H.B. 258 Enrolled

GAMBLING AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE OFFENSE OF
GAMBLING TO INCLUDE VIDEO GAMING DEVICES; AND AMENDING
OPERATIONAL RESTRICTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-4-106, as last amended by Chapter 40, Laws of Utah 1997
32A-4-206, as last amended by Chapter 95, Laws of Utah 1994
32A-5-107, as last amended by Chapter 95, Laws of Utah 1994
32A-7-106, as last amended by Chapters 7 and 10, Laws of Utah 1993
32A-10-206, as last amended by Chapter 95, Laws of Utah 1994
76-10-1101, as enacted by Chapter 196, Laws of Utah 1973
76-10-1102, as enacted by Chapter 196, Laws of Utah 1973
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-4-106 is amended to read:
32A-4-106. Operational restrictions.
Each person granted a restaurant liquor license and the employees and management
personnel of the restaurant shall comply with the following conditions and requirements. Failure
to comply may result in a suspension or revocation of the license or other disciplinary action taken
against individual employees or management personnel.
(1) (a) Liquor may not be purchased by a restaurant liquor licensee except from state stores
or package agencies.
(b) Liquor purchased may be transported by the licensee from the place of purchase to the
licensed premises.
(c) Payment for liquor shall be made in accordance with rules established by the
commission.

(2) A restaurant liquor licensee may not sell or provide any primary liquor except in one
ounce quantities dispensed through a calibrated metered dispensing system approved by the
department in accordance with commission rules adopted under this title, except that:
(a) liquor need not be dispensed through a calibrated metered dispensing system if used as
a secondary flavoring ingredient in a beverage subject to the following restrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of a
primary liquor;
(ii) the secondary ingredient is not the only liquor in the beverage;
(iii) the licensee shall designate a location where flavorings are stored on the floor plan
provided to the department; and
(iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
(b) liquor need not be dispensed through a calibrated metered dispensing system if used as
a flavoring on desserts and in the preparation of flaming food dishes, drinks, and desserts;
(c) wine may be served by the glass in quantities not exceeding five ounces per glass; and
(d) heavy beer may be served in original containers not exceeding one liter.
(3) (a) Restaurants licensed to sell liquor may sell beer in any size container not exceeding
two liters, and on draft for on-premise consumption without obtaining a separate on-premise beer
retailer license from the commission.
(b) Restaurants licensed under this chapter that sell beer pursuant to Subsection (3)(a) shall
comply with all appropriate operational restrictions under Chapter 10, Beer Retailer Licenses, that
apply to on-premise beer retailers except when those restrictions are inconsistent with or less
restrictive than the operational restrictions under this chapter.
(c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
Licenses, required by Subsection (3)(b) may result in a suspension or revocation of the restaurant's:
(i) state liquor license; and
(ii) alcoholic beverage license issued by the local authority.
(4) Wine may be served in accordance with commission rule in containers not exceeding 750
ml.

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(5) (a) Liquor may not be stored or sold in any place other than as designated in the
licensee's application, unless the licensee first applies for and receives approval from the department
for a change of location within the restaurant.
(b) A patron may only make alcoholic beverage purchases in the restaurant from a server
designated and trained by the licensee.
(c) Any alcoholic beverage may only be consumed at the patron's table.
(d) Liquor may not be stored where it is visible to patrons of the restaurant.
(6) (a) Alcoholic beverages may not be dispensed directly to a patron from the storage area.
(b) Alcoholic beverages shall be delivered by a server to the patron.
(7) The liquor storage area shall remain locked at all times other than those hours and days
when liquor sales are authorized by law.
(8) (a) Liquor may not be sold or offered for sale at a restaurant during the following days
or hours:
(i) on the day of any regular general election, regular primary election, or statewide special
election until after the polls are closed;
(ii) on the day of any municipal, special district, or school election, but only:
(A) within the boundaries of the municipality, special district, or school district; and
(B) if closure is required by local ordinance; and
(iii) on any other day after 12 midnight and before 12 noon.
(b) The hours of beer sales are those specified in Chapter 10, Beer Retailer Licenses, for
on-premise beer licensees.
(9) Alcoholic beverages may not be sold except in connection with an order for food
prepared, sold, and served at the restaurant.
(10) Alcoholic beverages may not be sold, delivered, or furnished to any:
(a) minor;
(b) person actually, apparently, or obviously drunk;
(c) known habitual drunkard; or
(d) known interdicted person.

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(11) (a) Liquor may not be sold except at prices fixed by the commission.
(b) Mixed drinks and wine may not be sold at discount prices on any date or at any time.
(12) Each restaurant patron may have only one alcoholic beverage at a time before the patron
on the patron's table.
(13) No more than one ounce of primary liquor may be served to a patron at a time, except:
(a) wine as provided in Subsection (2)(c); and
(b) heavy beer as provided in Subsection (2)(d).
(14) Alcoholic beverages may not be purchased by the licensee, or any employee or agent
of the licensee, for patrons of the restaurant.
(15) Alcoholic beverages purchased in a restaurant may not be served or consumed at any
location where they are stored or dispensed.
(16) (a) A wine service may be performed and a service charge assessed by the restaurant
as authorized by commission rule for wine purchased at the restaurant or carried in by a patron.
(b) If wine is carried in by a patron, the patron shall deliver the wine to a server or other
representative of the licensee upon entering the licensee premises.
(17) (a) A person may not bring onto the premises of a restaurant liquor licensee any
alcoholic beverage for on-premise consumption, except a person may bring, subject to the discretion
of the licensee, cork-finished wine onto the premises of any restaurant liquor licensee and consume
wine pursuant to Subsection (16).
(b) A restaurant, whether licensed under this title or unlicensed, or its officers, managers,
employees, or agents may not allow:
(i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
consumption; or
(ii) consumption of any such alcoholic beverage on its premises, except cork-finished wine
under Subsection (17)(a).
(c) If a restaurant licensee, or any of its officers, managers, employees, or agents violates this
Subsection (17):
(i) the commission may immediately suspend or revoke the restaurant's liquor license and

