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S.B. 205 Enrolled
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8 LONG TITLE
9 General Description:
10 This bill modifies the Alcoholic Beverage Control Act.
11 Highlighted Provisions:
12 This bill:
13 . provides for severability;
14 . modifies and adds definitions;
15 . addresses terms of commissioners;
16 . addresses appointment and removal of the director;
17 . addresses purchases of alcoholic beverages by the department;
18 . addresses disciplinary proceedings and judicial review of those proceedings;
19 . adjusts markups by the department and diverts a portion of certain gross sales
20 revenues to the school lunch program;
21 . repeals the wine and liquor tax;
22 . addresses standards for attire, conduct, and entertainment on premises of licensees
23 and permittees;
24 . addresses minors including:
25 . addressing hiring minors;
26 . addressing admitting minors onto premises; and
27 . addressing unlawful acts by minors;
28 . addresses certain licensees and permittees including on-premise banquet licenses,
29 on-premise beer retailer, and those holding a permit for industrial or manufacturing
30 use;
31 . addresses alcohol-related compliance check investigations;
32 . provides for suspension of driving privileges;
33 . addresses advertising;
34 . removes redundant or out-of-date language; and
35 . makes technical and conforming amendments.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill has multiple effective dates.
40 Utah Code Sections Affected:
41 AMENDS:
42 32A-1-102, as last amended by Chapter 314, Laws of Utah 2003
43 32A-1-105, as last amended by Chapter 342, Laws of Utah 2006
44 32A-1-106, as last amended by Chapter 14, Laws of Utah 2006
45 32A-1-108, as last amended by Chapter 268, Laws of Utah 2004
46 32A-1-116, as last amended by Chapter 314, Laws of Utah 2003
47 32A-1-119, as last amended by Chapters 14 and 162, Laws of Utah 2006
48 32A-1-120, as renumbered and amended by Chapter 23, Laws of Utah 1990
49 32A-1-122, as last amended by Chapter 314, Laws of Utah 2003
50 32A-1-401, as last amended by Chapter 342, Laws of Utah 2006
51 32A-4-102, as last amended by Chapter 314, Laws of Utah 2003
52 32A-4-106, as last amended by Chapter 268, Laws of Utah 2004
53 32A-4-206, as last amended by Chapter 268, Laws of Utah 2004
54 32A-4-303, as last amended by Chapter 268, Laws of Utah 2004
55 32A-4-307, as last amended by Chapter 268, Laws of Utah 2004
56 32A-4-401, as last amended by Chapter 152, Laws of Utah 2005
57 32A-4-402, as last amended by Chapter 152, Laws of Utah 2005
58 32A-4-406, as last amended by Chapter 152, Laws of Utah 2005
59 32A-5-102, as last amended by Chapter 268, Laws of Utah 2004
60 32A-5-107, as last amended by Chapter 268, Laws of Utah 2004
61 32A-6-301, as last amended by Chapter 314, Laws of Utah 2003
62 32A-6-302, as renumbered and amended by Chapter 23, Laws of Utah 1990
63 32A-7-106, as last amended by Chapter 268, Laws of Utah 2004
64 32A-8-102, as last amended by Chapter 314, Laws of Utah 2003
65 32A-8-106, as last amended by Chapter 314, Laws of Utah 2003
66 32A-8-505, as last amended by Chapter 268, Laws of Utah 2004
67 32A-10-101, as last amended by Chapter 342, Laws of Utah 2006
68 32A-10-102, as last amended by Chapter 314, Laws of Utah 2003
69 32A-10-103, as enacted by Chapter 342, Laws of Utah 2006
70 32A-10-202, as last amended by Chapter 268, Laws of Utah 2004
71 32A-10-206, as last amended by Chapter 268, Laws of Utah 2004
72 32A-10-306, as last amended by Chapter 268, Laws of Utah 2004
73 32A-12-209, as last amended by Chapter 218, Laws of Utah 2004
74 32A-12-213, as last amended by Chapter 268, Laws of Utah 2004
75 32A-12-401, as last amended by Chapter 314, Laws of Utah 2003
76 32A-14a-102, as renumbered and amended by Chapter 197, Laws of Utah 2000
77 53-3-219, as last amended by Chapter 161, Laws of Utah 2004
78 62A-15-401, as last amended by Chapter 342, Laws of Utah 2006
79 76-9-701, as last amended by Chapter 365, Laws of Utah 1997
80 78-3a-506, as repealed and reenacted by Chapter 365, Laws of Utah 1997
81 ENACTS:
82 32A-1-601, Utah Code Annotated 1953
83 32A-1-602, Utah Code Annotated 1953
84 32A-1-603, Utah Code Annotated 1953
85 32A-1-604, Utah Code Annotated 1953
86 32A-12-209.5, Utah Code Annotated 1953
87 REPEALS:
88 59-16-101, as last amended by Chapter 2, Laws of Utah 1988
89 59-16-102, as last amended by Chapter 299, Laws of Utah 1998
90
91 Be it enacted by the Legislature of the state of Utah:
92 Section 1. Section 32A-1-102 is amended to read:
93 32A-1-102. Application of title -- Severability.
94 (1) This title governs alcoholic beverage control in this state except where [
95
96 (2) Nothing in this title precludes a local [
97 sale, storage, service, or consumption of alcoholic beverages if that regulation does not conflict
98 with [
99 (3) If any provision of this title or the application of any provision to any person or
100 circumstance is held invalid, the remainder of this title shall be given effect without the invalid
101 provision or application. The provisions of this title are severable.
102 Section 2. Section 32A-1-105 is amended to read:
103 32A-1-105. Definitions.
104 As used in this title:
105 (1) "Airport lounge" means a place of business licensed to sell alcoholic beverages, at
106 retail, for consumption on its premises located at an international airport with a United States
107 Customs office on the premises of the international airport.
108 (2) "Alcoholic beverages" means "beer" and "liquor" as the terms are defined in this
109 section.
110 (3) (a) "Alcoholic products" means all products that:
111 (i) contain:
112 (A) at least 63/100 of 1% of alcohol by volume; or
113 (B) at least 1/2 of 1% by weight; and
114 (ii) are obtained by fermentation, infusion, decoction, brewing, distillation, or any other
115 process that uses any liquid or combinations of liquids, whether drinkable or not, to create
116 alcohol in an amount greater than the amount prescribed in Subsection (3)(a)(i).
117 (b) "Alcoholic products" does not include any of the following common items that
118 otherwise come within the definition of alcoholic products:
119 (i) extracts;
120 (ii) vinegars;
121 (iii) ciders;
122 (iv) essences;
123 (v) tinctures;
124 (vi) food preparations; or
125 (vii) over-the-counter drugs and medicines.
126 (4) "Bar" means a counter or similar structure:
127 (a) at which alcoholic beverages are:
128 (i) stored; or
129 (ii) dispensed; or
130 (b) from which alcoholic beverages are served.
131 (5) (a) "Beer" means any product that:
132 (i) contains 63/100 of 1% of alcohol by volume or 1/2 of 1% of alcohol by weight, but
133 not more than 4% of alcohol by volume or 3.2% by weight; and
134 (ii) is obtained by fermentation, infusion, or decoction of any malted grain.
135 (b) Beer may or may not contain hops or other vegetable products.
136 (c) Beer includes a product that:
137 (i) contains alcohol in the percentages described in Subsection (5)(a); and
138 (ii) is referred to as:
139 (A) malt liquor;
140 (B) malted beverages; or
141 (C) malt coolers.
142 (6) (a) "Beer retailer" means [
143 (i) engaged, primarily or incidentally, in the retail sale of beer to [
144 whether for consumption on or off the [
145 (ii) licensed to sell beer by:
146 (A) the commission;
147 (B) a local authority; or
148 (C) both the commission and a local authority.
149 (b) (i) "Off-premise beer retailer" means a [
150 is engaged in the retail sale of beer to [
151 premises.
152 (ii) "Off-premise beer retailer" does not include an on-premise beer retailer.
153 (c) [
154
155 on the beer retailer's premises, regardless of whether the business sells beer for consumption
156 off the beer retailer's premises.
157 [
158 (7) "Billboard" means any public display used to advertise including:
159 (a) a light device;
160 (b) a painting;
161 (c) a drawing;
162 (d) a poster;
163 (e) a sign;
164 (f) a signboard; or
165 (g) a scoreboard.
166 (8) "Brewer" means any person engaged in manufacturing beer.
167 (9) "Cash bar" means the service of alcoholic beverages:
168 (a) at:
169 (i) a banquet; or
170 (ii) a temporary event for which a permit is issued under this title; and
171 (b) if an attendee at the banquet or temporary event is charged for the alcoholic
172 beverage.
173 (10) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
174 a bus company to a group of persons pursuant to a common purpose:
175 (a) under a single contract;
176 (b) at a fixed charge in accordance with the bus company's tariff; and
177 (c) for the purpose of giving the group of persons the exclusive use of the bus and a
178 driver to travel together to a specified destination or destinations.
179 (11) "Church" means a building:
180 (a) set apart for the purpose of worship;
181 (b) in which religious services are held;
182 (c) with which clergy is associated; and
183 (d) which is tax exempt under the laws of this state.
184 (12) "Club" and "private club" means any of the following organized primarily for the
185 benefit of its members:
186 (a) a social club;
187 (b) a recreational association;
188 (c) a fraternal association;
189 (d) an athletic association; or
190 (e) a kindred association.
191 (13) "Commission" means the Alcoholic Beverage Control Commission.
192 (14) "Department" means the Department of Alcoholic Beverage Control.
193 (15) "Distressed merchandise" means any alcoholic beverage in the possession of the
194 department that is saleable, but for some reason is unappealing to the public.
195 [
196
197 [
198 club who enjoys only those privileges derived from the host for the duration of the visit to the
199 club.
200 [
201 (i) contains more than 4% alcohol by volume; and
202 (ii) is obtained by fermentation, infusion, or decoction of any malted grain.
203 (b) "Heavy beer" is considered "liquor" for the purposes of this title.
204 [
205 (a) without charge; and
206 (b) at a:
207 (i) banquet; or
208 (ii) privately hosted event.
209 [
210 Chapter 3, Part 8, Identification Card Act.
211 [
212 an alcoholic beverage is prohibited by:
213 (a) law; or
214 (b) court order.
215 [
216 76-9-701 a person is under the influence of:
217 (a) an alcoholic beverage;
218 (b) a controlled substance;
219 (c) a substance having the property of releasing toxic vapors; or
220 (d) a combination of Subsections [
221 [
222 manufacture, store, or allow consumption of alcoholic beverages on premises owned or
223 controlled by the person.
224 [
225 authority, other than a bus or taxicab:
226 (a) in which the driver and passengers are separated by a partition, glass, or other
227 barrier; and
228 (b) that is provided by a company to an individual or individuals at a fixed charge in
229 accordance with the company's tariff for the purpose of giving the individual or individuals the
230 exclusive use of the limousine and a driver to travel to a specified destination or destinations.
231 [
232 malt, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or
233 fermented, and all other drinks, or drinkable liquids that contain more than 1/2 of 1% of
234 alcohol by volume and is suitable to use for beverage purposes.
235 (b) "Liquor" does not include any beverage defined as a beer, malt liquor, or malted
236 beverage that has an alcohol content of less than 4% alcohol by volume.
237 [
238 (a) the governing body of the county if the premises are located in an unincorporated
239 area of a county; or
240 (b) the governing body of the city or town if the premises are located in an incorporated
241 city or a town.
242 [
243 ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to
244 others.
245 [
246 privileges of a club under this title.
247 [
248 center, or homeport facility for any ship:
249 (i) (A) under the control of the United States Department of Defense; or
250 (B) of the National Guard;
251 (ii) that is located within the state; and
252 (iii) including any leased facility.
253 (b) "Military installation" does not include any facility used primarily for:
254 (i) civil works;
255 (ii) rivers and harbors projects; or
256 (iii) flood control projects.
257 [
258 (30) "Nude," "nudity," or "state of nudity" means:
259 (a) the appearance of:
260 (i) the nipple or areola of a female human breast;
261 (ii) a human genital;
262 (iii) a human pubic area; or
263 (iv) a human anus; or
264 (b) a state of dress that fails to opaquely cover:
265 (i) the nipple or areola of a female human breast;
266 (ii) a human genital;
267 (iii) a human pubic area; or
268 (iv) a human anus.
269 (31) "Outlet" means a location other than a state store or package agency where
270 alcoholic beverages are sold pursuant to a license issued by the commission.
271 (32) "Package" means any of the following containing liquor:
272 (a) a container;
273 (b) a bottle;
274 (c) a vessel; or
275 (d) other receptacle.
276 (33) "Package agency" means a retail liquor location operated under a contractual
277 agreement with the department, by a person other than the state, who is authorized by the
278 commission to sell package liquor for consumption off the premises of the agency.
279 (34) "Package agent" means any person permitted by the commission to operate a
280 package agency pursuant to a contractual agreement with the department to sell liquor from
281 premises that the package agent shall provide and maintain.
282 (35) "Permittee" means any person issued a permit by the commission to perform acts
283 or exercise privileges as specifically granted in the permit.
284 (36) "Person" means any individual, partnership, firm, corporation, limited liability
285 company, association, business trust, or other form of business enterprise, including a receiver
286 or trustee, and the plural as well as the singular number, unless the intent to give a more limited
287 meaning is disclosed by the context.
288 (37) "Premises" means any building, enclosure, room, or equipment used in connection
289 with the sale, storage, service, manufacture, distribution, or consumption of alcoholic products,
290 unless otherwise defined in this title or in the rules adopted by the commission.
291 (38) "Prescription" means a writing in legal form, signed by a physician or dentist and
292 given to a patient for obtaining an alcoholic beverage for medicinal purposes only.
293 (39) (a) "Privately hosted event" or "private social function" means a specific social,
294 business, or recreational event for which an entire room, area, or hall has been leased or rented,
295 in advance by an identified group, and the event or function is limited in attendance to people
296 who have been specifically designated and their guests.
297 (b) "Privately hosted event" and "private social function" does not include events or
298 functions to which the general public is invited, whether for an admission fee or not.
299 (40) "Proof of age" means:
300 (a) an identification card;
301 (b) an identification that:
302 (i) is substantially similar to an identification card;
303 (ii) is issued in accordance with the laws of a state other than Utah in which the
304 identification is issued;
305 (iii) includes date of birth; and
306 (iv) has a picture affixed;
307 (c) a valid driver license certificate that:
308 (i) includes date of birth;
309 (ii) has a picture affixed; and
310 (iii) is issued:
311 (A) under Title 53, Chapter 3, Uniform Driver License Act; or
312 (B) in accordance with the laws of the state in which it is issued;
313 (d) a military identification card that:
314 (i) includes date of birth; and
315 (ii) has a picture affixed; or
316 (e) a valid passport.
317 (41) (a) "Public building" means any building or permanent structure owned or leased
318 by the state, a county, or local government entity that is used for:
319 (i) public education;
320 (ii) transacting public business; or
321 (iii) regularly conducting government activities.
322 (b) "Public building" does not mean or refer to any building owned by the state or a
323 county or local government entity when the building is used by anyone, in whole or in part, for
324 proprietary functions.
325 (42) "Representative" means an individual who is compensated by salary, commission,
326 or any other means for representing and selling the alcoholic beverage products of a
327 manufacturer, supplier, or importer of liquor, wine, or heavy beer.
328 (43) "Residence" means the person's principal place of abode within Utah.
329 (44) "Restaurant" means any business establishment:
330 (a) where a variety of foods is prepared and complete meals are served to the general
331 public;
332 (b) located on a premises having adequate culinary fixtures for food preparation and
333 dining accommodations; and
334 (c) that is engaged primarily in serving meals to the general public.
