecution under
2 Chapter 12, Criminal Offenses; and
3 (ii) the local authority may immediately suspend or revoke the business license of the
4 on-premise beer retailer licensee.
5 (7) Minors may not be employed by or be on the premises of an on-premise beer retailer
6 licensee to sell or dispense beer. Minors may not be employed by or be on the premises of any
7 tavern.
8 (8) An employee of a licensee, while on duty, may not consume an alcoholic beverage or
9 be under the influence of alcoholic beverages.
10 (9) Each on-premise beer retailer licensee shall display in a prominent place in the
11 on-premise beer retailer licensee:
12 (a) the on-premise beer retailer license that is issued by the department; and
13 (b) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
14 purchased in this establishment may be hazardous to your health and the safety of others."
15 (10) The following acts or conduct in an on-premise beer retailer outlet licensed under this
16 part are considered contrary to the public welfare and morals, and are prohibited upon the
17 premises:
18 (a) employing or using any person in the sale or service of alcoholic beverages while the
19 person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
20 breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks,
21 vulva, or genitals;
22 (b) employing or using the services of any person to mingle with the patrons while the
23 person is unclothed or in attire, costume, or clothing as described in Subsection (10)(a);
24 (c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
25 anus, or genitals of any other person;
26 (d) permitting any employee or person to wear or use any device or covering, exposed to
27 view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
28 (e) permitting any person to use artificial devices or inanimate objects to depict any of the
29 prohibited activities described in this section;
30 (f) permitting any person to remain in or upon the premises who exposes to public view
31 any portion of his or her genitals or anus; or

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1 (g) showing films, still pictures, electronic reproductions, or other visual reproductions
2 depicting:
3 (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
4 copulation, flagellation, or any sexual acts that are prohibited by Utah law;
5 (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or
6 genitals;
7 (iii) scenes wherein artificial devices or inanimate objects are employed to depict, or
8 drawings are employed to portray, any of the prohibited activities described in this section; or
9 (iv) scenes wherein a person displays the vulva or the anus or the genitals.
10 (11) Nothing in Subsection (10) precludes a local authority from being more restrictive
11 of acts or conduct of the type prohibited in Subsection (10).
12 (12) An on-premise beer retailer licensee may not engage in or permit any form of
13 gambling as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling, on the premises
14 of the on-premise beer retailer licensee.
15 (13) (a) Although live entertainment is permitted on the premises of an on-premise beer
16 retailer licensee, a licensee may not permit any person to perform or simulate sexual acts
17 prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral
18 copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or
19 genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform
20 only upon a stage or at a designated area approved by the commission.
21 (b) Nothing in Subsection (13)(a) precludes a local authority from being more restrictive
22 of acts or conduct of the type prohibited in Subsection (13)(a).
23 (14) Each on-premise beer retailer licensee shall maintain accounting and other records
24 and documents as the department may require. Any on-premise beer retailer licensee or person
25 acting for the on-premise beer retailer licensee, who knowingly forges, falsifies, alters, cancels,
26 destroys, conceals, or removes the entries in any of the books of account or other documents of
27 the on-premise beer retailer licensee required to be made, maintained, or preserved by this title or
28 the rules of the commission for the purpose of deceiving the commission, council, or department,
29 or any of their officials or employees, is subject to the immediate suspension or revocation of the
30 on-premise beer retailer license and possible criminal prosecution under Chapter 12, Criminal
31 Offenses.

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1 (15) There shall be no transfer of an on-premise beer retailer license from one location to
2 another, without prior written approval of the commission.
3 (16) (a) A person having been granted an on-premise beer retailer license may not sell,
4 exchange, barter, give, or attempt in any way to dispose of the license whether for monetary gain
5 or not.
6 (b) An on-premise beer retailer license has no monetary value for the purpose of any type
7 of disposition.
8 (17) A tavern shall prominently display a sign at each entrance to the premises that gives
9 notice that it is unlawful for a person, including a person licensed to carry a concealed firearm
10 under Title 53, Chapter 5, Part 7, Concealed Weapon Act, to carry a firearm or dangerous weapon
11 on the premises.
12 Section 3. Section 53-5-710 is enacted to read:
13 53-5-710. Cross-references to concealed firearm permit restrictions.
14 A person with a permit to carry a concealed firearm may not carry a concealed firearm in
15 the following locations:
16 (1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and
17 notice of the prohibition posted; and
18 (2) in certain taverns and private clubs as provided in Section 76-10-529.
19 Section 4. Section 76-10-529 is enacted to read:
20 76-10-529. Possession of dangerous weapons, firearms, or explosives in taverns or
21 certain private clubs prohibited -- Penalty.
22 (1) For purposes of this section:
23 (a) "Dangerous weapon" is the same as defined in Section 76-10-501.
24 (b) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in
25 Section 76-10-306.
26 (c) "Firearm" is the same as defined in Section 76-10-501.
27 (d) "Private club" means a private club licensed pursuant to Section 32A-5-101 as a private
28 club, in which the revenue from food sales constitutes less that 30% of the total revenue from food
29 and alcoholic beverages, as defined in Section 32A-1-105, as reported on the last annual report to
30 or last audit conducted by the Alcoholic Beverage Control Commission.
31 (e) "Tavern" is the same as defined in Section 32A-1-105.

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1 (2) Any person, including a person licensed to carry a concealed firearm under Title 53,
2 Chapter 5, Part 7, Concealed Weapon Act, is guilty of a class B misdemeanor if the person
3 possesses any dangerous weapon, firearm, or explosive at a private club or tavern.
4 (3) This section applies to any person, except:
5 (a) an exempt person as provided in Section 76-10-523;
6 (b) the owner or operator of the tavern or private club; or
7 (c) an employee of the tavern or private club who is on the premises of the tavern or
8 private club pursuant to that person's employment, and has the permission of the owner or operator
9 of the tavern or private club to possess the dangerous weapon or firearm.
10 (4) It is not a defense to prosecution under this section that any sign prohibiting dangerous
11 weapons and firearms required by Sections 32A-5-107 and 32A-10-206 was not properly
12 displayed.
13 (5) This section does not prohibit prosecution of a more serious weapons offense that may
14 occur on or about the premises of a tavern or private club.




Legislative Review Note
as of 12-17-96 10:41 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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