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the restaurant licensee is subject to possible criminal prosecution under Chapter 12; and
(ii) the local authority may immediately suspend or revoke the restaurant's:
(A) local liquor license;
(B) local consent under Subsection 32A-4-102(1)[(c)]; or
(C) local business license.
(18) Alcoholic beverages purchased from the restaurant may not be removed from the
restaurant premises.
(19) (a) Minors may not be employed by a restaurant licensee to sell or dispense alcoholic
beverages.
(b) Notwithstanding Subsection (19)(a), a minor may be employed to enter the sale at a cash
register or other sales recording device.
(20) An employee of a restaurant liquor licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be under the influence of alcoholic beverages.
(21) (a) Advertising or other reference to the sale of liquor and wine is not allowed on a food
menu except that a statement of availability of a liquor and wine menu on request, the content and
form of which is approved by the department, may be attached to or carried on a food menu. The
context of both food and liquor and wine menus may not in any manner attempt to promote or
increase the sale of alcoholic beverages.
(b) A server, employee, or agent of a licensee may not draw attention to the availability of
alcoholic beverages for sale, unless a patron or guest first inquires about it.
(c) Any set-up charge, service charge, chilling fee, or any other charge or fee made in
connection with the sale, service, or consumption of liquor may be stated in food or alcoholic
beverage menus.
(22) Each restaurant liquor licensee shall display in a prominent place in the restaurant:
(a) the liquor license that is issued by the department;
(b) a list of the types and brand names of liquor being served through its calibrated metered
dispensing system; and

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(c) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
purchased in this establishment may be hazardous to your health and the safety of others."
(23) The following acts or conduct in a restaurant licensed under this chapter are considered
contrary to the public welfare and morals, and are prohibited upon the premises:
(a) employing or using any person in the sale or service of alcoholic beverages while the
person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva,
or genitals;
(b) employing or using the services of any person to mingle with the patrons while the
person is unclothed or in attire, costume, or clothing described in Subsection (23)(a);
(c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
anus, or genitals of any other person;
(d) permitting any employee or person to wear or use any device or covering, exposed to
view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
(e) permitting any person to use artificial devices or inanimate objects to depict any of the
prohibited activities described in this subsection;
(f) permitting any person to remain in or upon the premises who exposes to public view any
portion of that person's genitals or anus; or
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
depicting:
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual acts prohibited by Utah law;
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or drawings
are used to portray, any of the prohibited activities described in this subsection; or
(iv) scenes wherein a person displays the vulva or the anus or the genitals.
(24) Nothing in Subsection (23) precludes a local authority from being more restrictive of
acts or conduct of the type prohibited in Subsection (23).

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(25) (a) Although live entertainment is permitted on the premises of a restaurant liquor
licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by Utah
law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the
touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the
pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated
area approved by the commission.
(b) Nothing in Subsection (25)(a) precludes a local authority from being more restrictive of
acts or conduct of the type prohibited in Subsection (25)(a).
(26) A restaurant liquor licensee may not engage in or permit any form of gambling, or have
any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11, Gambling, on
the premises of the restaurant liquor licensee.
(27) (a) Each restaurant liquor licensee shall maintain an expense ledger or record showing
in detail:
(i) quarterly expenditures made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) liquor;
(D) food; and
(E) all other items required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) food; and
(D) all other items required by the department.
(b) The record required by Subsection (27)(a) shall be kept:
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) Each expenditure shall be supported by:

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(i) delivery tickets;
(ii) invoices;
(iii) receipted bills;
(iv) canceled checks;
(v) petty cash vouchers; or
(vi) other sustaining data or memoranda.
(28) (a) Each restaurant liquor licensee shall maintain accounting and other records and
documents as the department may require.
(b) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies, alters,
cancels, destroys, conceals, or removes the entries in any of the books of account or other documents
of the restaurant required to be made, maintained, or preserved by this title or the rules of the
commission for the purpose of deceiving the commission, council, or department, or any of their
officials or employees, is subject to the immediate suspension or revocation of the restaurant's liquor
license and possible criminal prosecution under Chapter 12, Criminal Offenses.
(29) (a) A restaurant liquor licensee may not close or cease operation for a period longer than
240 hours, unless:
(i) the restaurant liquor license notifies the department in writing at least seven days before
the closing; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (29)(a), in the case of emergency closure, immediate notice
of closure shall be made to the department by telephone.
(c) The department may authorize a closure or cessation of operation for a period not to
exceed 60 days. The department may extend the initial period an additional 30 days upon written
request of the restaurant licensee and upon a showing of good cause. A closure or cessation of
operation may not exceed a total of 90 days without commission approval.
(d) Any notice shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and