335 (45) "Retailer" means any person engaged in the sale or distribution of alcoholic
336 beverages to the consumer.
337 (46) (a) "Sample" includes:
338 (i) a department sample; and
339 (ii) an industry representative sample.
340 (b) "Department sample" means liquor, wine, and heavy beer that has been placed in
341 the possession of the department for testing, analysis, and sampling.
342 (c) "Industry representative sample" means liquor, wine, and heavy beer that has been
343 placed in the possession of the department for testing, analysis, and sampling by local industry
344 representatives on the premises of the department to educate the local industry representatives
345 of the quality and characteristics of the product.
346 (47) (a) "School" means any building used primarily for the general education of
347 minors.
348 (b) "School" does not include:
349 (i) a nursery school;
350 (ii) an infant day care center; or
351 (iii) a trade or technical school.
352 (48) "Sell," "sale," and "to sell" means any transaction, exchange, or barter whereby,
353 for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited,
354 ordered, delivered for value, or by any means or under any pretext is promised or obtained,
355 whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless
356 otherwise defined in this title or the rules made by the commission.
357 (49) "Seminude," "seminudity," or "state of seminudity" means a state of dress in
358 which opaque clothing covers no more than:
359 (a) the nipple and areola of the female human breast in a shape and color other than the
360 natural shape and color of the nipple and areola; and
361 (b) the human genitals, pubic area, and anus:
362 (i) with no less than the following at its widest point:
363 (A) four inches coverage width in the front of the human body; and
364 (B) five inches coverage width in the back of the human body; and
365 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
366 (50) "Sexually oriented entertainer" means a person who while in a state of seminudity
367 appears at or performs:
368 (a) for the entertainment of one or more patrons;
369 (b) on the premises of:
370 (i) a class D private club as defined in Subsection 32A-5-101 (3); or
371 (ii) a tavern;
372 (c) on behalf of or at the request of the licensee described in Subsection (50)(b);
373 (d) on a contractual or voluntary basis; and
374 (e) whether or not the person is designated:
375 (i) an employee of the licensee described in Subsection (50)(b);
376 (ii) an independent contractor of the licensee described in Subsection (50)(b);
377 (iii) an agent of the licensee described in Subsection (50)(b); or
378 (iv) otherwise of the licensee described in Subsection (50)(b).
379 [
380 of beer and heavy beer per year.
381 [
382 (b) "Spirituous liquor" includes an alcohol product defined as a "distilled spirit" by 27
383 U.S.C. 211 and 27 C.F.R. Sections 5.11 through 5.23.
384 [
385 affixed to all liquor containers sold in the state.
386 (b) "State label" includes the department identification mark and inventory control
387 number.
388 [
389 (i) located on premises owned or leased by the state; and
390 (ii) operated by state employees.
391 (b) "State store" does not apply to any:
392 (i) licensee;
393 (ii) permittee; or
394 (iii) package agency.
395 [
396 [
397 (i) engaged primarily in the retail sale of beer to public patrons for consumption on the
398 establishment's premises; and
399 (ii) licensed to sell beer under Chapter 10, Part 2, On-Premise Beer Retailer Licenses.
400 (b) "Tavern" includes the following if the revenue from the sale of beer exceeds the
401 revenue of the sale of food, although food need not be sold in the establishment:
402 (i) a beer bar;
403 (ii) a parlor;
404 (iii) a lounge;
405 (iv) a cabaret; or
406 (v) a nightclub.
407 [
408 person who does not have a present intention to continue residency within Utah permanently or
409 indefinitely.
410 [
411 (a) is unsaleable because the merchandise is:
412 (i) unlabeled;
413 (ii) leaky;
414 (iii) damaged;
415 (iv) difficult to open; or
416 (v) partly filled;
417 (b) is in a container:
418 (i) having faded labels or defective caps or corks;
419 (ii) in which the contents are:
420 (A) cloudy;
421 (B) spoiled; or
422 (C) chemically determined to be impure; or
423 (iii) that contains:
424 (A) sediment; or
425 (B) any foreign substance; or
426 (c) is otherwise considered by the department as unfit for sale.
427 [
428 holds limited privileges in a private club by virtue of a visitor card.
429 [
430 engaged in the importation for sale, storage, or distribution of liquor regardless of amount.
431 [
432 the sale of beer in wholesale or jobbing quantities to retailers, other than a small brewer selling
433 beer manufactured by that brewer.
434 [
435 the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether
436 or not other ingredients are added.
437 (b) "Wine" is considered "liquor" for purposes of this title, except as otherwise
438 provided in this title.
439 Section 3. Section 32A-1-106 is amended to read:
440 32A-1-106. Alcoholic Beverage Control Commission -- Membership -- Oaths and
441 bond -- Per diem -- Offices -- Removal -- Meetings.
442 (1) The Alcoholic Beverage Control Commission shall act as a governing board over
443 the Department of Alcoholic Beverage Control.
444 (2) (a) The commission is composed of five part-time commissioners appointed by the
445 governor with the consent of the Senate.
446 (b) No more than three commissioners may be of the same political party.
447 (3) (a) Except as required by Subsection (3)(b), as terms of current [
448
449 or reappointed [
450 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
451 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
452 [
453
454 (4) When a vacancy occurs in the [
455 replacement shall be appointed for the unexpired term with the consent of the Senate.
456 (5) Each commissioner shall qualify by taking the oath of office and by giving bond to
457 the state for faithful performance of duties in an amount determined by the Division of
458 Finance, and in a form approved by the attorney general. The bond premium shall be paid by
459 the state.
460 (6) (a) [
461 benefits for [
462 incurred in the performance of the [
463 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
464 (b) [
465 [
466 (7) (a) The commission shall elect one of its members to serve as chair, another to
467 serve as vice chair, and other commission officers as it considers advisable, all of whom shall
468 serve at the pleasure of the commission.
469 (b) All [
470 commission matters when in attendance at a commission meeting.
471 (c) Three [
472 commission business.
473 (d) A majority vote of the quorum present is required for any action to be taken by the
474 commission.
475 (8) (a) (i) The governor may remove any commissioner from office for cause after a
476 public hearing conducted by the governor or by an impartial hearing examiner appointed by the
477 governor to conduct the hearing.
478 (ii) The commissioner shall receive written notice of the date, time, and place of the
479 hearing along with the alleged grounds for the removal at least ten days before the hearing.
480 The commissioner shall have the opportunity to attend the hearing, present witnesses and other
481 evidence, and confront and cross examine witnesses.
482 (b) Following the hearing, written findings of fact and conclusions of law shall be
483 prepared by the person conducting the hearing and a copy served upon the commissioner. If
484 the hearing is before a hearing examiner, the hearing examiner shall also issue a written
485 recommendation to the governor.
486 (c) The commissioner shall have five days to file written objections to the
487 recommendation before the governor issues a final order. The governor's order shall be in
488 writing and served upon the commissioner.
489 (9) (a) The commission shall meet at least monthly, but may hold other meetings at
490 times and places as scheduled by the commission, by the chair, or by any three commissioners
491 upon filing a written request for a meeting with the chair.
492 (b) Notice of the time and place of each commission meeting shall be given to each
493 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
494 Meetings Act. All commission meetings shall be open to the public, except those meetings or
495 portions of meetings that are closed by the commission as authorized by Sections 52-4-204 and
496 52-4-205 .
497 Section 4. Section 32A-1-108 is amended to read:
498 32A-1-108. Director of alcoholic beverage control.
499 (1) (a) The commission by a vote of four of the five commissioners, with the approval
500 of the governor, shall appoint a director of alcoholic beverage control who is the administrative
501 head of the department.
502 (b) The director serves at the pleasure of the commission, except that the director may
503 only be removed from office by a vote of four commissioners.
504 [
505 [
506 (i) be qualified in administration [
507 (ii) be knowledgeable by experience and training in the field of business management;
508 and [
509 (iii) possess any other qualifications prescribed by the commission.
510 [
511 [
512 [
513
514 [
515
516 [
517 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
518 [
519 (a) carry out the policies of the commission and those of the department;
520 (b) keep the commission fully informed of all operations and administrative activities
521 of the department; and
522 (c) assist the commission in the proper discharge of its duties and responsibilities.
523 [
524
525 [
526 [
527 [
528 [
529 [
530 [
531 [
532 [
533
534 Section 5. Section 32A-1-116 is amended to read:
535 32A-1-116. Purchase of liquor.
536 (1) The department may not purchase or stock [
537 in containers smaller than 200 [
538 (2) (a) Each order by the department for the purchase of spirituous liquor, wine, or
539 heavy beer, or any cancellation by the department of an order for spirituous liquor, wine, or
540 heavy beer:
541 (i) shall be executed in writing by the department; and
542 (ii) is not valid or binding unless executed in writing.
543 (b) A copy of each order or cancellation shall be kept on file by the department for at
544 least three years.
545 (c) An electronic record satisfies Subsections (2)(a) and (b) pursuant to Title 46,
546 Chapter 4, Uniform Electronic Transactions Act.
547 Section 6. Section 32A-1-119 is amended to read:
548 32A-1-119. Disciplinary proceedings -- Procedure.
549 (1) (a) As used in this section and Section 32A-1-120 , "disciplinary proceeding" means
550 an adjudicative proceeding permitted under this title:
551 (i) against:
552 (A) a permittee;
553 (B) a licensee;
554 (C) a manufacturer;
555 (D) a supplier;
556 (E) an importer;
557 (F) an out-of-state brewer holding a certificate of approval under Section 32A-8-101 ;
558 or
559 (G) an officer, employee, or agent of:
560 (I) a person listed in Subsections (1)(a)(i)(A) through (F); [
561 (II) a package agent; and
562 (ii) that is brought on the basis of a violation of this title.
563 (b) As used in Subsection (4), "final adjudication" means an adjudication for which a
564 final unappealable judgment or order has been issued.
565 (2) (a) The following may conduct adjudicative proceedings to inquire into any matter
566 necessary and proper for the administration of this title and rules adopted under this title:
567 (i) the commission;
568 (ii) a hearing examiner appointed by the commission for the purposes provided in
569 Subsection 32A-1-107 (3);
570 (iii) the director; and
571 (iv) the department.
572 (b) Except as provided in this section or Section 32A-3-106 , the following shall
573 comply with the procedures and requirements of Title 63, Chapter 46b, Administrative
574 Procedures Act, in adjudicative proceedings:
575 (i) the commission;
576 (ii) a hearing examiner appointed by the commission;
577 (iii) the director; and
578 (iv) the department.
579 (c) Except where otherwise provided by law, all adjudicative proceedings before the
580 commission or its appointed hearing examiner shall be:
581 (i) video or audio recorded; and
582 (ii) subject to Subsection (5)(e), conducted in accordance with Title 52, Chapter 4,
583 Open and Public Meetings Act.
584 (d) All adjudicative proceedings concerning departmental personnel shall be conducted
585 in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
586 (e) All hearings that are informational, fact gathering, and nonadversarial in nature
587 shall be conducted in accordance with rules, policies, and procedures promulgated by the
588 commission, director, or department.
589 (3) (a) A disciplinary proceeding shall be conducted under the authority of the
590 commission, which is responsible for rendering a final decision and order on any disciplinary
591 matter.
592 (b) (i) Nothing in this section precludes the commission from appointing necessary
593 officers, including hearing examiners, from within or without the department, to administer the
594 disciplinary proceeding process.
595 (ii) A hearing examiner appointed by the commission:
596 (A) may conduct a disciplinary proceeding hearing on behalf of the commission; and
597 (B) shall submit to the commission a report including:
598 (I) findings of fact determined on the basis of a preponderance of the evidence
599 presented at the hearing;
600 (II) conclusions of law; and
601 (III) recommendations.
602 (c) Nothing in this section precludes the commission, after [
603 rendered its final decision and order, from having the director prepare, issue, and cause to be
604 served on the parties the final written order on behalf of the commission.
605 (4) (a) The department may initiate a disciplinary proceeding described in Subsection
606 (4)(b) when the department receives:
607 (i) a report from any government agency, peace officer, examiner, or investigator
608 alleging that any person listed in Subsections (1)(a)(i)(A) through (G) has violated this title or
609 the rules of the commission;
610 (ii) a final adjudication of criminal liability against any person listed in Subsections
611 (1)(a)(i)(A) through (G) based on an alleged violation of this title; or
612 (iii) a final adjudication of civil liability under Chapter 14a, Alcoholic Beverage
613 Liability, against any person listed in Subsections (1)(a)(i)(A) through (G) based on an alleged
614 violation of this title.
615 (b) The department may initiate a disciplinary proceeding if the department receives an
616 item listed in Subsection (4)(a) to determine:
617 (i) whether any person listed in Subsections (1)(a)(i)(A) through (G) violated this title
618 or rules of the commission; and
619 (ii) if a violation is found, the appropriate sanction to be imposed.
620 (5) (a) Unless waived by the respondent, a disciplinary proceeding shall be held:
621 (i) if required by law;
622 (ii) before revoking or suspending any permit, license, or certificate of approval issued
623 under this title; or
624 (iii) before imposing a fine against any person listed in Subsections (1)(a)(i)(A)
625 through (G).
626 (b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding
627 hearing after receiving proper notice is an admission of the charged violation.
628 (c) The validity of a disciplinary proceeding is not affected by the failure of any person
629 to attend or remain in attendance.
630 (d) All disciplinary proceeding hearings shall be presided over by the commission or an
631 appointed hearing examiner.
632 (e) A disciplinary proceeding hearing may be closed only after the commission or
633 hearing examiner makes a written finding that the public interest in an open hearing is clearly
634 outweighed by factors enumerated in the closure order.
635 (f) (i) The commission or its hearing examiner as part of a disciplinary proceeding
636 hearing may:
637 (A) administer oaths or affirmations;
638 (B) take evidence;
639 (C) take depositions within or without this state; and
640 (D) require by subpoena from any place within this state:
641 (I) the testimony of any person at a hearing; and
642 (II) the production of any books, records, papers, contracts, agreements, documents, or
643 other evidence considered relevant to the inquiry.
644 (ii) A person subpoenaed in accordance with this Subsection (5)(f) shall testify and
645 produce any books, papers, documents, or tangible things as required in the subpoena.
646 (iii) Any witness subpoenaed or called to testify or produce evidence who claims a
647 privilege against self-incrimination may not be compelled to testify, but the commission or the
648 hearing examiner shall file a written report with the county attorney or district attorney in the
649 jurisdiction where the privilege was claimed or where the witness resides setting forth the
650 circumstance of the claimed privilege.
651 (iv) (A) A person is not excused from obeying a subpoena without just cause.
652 (B) Any district court within the judicial district in which a person alleged to be guilty
653 of willful contempt of court or refusal to obey a subpoena is found or resides, upon application
654 by the party issuing the subpoena, may issue an order requiring the person to:
655 (I) appear before the issuing party; and
656 (II) (Aa) produce documentary evidence if so ordered; or
657 (Bb) give evidence regarding the matter in question.
658 (C) Failure to obey an order of the court may be punished by the court as contempt.
659 (g) (i) In all disciplinary proceeding hearings heard by a hearing examiner, the hearing
660 examiner shall prepare a report required by Subsection (3)(b)(ii) to the commission.
661 (ii) The report required by Subsection (3)(b)(ii) and this Subsection (5)(g) may not
662 recommend a penalty more severe than that initially sought by the department in the notice of
663 agency action.
664 (iii) A copy of the report required by Subsection (3)(b)(ii) and this Subsection (5)(g)
665 shall be served upon the respective parties.
666 (iv) The respondent and the department shall be given reasonable opportunity to file
667 any written objections to the report required by Subsection (3)(b)(ii) and this Subsection (5)(g)
668 before final commission action.
669 (h) In all cases heard by the commission, it shall issue its final decision and order in
670 accordance with Subsection (3).
671 (6) (a) The commission shall:
672 (i) render a final decision and order on any disciplinary action; and
673 (ii) cause its final order to be prepared in writing, issued, and served on all parties.
674 (b) Any order of the commission is considered final on the date the order becomes
675 effective.
676 (c) If the commission is satisfied that a person listed in Subsections (1)(a)(i)(A)
677 through (G) has committed a violation of this title or the commission's rules, in accordance
678 with Title 63, Chapter 46b, Administrative Procedures Act, the commission may:
679 (i) suspend or revoke the permit, license, or certificate of approval;
680 (ii) impose a fine against a person listed in Subsections (1)(a)(i)(A) through (G);
681 (iii) assess the administrative costs of any [
682 permittee, the licensee, or certificate holder; or
683 (iv) any combination of Subsections (6)(c)(i) through (iii).
684 (d) A fine imposed in accordance with this Subsection (6) is subject to Subsections
685 32A-1-107 (1)(p) and (4).
686 (e) (i) If a permit or license is suspended under this Subsection (6), a sign provided by
687 the department shall be prominently posted:
688 (A) during the suspension;
689 (B) by the permittee or licensee; and
690 (C) at the entrance of the premises of the permittee or licensee.
691 (ii) The sign required by this Subsection (6)(e) shall:
692 (A) read "The Utah Alcoholic Beverage Control Commission has suspended the
693 alcoholic beverage license or permit of this establishment. Alcoholic beverages may not be
694 sold, served, furnished, or consumed on these premises during the period of suspension."; and
695 (B) include the dates of the suspension period.
696 (iii) A permittee or licensee may not remove, alter, obscure, or destroy a sign required
697 to be posted under this Subsection (6)(e) during the suspension period.
698 (f) If a permit or license is revoked, the commission may order the revocation of any
699 compliance bond posted by the permittee or licensee.
700 (g) Any permittee or licensee whose permit or license is revoked may not reapply for a
701 permit or license under this title for three years from the date on which the permit or license is
702 revoked.
703 (h) All costs assessed by the commission shall be transferred into the General Fund in
704 accordance with Section 32A-1-113 .
705 (7) (a) In addition to any action taken against a permittee, licensee, or certificate holder
706 under this section, the department may initiate disciplinary action against an officer, employee,
707 or agent of a permittee, licensee, or certificate holder.
708 (b) If any officer, employee, or agent is found to have violated this title, the
709 commission may prohibit the officer, employee, or agent from serving, selling, distributing,
710 manufacturing, wholesaling, warehousing, or handling alcoholic beverages in the course of
711 employment with any permittee, licensee, or certificate holder under this title for a period
712 determined by the commission.
713 (8) (a) The department may initiate a disciplinary proceeding for an alleged violation of
714 this title or the rules of the commission against:
715 (i) a manufacturer, supplier, or importer of alcoholic beverages; or
716 (ii) an officer, employee, agent, or representative of a person listed in Subsection
717 (8)(a)(i).
718 (b) (i) If the commission makes the finding described in Subsection (8)(b)(ii), the
719 commission may, in addition to other penalties prescribed by this title, order:
720 (A) the removal of the manufacturer's, supplier's, or importer's products from the
721 department's sales list; and
722 (B) a suspension of the department's purchase of the products described in Subsection
723 (8)(b)(i)(A) for a period determined by the commission.
724 (ii) The commission may take the action described in Subsection (8)(b)(i) if:
725 (A) any manufacturer, supplier, or importer of liquor, wine, or heavy beer or its officer,
726 employee, agent, or representative violates any provision of this title; and
727 (B) the manufacturer, supplier, or importer:
728 (I) directly committed the violation; or
729 (II) solicited, requested, commanded, encouraged, or intentionally aided another to
730 engage in the violation.
731 (9) (a) The department may initiate a disciplinary proceeding against a brewer holding
732 a certificate of approval under Section 32A-8-101 for an alleged violation of this title or the
733 rules of the commission.
734 (b) If the commission makes a finding that the brewer holding a certificate of approval
735 violates this title or rules of the commission, the commission may take any action against the
736 brewer holding a certificate of approval that the commission could take against a licensee
737 including:
738 (i) suspension or revocation of the certificate of approval; and
739 (ii) imposition of a fine.
740 (10) (a) If a respondent requests a disciplinary proceeding hearing, the hearing held by
741 the commission or a hearing examiner appointed by the commission shall proceed formally in
742 accordance with Sections 63-46b-6 through 63-46b-11 in any case where:
743 (i) the alleged violation poses, or potentially poses, a grave risk to public safety, health,
744 and welfare;
745 (ii) the alleged violation involves:
746 (A) selling, serving, or otherwise furnishing alcoholic products to a minor;
747 (B) attire, conduct, or entertainment prohibited by Part 6, Attire, Conduct, and
748 Entertainment Act;
749 (C) fraud, deceit, willful concealment, or misrepresentation of the facts by or on behalf
750 of the respondent;
751 (D) interfering or refusing to cooperate with:
752 (I) an authorized official of the department or the state in the discharge of the official's
753 duties in relation to the enforcement of this title; or
754 (II) a peace officer in the discharge of the peace officer's duties in relation to the
755 enforcement of this title;
756 (E) an unlawful trade practice under Sections 32A-12-601 through 32A-12-606 ;
757 (F) unlawful importation of alcoholic products; or
758 (G) unlawful supply of liquor by a liquor industry member, as defined in Subsection
759 32A-12-601 (2), to any person other than the department or a military installation, except to the
760 extent permitted by this title; or
761 (iii) the department determines to seek in a disciplinary proceeding hearing:
762 (A) an administrative fine exceeding $3,000;
763 (B) a suspension of a license, permit, or certificate of approval of more than ten days;
764 or
765 (C) a revocation of a license, permit, or certificate of approval.
766 (b) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
767 Administrative Rulemaking Act, to provide a procedure to implement this Subsection (10).
768 Section 7. Section 32A-1-120 is amended to read:
769 32A-1-120. Judicial review -- Enforcement.
770 (1) In a disciplinary proceeding, [
771 respondent found in a final order of the commission to have violated this title or rules of the
772 commission made under this title may seek judicial review in a court of competent jurisdiction
773 pursuant to the judicial review provisions of Sections 63-46b-14 through 63-46b-18 .
774 [
775
776 [
777
778 [
779
780 [
781
782 [
783
784 [
785
786 [
787 [
788
789 [
790
791 [
792
793 [
794 [
795 (2) Notwithstanding Subsection 63-46b-16 (4)(g), an appellate court may not grant
796 relief on the basis that a finding of fact by the commission in a formal disciplinary proceeding
797 is not supported, if the commission's finding of fact is supported by any evidence of substance
798 in the record of the formal disciplinary proceeding when viewed in light of the whole record
799 before the court.
800 (3) In addition to any other remedy provided by law, the commission may seek
801 enforcement of a commission order in a disciplinary proceeding by seeking civil enforcement
802 in a state district court in accordance with Section 63-46b-19 .
803 Section 8. Section 32A-1-122 is amended to read:
804 32A-1-122. Liquor prices -- School lunch program.
805 (1) For purposes of this section:
806 (a) "Landed case cost" means:
807 (i) the cost of the product; and
808 (ii) inbound shipping costs incurred by the department.
809 (b) "Landed case cost" does not include the outbound shipping cost from a warehouse
810 of the department to a state store.
811 [
812 and wine sold by the department within the state shall be marked up in an amount not less than
813 [
814 [
815 in Utah shall be marked up in an amount not less than 15% above the landed case cost to the
816 department.
817 [
818 calendar year, as verified by the department pursuant to federal or other verifiable production
819 reports, first applies to the department for a reduced markup, all wine [
820
821 up by the department in an amount not less than [
822 department.
823 (3) (a) Except as provided in Subsection (3)(b), all heavy beer sold by the department
824 within the state shall be marked up in an amount not less than 64.5% above the landed case
825 cost to the department.
826 (b) All heavy beer sold by the department to military installations in Utah shall be
827 marked up in an amount not less than 15% above the landed case cost to the department.
828 (4) Ten percent of the total gross revenue from sales of spiritous liquor, wine, and
829 heavy beer shall be deposited by the department with the state treasurer and credited to the
830 Uniform School Fund to be used to support the school lunch program administered by the State
831 Board of Education under Section 53A-19-201 .
832 [
833 [
834 Section 9. Section 32A-1-401 is amended to read:
835 32A-1-401. Alcohol training and education -- Revocation, suspension, or
836 nonrenewal of licenses.
837 (1) The commission may suspend, revoke, or not renew the license of any licensee
838 licensed by the commission if any of the following individuals, as defined in Section
839 62A-15-401 , fail to complete an alcohol training and education seminar required in Section
840 62A-15-401 :
841 (a) an individual who manages operations at the premises of the licensee engaged in the
842 retail sale of alcoholic beverages for consumption on the premises of the licensee;
843 (b) an individual who supervises the serving of alcoholic beverages to a customer for
844 consumption on the premises of the licensee; or
845 (c) an individual who serves alcoholic beverages to a customer for consumption on the
846 premises of the licensee.
847 (2) A city, town, or county in which an establishment conducts its business may
848 suspend, revoke, or not renew the business license of the establishment if any individual
849 described in Subsection (1) fails to complete an alcohol training and education seminar
850 required in Section 62A-15-401 .
851 (3) A local authority that issues an off-premise beer retailer license to a [
852
853 retailer's premises may immediately suspend the license if any of the following individuals fail
854 to complete an alcohol training and education seminar required in Sections 32A-10-103 and
855 62A-15-401 , an individual who:
856 (a) directly supervises the sale of beer to a customer for consumption off the premises
857 of the off-premise beer retailer licensee; or
858 (b) sells beer to a customer for consumption off the premises of the off-premise beer
859 retailer licensee.
860 Section 10. Section 32A-1-601 is enacted to read:
861
862 32A-1-601. Title -- Purpose -- Application to other laws.
863 (1) This part is known as the "Attire, Conduct, and Entertainment Act."
864 (2) This part establishes reasonable and uniform time, place, and manner of operation
865 restrictions relating to attire, conduct, and sexually oriented entertainers on a premises or at an
866 event at which alcoholic beverages are sold, served, or allowed to be consumed under a retail
867 license or permit issued by the commission so as to:
868 (a) reduce the adverse secondary effects that the attire, conduct, and sexually oriented
869 entertainers may have upon communities of this state; and
870 (b) protect the health, peace, safety, welfare, and morals of the residents of
871 communities of this state.
872 (3) Nothing in this part permits or allows the showing or display of any matter that is
873 contrary to:
874 (a) applicable federal or state statutes prohibiting obscenity; or
875 (b) state statutes relating to lewdness or indecent public displays.
876 (4) A local authority may be more restrictive of attire, conduct, or sexually oriented
877 entertainers of the type prohibited in this part.
878 Section 11. Section 32A-1-602 is enacted to read:
879 32A-1-602. General restrictions on attire and conduct.
880 The following attire and conduct on a premises or at an event regulated by the
881 commission under this title are considered contrary to the public health, peace, safety, welfare,
882 and morals, and are prohibited:
883 (1) employing or using a person in the sale or service of alcoholic beverages while the
884 person is in:
885 (a) a state of nudity;
886 (b) a state of seminudity; or
887 (c) attire, costume, or clothing that exposes to view any portion of:
888 (i) the female breast below the top of the areola; or
889 (ii) the cleft of the buttocks;
890 (2) employing or using the services of a person to mingle with patrons while the person
891 is in:
892 (a) a state of nudity;
893 (b) a state of seminudity; or
894 (c) attire, costume, or clothing that exposes to view any portion of:
895 (i) the female breast below the top of the areola; or
896 (ii) the cleft of the buttocks;
897 (3) encouraging or permitting a person to:
898 (a) engage in or simulate an act of:
899 (i) sexual intercourse;
900 (ii) masturbation;
901 (iii) sodomy;
902 (iv) bestiality;
903 (v) oral copulation;
904 (vi) flagellation; or
905 (vii) a sexual act that is prohibited by Utah law; or
906 (b) touch, caress, or fondle the breast, buttocks, anus, or genitals of any other person;
907 (4) permitting a person to wear or use a device or covering that:
908 (a) is exposed to view; and
909 (b) simulates all or any portion of the human genitals, anus, pubic area, or female
910 breast;
911 (5) permitting a person to use an artificial device or inanimate object to depict an act
912 prohibited by this section;
913 (6) permitting a person to remain on a premises or at an event who exposes to public
914 view any portion of that person's:
915 (a) genitals, pubic area, or anus; or
916 (b) in the case of a female, the areola and nipple of the breast; or
917 (7) showing a film, still picture, electronic reproduction, or other visual reproduction
918 depicting:
919 (a) an act or simulated act of:
920 (i) sexual intercourse;
921 (ii) masturbation;
922 (iii) sodomy;
923 (iv) bestiality;
924 (v) oral copulation;
925 (vi) flagellation; or
926 (vii) a sexual act that is prohibited by Utah law;
927 (b) a person being touched, caressed, or fondled on the breast, buttocks, anus, or
928 genitals;
929 (c) a scene wherein an artificial device or inanimate object is employed to depict, or a
930 drawing is employed to portray, an act prohibited by this section; or
931 (d) a scene wherein a person displays the genitals or anus.
932 Section 12. Section 32A-1-603 is enacted to read:
933 32A-1-603. Sexually oriented entertainer.
934 (1) Subject to the restrictions of this section, live entertainment is permitted on a
935 premises or at an event regulated by the commission.
936 (2) Notwithstanding Subsection (1), a licensee or permittee may not permit a person to:
937 (a) appear or perform in a state of nudity;
938 (b) perform or simulate an act of:
939 (i) sexual intercourse;
940 (ii) masturbation;
941 (iii) sodomy;
942 (iv) bestiality;
943 (v) oral copulation;
944 (vi) flagellation; or
945 (v) a sexual act that is prohibited by Utah law; or
946 (c) touch, caress, or fondle the breast, buttocks, anus, or genitals.
947 (3) A sexually oriented entertainer may perform in a state of seminudity:
948 (a) only in a tavern or class D private club; and
949 (b) only if:
950 (i) all windows, doors, and other apertures to the premises are darkened or otherwise
951 constructed to prevent anyone outside the premises from seeing the performance; and
952 (ii) the outside entrance doors of the premises remain unlocked.
953 (4) A sexually oriented entertainer may perform only upon a stage or in a designated
954 performance area that is:
955 (a) approved by the commission in accordance with rules made by the commission in
956 accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
957 (b) configured so as to preclude a patron from:
958 (i) touching the sexually oriented entertainer; or
959 (ii) placing any money or object on or within the costume or the person of the sexually
960 oriented entertainer; and
961 (c) configured so as to preclude the sexually oriented entertainer from touching a
962 patron.
963 (5) A sexually oriented entertainer may not touch a patron:
964 (a) during the sexually oriented entertainer's performance; or
965 (b) while the sexually oriented entertainer is dressed in performance attire or costume.
966 (6) A sexually oriented entertainer, while in the portion of the premises used by
967 patrons, must be dressed in opaque clothing which covers and conceals the sexually oriented
968 entertainer's performance attire or costume from the top of the breast to the knee.
969 (7) A patron may not be on the stage or in the performance area while a sexually
970 oriented entertainer is appearing or performing on the stage or in the performance area.
971 (8) A patron may not:
972 (a) touch a sexually oriented entertainer:
973 (i) during the sexually oriented entertainer's performance; or
974 (ii) while the sexually oriented entertainer is dressed in performance attire or costume;
975 or
976 (b) place money or any other object on or within the costume or the person of the
977 sexually oriented entertainer.