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(iii) the date on which the licensee will reopen or resume operation.
(e) Failure of the licensee to provide notice and to obtain department authorization prior to
closure or cessation of operation shall result in an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year effective
immediately.
(f) Failure of the licensee to reopen or resume operation by the approved date shall result in
an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(30) Each restaurant liquor licensee shall maintain at least 70% of its total restaurant
business from the sale of food, which does not include mix for alcoholic beverages or service
charges.
(31) A person may not transfer a restaurant liquor license from one location to another,
without prior written approval of the commission.
(32) (a) A person, having been granted a restaurant liquor license may not sell, exchange,
barter, give, or attempt in any way to dispose of the license whether for monetary gain or not.
(b) A restaurant liquor license has no monetary value for the purpose of any type of
disposition.
(33) Each server of alcoholic beverages in a licensee's establishment shall keep a written
beverage tab for each table or group that orders or consumes alcoholic beverages on the premises.
The beverage tab shall list the type and amount of alcoholic beverages ordered or consumed.
(34) A person's willingness to serve alcoholic beverages may not be made a condition of
employment as a server with a restaurant that has a restaurant liquor license.
Section 2. Section 32A-4-206 is amended to read:
32A-4-206. Operational restrictions.
Each person granted an airport lounge liquor license and the employees and management
personnel of the airport lounge shall comply with the following conditions and requirements. Failure

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to comply may result in a suspension or revocation of the license or other disciplinary action taken
against individual employees or management personnel.
(1) Liquor may not be purchased by an airport lounge liquor licensee except from state stores
or package agencies. Liquor purchased may be transported by the licensee from the place of
purchase to the licensed premises. Payment for liquor shall be made in accordance with the rules
established by the commission.
(2) An airport lounge liquor licensee may not sell or provide any primary liquor except in
one ounce quantities dispensed through a calibrated metered dispensing system approved by the
department in accordance with commission rules adopted under this title, except that:
(a) liquor need not be dispensed through a calibrated metered dispensing system if used as
a secondary flavoring ingredient in a beverage subject to the following restrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of a
primary liquor;
(ii) the secondary ingredient is not the only liquor in the beverage;
(iii) the licensee shall designate a location where flavorings are stored on the floor plan
provided to the department; and
(iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
(b) wine may be served by the glass in quantities not exceeding five ounces per glass; and
(c) heavy beer may be served in original containers not exceeding one liter.
(3) (a) Airport lounges may sell beer in any size container not exceeding two liters, and on
draft without obtaining a separate on-premise beer retailer license from the commission.
(b) Airport lounges that sell beer pursuant to Subsection (3)(a) shall comply with all
appropriate operational restrictions under Chapter 10 that apply to on-premise beer retailers except
when those restrictions are inconsistent with or less restrictive than the operational restrictions under
this chapter that apply to airport lounges.
(c) Failure to comply with the operational restrictions under Chapter 10 as set forth in
Subsection (3)(b) may result in a suspension or revocation of the airport lounge's state liquor license
and its alcoholic beverage license issued by the local authority.

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(4) Wine may be served in accordance with commission rule in containers not exceeding 750
ml.
(5) (a) Liquor may not be stored or sold in any place other than as designated in the
licensee's application, unless the licensee first applies for and receives approval from the department
for a change of location within the airport lounge.
(b) A patron or guest may only make purchases in the airport lounge from a server
designated and trained by the licensee.
(c) Alcoholic beverages may not be stored where they are visible to persons outside the
airport lounge.
(6) The liquor storage area shall remain locked at all times other than those hours and days
when liquor sales are authorized by law.
(7) Alcoholic beverages may not be sold or offered for sale at an airport lounge during the
following days or hours:
(a) on the day of any regular general election, regular primary election, or statewide special
election until after the polls are closed; and
(b) on any other day after 12 midnight and before 8 a.m.
(8) Alcoholic beverages may not be sold, delivered, or furnished to any:
(a) minor;
(b) person actually, apparently, or obviously drunk;
(c) known habitual drunkard; or
(d) known interdicted person.
(9) Liquor may not be sold except at prices fixed by the commission. Mixed drinks and wine
may not be sold at discount prices on any day or at any time.
(10) An airport lounge patron or guest may have only one alcoholic beverage at a time
before him.
(11) No more than one ounce of primary liquor may be served to a patron or guest at a time,
except wine as provided in Subsection (2)(b) and heavy beer as provided in Subsection (2)(c).
(12) Alcoholic beverages may not be purchased by the licensee, or any employee or agent

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of the licensee, for patrons or guests of the airport lounge.
(13) (a) Beginning January 1, 1991, a person may not bring onto the premises of an airport
lounge licensee any alcoholic beverage for on-premise consumption.
(b) Beginning January 1, 1991, an airport lounge or its officers, managers, employees, or
agents may not allow a person to bring onto the airport lounge premises any alcoholic beverage for
on-premise consumption or allow consumption of any such alcoholic beverage on its premises.
(c) Beginning January 1, 1991, if any airport lounge liquor licensee or any of its officers,
managers, employees, or agents violates Subsection (13):
(i) the commission may immediately suspend or revoke the airport lounge's liquor license
and the airport lounge liquor licensee is subject to criminal prosecution under Chapter 12; and
(ii) the local authority may immediately suspend or revoke the airport lounge's local liquor
license, local consent under Subsection 32A-4-202(1)[(c)], or local business license.
(14) Alcoholic beverages purchased from the airport lounge may not be removed from the
airport lounge premises.
(15) Minors may not be employed by an airport lounge licensee to sell or dispense alcoholic
beverages.
(16) An employee of a licensee, while on duty, may not consume an alcoholic beverage or
be under the influence of alcoholic beverages.
(17) Each airport lounge liquor licensee shall display in a prominent place in the airport
lounge:
(a) the liquor license that is issued by the department;
(b) a list of the types and brand names of liquor being served through its calibrated metered
dispensing system; and
(c) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
purchased in this establishment may be hazardous to your health and the safety of others."
(18) (a) Each airport lounge liquor licensee shall maintain an expense ledger or record
showing in detail:
(i) quarterly expenditures made separately for malt or brewed beverages, liquor, and all other