978 (9) A minor may not be on a premises described in Subsection (3) when a sexually
979 oriented entertainer is performing on the premises.
980 (10) A person who appears or performs for the entertainment of patrons on a premises
981 or at an event regulated by the commission that is not a tavern or class D private club:
982 (a) may not appear or perform in a state of nudity or a state of seminudity; and
983 (b) may appear or perform in opaque clothing that completely covers the person's
984 genitals, pubic area, and anus if the covering:
985 (i) is not less than the following at its widest point:
986 (A) four inches coverage width in the front of the human body; and
987 (B) five inches coverage width in the back of the human body;
988 (ii) does not taper to less than one inch wide at the narrowest point; and
989 (iii) if covering a female, completely covers the breast below the top of the areola.
990 Section 13. Section 32A-1-604 is enacted to read:
991 32A-1-604. Compliance -- Disciplinary proceeding.
992 (1) Each person granted a license or permit by the commission to sell, serve, or allow
993 consumption of alcoholic beverages on a premises or at an event and each officer, employee, or
994 agent of the licensee or permittee shall comply with the conditions and requirements of this
995 part.
996 (2) Failure to comply with this part may result in a disciplinary proceeding pursuant to
997 Section 32A-1-119 against:
998 (a) a licensee or permittee; and
999 (b) an officer, employee, or agent of the licensee or permittee.
1000 Section 14. Section 32A-4-102 is amended to read:
1001 32A-4-102. Application and renewal requirements.
1002 (1) A person seeking a restaurant liquor license under this part shall file a written
1003 application with the department, in a form prescribed by the department. It shall be
1004 accompanied by:
1005 (a) a nonrefundable $250 application fee;
1006 (b) an initial license fee of $1,750, which is refundable if a license is not granted;
1007 (c) written consent of the local authority;
1008 (d) a copy of the applicant's current business license;
1009 (e) evidence of proximity to any public or private school, church, public library, public
1010 playground, or park, and if the proximity is within the 600 foot or 200 foot limitation of
1011 Subsections 32A-4-101 (4) and (5), the application shall be processed in accordance with those
1012 subsections;
1013 (f) a bond as specified by Section 32A-4-105 ;
1014 (g) a floor plan of the restaurant, including consumption areas and the area where the
1015 applicant proposes to keep, store, and sell liquor;
1016 (h) evidence that the restaurant is carrying public liability insurance in an amount and
1017 form satisfactory to the department;
1018 (i) evidence that the restaurant is carrying dramshop insurance coverage of at least
1019 $500,000 per occurrence and $1,000,000 in the aggregate;
1020 (j) a signed consent form stating that the restaurant will permit any authorized
1021 representative of the commission, department, or any law enforcement officer unrestricted right
1022 to enter the restaurant;
1023 (k) in the case of an applicant that is a partnership, corporation, or limited liability
1024 company, proper verification evidencing that the person or persons signing the restaurant
1025 application are authorized to so act on behalf of the partnership, corporation, or limited liability
1026 company; and
1027 (l) any other information the commission or department may require.
1028 (2) (a) All restaurant liquor licenses expire on October 31 of each year.
1029 (b) Persons desiring to renew their restaurant liquor license shall by no later than
1030 September 30 submit:
1031 (i) a completed renewal application to the department; and
1032 (ii) a renewal fee in the following amount:
1033 Gross Cost of Liquor in Previous License Year for the Licensee Renewal Fee
1034 under $5,000 $750
1035 equals or exceeds $5,000 but less than $10,000 $900
1036 equals or exceeds $10,000 but less than $25,000 $1,250
1037 equals or exceeds $25,000 $1,500[
1038 (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of
1039 the license effective on the date the existing license expires.
1040 (d) Renewal applications shall be in a form as prescribed by the department.
1041 (3) To ensure compliance with Subsection 32A-4-106 [
1042 suspend or revoke any restaurant liquor license if the restaurant liquor licensee does not
1043 immediately notify the department of any change in:
1044 (a) ownership of the restaurant;
1045 (b) for a corporate owner, the:
1046 (i) corporate officers or directors; or
1047 (ii) shareholders holding at least 20% of the total issued and outstanding stock of the
1048 corporation; or
1049 (c) for a limited liability company:
1050 (i) managers; or
1051 (ii) members owning at least 20% of the limited liability company.
1052 Section 15. Section 32A-4-106 is amended to read:
1053 32A-4-106. Operational restrictions.
1054 Each person granted a restaurant liquor license and the employees and management
1055 personnel of the restaurant shall comply with the following conditions and requirements.
1056 Failure to comply may result in a suspension or revocation of the license or other disciplinary
1057 action taken against individual employees or management personnel.
1058 (1) (a) Liquor may not be purchased by a restaurant liquor licensee except from state
1059 stores or package agencies.
1060 (b) Liquor purchased may be transported by the restaurant liquor licensee from the
1061 place of purchase to the licensed premises.
1062 (c) Payment for liquor shall be made in accordance with rules established by the
1063 commission.
1064 (2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in
1065 a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
1066 dispensing system approved by the department in accordance with commission rules adopted
1067 under this title, except that:
1068 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
1069 system if used as a secondary flavoring ingredient in a beverage subject to the following
1070 restrictions:
1071 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
1072 a primary spirituous liquor;
1073 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
1074 (iii) the restaurant liquor licensee shall designate a location where flavorings are stored
1075 on the floor plan provided to the department; and
1076 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
1077 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
1078 system if used:
1079 (i) as a flavoring on desserts; and
1080 (ii) in the preparation of flaming food dishes, drinks, and desserts;
1081 (c) each restaurant patron may have no more than 2.75 ounces of spirituous liquor at a
1082 time; and
1083 (d) each restaurant patron may have no more than one spirituous liquor drink at a time
1084 before the patron.
1085 (3) (a) (i) Wine may be sold and served by the glass or in an individual portion not to
1086 exceed five ounces per glass or individual portion.
1087 (ii) An individual portion of wine may be served to a patron in more than one glass as
1088 long as the total amount of wine does not exceed five ounces.
1089 (iii) An individual portion of wine is considered to be one alcoholic beverage under
1090 Subsection (7)(e).
1091 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
1092 fixed by the commission to tables of four or more persons.
1093 (ii) Wine may be sold and served in containers not exceeding 750 [
1094 prices fixed by the commission to tables of less than four persons.
1095 (c) A wine service may be performed and a service charge assessed by the restaurant as
1096 authorized by commission rule for wine purchased at the restaurant.
1097 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
1098 fixed by the commission.
1099 (b) A service charge may be assessed by the restaurant as authorized by commission
1100 rule for heavy beer purchased at the restaurant.
1101 (5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant licensed to sell liquor may sell
1102 beer for on-premise consumption:
1103 (A) in an open container; and
1104 (B) on draft.
1105 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
1106 not exceed two liters, except that beer may not be sold to an individual patron in a size of
1107 container that exceeds one liter.
1108 (b) A restaurant licensed under this chapter that sells beer pursuant to Subsection
1109 (5)(a):
1110 (i) may do so without obtaining a separate on-premise beer retailer license from the
1111 commission; and
1112 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
1113 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
1114 inconsistent with or less restrictive than the operational restrictions under this part.
1115 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
1116 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
1117 restaurant's:
1118 (i) state liquor license; and
1119 (ii) alcoholic beverage license issued by the local authority.
1120 (6) Alcoholic beverages may not be stored, served, or sold in any place other than as
1121 designated in the licensee's application, unless the licensee first applies for and receives
1122 approval from the department for a change of location within the restaurant.
1123 (7) (a) (i) A patron may only make alcoholic beverage purchases in the restaurant from
1124 and be served by a person employed, designated, and trained by the licensee to sell and serve
1125 alcoholic beverages.
1126 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
1127 from an employee of the restaurant or has carried bottled wine onto the premises of the
1128 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
1129 or others at the patron's table.
1130 (b) Alcoholic beverages shall be delivered by a server to the patron.
1131 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
1132 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
1133 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
1134 at a time before the patron, subject to the limitation in Subsection (2)(d).
1135 (8) The liquor storage area shall remain locked at all times other than those hours and
1136 days when liquor sales are authorized by law.
1137 (9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
1138 restaurant during the following days or hours:
1139 (i) until after the polls are closed on the day of any:
1140 (A) regular general election;
1141 (B) regular primary election; or
1142 (C) statewide special election;
1143 (ii) until after the polls are closed on the day of any municipal, special district, or
1144 school election, but only:
1145 (A) within the boundaries of the municipality, special district, or school district; and
1146 (B) if required by local ordinance; and
1147 (iii) on any other day after 12 midnight and before 12 noon.
1148 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
1149 Licenses, for on-premise beer licensees.
1150 (10) Alcoholic beverages may not be sold except in connection with an order for food
1151 prepared, sold, and served at the restaurant.
1152 (11) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
1153 (a) minor;
1154 (b) person actually, apparently, or obviously intoxicated;
1155 (c) known habitual drunkard; or
1156 (d) known interdicted person.
1157 (12) (a) (i) Liquor may be sold only at prices fixed by the commission.
1158 (ii) Liquor may not be sold at discount prices on any date or at any time.
1159 (b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
1160 beverage to the licensee.
1161 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
1162 over consumption or intoxication.
1163 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
1164 hours of the restaurant's business day such as a "happy hour."
1165 (e) The sale or service of more than one alcoholic beverage for the price of a single
1166 alcoholic beverage is prohibited.
1167 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
1168 during any set period for a fixed price is prohibited.
1169 (g) A restaurant licensee may not engage in a public promotion involving or offering
1170 free alcoholic beverages to the general public.
1171 (13) Alcoholic beverages may not be purchased for a patron of a restaurant by:
1172 (a) the licensee; or
1173 (b) any employee or agent of the licensee.
1174 (14) (a) A person may not bring onto the premises of a restaurant liquor licensee any
1175 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
1176 discretion of the licensee, bottled wine onto the premises of any restaurant liquor licensee for
1177 on-premise consumption.
1178 (b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or its
1179 officers, managers, employees, or agents may not allow:
1180 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
1181 consumption; or
1182 (ii) consumption of any such alcoholic beverage on its premises.
1183 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
1184 or other representative of the licensee upon entering the restaurant.
1185 (d) A wine service may be performed and a service charge assessed by the restaurant as
1186 authorized by commission rule for wine carried in by a patron.
1187 (15) (a) Except as provided in Subsection (15)(b), a restaurant licensee and its
1188 employees may not permit a restaurant patron to carry from the restaurant premises an open
1189 container that:
1190 (i) is used primarily for drinking purposes; and
1191 (ii) contains any alcoholic beverage.
1192 (b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from the
1193 restaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or brought
1194 onto the premises of the restaurant in accordance with Subsection (14), provided the bottle has
1195 been recorked or recapped before removal.
1196 (16) (a) A minor may not be employed by a restaurant licensee to sell or dispense
1197 alcoholic beverages.
1198 (b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may be
1199 employed to enter the sale at a cash register or other sales recording device.
1200 (17) An employee of a restaurant liquor licensee, while on duty, may not:
1201 (a) consume an alcoholic beverage; or
1202 (b) be intoxicated.
1203 (18) Any charge or fee made in connection with the sale, service, or consumption of
1204 liquor may be stated in food or alcoholic beverage menus including:
1205 (a) a set-up charge;
1206 (b) a service charge; or
1207 (c) a chilling fee.
1208 (19) Each restaurant liquor licensee shall display in a prominent place in the restaurant:
1209 (a) the liquor license that is issued by the department;
1210 (b) a list of the types and brand names of liquor being served through its calibrated
1211 metered dispensing system; and
1212 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
1213 drugs is a serious crime that is prosecuted aggressively in Utah."
1214 [
1215
1216 [
1217
1218
1219
1220 [
1221
1222 [
1223
1224 [
1225
1226 [
1227
1228 [
1229
1230 [
1231
1232 [
1233
1234 [
1235
1236 [
1237
1238
1239 [
1240 [
1241
1242 [
1243
1244
1245
1246
1247
1248 [
1249
1250 [
1251 gambling, or have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
1252 Part 11, Gambling, on the premises of the restaurant liquor licensee.
1253 [
1254 record showing in detail:
1255 (i) quarterly expenditures made separately for:
1256 (A) malt or brewed beverages;
1257 (B) set-ups;
1258 (C) liquor;
1259 (D) food; and
1260 (E) all other items required by the department; and
1261 (ii) sales made separately for:
1262 (A) malt or brewed beverages;
1263 (B) set-ups;
1264 (C) food; and
1265 (D) all other items required by the department.
1266 (b) The record required by Subsection [
1267 (i) in a form approved by the department; and
1268 (ii) current for each three-month period.
1269 (c) Each expenditure shall be supported by:
1270 (i) delivery tickets;
1271 (ii) invoices;
1272 (iii) receipted bills;
1273 (iv) canceled checks;
1274 (v) petty cash vouchers; or
1275 (vi) other sustaining data or memoranda.
1276 (d) In addition to a ledger or record required under Subsection [
1277 restaurant liquor licensee shall maintain accounting and other records and documents as the
1278 department may require.
1279 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
1280 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
1281 other documents of the restaurant required to be made, maintained, or preserved by this title or
1282 the rules of the commission for the purpose of deceiving the commission or the department, or
1283 any of their officials or employees, is subject to:
1284 (i) the suspension or revocation of the restaurant's liquor license; and
1285 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
1286 [
1287 period longer than 240 hours, unless:
1288 (i) the restaurant liquor licensee notifies the department in writing at least seven days
1289 before the closing; and
1290 (ii) the closure or cessation of operation is first approved by the department.
1291 (b) Notwithstanding Subsection [
1292 immediate notice of closure shall be made to the department by telephone.
1293 (c) The department may authorize a closure or cessation of operation for a period not to
1294 exceed 60 days. The department may extend the initial period an additional 30 days upon
1295 written request of the restaurant licensee and upon a showing of good cause. A closure or
1296 cessation of operation may not exceed a total of 90 days without commission approval.
1297 (d) Any notice shall include:
1298 (i) the dates of closure or cessation of operation;
1299 (ii) the reason for the closure or cessation of operation; and
1300 (iii) the date on which the licensee will reopen or resume operation.
1301 (e) Failure of the licensee to provide notice and to obtain department authorization
1302 prior to closure or cessation of operation shall result in an automatic forfeiture of:
1303 (i) the license; and
1304 (ii) the unused portion of the license fee for the remainder of the license year effective
1305 immediately.
1306 (f) Failure of the licensee to reopen or resume operation by the approved date shall
1307 result in an automatic forfeiture of:
1308 (i) the license; and
1309 (ii) the unused portion of the license fee for the remainder of the license year.
1310 [
1311 restaurant business from the sale of food, which does not include mix for alcoholic beverages
1312 or service charges.
1313 [
1314 another, without prior written approval of the commission.
1315 [
1316 transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to any
1317 other person whether for monetary gain or not.
1318 (b) A restaurant liquor license has no monetary value for the purpose of any type of
1319 disposition.
1320 [
1321 written beverage tab for each table or group that orders or consumes alcoholic beverages on the
1322 premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
1323 consumed.
1324 [
1325 condition of employment as a server with a restaurant that has a restaurant liquor license.
1326 Section 16. Section 32A-4-206 is amended to read:
1327 32A-4-206. Operational restrictions.
1328 Each person granted an airport lounge liquor license and the employees and
1329 management personnel of the airport lounge shall comply with the following conditions and
1330 requirements. Failure to comply may result in a suspension or revocation of the license or
1331 other disciplinary action taken against individual employees or management personnel.
1332 (1) (a) Liquor may not be purchased by an airport lounge liquor licensee except from
1333 state stores or package agencies.
1334 (b) Liquor purchased may be transported by the licensee from the place of purchase to
1335 the licensed premises.
1336 (c) Payment for liquor shall be made in accordance with the rules established by the
1337 commission.
1338 (2) An airport lounge liquor licensee may sell or provide a primary spirituous liquor
1339 only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
1340 dispensing system approved by the department in accordance with commission rules adopted
1341 under this title, except that:
1342 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
1343 system if used as a secondary flavoring ingredient in a beverage subject to the following
1344 restrictions:
1345 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
1346 a spirituous primary liquor;
1347 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
1348 (iii) the airport lounge liquor licensee shall designate a location where flavorings are
1349 stored on the floor plan provided to the department; and
1350 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
1351 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
1352 system if used:
1353 (i) as a flavoring on desserts; and
1354 (ii) in the preparation of flaming food dishes, drinks, and desserts; and
1355 (c) each airport lounge patron may have no more than 2.75 ounces of spirituous liquor
1356 at a time before the patron.
1357 (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
1358 exceed five ounces per glass or individual portion.
1359 (ii) An individual portion may be served to a patron in more than one glass as long as
1360 the total amount of wine does not exceed five ounces.
1361 (iii) An individual portion of wine is considered to be one alcoholic beverage under
1362 Subsection (7)(c).
1363 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
1364 fixed by the commission to tables of four or more persons.
1365 (ii) Wine may be sold and served in containers not exceeding 750 [
1366 prices fixed by the commission to tables of less than four persons.
1367 (c) A wine service may be performed and a service charge assessed by the airport
1368 lounge as authorized by commission rule for wine purchased at the airport lounge.
1369 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
1370 fixed by the commission.
1371 (b) A service charge may be assessed by the airport lounge as authorized by
1372 commission rule for heavy beer purchased at the airport lounge.
1373 (5) (a) (i) Subject to Subsection (5)(a)(ii), an airport lounge licensed to sell liquor may
1374 sell beer for on-premise consumption:
1375 (A) in an open container; and
1376 (B) on draft.
1377 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
1378 not exceed two liters, except that beer may not be sold to an individual patron in a size of
1379 container that exceeds one liter.
1380 (b) An airport lounge that sells beer pursuant to Subsection (5)(a):
1381 (i) may do so without obtaining a separate on-premise beer retailer license from the
1382 commission; and
1383 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
1384 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
1385 inconsistent with or less restrictive than the operational restrictions under this part.
1386 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
1387 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the airport
1388 lounge's:
1389 (i) state liquor license; and
1390 (ii) alcoholic beverage license issued by the local authority.
1391 (6) Alcoholic beverages may not be stored, served, or sold in any place other than as
1392 designated in the licensee's application, unless the licensee first applies for and receives
1393 approval from the department for a change of location within the airport lounge.
1394 (7) (a) A patron may only make purchases in the airport lounge from and be served by
1395 a person employed, designated, and trained by the licensee to sell, dispense, and serve alcoholic
1396 beverages.
1397 (b) Notwithstanding Subsection (7)(a), a patron who has purchased bottled wine from
1398 an employee of the airport lounge may serve wine from the bottle to the patron or others at the
1399 patron's table.
1400 (c) Each airport lounge patron may have no more than two alcoholic beverages of any
1401 kind at a time before the patron.
1402 (8) The liquor storage area shall remain locked at all times other than those hours and
1403 days when liquor sales and service are authorized by law.
1404 (9) Alcoholic beverages may not be sold, offered for sale, served, or otherwise
1405 furnished at an airport lounge on any day after 12 midnight and before 8 a.m.
1406 (10) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
1407 (a) minor;
1408 (b) person actually, apparently, or obviously intoxicated;
1409 (c) known habitual drunkard; or
1410 (d) known interdicted person.
1411 (11) (a) (i) Liquor may be sold only at prices fixed by the commission.
1412 (ii) Liquor may not be sold at discount prices on any date or at any time.
1413 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
1414 to the licensee.
1415 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
1416 over consumption or intoxication.
1417 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
1418 hours of the airport lounge's business day such as a "happy hour."
1419 (e) The sale or service of more than one alcoholic beverage for the price of a single
1420 alcoholic beverage is prohibited.
1421 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
1422 during any set period for a fixed price is prohibited.
1423 (g) An airport lounge licensee may not engage in a public promotion involving or
1424 offering free alcoholic beverages to the general public.
1425 (12) Alcoholic beverages may not be purchased for a patron of an airport lounge by:
1426 (a) the licensee; or
1427 (b) any employee or agent of the licensee.
1428 (13) (a) A person may not bring onto the premises of an airport lounge licensee any
1429 alcoholic beverage for on-premise consumption.
1430 (b) An airport lounge or its officers, managers, employees, or agents may not allow a
1431 person to bring onto the airport lounge premises any alcoholic beverage for on-premise
1432 consumption or allow consumption of any such alcoholic beverage on its premises.
1433 (14) An airport lounge licensee and its employees may not permit a patron to remove
1434 any alcoholic beverages from the airport lounge premises.
1435 (15) (a) A minor may not be employed by an airport lounge licensee to sell or dispense
1436 alcoholic beverages.
1437 (b) Notwithstanding Subsection (15)(a), a minor who is at least 16 years of age may be
1438 employed to enter the sale at a cash register or other sales recording device.
1439 (16) An employee of an airport lounge licensee, while on duty, may not:
1440 (a) consume an alcoholic beverage; or
1441 (b) be intoxicated.
1442 (17) Any charge or fee made in connection with the sale, service, or consumption of
1443 liquor may be stated in a food or alcoholic beverage menu including:
1444 (a) a set-up charge;
1445 (b) a service charge; or
1446 (c) a chilling fee.
1447 (18) Each airport lounge liquor licensee shall display in a prominent place in the airport
1448 lounge:
1449 (a) the liquor license that is issued by the department;
1450 (b) a list of the types and brand names of liquor being served through its calibrated
1451 metered dispensing system; and
1452 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
1453 drugs is a serious crime that is prosecuted aggressively in Utah."
1454 (19) (a) Each airport lounge liquor licensee shall maintain an expense ledger or record
1455 showing in detail:
1456 (i) quarterly expenditures made separately for malt or brewed beverages, liquor, and all
1457 other items required by the department; and
1458 (ii) sales made separately for malt or brewed beverages, food, and all other items
1459 required by the department.
1460 (b) This record shall be kept:
1461 (i) in a form approved by the department; and
1462 (ii) current for each three-month period.
1463 (c) Each expenditure shall be supported by:
1464 (i) delivery tickets;
1465 (ii) invoices;
1466 (iii) receipted bills;
1467 (iv) canceled checks;
1468 (v) petty cash vouchers; or
1469 (vi) other sustaining data or memoranda.
1470 (d) In addition to a ledger or record required by Subsection (19)(a), each airport lounge
1471 liquor licensee shall maintain accounting and other records and documents as the department
1472 may require.
1473 (e) Any airport lounge or person acting for the airport lounge, who knowingly forges,
1474 falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of
1475 account or other documents of the airport lounge required to be made, maintained, or preserved
1476 by this title or the rules of the commission for the purpose of deceiving the commission or the
1477 department, or any of their officials or employees, is subject to:
1478 (i) the immediate suspension or revocation of the airport lounge's liquor license; and
1479 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
1480 (20) An airport lounge liquor license may not be transferred from one location to
1481 another, without prior written approval of the commission.
1482 (21) (a) An airport lounge liquor licensee may not sell, transfer, assign, exchange,
1483 barter, give, or attempt in any way to dispose of the license to any other person, whether for
1484 monetary gain or not.
1485 (b) An airport lounge liquor license has no monetary value for the purpose of any type
1486 of disposition.
1487 (22) Each server of alcoholic beverages in a licensee's establishment shall keep a
1488 written beverage tab for each table or group that orders or consumes alcoholic beverages on the
1489 premises. The beverage tab shall list the type and amount of alcoholic beverages ordered or
1490 consumed.
1491 (23) An airport lounge liquor licensee's premises may not be leased for private
1492 functions.
1493 (24) An airport lounge liquor licensee may not engage in or permit any form of
1494 gambling, or have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
1495 Part 11, Gambling, on the premises of the airport lounge liquor licensee.
1496 Section 17. Section 32A-4-303 is amended to read:
1497 32A-4-303. Application and renewal requirements.
1498 (1) A person seeking a limited restaurant license under this part shall file a written
1499 application with the department, in a form prescribed by the department. The application shall
1500 be accompanied by:
1501 (a) a nonrefundable $250 application fee;
1502 (b) an initial license fee of $500, which is refundable if a license is not granted;
1503 (c) written consent of the local authority;
1504 (d) a copy of the applicant's current business license;
1505 (e) evidence of proximity to any public or private school, church, public library, public
1506 playground, or park, and if the proximity is within the 600 foot or 200 foot limitation of
1507 Subsections 32A-4-302 (4) and (5), the application shall be processed in accordance with those
1508 subsections;
1509 (f) a bond as specified by Section 32A-4-306 ;
1510 (g) a floor plan of the restaurant, including:
1511 (i) consumption areas; and
1512 (ii) the area where the applicant proposes to keep, store, and sell wine, heavy beer, and
1513 beer;
1514 (h) evidence that the restaurant is carrying public liability insurance in an amount and
1515 form satisfactory to the department;
1516 (i) evidence that the restaurant is carrying dramshop insurance coverage of at least
1517 $500,000 per occurrence and $1,000,000 in the aggregate;
1518 (j) a signed consent form stating that the restaurant will permit any authorized
1519 representative of the commission, department, or any law enforcement officer unrestricted right
1520 to enter the restaurant;
1521 (k) in the case of an applicant that is a partnership, corporation, or limited liability
1522 company, proper verification evidencing that the person or persons signing the restaurant
1523 application are authorized to so act on behalf of the partnership, corporation, or limited liability
1524 company; and
1525 (l) any other information the commission or department may require.
1526 [
1527
1528
1529 [
1530
1531 [
1532 [
1533
1534 [
1535 [
1536 (b) A person desiring to renew that person's limited restaurant license shall submit:
1537 (i) a renewal fee of $300; and
1538 (ii) a renewal application to the department no later than September 30.
1539 (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of
1540 the license effective on the date the existing license expires.
1541 (d) Renewal applications shall be in a form as prescribed by the department.
1542 [
1543 may suspend or revoke a limited restaurant license if the limited restaurant licensee does not
1544 immediately notify the department of any change in:
1545 (a) ownership of the restaurant;
1546 (b) for a corporate owner, the:
1547 (i) corporate officer or directors; or
1548 (ii) shareholders holding at least 20% of the total issued and outstanding stock of the
1549 corporation; or
1550 (c) for a limited liability company:
1551 (i) managers; or
1552 (ii) members owning at least 20% of the limited liability company.
1553 Section 18. Section 32A-4-307 is amended to read:
1554 32A-4-307. Operational restrictions.
1555 Each person granted a limited restaurant license and the employees and management
1556 personnel of the restaurant shall comply with the following conditions and requirements.
1557 Failure to comply may result in a suspension or revocation of the license or other disciplinary
1558 action taken against individual employees or management personnel.
1559 (1) (a) Wine and heavy beer may not be purchased by a limited restaurant licensee
1560 except from state stores or package agencies.
1561 (b) Wine and heavy beer purchased in accordance with Subsection (1)(a) may be
1562 transported by the licensee from the place of purchase to the licensed premises.
1563 (c) Payment for wine and heavy beer shall be made in accordance with rules
1564 established by the commission.
1565 (2) (a) A limited restaurant licensee may not sell, serve, or allow consumption of
1566 spirituous liquor on the premises of the restaurant.
1567 (b) Spirituous liquor may not be on the premises of the restaurant except for use:
1568 (i) as a flavoring on desserts; and
1569 (ii) in the preparation of flaming food dishes, drinks, and desserts.
1570 (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
1571 exceed five ounces per glass or individual portion.
1572 (ii) An individual portion may be served to a patron in more than one glass as long as
1573 the total amount of wine does not exceed five ounces.
1574 (iii) An individual portion of wine is considered to be one alcoholic beverage under
1575 Subsection (7)(e).
1576 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
1577 fixed by the commission to tables of four or more persons.
1578 (ii) Wine may be sold and served in containers not exceeding 750 [
1579 prices fixed by the commission to tables of less than four persons.
1580 (c) A wine service may be performed and a service charge assessed by the limited
1581 restaurant as authorized by commission rule for wine purchased at the limited restaurant.
1582 (4) (a) Heavy beer may be served in original containers not exceeding one liter at prices
1583 fixed by the commission.
1584 (b) A service charge may be assessed by the limited restaurant as authorized by
1585 commission rule for heavy beer purchased at the restaurant.
1586 (5) (a) (i) Subject to Subsection (5)(a)(ii), a limited restaurant licensee may sell beer for
1587 on-premise consumption:
1588 (A) in an open container; and
1589 (B) on draft.
1590 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
1591 not exceed two liters, except that beer may not be sold to an individual patron in a size of
1592 container that exceeds one liter.
1593 (b) A limited restaurant licensee that sells beer pursuant to Subsection (5)(a):
1594 (i) may do so without obtaining a separate on-premise beer retailer license from the
1595 commission; and
1596 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
1597 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
1598 inconsistent with or less restrictive than the operational restrictions under this part.
1599 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
1600 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
1601 restaurant's:
1602 (i) limited restaurant license; and
1603 (ii) alcoholic beverage license issued by the local authority.
1604 (6) Wine, heavy beer, and beer may not be stored, served, or sold in any place other
1605 than as designated in the licensee's application, unless the licensee first applies for and receives
1606 approval from the department for a change of location within the restaurant.
1607 (7) (a) (i) A patron may only make alcoholic beverage purchases in the limited
1608 restaurant from and be served by a person employed, designated, and trained by the licensee to
1609 sell and serve alcoholic beverages.
1610 (ii) Notwithstanding Subsection (7)(a)(i), a patron who has purchased bottled wine
1611 from an employee of the restaurant or has carried bottled wine onto the premises of the
1612 restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the patron
1613 or others at the patron's table.
1614 (b) Alcoholic beverages shall be delivered by a server to the patron.
1615 (c) Any alcoholic beverage may only be consumed at the patron's table or counter.
1616 (d) Alcoholic beverages may not be served to or consumed by a patron at a bar.
1617 (e) Each restaurant patron may have no more than two alcoholic beverages of any kind
1618 at a time before the patron.
1619 (8) The alcoholic beverage storage area shall remain locked at all times other than
1620 those hours and days when alcoholic beverage sales are authorized by law.
1621 (9) (a) Wine and heavy beer may not be sold, offered for sale, served, or otherwise
1622 furnished at a limited restaurant during the following days or hours:
1623 (i) until after the polls are closed on the day of any:
1624 (A) regular general election;
1625 (B) regular primary election; or
1626 (C) statewide special election;
1627 (ii) until after the polls are closed on the day of any municipal, special district, or
1628 school election, but only:
1629 (A) within the boundaries of the municipality, special district, or school district; and
1630 (B) if required by local ordinance; and
1631 (iii) on any other day after 12 midnight and before 12 noon.
1632 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
1633 Licenses, for on-premise beer licensees.
1634 (10) Alcoholic beverages may not be sold except in connection with an order of food
1635 prepared, sold, and served at the restaurant.
1636 (11) Wine, heavy beer, and beer may not be sold, served, or otherwise furnished to any:
1637 (a) minor;
1638 (b) person actually, apparently, or obviously intoxicated;
1639 (c) known habitual drunkard; or
1640 (d) known interdicted person.
1641 (12) (a) (i) Wine and heavy beer may be sold only at prices fixed by the commission.
1642 (ii) Wine and heavy beer may not be sold at discount prices on any date or at any time.