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items required by the department; and
(ii) sales made separately for malt or brewed beverages, food, and all other items required
by the department.
(b) This record shall be kept in a form approved by the department and shall be kept current
for each three-month period. Each expenditure shall be supported by delivery tickets, invoices,
receipted bills, canceled checks, petty cash vouchers, or other sustaining data or memoranda.
(19) Each airport lounge liquor licensee shall maintain accounting and other records and
documents as the department may require. Any airport lounge or person acting for the airport
lounge, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the entries
in any of the books of account or other documents of the airport lounge required to be made,
maintained, or preserved by this title or the rules of the commission for the purpose of deceiving the
commission, council, or department, or any of their officials or employees, is subject to the
immediate suspension or revocation of the airport lounge's liquor license and possible criminal
prosecution under Chapter 12.
(20) There shall be no transfer of an airport lounge liquor license from one location to
another, without prior written approval of the commission.
(21) (a) A person, having been granted an airport lounge liquor license, may not sell,
exchange, barter, give, or attempt in any way to dispose of the license whether for monetary gain or
not.
(b) An airport lounge liquor license has no monetary value for the purpose of any type of
disposition.
(22) Each server of alcoholic beverages in a licensee's establishment shall keep a written
beverage tab for each table or group that orders or consumes alcoholic beverages on the premises.
The beverage tab shall list the type and amount of alcoholic beverages ordered or consumed.
(23) An airport lounge liquor licensee's premises may not be leased for private functions.
(24) An airport lounge liquor licensee may not engage in or permit any form of gambling,
or have any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11,
Gambling, on the premises of the airport lounge liquor licensee.

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Section 3. Section 32A-5-107 is amended to read:
32A-5-107. Operational restrictions.
Each corporation or association granted a private club liquor license and its employees,
officers, managing agent, and members shall comply with the following conditions and
requirements. Failure to comply may result in a suspension or revocation of the license or other
disciplinary action taken against individual employees or management personnel.
(1) Each private club shall hold regular meetings as required by its articles or bylaws and
conduct its business through regularly elected officers. Within ten days following the election of any
officer, the department shall be notified in writing of the officer's name, address, and office to which
the officer has been elected, and the term of that office.
(2) Each private club may admit members only on written application signed by the
applicant, following investigation and approval of the governing body. Admissions shall be
recorded in the official minutes of a regular meeting of the governing body and the application,
whether approved or disapproved, shall be filed as a part of the official records of the licensee. An
applicant may not be accorded the privileges of a member until a quorum of the governing body has
formally voted upon and approved the applicant as a member. An applicant may not be admitted
to membership until seven days after the application is submitted.
(3) Each private club shall maintain a current and complete membership record showing the
date of application of each proposed member, the member's address, the date of admission following
application, and the date initiation fees and dues were assessed and paid. The record shall also show
the serial number of the membership card issued to each member. A current record shall also be kept
indicating when members were dropped or resigned.
(4) Each private club shall establish in the club bylaws initial fees and monthly dues, as
established by commission rules, which are collected from all members.
(5) Each private club may allow guests or visitors to use the premises only when previously
authorized by a member. A member is responsible for all services extended to guests and visitors.
If the guest or visitor is a member of the same fraternal organization as the private club liquor
licensee, no previous authorization is required.

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(6) Each private club shall limit the issuance of visitor cards for a period not to exceed two
weeks and assess and collect a fee from each visitor of not less than $5 for each two-week period the
visitor card is issued. One dollar of every visitor card fee shall be remitted quarterly to the
department for the administration of this title. A current record of the issuance of each card shall be
maintained and shall contain the name of the member sponsoring the visitor.
(7) A private club may not sell alcoholic beverages to any person other than a member,
guest, or visitor who holds a valid visitor card issued under Subsection (6).
(8) A person who is under 21 years of age may not be a member, officer, director, or trustee
of a private club.
(9) An employee of a club, while on duty, may not consume an alcoholic beverage, be under
the influence of alcoholic beverages, sponsor a person for visitor privileges, or act as a host for a
guest.
(10) A visitor to a club may not host more than five guests at one time.
(11) Each private club shall maintain an expense ledger or record showing in detail all
expenditures separated by payments for malt or brewed beverages, liquor, food, detailed payroll,
entertainment, rent, utilities, supplies, and all other expenditures. This record shall be kept in a form
approved by the department and balanced each month. Each expenditure shall be supported by
delivery tickets, invoices, receipted bills, canceled checks, petty cash vouchers, or other sustaining
data or memoranda. All invoices and receipted bills for the current calendar or fiscal year
documenting purchases made by officers of the club for the benefit of the club shall also be
maintained.
(12) Each private club shall maintain a bank account that shows all income and expenditures
as a control on the income and disbursements records. This account shall be balanced each month
under the direction of the treasurer or other officer of the licensee.
(13) Each private club shall maintain a minute book that is posted currently by the secretary.
This record shall contain the minutes of all regular and special meetings of the governing body and
all committee meetings held to conduct club business. Membership lists shall also be maintained.
(14) Each private club shall maintain current copies of the club's articles of incorporation,