1643 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverages
1644 to the licensee.
1645 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
1646 over consumption or intoxication.
1647 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
1648 hours of the limited restaurant's business day such as a "happy hour."
1649 (e) The sale or service of more than one alcoholic beverage for the price of a single
1650 alcoholic beverage is prohibited.
1651 (f) The sale or service of an indefinite or unlimited number of alcoholic beverages
1652 during any set period for a fixed price is prohibited.
1653 (g) A limited restaurant licensee may not engage in a public promotion involving or
1654 offering free alcoholic beverages to the general public.
1655 (13) Alcoholic beverages may not be purchased for a patron of the restaurant by:
1656 (a) the licensee; or
1657 (b) any employee or agent of the licensee.
1658 (14) (a) A person may not bring onto the premises of a limited restaurant licensee any
1659 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
1660 discretion of the licensee, bottled wine onto the premises of any limited restaurant licensee for
1661 on-premise consumption.
1662 (b) Except bottled wine under Subsection (14)(a), a limited restaurant licensee or its
1663 officers, managers, employees, or agents may not allow:
1664 (i) a person to bring onto the restaurant premises any alcoholic beverage for on-premise
1665 consumption; or
1666 (ii) consumption of any alcoholic beverage described in Subsection (14)(b)(i) on its
1667 premises.
1668 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
1669 or other representative of the licensee upon entering the restaurant.
1670 (d) A wine service may be performed and a service charge assessed by the restaurant as
1671 authorized by commission rule for wine carried in by a patron.
1672 (15) (a) Except as provided in Subsection (15)(b), a limited restaurant licensee and its
1673 employees may not permit a restaurant patron to carry from the restaurant premises an open
1674 container that:
1675 (i) is used primarily for drinking purposes; and
1676 (ii) contains any alcoholic beverage.
1677 (b) Notwithstanding Subsection (15)(a), a patron may remove the unconsumed
1678 contents of a bottle of wine if before removal the bottle has been recorked or recapped.
1679 (16) (a) A minor may not be employed by a limited restaurant licensee to sell or
1680 dispense alcoholic beverages.
1681 (b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may be
1682 employed to enter the sale at a cash register or other sales recording device.
1683 (17) An employee of a limited restaurant licensee, while on duty, may not:
1684 (a) consume an alcoholic beverage; or
1685 (b) be intoxicated.
1686 (18) A charge or fee made in connection with the sale, service, or consumption of wine
1687 or heavy beer may be stated in food or alcoholic beverage menus including:
1688 (a) a service charge; or
1689 (b) a chilling fee.
1690 (19) Each limited restaurant licensee shall display in a prominent place in the
1691 restaurant:
1692 (a) the license that is issued by the department; and
1693 (b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
1694 drugs is a serious crime that is prosecuted aggressively in Utah."
1695 [
1696
1697 [
1698
1699
1700
1701 [
1702
1703 [
1704
1705 [
1706
1707 [
1708
1709 [
1710
1711 [
1712
1713 [
1714
1715 [
1716
1717 [
1718
1719
1720 [
1721 [
1722
1723 [
1724
1725
1726
1727
1728
1729 [
1730
1731 [
1732 gambling, or have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
1733 Part 11, Gambling, on the premises of the restaurant.
1734 [
1735 record showing in detail:
1736 (i) quarterly expenditures made separately for:
1737 (A) wine;
1738 (B) heavy beer;
1739 (C) beer;
1740 (D) food; and
1741 (E) all other items required by the department; and
1742 (ii) sales made separately for:
1743 (A) wine;
1744 (B) heavy beer;
1745 (C) beer;
1746 (D) food; and
1747 (E) all other items required by the department.
1748 (b) The record required by Subsection [
1749 (i) in a form approved by the department; and
1750 (ii) current for each three-month period.
1751 (c) Each expenditure shall be supported by:
1752 (i) delivery tickets;
1753 (ii) invoices;
1754 (iii) receipted bills;
1755 (iv) canceled checks;
1756 (v) petty cash vouchers; or
1757 (vi) other sustaining data or memoranda.
1758 (d) In addition to the ledger or record maintained under Subsections [
1759 through (c), a limited restaurant licensee shall maintain accounting and other records and
1760 documents as the department may require.
1761 (e) Any restaurant or person acting for the restaurant, who knowingly forges, falsifies,
1762 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
1763 other documents of the restaurant required to be made, maintained, or preserved by this title or
1764 the rules of the commission for the purpose of deceiving the commission or department, or any
1765 of their officials or employees, is subject to:
1766 (i) the suspension or revocation of the limited restaurant's license; and
1767 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
1768 [
1769 period longer than 240 hours, unless:
1770 (i) the limited restaurant licensee notifies the department in writing at least seven days
1771 before the closing; and
1772 (ii) the closure or cessation of operation is first approved by the department.
1773 (b) Notwithstanding Subsection [
1774 immediate notice of closure shall be made to the department by telephone.
1775 (c) (i) Subject to Subsection [
1776 or cessation of operation for a period not to exceed 60 days.
1777 (ii) The department may extend the initial period an additional 30 days upon:
1778 (A) written request of the limited restaurant licensee; and
1779 (B) a showing of good cause.
1780 (iii) A closure or cessation of operation may not exceed a total of 90 days without
1781 commission approval.
1782 (d) Any notice required by Subsection [
1783 (i) the dates of closure or cessation of operation;
1784 (ii) the reason for the closure or cessation of operation; and
1785 (iii) the date on which the licensee will reopen or resume operation.
1786 (e) Failure of the licensee to provide notice and to obtain department authorization
1787 before closure or cessation of operation shall result in an automatic forfeiture of:
1788 (i) the license; and
1789 (ii) the unused portion of the license fee for the remainder of the license year effective
1790 immediately.
1791 (f) Failure of the licensee to reopen or resume operation by the approved date shall
1792 result in an automatic forfeiture of:
1793 (i) the license; and
1794 (ii) the unused portion of the license fee for the remainder of the license year.
1795 [
1796 restaurant business from the sale of food, which does not include service charges.
1797 [
1798 another, without prior written approval of the commission.
1799 [
1800 barter, give, or attempt in any way to dispose of the license to any other person whether for
1801 monetary gain or not.
1802 (b) A limited restaurant license has no monetary value for the purpose of any type of
1803 disposition.
1804 [
1805 licensee's establishment shall keep a written beverage tab for each table or group that orders or
1806 consumes alcoholic beverages on the premises.
1807 (b) The beverage tab required by Subsection [
1808 amount of alcoholic beverages ordered or consumed.
1809 [
1810 alcoholic beverages a condition of employment as a server with the restaurant.
1811 Section 19. Section 32A-4-401 is amended to read:
1812 32A-4-401. Commission's power to grant licenses -- Limitations.
1813 (1) (a) For purposes of this part:
1814 (i) "Banquet" means an event:
1815 (A) for which there is a contract:
1816 (I) between any person and a person listed in Subsection (1)(a)(i)(B); and
1817 (II) under which a person listed in Subsection (1)(a)(i)(B) is required to provide
1818 alcoholic beverages at the event;
1819 (B) held at one or more designated locations approved by the commission in or on the
1820 premises of a:
1821 (I) hotel;
1822 (II) resort facility;
1823 (III) sports center; or
1824 (IV) convention center; and
1825 (C) at which food and alcoholic beverages may be sold and served.
1826 (ii) "Convention center" is as defined by the commission by rule.
1827 (iii) "Hotel" is as defined by the commission by rule.
1828 (iv) "Resort facility" is as defined by the commission by rule.
1829 (v) "Room service" means service of alcoholic beverages to a guest room of a:
1830 (A) hotel; or
1831 (B) resort facility.
1832 (vi) "Sports center" is as defined by the commission by rule.
1833 (b) The commission may issue an on-premise banquet license to any of the following
1834 persons for the purpose of allowing the storage, sale, service, and consumption of alcoholic
1835 beverages in connection with that person's banquet and room service activities:
1836 (i) hotel;
1837 (ii) resort facility;
1838 (iii) sports center; or
1839 (iv) convention center.
1840 (c) This chapter is not intended to prohibit [
1841 of a person listed in Subsection (1) to the extent otherwise permitted by this title.
1842 (2) (a) Subject to this section, the total number of on-premise banquet licenses may not
1843 at any time aggregate more than that number determined by dividing the population of the state
1844 by 30,000.
1845 (b) For purposes of this Subsection (2), the population of the state shall be determined
1846 by:
1847 (i) the most recent United States decennial or special census; or
1848 (ii) any other population determination made by the United States or state
1849 governments.
1850 (3) Pursuant to a contract between the host of a banquet and an on-premise banquet
1851 licensee:
1852 (a) the host of a contracted banquet may request an on-premise banquet licensee to
1853 provide alcoholic beverages served at a banquet; and
1854 (b) an on-premise banquet licensee may provide the alcoholic beverages served at a
1855 banquet.
1856 (4) At a banquet, an on-premise banquet licensee may provide:
1857 (a) a hosted bar; or
1858 (b) a cash bar.
1859 (5) Nothing in this section shall prohibit a qualified on-premise banquet license
1860 applicant from applying for a package agency.
1861 (6) (a) The premises of an on-premise banquet license may not be established within
1862 600 feet of any public or private school, church, public library, public playground, or park, as
1863 measured by the method in Subsection [
1864 (b) The premises of an on-premise banquet license may not be established within 200
1865 feet of any public or private school, church, public library, public playground, or park,
1866 measured in a straight line from the nearest entrance of the proposed outlet to the nearest
1867 property boundary of the public or private school, church, public library, public playground, or
1868 park.
1869 (c) The restrictions contained in Subsections (6)(a) and (b) govern unless one of the
1870 following exemptions applies:
1871 (i) with respect to the establishment of an on-premise banquet license within any
1872 location, the commission may authorize a variance to reduce the proximity requirements of
1873 Subsection (6)(a) or (b) if:
1874 (A) the local [
1875 variance;
1876 (B) alternative locations for establishing an on-premise banquet license in the
1877 community are limited;
1878 (C) the variance is authorized after a public hearing [
1879 or county, and where practical in the neighborhood concerned; and
1880 (D) after giving full consideration to all of the attending circumstances and the policies
1881 stated in Subsections 32A-1-104 (3) and (4), the commission determines that establishing the
1882 license would not be detrimental to the public health, peace, safety, and welfare of the
1883 community; or
1884 (ii) with respect to the premises of any on-premise banquet license issued by the
1885 commission that undergoes a change of ownership, the commission may waive or vary the
1886 proximity requirements of Subsections (6)(a) and (b) in considering whether to grant an
1887 on-premise banquet license to the new owner of the premises if:
1888 (A) the premises previously received a variance reducing the proximity requirements of
1889 Subsection (6)(a) or (b); or
1890 (B) a variance from proximity or distance requirements was otherwise allowed under
1891 this title.
1892 [
1893 playground, or park, the 600 foot limitation described in Subsection (6)(a) is measured from
1894 the nearest entrance of the outlet by following the shortest route of ordinary pedestrian travel to
1895 the property boundary of the public or private school, church, public library, public playground,
1896 school playground, or park.
1897 [
1898 proximity of any educational, religious, and recreational facility, or any other relevant factor in
1899 reaching a decision on a proposed location.
1900 (b) For purposes of this Subsection [
1901 (i) a nursery school;
1902 (ii) an infant day care center; and
1903 (iii) a trade and technical school.
1904 Section 20. Section 32A-4-402 is amended to read:
1905 32A-4-402. Application and renewal requirements.
1906 (1) (a) A person seeking an on-premise banquet license under this part shall file a
1907 written application with the department, in a form prescribed by the department. The
1908 application shall be accompanied by:
1909 (i) a nonrefundable $250 application fee;
1910 (ii) an initial license fee of $500, which is refundable if a license is not granted;
1911 (iii) written consent of the local authority;
1912 (iv) a copy of the applicant's current business license;
1913 (v) evidence of proximity to any public or private school, church, public library, public
1914 playground, or park, and if the proximity is within the 600 foot or 200 foot limitation of
1915 [
1916 accordance with those subsections;
1917 (vi) a bond as specified by Section 32A-4-405 ;
1918 (vii) a description or floor plan and boundary map of the premises, where appropriate,
1919 of the on-premise banquet license applicant's location, designating:
1920 (A) the location at which the on-premise banquet license applicant proposes that
1921 alcoholic beverages be stored; and
1922 (B) the designated locations on the premises of the applicant from which the
1923 on-premise banquet license applicant proposes that alcoholic beverages be sold or served, and
1924 consumed;
1925 (viii) evidence that the on-premise banquet license applicant is carrying public liability
1926 insurance in an amount and form satisfactory to the department;
1927 (ix) evidence that the on-premise banquet license applicant is carrying dramshop
1928 insurance coverage of at least $500,000 per occurrence and $1,000,000 in the aggregate;
1929 (x) a signed consent form stating that the on-premise banquet license applicant will
1930 permit any authorized representative of the commission, department, or any law enforcement
1931 officer unrestricted right to enter the on-premise banquet premises;
1932 (xi) in the case of an applicant that is a partnership, corporation, or limited liability
1933 company, proper verification evidencing that the person or persons signing the on-premise
1934 banquet license application are authorized to so act on behalf of the partnership, corporation, or
1935 limited liability company; and
1936 (xii) any other information the commission or department may require.
1937 (b) An applicant need not meet the requirements of Subsections (1)(a)(i), (ii), (iii), (iv),
1938 and (vi) if the applicant is:
1939 (i) a state agency; or
1940 (ii) a political subdivision of the state including:
1941 (A) a county; or
1942 (B) a municipality.
1943 (2) Additional locations in or on the premises of an on-premise banquet license
1944 applicant's business from which the on-premise banquet license applicant may propose that
1945 alcoholic beverages may be stored, sold or served, or consumed, not included in the applicant's
1946 original application may be approved by the department upon proper application, in accordance
1947 with guidelines approved by the commission.
1948 (3) (a) All on-premise banquet licenses expire on October 31 of each year.
1949 (b) (i) Except as provided in Subsection (3)(b)(ii), a person desiring to renew that
1950 person's on-premise banquet license shall submit a renewal fee of $500 and a completed
1951 renewal application to the department no later than September 30.
1952 (ii) A licensee is not required to submit the renewal fee if the licensee is:
1953 (A) a state agency; or
1954 (B) a political subdivision of the state including:
1955 (I) a county; or
1956 (II) a municipality.
1957 (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of
1958 the license effective on the date the existing license expires.
1959 (d) Renewal applications shall be in a form as prescribed by the department.
1960 (4) To ensure compliance with Subsection 32A-4-406 [
1961 suspend or revoke an on-premise banquet license if the on-premise banquet licensee fails to
1962 immediately notify the department of any change in:
1963 (a) ownership of the licensee;
1964 (b) for a corporate owner, the:
1965 (i) corporate officers or directors; or
1966 (ii) shareholders holding at least 20% of the total issued and outstanding stock of the
1967 corporation; or
1968 (c) for a limited liability company:
1969 (i) managers; or
1970 (ii) members owning at least 20% of the limited liability company.
1971 Section 21. Section 32A-4-406 is amended to read:
1972 32A-4-406. Operational restrictions.
1973 Each person granted an on-premise banquet license and the employees and management
1974 personnel of the on-premise banquet licensee shall comply with this title, the rules of the
1975 commission, and the following conditions and requirements. Failure to comply may result in a
1976 suspension or revocation of the license or other disciplinary action taken against individual
1977 employees or management personnel.
1978 (1) A person involved in the sale or service of alcoholic beverages under the
1979 on-premise banquet license shall:
1980 (a) be under the supervision and direction of the on-premise banquet licensee; and
1981 (b) complete the seminar provided for in Section 62A-15-401 .
1982 (2) (a) Liquor may not be purchased by the on-premise banquet licensee except from
1983 state stores or package agencies.
1984 (b) Liquor purchased in accordance with Subsection (2)(a) may be transported by the
1985 on-premise banquet licensee from the place of purchase to the licensed premises.
1986 (c) Payment for liquor shall be made in accordance with rules established by the
1987 commission.
1988 (3) Alcoholic beverages may be sold or provided at a banquet subject to the restrictions
1989 set forth in this Subsection (3).
1990 (a) An on-premise banquet licensee may sell or provide any primary spirituous liquor
1991 only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
1992 dispensing system approved by the department in accordance with commission rules adopted
1993 under this title, except that:
1994 (i) spirituous liquor need not be dispensed through a calibrated metered dispensing
1995 system if used as a secondary flavoring ingredient in a beverage subject to the following
1996 restrictions:
1997 (A) the secondary ingredient may be dispensed only in conjunction with the purchase
1998 of a primary spirituous liquor;
1999 (B) the secondary ingredient may not be the only spirituous liquor in the beverage;
2000 (C) the on-premise banquet licensee shall designate a location where flavorings are
2001 stored on the floor plan provided to the department; and
2002 (D) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
2003 (ii) spirituous liquor need not be dispensed through a calibrated metered dispensing
2004 system if used:
2005 (A) as a flavoring on desserts; and
2006 (B) in the preparation of flaming food dishes, drinks, and desserts;
2007 (iii) each attendee may have no more than 2.75 ounces of spirituous liquor at a time
2008 before the attendee; and
2009 (iv) each attendee may have no more than one spirituous liquor drink at a time before
2010 the attendee.
2011 (b) (i) (A) Wine may be sold and served by the glass or an individual portion not to
2012 exceed five ounces per glass or individual portion.
2013 (B) An individual portion may be served to an attendee in more than one glass as long
2014 as the total amount of wine does not exceed five ounces.
2015 (C) An individual portion of wine is considered to be one alcoholic beverage under
2016 Subsection (5)(c).
2017 (ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed
2018 by the commission.
2019 (iii) A wine service may be performed and a service charge assessed by the on-premise
2020 banquet licensee as authorized by commission rule for wine purchased on the banquet
2021 premises.
2022 (c) (i) Heavy beer may be served in original containers not exceeding one liter at prices
2023 fixed by the commission.
2024 (ii) A service charge may be assessed by the on-premise banquet licensee as authorized
2025 by commission rule for heavy beer purchased on the banquet premises.
2026 (d) (i) Except as provided in Subsection (3)(d)(ii), beer may be sold and served for
2027 on-premise consumption:
2028 (A) in an open container; and
2029 (B) on draft.
2030 (ii) Beer sold pursuant to Subsection (3)(d)(i) shall be in a size of container that does
2031 not exceed two liters, except that beer may not be sold to an individual attendee in a container
2032 size that exceeds one liter.
2033 (4) Alcoholic beverages may not be stored, served, or sold in any place other than as
2034 designated in the on-premise banquet licensee's application, except that additional locations in
2035 or on the premises of an on-premise banquet licensee may be approved in accordance with
2036 guidelines approved by the commission as provided in Subsection 32A-4-402 (2).
2037 (5) (a) An attendee may only make alcoholic beverage purchases from and be served by
2038 a person employed, designated, and trained by the on-premise banquet licensee to sell and
2039 serve alcoholic beverages.
2040 (b) Notwithstanding Subsection (5)(a), an attendee who has purchased bottled wine
2041 from an employee of the on-premise banquet licensee may thereafter serve wine from the bottle
2042 to the attendee or others at the attendee's table.
2043 (c) Each attendee may have no more than two alcoholic beverages of any kind at a time
2044 before the attendee.
2045 (6) The alcoholic beverage storage area shall remain locked at all times other than
2046 those hours and days when alcoholic beverage sales are authorized by law.
2047 (7) (a) Except as provided in Subsection (7)(b), alcoholic beverages may be offered for
2048 sale, sold, served, or otherwise furnished from 10 a.m. to 1 a.m. seven days a week:
2049 (i) at a banquet; or
2050 (ii) in connection with room service.
2051 (b) Notwithstanding Subsection (7)(a), a sale or service of [
2052 may not occur at a banquet or in connection with room service until after the polls are closed
2053 on the day of:
2054 (i) a regular general election;
2055 (ii) a regular primary election; or
2056 (iii) a statewide special election.
2057 (8) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
2058 (a) minor;
2059 (b) person actually, apparently, or obviously intoxicated;
2060 (c) known habitual drunkard; or
2061 (d) known interdicted person.
2062 (9) (a) (i) Liquor may be sold only at prices fixed by the commission.
2063 (ii) Liquor may not be sold at discount prices on any date or at any time.
2064 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
2065 to the licensee.
2066 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
2067 over consumption or intoxication.
2068 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
2069 hours of the on-premise banquet licensee's business day such as a "happy hour."
2070 (e) The sale or service of more than one alcoholic beverage for the price of a single
2071 alcoholic beverage is prohibited.
2072 (f) An on-premise banquet licensee may not engage in a public promotion involving or
2073 offering free alcoholic beverages to the general public.
2074 (10) Alcoholic beverages may not be purchased for an attendee by:
2075 (a) the on-premise banquet licensee; or
2076 (b) any employee or agent of the on-premise banquet licensee.
2077 (11) An attendee of a banquet may not bring any alcoholic beverage into or onto, or
2078 remove any alcoholic beverage from the premises of a banquet.
2079 (12) (a) Except as otherwise provided in this title, the sale and service of alcoholic
2080 beverages by an on-premise banquet licensee at a banquet shall be made only for consumption
2081 at the location of the banquet.
2082 (b) The host of a banquet, an attendee, or any other person other than the on-premise
2083 banquet licensee or its employees, may not remove any alcoholic beverage from the premises
2084 of the banquet.
2085 (13) An on-premise banquet licensee employee shall remain at the banquet at all times
2086 when alcoholic beverages are being sold, served, or consumed at the banquet.
2087 (14) (a) An on-premise banquet licensee may not leave any unsold alcoholic beverages
2088 at the banquet following the conclusion of the banquet.
2089 (b) At the conclusion of a banquet, the on-premise banquet licensee or its employees,
2090 shall:
2091 (i) destroy any opened and unused alcoholic beverages that are not saleable, under
2092 conditions established by the department; and
2093 (ii) return to the on-premise banquet licensee's approved locked storage area any:
2094 (A) opened and unused alcoholic beverage that is saleable; and
2095 (B) unopened containers of alcoholic beverages.
2096 (15) Except as provided in Subsection (14), any open or sealed container of alcoholic
2097 beverages not sold or consumed at a banquet:
2098 (a) shall be stored by the on-premise banquet licensee in the licensee's approved locked
2099 storage area; and
2100 (b) may be used at more than one banquet.
2101 (16) An on-premise banquet licensee may not employ a minor to sell, serve, dispense,
2102 or otherwise furnish alcoholic beverages in connection with the licensee's banquet and room
2103 service activities.
2104 (17) An employee of an on-premise banquet licensee, while on duty, may not:
2105 (a) consume an alcoholic beverage; or
2106 (b) be intoxicated.
2107 (18) An on-premise banquet licensee shall prominently display at each banquet at
2108 which alcoholic beverages are sold or served:
2109 (a) a copy of the licensee's on-premise banquet license; and
2110 (b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
2111 drugs is a serious crime that is prosecuted aggressively in Utah."
2112 [
2113
2114 [
2115
2116
2117
2118 [
2119
2120 [
2121
2122 [
2123
2124 [
2125
2126 [
2127
2128 [
2129
2130 [
2131
2132 [
2133
2134 [
2135
2136
2137 [
2138 [
2139
2140 [
2141
2142
2143
2144
2145 [
2146
2147 [
2148 gambling, or have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
2149 Part 11, Gambling, on the premises of the:
2150 (a) hotel;
2151 (b) resort facility;
2152 (c) sports center; or
2153 (d) convention center.
2154 [
2155 other records and documents as the commission or department may require.
2156 (b) An on-premise banquet licensee or person acting for the on-premise banquet
2157 licensee, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the
2158 entries in any of the books of account or other documents of the on-premise banquet licensee
2159 required to be made, maintained, or preserved by this title or the rules of the commission for
2160 the purpose of deceiving the commission or department, or any of their officials or employees,
2161 is subject to:
2162 (i) the suspension or revocation of the on-premise banquet license; and
2163 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
2164 [
2165 banquet licensee shall provide the department with advance notice of a scheduled banquet in
2166 accordance with rules made by the commission in accordance with Title 63, Chapter 46a, Utah
2167 Administrative Rulemaking Act.
2168 (b) The advance notice required by Subsection [
2169 of the following the opportunity to conduct a random inspection of a banquet:
2170 (i) an authorized representative of the commission or the department; or
2171 (ii) a law enforcement officer.
2172 [
2173 annual banquet gross receipts from the sale of food, not including:
2174 (a) mix for alcoholic beverages; and
2175 (b) charges in connection with the service of alcoholic beverages.
2176 [
2177 location to another without prior written approval of the commission.
2178 [
2179 barter, give, or attempt in any way to dispose of the license to any other person, whether for
2180 monetary gain or not.
2181 (b) An on-premise banquet license has no monetary value for the purpose of any type
2182 of disposition.
2183 [
2184 facility shall be provided in person by an on-premise banquet licensee employee only to an
2185 adult guest in the guest room.
2186 (b) Alcoholic beverages may not be left outside a guest room for retrieval by a guest.
2187 (c) An on-premise banquet licensee may only provide alcoholic beverages for room
2188 service in sealed containers.
2189 Section 22. Section 32A-5-102 is amended to read:
2190 32A-5-102. Application and renewal requirements.
2191 (1) A club seeking a class A, B, C, or D private club license under this chapter shall
2192 file a written application with the department in a form prescribed by the department. The
2193 application shall be accompanied by:
2194 (a) a nonrefundable $250 application fee;
2195 (b) an initial license fee of $2,500, which is refundable if a license is not granted;
2196 (c) written consent of the local authority;
2197 (d) a copy of the applicant's current business license;
2198 (e) evidence of proximity to any public or private school, church, public library, public
2199 playground, or park, and if the proximity is within the 600 foot or 200 foot limitations of
2200 Subsections 32A-5-101 (7) and (8), the application shall be processed in accordance with those
2201 subsections;
2202 (f) evidence that the applicant operates a club where a variety of food is prepared and
2203 served in connection with dining accommodations;
2204 (g) a bond as specified by Section 32A-5-106 ;
2205 (h) a floor plan of the club premises, including consumption areas and the area where
2206 the applicant proposes to keep and store liquor;
2207 (i) evidence that the club is carrying public liability insurance in an amount and form
2208 satisfactory to the department;
2209 (j) evidence that the club is carrying dramshop insurance coverage of at least $500,000
2210 per occurrence and $1,000,000 in the aggregate;
2211 (k) a copy of the club's bylaws or house rules, and any amendments to those
2212 documents, which shall be kept on file with the department at all times;
2213 (l) a signed consent form stating that the club and its management will permit any
2214 authorized representative of the commission, department, or any law enforcement officer
2215 unrestricted right to enter the club premises;
2216 (m) (i) a statement as to whether the private club is seeking to qualify as a class A, B,
2217 C, or D private club licensee; and
2218 (ii) evidence that the private club meets the requirements for the classification for
2219 which the club is applying;
2220 (n) in the case of a partnership, corporation, or limited liability company applicant,
2221 proper verification evidencing that the person or persons signing the private club application
2222 are authorized to so act on behalf of the partnership, corporation, or limited liability company;
2223 and
2224 (o) any other information the commission or department may require.
2225 (2) (a) The commission may refuse to issue a license if the commission determines that
2226 any provisions of the club's bylaws or house rules, or amendments to those documents are not:
2227 (i) reasonable; and
2228 (ii) consistent with:
2229 (A) the declared nature and purpose of the applicant; and
2230 (B) the purposes of this chapter.
2231 (b) Club bylaws or house rules shall include provisions respecting the following:
2232 (i) standards of eligibility for members;
2233 (ii) limitation of members, consistent with the nature and purpose of the private club;
2234 (iii) the period for which dues are paid, and the date upon which the period expires;
2235 (iv) provisions for dropping members for the nonpayment of dues or other cause; and
2236 (v) provisions for guests or visitors, if any, and for the issuance and use of visitor
2237 cards.
2238 (3) (a) All private club licenses expire on June 30 of each year.
2239 (b) A person desiring to renew that person's private club license shall submit by no later
2240 than May 31:
2241 (i) a completed renewal application to the department; and
2242 (ii) a renewal fee in the following amount:
2243 Gross Cost of Liquor in Previous License Year for the Licensee Renewal Fee
2244 under $10,000 $1,000
2245 equals or exceeds $10,000 but less than $25,000 $1,250
2246 equals or exceeds $25,000 but less than $75,000 $1,750
2247 equals or exceeds $75,000 $2,250[
2248 (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of
2249 the license effective on the date the existing license expires.
2250 (d) Renewal applications shall be in a form as prescribed by the department.
2251 (4) To ensure compliance with Subsection 32A-5-107 [
2252 suspend or revoke any private club license if the private club licensee does not immediately
2253 notify the department of any change in:
2254 (a) ownership of the club;
2255 (b) for a corporate owner, the:
2256 (i) corporate officers or directors; or
2257 (ii) shareholders holding at least 20% of the total issued and outstanding stock of the
2258 corporation; or
2259 (c) for a limited liability company:
2260 (i) managers; or
2261 (ii) members owning at least 20% of the limited liability company.
2262 Section 23. Section 32A-5-107 is amended to read:
2263 32A-5-107. Operational restrictions.
2264 Each club granted a private club license and the employees, management personnel, and
2265 members of the club shall comply with the following conditions and requirements. Failure to
2266 comply may result in a suspension or revocation of the license or other disciplinary action
2267 taken against individual employees or management personnel.
2268 (1) Each private club shall have a governing body that:
2269 (a) consists of three or more members of the club; and
2270 (b) holds regular meetings to:
2271 (i) review membership applications; and
2272 (ii) conduct any other business as required by the bylaws or house rules of the private
2273 club.
2274 (2) (a) Each private club may admit an individual as a member only on written
2275 application signed by the applicant, subject to:
2276 (i) the applicant paying an application fee as required by Subsection (4); and
2277 (ii) investigation, vote, and approval of a quorum of the governing body.
2278 (b) (i) Admissions shall be recorded in the official minutes of a regular meeting of the
2279 governing body.
2280 (ii) An application, whether approved or disapproved, shall be filed as a part of the
2281 official records of the licensee.
2282 (c) Notwithstanding Subsection (2)(a), a private club, in its discretion, may admit an
2283 applicant and immediately accord the applicant temporary privileges of a member until the
2284 governing body completes its investigation and votes on the application, subject to the
2285 following conditions:
2286 (i) the applicant shall:
2287 (A) submit a written application; and
2288 (B) pay the application fee required by Subsection (4);
2289 (ii) the governing body votes on the application at its next meeting which shall take
2290 place no later than 31 days following the day on which the application was submitted; and
2291 (iii) the applicant's temporary membership privileges are terminated if the governing
2292 body disapproves the application.
2293 (d) The spouse of a member of any class of private club is entitled to all the rights and
2294 privileges of the member:
2295 (i) to the extent permitted by the bylaws or house rules of the private club; and
2296 (ii) except to the extent restricted by this title.
2297 (e) The minor child of a member of a class A private club is entitled to all the rights
2298 and privileges of the member:
2299 (i) to the extent permitted by the bylaws or house rules of the private club; and
2300 (ii) except to the extent restricted by this title.