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current bylaws, and current house rules. Changes in the bylaws are not effective unless submitted
to the department within ten days after adoption, and become effective 15 days after received by the
department unless rejected by the department before the expiration of the 15-day period.
(15) Each private club shall maintain accounting and other records and documents as the
department may require.
(16) Any club or person acting for the club, who knowingly forges, falsifies, alters, cancels,
destroys, conceals, or removes the entries in any of the books of account or other documents of the
club required to be made, maintained, or preserved by this title or the rules of the commission for
the purpose of deceiving the commission, council, or department, or any of their officials or
employees, is subject to the immediate suspension or revocation of the club's license and possible
criminal prosecution under Chapter 12.
(17) Each private club shall maintain and keep all the records required by this section and
all other books, records, receipts, and disbursements maintained or utilized by the licensee, as the
department requires, for a minimum period of three years. All records, books, receipts, and
disbursements are subject to inspection by authorized representatives of the commission, department,
and council. The club shall allow the department, through its auditors or examiners, to audit all
records of the club at times the department considers advisable. The department shall audit the
records of the licensee at least once annually.
(18) Each private club shall make available to the department, upon request, verified copies
of any returns filed with the United States Treasury Department, Internal Revenue Service, under
the federal Internal Revenue Code. Failure to provide any returns and supporting documents upon
reasonable request by the department or, alternatively, to provide evidence of an extension granted
by the Internal Revenue Service, constitutes sufficient grounds for the commission to suspend or
revoke a license. Any return or copy of a return so filed with the department is confidential and may
not be used in any manner not directly connected with the enforcement of this title, nor may it be
disclosed to any person or any department or agency of government, whether federal, state, or local.
(19) Each private club shall own or lease premises suitable for its activities in its own name.
A copy of the lease shall be filed with the department.

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(20) Each private club shall operate the club under the supervision of a manager or house
committee, appointed by the governing body of the club.
(21) A private club may not maintain facilities in any manner that barricades or conceals the
club operation. Any member of the commission, authorized department personnel, member of the
council, or any peace officer shall, upon presentation of credentials, be admitted immediately to the
club and permitted without hindrance or delay to inspect completely the entire club premises and all
books and records of the licensee, at any time during which the same are open for the transaction of
business to its members.
(22) A private club may not pay any person or entity any fee, salary, rent, or other payment
of any kind in excess of the fair market value for the service rendered, goods furnished, or facilities
or equipment rented. It is the intention of this subsection to insure that no officer, managing agent,
employee, or other person derives a principal economic benefit from the operation of a club.
(23) A private club may not engage in any public solicitation or public advertising calculated
to increase its membership.
(24) Each private club shall comply with the following operational restrictions:
(a) The liquor storage and sales area shall remain locked at all times when it is not open for
business.
(b) Liquor may not be purchased by a private club liquor licensee except from state stores
or package agencies. Liquor so purchased may be transported by the licensee from the place of
purchase to the licensed premises. Payment for liquor shall be made in accordance with rules
established by the commission.
(c) Beginning July 1, 1991, a private club liquor licensee may not sell or provide any
primary liquor except in one ounce quantities dispensed through a calibrated metered dispensing
system approved by the department in accordance with commission rules adopted under this title,
except that:
(i) liquor need not be dispensed through a calibrated metered dispensing system if used as
a secondary flavoring ingredient in a beverage subject to the following restrictions:
(A) the beverage shall contain liquor from a lawfully purchased container;

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(B) the secondary ingredient is not the only liquor in the beverage;
(C) the licensee shall designate a location where flavorings are stored on the floor plan
provided to the department; and
(D) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
(ii) liquor need not be dispensed through a calibrated metered dispensing system if used as
a flavoring on desserts and in the preparation of flaming food dishes, drinks, and desserts;
(iii) wine may be served by the glass in quantities not exceeding five ounces per glass; and
(iv) heavy beer may be served in standard containers not exceeding one liter.
(d) (i) Private clubs licensed to sell liquor may sell beer in any size container not exceeding
two liters, and on draft without obtaining a separate on-premise beer retailer license from the
commission.
(ii) Private clubs licensed under this chapter that sell beer pursuant to Subsection (24)(d)(i)
shall comply with all appropriate operational restrictions under Title 32A, Chapter 10, Beer Retailer
Licenses, that apply to on-premise beer retailers except when those restrictions are inconsistent with
or less restrictive than the operational restrictions under this chapter.
(iii) Failure to comply with the operational restrictions under Title 32A, Chapter 10, as set
forth in Subsection (24)(d)(ii) may result in a suspension or revocation of the private club's state
liquor license and its alcoholic beverage license issued by the local authority.
(e) Wine may be served in accordance with commission rule in containers not exceeding 750
ml.
(f) A private club may not charge for the service or supply of glasses, ice, or mixers unless
the charges are fixed in the house rules of the club and a copy of the rules is kept on the club
premises and available at all times for examination by the members, guests, and visitors to the club.
(g) Minors may not be employed by any club to sell, dispense, or handle any alcoholic
beverage.
(h) An officer, director, managing agent, employee, and any other person employed by or
acting for or in behalf of any licensee, may not sell, deliver, or furnish, or cause or permit to be sold,
delivered, or furnished any liquor to any:

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(i) minor;
(ii) person actually, apparently, or obviously drunk;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(i) (i) Liquor may not be sold or offered for sale at any private club during the following
days or hours:
(A) on the day of any regular general election, regular primary election, or statewide special
election until after the polls are closed;
(B) on the day of any municipal, special district, or school election, but only within the
boundaries of the municipality, special district, or school district, and only if closure is required by
local ordinance; and
(C) on Sunday and any state or federal legal holiday after 12 midnight and before 12 noon.
(ii) The hours of beer sales are those specified in Chapter 10 for on-premise beer licensees.
(j) On all other days the liquor storage and sales area in the club shall be closed from 1 a.m.
until 10 a.m.
(k) Liquor may not be sold except at prices fixed by the commission. Mixed drinks and wine
may not be sold at discount prices on any date or at any time.
(l) Beginning July 1, 1991, no more than one ounce of primary liquor may be served to a
member, guest, or visitor at a time, except wine as provided in Subsection (24)(c)(iii) and heavy beer
as provided in Subsection (24)(c)(iv).
(m) (i) Beginning January 1, 1991, a person may not bring onto the premises of a private
club liquor licensee any alcoholic beverage for on-premise consumption, except a person may bring,
subject to the discretion of the licensee, cork-finished wine onto the premises of any private club
liquor licensee and consume wine pursuant to Subsection (24)(n).
(ii) Beginning January 1, 1991, a private club or its officers, managers, employees, or agents
may not allow a person to bring onto the private club premises any alcoholic beverage for
on-premise consumption, except cork-finished wine under Subsection (24)(m)(i).
(iii) Beginning January 1, 1991, if any private club licensee or any of its officers, managers,

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employees, or agents violates this subsection:
(A) the commission may immediately suspend or revoke the private club's liquor license and
the private club licensee is subject to criminal prosecution under Chapter 12; and
(B) the local authority may immediately suspend or revoke the private club's local liquor
license, local consent under Subsection 32A-5-102(1)[(c)], or local business license.
(n) A wine service may be performed and a service charge assessed by the private club as
authorized by commission rule for wine purchased at the private club or carried in by a member,
guest, or visitor. If wine is carried in by a member, guest, or visitor, the member, guest, or visitor
shall deliver the wine to a server or other representative of the licensee upon entering the licensee
premises.
(o) A member, guest, or visitor to a club may not carry from a club premises an open
container used primarily for drinking purposes containing any alcoholic beverage.
(p) Each private club liquor licensee shall display in a prominent place in the private club:
(i) the private club liquor license that is issued by the department;
(ii) a list of the types and brand names of liquor being served through its calibrated metered
dispensing system; and
(iii) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
purchased in this establishment may be hazardous to your health and the safety of others."
(q) The following acts or conduct in a private club licensed under this chapter are considered
contrary to the public welfare and morals, and are prohibited upon the premises:
(i) employing or using any person in the sale or service of alcoholic beverages while the
person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva,
or genitals;
(ii) employing or using the services of any person to mingle with the patrons while the
person is unclothed or in attire, costume, or clothing described in Subsection (24)(q)(i);
(iii) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
anus, or genitals of any other person;

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(iv) permitting any employee or person to wear or use any device or covering, exposed to
view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
(v) permitting any person to use artificial devices or inanimate objects to depict any of the
prohibited activities described in this subsection;
(vi) permitting any person to remain in or upon the premises who exposes to public view any
portion of his or her genitals or anus; or
(vii) showing films, still pictures, electronic reproductions, or other visual reproductions
depicting:
(A) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual acts prohibited by Utah law;
(B) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(C) scenes wherein artificial devices or inanimate objects are used to depict, or drawings are
used to portray, any of the prohibited activities described in this subsection; or
(D) scenes wherein a person displays the vulva or the anus or the genitals.
(r) Nothing in Subsection (24)(q) precludes a local authority from being more restrictive of
acts or conduct of the type prohibited in Subsection (24)(q).
(s) (i) Although live entertainment is permitted on the premises of a club liquor licensee, a
licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law,
including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or the
touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the
pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated
area approved by the commission.
(ii) Nothing in Subsection (24)(s)(i) precludes a local authority from being more restrictive
of acts or conduct of the type prohibited in Subsection (24)(s)(i).
(25) A private club may not engage in or permit any form of gambling, or have any video
gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling, on the
premises of the private club.
(26) (a) A private club may not close or cease operation for a period longer than 240 hours,

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unless written notice is given to the department at least seven days before the closing, and the closure
or cessation of operation is first approved by the department.
(b) In the case of emergency closure, immediate notice of closure shall be made to the
department by telephone.
(c) The department may authorize a closure or cessation of operation for a period not to
exceed 60 days. The department may extend the initial period an additional 30 days upon written
request of the private club and upon a showing of good cause. A closure or cessation of operation
may not exceed a total of 90 days without commission approval.
(d) Any notice shall include the dates of closure or cessation of operation, the reason for the
closure or cessation of operation, and the date on which the licensee will reopen or resume operation.
(e) Failure of the licensee to provide notice and to obtain department authorization prior to
closure or cessation of operation shall result in an automatic forfeiture of the license and the
forfeiture of the unused portion of the license fee for the remainder of the license year effective
immediately.
(f) Failure of the licensee to reopen or resume operation by the approved date shall result in
an automatic forfeiture of the license and the forfeiture of the unused portion of the club's license
fee for the remainder of the license year.
(27) Each private club shall conduct its affairs so that it is not operated for a pecuniary profit.
(28) A private club may not transfer a private club liquor license from one location to
another, without prior written approval of the commission.
(29) A person, having been granted a private club liquor license, may not sell, exchange,
barter, give, or attempt in any way to dispose of the license, whether for monetary gain or not. A
private club liquor license has no monetary value for the purpose of any type of disposition.
Section 4. Section 32A-7-106 is amended to read:
32A-7-106. Operational restrictions.
(1) Any organization granted a single event permit and any person involved in the storage,
sale, or service of liquor at the event for which the permit is issued, shall abide by this title, the rules
of the commission, and the special conditions and requirements provided in this section. Failure to

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do so may result in an immediate revocation of the permit, forfeiture of the surety bond, immediate
seizure of all liquor present at the event, and disqualifies the organization from applying for a single
event permit for a period of three years from the date of revocation of the permit. Any liquor seized
under this subsection shall be returned to the organization after the event if forfeiture proceedings
are not instituted under Section 32A-13-103.
(2) Special conditions and requirements for single event permittees include, but are not
limited to, the following:
(a) All persons involved in the storage, sale, or service of liquor at the event do so under the
supervision and direction of the permittee.
(b) All liquor stored, sold, served, and consumed at the event shall be purchased by the
permittee from a state store or package agency, and is considered under the control of the permittee
during the event. Attendees of the event may not bring any liquor other than that furnished by the
permittee onto the premises of the event.
(c) A permittee may not charge more than the maximum amount set forth in the permit for
any alcoholic beverage.
(d) Each permittee shall post in a prominent place in the area in which liquor is being sold,
served, and consumed, a copy of the permit, together with a list of the operational restrictions and
requirements of single event permittees set forth in this section.
(e) Liquor purchased for the event may not be stored in any place other than that described
in the application and designated on the permit.
(f) Liquor purchased for the event may not be sold or served in any place other than the site
described in the application and designated on the permit.
(g) Liquor purchased for the event may not be consumed in any area other than that
described in the application and designated on the permit.
(h) (i) A single event permittee may not provide any primary liquor except in one ounce
quantities, except that:
(A) additional liquor may be used in a beverage if used as a secondary flavoring ingredient,
but only in conjunction with the primary liquor and only if the secondary ingredient is not the only

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liquor in the beverage;
(B) wine may be served by the glass in quantities not exceeding five ounces per glass; and
(C) heavy beer may be served in original containers not exceeding one liter.
(ii) Liquor otherwise need not be dispensed through a calibrated metered dispensing system.
(i) Hours of sale, service, and consumption shall be in accordance with any local ordinance
restrictions.
(j) Liquor may not be sold, served, or otherwise furnished on the day of any regular general
election, regular primary election, or statewide special election until after the polls are closed.
(k) Liquor may not be sold, served, delivered, or furnished to any:
(i) minor;
(ii) person actually, apparently, or obviously drunk;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(l) Minors may not sell, serve, dispense, or handle any alcoholic beverage at the event.
(m) Public advertising of the event may not include reference to the availability of any
alcoholic beverage at the event. However, the permittee may use signs or similar displays at the site
of the event to inform attendees of the locations where alcoholic beverages are being dispensed.
(3) The following acts or conduct at an event for which a permit is issued under this chapter
are considered contrary to the public welfare and morals, and are prohibited upon the premises:
(a) employing or using any person in the sale or service of alcoholic beverages while the
person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva,
or genitals;
(b) employing or using the services of any person to mingle with the patrons while the
person is unclothed or in attire, costume, or clothing described in Subsection (a);
(c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
anus, or genitals of any other person;
(d) permitting any employee or person to wear or use any device or covering, exposed to

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view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
(e) permitting any person to use artificial devices or inanimate objects to depict any of the
prohibited activities described in this subsection;
(f) permitting any person to remain in or upon the premises who exposes to public view any
portion of his or her genitals or anus;
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
depicting:
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual acts prohibited by Utah law;
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or drawings
are used to portray, any of the prohibited activities described in this subsection; or
(iv) scenes wherein a person displays the vulva or the anus or the genitals.
(4) Nothing in Subsection (3) precludes a local authority from being more restrictive of acts
or conduct of the type prohibited in Subsection (3).
(5) (a) Although live entertainment is permitted at the event for which a permit has been
issued under this chapter, a permittee may not allow any person to perform or simulate sexual acts
prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals,
or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a
stage or at a designated area approved by the commission.
(b) Nothing in Subsection (a) precludes a local authority from being more restrictive of acts
or conduct of the type prohibited in Subsection (a).
(6) The permittee shall maintain an expense and revenue ledger or record showing:
(a) expenditures made for liquor, set-ups, and other ingredients and components of alcoholic
beverages; and
(b) the revenue from sale of alcoholic beverages.
(7) Single event permits are not transferable.

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(8) A single event permittee may not engage in or allow any form of gambling, or have any
video gaming device as defined and proscribed by Title 76, Chapter 10, Part 11, Gambling, on the
premises serviced by the single event permittee.
Section 5. Section 32A-10-206 is amended to read:
32A-10-206. Operational restrictions.
Each person granted an on-premise beer retailer license and the employees and management
personnel of the on-premise beer retailer licensee shall comply with the following conditions and
requirements. Failure to comply may result in a suspension or revocation of the license or other
disciplinary action taken against individual employees or management personnel.
(1) On-premise beer retailer licensees may sell beer in open containers, in any size not
exceeding two liters, and on draft.
(2) Liquor may not be stored or sold on the premises of any on-premise beer retailer
licensee.
(3) A patron or guest may only make purchases in the on-premise beer retailer licensee from
a server designated and trained by the licensee.
(4) (a) Beer may not be sold or offered for sale at any on-premise beer retailer licensee after
1 a.m. and before 10 a.m.
(b) Beer may not be sold, delivered, or furnished to any:
(i) minor;
(ii) person actually, apparently, or obviously drunk;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(5) Beer sold in sealed containers by the on-premise beer retailer licensee may be removed
from the on-premise beer retailer premises.
(6) (a) Beginning January 1, 1991, a person may not bring onto the premises of an
on-premise beer retailer licensee any alcoholic beverage for on-premise consumption.
(b) Beginning January 1, 1991, an on-premise beer retailer licensee or its officers, managers,
employees, or agents may not allow a person to bring onto the on-premise beer retailer licensee

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premises any alcoholic beverage for on-premise consumption or allow consumption of any such
alcoholic beverage on its premises.
(c) Beginning January 1, 1991, if any on-premise beer retailer licensee or any of its officers,
managers, employees, or agents violates Subsection (6):
(i) the commission may immediately suspend or revoke the on-premise beer retailer license
and the on-premise beer retailer licensee is subject to possible criminal prosecution under Chapter
12; and
(ii) the local authority may immediately suspend or revoke the business license of the
on-premise beer retailer licensee.
(7) Minors may not be employed by or be on the premises of an on-premise beer retailer
licensee to sell or dispense beer. Minors may not be employed by or be on the premises of any
tavern.
(8) An employee of a licensee, while on duty, may not consume an alcoholic beverage or
be under the influence of alcoholic beverages.
(9) Each on-premise beer retailer licensee shall display in a prominent place in the
on-premise beer retailer licensee:
(a) the on-premise beer retailer license that is issued by the department; and
(b) a sign in large letters stating: "Warning: The consumption of alcoholic beverages
purchased in this establishment may be hazardous to your health and the safety of others."
(10) The following acts or conduct in an on-premise beer retailer outlet licensed under this
part are considered contrary to the public welfare and morals, and are prohibited upon the premises:
(a) employing or using any person in the sale or service of alcoholic beverages while the
person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female
breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva,
or genitals;
(b) employing or using the services of any person to mingle with the patrons while the
person is unclothed or in attire, costume, or clothing as described in Subsection (10)(a);
(c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,

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anus, or genitals of any other person;
(d) permitting any employee or person to wear or use any device or covering, exposed to
view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
(e) permitting any person to use artificial devices or inanimate objects to depict any of the
prohibited activities described in this section;
(f) permitting any person to remain in or upon the premises who exposes to public view any
portion of his or her genitals or anus; or
(g) showing films, still pictures, electronic reproductions, or other visual reproductions
depicting:
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual acts that are prohibited by Utah law;
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(iii) scenes wherein artificial devices or inanimate objects are employed to depict, or
drawings are employed to portray, any of the prohibited activities described in this section; or
(iv) scenes wherein a person displays the vulva or the anus or the genitals.
(11) Nothing in Subsection (10) precludes a local authority from being more restrictive of
acts or conduct of the type prohibited in Subsection (10).
(12) An on-premise beer retailer licensee may not engage in or permit any form of gambling,
or have any video gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11,
Gambling, on the premises of the on-premise beer retailer licensee.
(13) (a) Although live entertainment is permitted on the premises of an on-premise beer
retailer licensee, a licensee may not permit any person to perform or simulate sexual acts prohibited
by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the
displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage
or at a designated area approved by the commission.
(b) Nothing in Subsection (13)(a) precludes a local authority from being more restrictive of
acts or conduct of the type prohibited in Subsection (13)(a).

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(14) Each on-premise beer retailer licensee shall maintain accounting and other records and
documents as the department may require. Any on-premise beer retailer licensee or person acting
for the on-premise beer retailer licensee, who knowingly forges, falsifies, alters, cancels, destroys,
conceals, or removes the entries in any of the books of account or other documents of the on-premise
beer retailer licensee required to be made, maintained, or preserved by this title or the rules of the
commission for the purpose of deceiving the commission, council, or department, or any of their
officials or employees, is subject to the immediate suspension or revocation of the on-premise beer
retailer license and possible criminal prosecution under Chapter 12.
(15) There shall be no transfer of an on-premise beer retailer license from one location to
another, without prior written approval of the commission.
(16) (a) A person having been granted an on-premise beer retailer license may not sell,
exchange, barter, give, or attempt in any way to dispose of the license whether for monetary gain or
not.
(b) An on-premise beer retailer license has no monetary value for the purpose of any type
of disposition.
Section 6. Section 76-10-1101 is amended to read:
76-10-1101. Definitions.
For the purpose of this part:
(1) "Gambling" means risking anything of value for a return or risking anything of value
upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome
is based upon an element of chance and is in accord with an agreement or understanding that
someone will receive something of value in the event of a certain outcome, and gambling includes
a lottery; gambling does not include:
(a) A lawful business transaction, or
(b) Playing an amusement device that confers only an immediate and unrecorded right of
replay not exchangeable for value.
[(3)] (2) "Gambling bet" means money, checks, credit, or any other representation of value.
[(4)] (3) "Gambling device or record" means anything specifically designed for use in

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gambling or used primarily for gambling.
[(5)] (4) "Gambling proceeds" means anything of value used in gambling.
[(2)] (5) "Lottery" means any scheme for the disposal or distribution of property by chance
among persons who have paid or promised to pay any valuable consideration for the chance of
obtaining property, or portion of it, or for any share or any interest in property, upon any agreement,
understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether
called a lottery, raffle, or gift enterprise, or by whatever name it may be known.
(6) "Video gaming device" means any device that possesses all of the following
characteristics:
(a) a video display and computer mechanism for playing a game;
(b) the length of play of any single game is not substantially affected by the skill,
knowledge, or dexterity of the player;
(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens,
games, or credits accumulated or remaining;
(d) a play option that permits a player to spend or risk varying amounts of money, tokens,
or credits during a single game, in which the spending or risking of a greater amount of money,
tokens, or credits:
(i) does not significantly extend the length of play time of any single game; and
(ii) provides for a chance of greater return of credits, games, or money; and
(e) an operating mechanism that requires inserting money, tokens, or other valuable
consideration in order to function.
Section 7. Section 76-10-1102 is amended to read:
76-10-1102. Gambling.
(1) A person is guilty of gambling if he:
(a) participates in gambling[, or];
(b) knowingly permits any gambling to be played, conducted, or dealt upon or in any real
or personal property owned, rented, or under the control of the actor, whether in whole or in part[.];
or

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(c) knowingly allows the use of any video gaming device that is:
(i) in any business establishment or public place; and
(ii) accessible for use by any person within the establishment or public place.
(2) Gambling is a class B misdemeanor, provided, however, that any person who is twice
convicted under this section shall be guilty of a class A misdemeanor.

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