2301 (3) (a) Each private club shall maintain a current and complete membership record
2302 showing:
2303 (i) the date of application of each proposed member;
2304 (ii) each member's address;
2305 (iii) the date the governing body approved a member's admission;
2306 (iv) the date initiation fees and dues were assessed and paid; and
2307 (v) the serial number of the membership card issued to each member.
2308 (b) A current record shall also be kept indicating when members are dropped or
2309 resigned.
2310 (4) (a) Each private club shall establish in the club bylaws or house rules application
2311 fees and membership dues:
2312 (i) as established by commission rules; and
2313 (ii) which are collected from all members.
2314 (b) An application fee:
2315 (i) shall not be less than $4;
2316 (ii) shall be paid when the applicant applies for membership; and
2317 (iii) at the discretion of the private club, may be credited toward membership dues if
2318 the governing body approves the applicant as a member.
2319 (5) (a) Each private club may, in its discretion, allow an individual to be admitted to or
2320 use the club premises as a guest only under the following conditions:
2321 (i) each guest must be previously authorized by one of the following who agrees to host
2322 the guest into the club:
2323 (A) an active member of the club; or
2324 (B) a holder of a current visitor card;
2325 (ii) each guest must be known by the guest's host based on a preexisting bonafide
2326 business or personal relationship with the host prior to the guest's admittance to the club;
2327 (iii) each guest must be accompanied by the guest's host for the duration of the guest's
2328 visit to the club;
2329 (iv) each guest's host must remain on the club premises for the duration of the guest's
2330 visit to the club;
2331 (v) each guest's host is responsible for the cost of all services extended to the guest;
2332 (vi) each guest enjoys only those privileges derived from the guest's host for the
2333 duration of the guest's visit to the club;
2334 (vii) an employee of the club, while on duty, may not act as a host for a guest;
2335 (viii) an employee of the club, while on duty, may not attempt to locate a member or
2336 current visitor card holder to serve as a host for a guest with whom the member or visitor card
2337 holder has no acquaintance based on a preexisting bonafide business or personal relationship
2338 prior to the guest's arrival at the club; and
2339 (ix) a club and its employees may not enter into an agreement or arrangement with a
2340 club member or holder of a current visitor card to indiscriminately host members of the general
2341 public into the club as guests.
2342 (b) Notwithstanding Subsection (5)(a), previous authorization is not required if:
2343 (i) the licensee is a class B private club; and
2344 (ii) the guest is a member of the same fraternal organization as the private club
2345 licensee.
2346 (6) Each private club may, in its discretion, issue visitor cards to allow individuals to
2347 enter and use the club premises on a temporary basis under the following conditions:
2348 (a) each visitor card shall be issued for a period not to exceed three weeks;
2349 (b) a fee of not less than $4 shall be assessed for each visitor card issued;
2350 (c) a visitor card shall not be issued to a minor;
2351 (d) a holder of a visitor card may not host more than seven guests at one time;
2352 (e) each visitor card issued shall include:
2353 (i) the visitor's full name and signature;
2354 (ii) the date the card was issued;
2355 (iii) the date the card expires;
2356 (iv) the club's name; and
2357 (v) the serial number of the card; and
2358 (f) (i) the club shall maintain a current record of the issuance of each visitor card on the
2359 club premises; and
2360 (ii) the record described in Subsection (6)(f)(i) shall:
2361 (A) be available for inspection by the department; and
2362 (B) include:
2363 (I) the name of the person to whom the card was issued;
2364 (II) the date the card was issued;
2365 (III) the date the card expires; and
2366 (IV) the serial number of the card.
2367 (7) A private club may not sell alcoholic beverages to or allow any patron to be
2368 admitted to or use the club premises other than:
2369 (a) a member;
2370 (b) a visitor who holds a valid visitor card issued under Subsection (6); or
2371 (c) a guest of:
2372 (i) a member; or
2373 (ii) a holder of a current visitor card.
2374 (8) (a) A minor may not be:
2375 (i) a member, officer, director, or trustee of a private club;
2376 (ii) issued a visitor card;
2377 [
2378
2379 [
2380 defined by commission rule, of any private club except to the extent authorized under
2381 Subsection (8)(c)(ii); [
2382 [
2383 [
2384
2385 [
2386
2387 (B) when a sexually oriented entertainer is performing on the premises; or
2388 (v) admitted into, use, or be on the premises of a class D private club except to the
2389 extent authorized under Subsections (8)(b) through (g).
2390 (b) [
2391 private club, a minor may be admitted into, use, or be on the premises of a class D private club
2392 under the following circumstances:
2393 (i) during periods when no alcoholic beverages are sold, served, otherwise furnished,
2394 or consumed on the premises, but in no event later than 1 p.m.;
2395 (ii) when accompanied at all times by a member or holder of a current visitor card who
2396 is the minor's parent, legal guardian, or spouse; and
2397 (iii) the private club has a full kitchen and is licensed by the local jurisdiction as a food
2398 service provider.
2399 (c) A minor may be employed by a class D private club on the premises of the club if:
2400 (i) the parent or legal guardian of the minor owns or operates the class D private club;
2401 or
2402 (ii) the minor performs maintenance and cleaning services during the hours when the
2403 club is not open for business.
2404 (d) (i) Subject to Subsection (8)(d)(ii), a minor who is at least 18 years of age may be
2405 admitted into, use, or be on the premises of a dance or concert hall if:
2406 (A) the dance or concert hall is located:
2407 (I) on the premises of a class D private club; or
2408 (II) on the property that immediately adjoins the premises of and is operated by a class
2409 D private club; and
2410 (B) the commission has issued the class D private club a permit to operate a minor
2411 dance or concert hall based on the criteria described in Subsection (8)(d)(iii).
2412 (ii) If the dance or concert hall is located on the premises of a class D private club, a
2413 minor must be properly hosted in accordance with Subsection (5) by:
2414 (A) a member; or
2415 (B) a holder of a current visitor card.
2416 (iii) The commission may issue a minor dance or concert hall permit if:
2417 (A) the club's lounge, bar, and alcoholic beverage consumption area is:
2418 (I) not accessible to minors;
2419 (II) clearly defined; and
2420 (III) separated from the dance or concert hall area by walls, multiple floor levels, or
2421 other substantial physical barriers;
2422 (B) any bar or dispensing area is not visible to minors;
2423 (C) no consumption of alcoholic beverages may occur in:
2424 (I) the dance or concert hall area; or
2425 (II) any area of the club accessible to a minor;
2426 (D) the club maintains sufficient security personnel to prevent the passing of beverages
2427 from the club's lounge, bar, or alcoholic beverage consumption areas to:
2428 (I) the dance or concert hall area; or
2429 (II) any area of the club accessible to a minor;
2430 (E) there are separate entrances, exits, and restroom facilities from the club's lounge,
2431 bar, and alcoholic beverage consumption areas than for:
2432 (I) the dance or concert hall area; or
2433 (II) any area accessible to a minor; and
2434 (F) the club complies with any other restrictions imposed by the commission by rule.
2435 (e) A minor under 18 years of age who is accompanied at all times by a parent or legal
2436 guardian who is a member or holder of a current visitor card may be admitted into, use, or be
2437 on the premises of a concert hall described in Subsection (8)(d)(i) if:
2438 (i) all requirements of Subsection (8)(d) are met; and
2439 (ii) all signage, product, and dispensing equipment containing recognition of alcoholic
2440 beverages is not visible to the minor.
2441 (f) A minor under 18 years of age but who is 14 years of age or older who is not
2442 accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of
2443 a concert hall described in Subsection (8)(d)(i) if:
2444 (i) all requirements of Subsections (8)(d) and (8)(e)(ii) are met; and
2445 (ii) there is no alcoholic beverage, sales, service, or consumption on the premises of the
2446 class D private club.
2447 (g) The commission may suspend or revoke a minor dance or concert permit issued to
2448 a class D private club and suspend or revoke the license of the class D private club if:
2449 (i) the club fails to comply with the restrictions in Subsection (8)(d), (e), or (f);
2450 (ii) the club sells, serves, or otherwise furnishes alcoholic beverages to a minor;
2451 (iii) the licensee or a supervisory or managerial level employee of the private club is
2452 convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities
2453 that occurred on:
2454 (A) the licensed premises; or
2455 (B) the dance or concert hall that is located on property that immediately adjoins the
2456 premises of and is operated by the class D private club;
2457 (iv) there are three or more convictions of patrons of the private club under Title 58,
2458 Chapter 37, Utah Controlled Substances Act, based on activities that occurred on:
2459 (A) the licensed premises; or
2460 (B) the dance or concert hall that is located on property that immediately adjoins the
2461 premises of and is operated by the class D private club;
2462 (v) there is more than one conviction:
2463 (A) of:
2464 (I) the licensee;
2465 (II) an employee of the licensee;
2466 (III) an entertainer contracted by the licensee; or
2467 (IV) a patron of the private club; and
2468 (B) made on the basis of lewd acts or lewd entertainment prohibited by this title that
2469 occurred on:
2470 (I) the licensed premises; or
2471 (II) the dance or concert hall that is located on property that immediately adjoins the
2472 premises of and is operated by the class D private club; or
2473 (vi) the commission finds acts or conduct contrary to the public welfare and morals
2474 involving lewd acts or lewd entertainment prohibited by this title that occurred on:
2475 (A) the licensed premises; or
2476 (B) the dance or concert hall that is located on property that immediately adjoins the
2477 premises of and is operated by the class D private club.
2478 (h) Nothing in this Subsection (8) shall prohibit a class D private club from selling,
2479 serving, or otherwise furnishing alcoholic beverages in a dance or concert area located on the
2480 club premises on days and times when the club does not allow minors into those areas.
2481 (i) Nothing in Subsections (8)(a) through (g) precludes a local authority from being
2482 more restrictive of a minor's admittance to, use of, or presence on the premises of any private
2483 club.
2484 [
2485 [
2486 [
2487 [
2488 [
2489 detail all expenditures separated by payments for:
2490 (i) malt or brewed beverages;
2491 (ii) liquor;
2492 (iii) food;
2493 (iv) detailed payroll;
2494 (v) entertainment;
2495 (vi) rent;
2496 (vii) utilities;
2497 (viii) supplies; and
2498 (ix) all other expenditures.
2499 (b) The record required by this Subsection [
2500 (i) kept in a form approved by the department; and
2501 (ii) balanced each month.
2502 (c) Each expenditure shall be supported by:
2503 (i) delivery tickets;
2504 (ii) invoices;
2505 (iii) receipted bills;
2506 (iv) canceled checks;
2507 (v) petty cash vouchers; or
2508 (vi) other sustaining data or memoranda.
2509 (d) All invoices and receipted bills for the current calendar or fiscal year documenting
2510 purchases made by the club shall also be maintained.
2511 [
2512 by the club.
2513 (b) The minute book required by this Subsection [
2514 of all regular and special meetings of the governing body.
2515 (c) Membership lists shall also be maintained.
2516 [
2517 bylaws and current house rules.
2518 (b) Changes in the bylaws or house rules:
2519 (i) are not effective unless submitted to the department within ten days after adoption;
2520 and
2521 (ii) become effective 15 days after received by the department unless rejected by the
2522 department before the expiration of the 15-day period.
2523 [
2524 documents as the department may require.
2525 [
2526 alters, cancels, destroys, conceals, or removes the entries in any of the books of account or
2527 other documents of the club required to be made, maintained, or preserved by this title or the
2528 rules of the commission for the purpose of deceiving the commission or the department, or any
2529 of their officials or employees, is subject to:
2530 (a) the suspension or revocation of the club's license; and
2531 (b) possible criminal prosecution under Chapter 12, Criminal Offenses.
2532 [
2533 section and all other books, records, receipts, and disbursements maintained or used by the
2534 licensee, as the department requires, for a minimum period of three years.
2535 (b) All records, books, receipts, and disbursements are subject to inspection by
2536 authorized representatives of the commission and the department.
2537 (c) The club shall allow the department, through its auditors or examiners, to audit all
2538 records of the club at times the department considers advisable.
2539 (d) The department shall audit the records of the licensee at least once annually.
2540 [
2541 activities.
2542 [
2543 or conceals the club operation.
2544 (b) Any member of the commission, authorized department personnel, or any peace
2545 officer shall, upon presentation of credentials, be admitted immediately to the club and
2546 permitted without hindrance or delay to inspect completely the entire club premises and all
2547 books and records of the licensee, at any time during which the same are open for the
2548 transaction of business to its members.
2549 [
2550 clearly identify a club as being "a private club for members":
2551 (a) the private club;
2552 (b) the employees or agents of the private club; or
2553 (c) any person under a contract or agreement with the club.
2554 [
2555 beverages are sold, served, or consumed on the premises.
2556 [
2557 state stores or package agencies.
2558 (b) Liquor purchased in accordance with Subsection [
2559 by the licensee from the place of purchase to the licensed premises.
2560 (c) Payment for liquor shall be made in accordance with rules established by the
2561 commission.
2562 [
2563 only in a quantity not to exceed one ounce per beverage dispensed through a calibrated metered
2564 dispensing system approved by the department in accordance with commission rules adopted
2565 under this title, except that:
2566 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
2567 system if used as a secondary flavoring ingredient in a beverage subject to the following
2568 restrictions:
2569 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
2570 a primary spirituous liquor;
2571 (ii) the secondary ingredient is not the only spirituous liquor in the beverage;
2572 (iii) the private club licensee shall designate a location where flavorings are stored on
2573 the floor plan provided to the department; and
2574 (iv) all flavoring containers shall be plainly and conspicuously labeled "flavorings";
2575 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
2576 system if used:
2577 (i) as a flavoring on desserts; and
2578 (ii) in the preparation of flaming food dishes, drinks, and desserts; and
2579 (c) each club patron may have no more than 2.75 ounces of spirituous liquor at a time
2580 before the patron.
2581 [
2582 not to exceed five ounces per glass or individual portion.
2583 (ii) An individual portion may be served to a patron in more than one glass as long as
2584 the total amount of wine does not exceed five ounces.
2585 (iii) An individual portion of wine is considered to be one alcoholic beverage under
2586 Subsection [
2587 (b) (i) Wine may be sold and served in containers not exceeding 1.5 liters at prices
2588 fixed by the commission to tables of four or more persons.
2589 (ii) Wine may be sold and served in containers not exceeding 750 [
2590 prices fixed by the commission to tables of less than four persons.
2591 (c) A wine service may be performed and a service charge assessed by the private club
2592 as authorized by commission rule for wine purchased at the private club.
2593 [
2594 at prices fixed by the commission.
2595 (b) A service charge may be assessed by the private club for heavy beer purchased at
2596 the private club.
2597 [
2598 liquor may sell beer for on-premise consumption:
2599 (A) in an open container; and
2600 (B) on draft.
2601 (ii) Beer sold pursuant to Subsection [
2602 does not exceed two liters, except that beer may not be sold to an individual patron in a size of
2603 container that exceeds one liter.
2604 (b) (i) A private club licensed under this chapter that sells beer pursuant to Subsection
2605 [
2606 (A) may do so without obtaining a separate on-premise beer retailer license from the
2607 commission; and
2608 (B) shall comply with all appropriate operational restrictions under Chapter 10, Beer
2609 Retailer Licenses, that apply to on-premise beer retailers except when those restrictions are
2610 inconsistent with or less restrictive than the operational restrictions under this chapter.
2611 (ii) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
2612 Licenses, required by Subsection [
2613 the private club's:
2614 (A) state liquor license; and
2615 (B) alcoholic beverage license issued by the local authority.
2616 [
2617 than as designated in the licensee's application, unless the licensee first applies for and receives
2618 approval from the department for a change of location within the private club.
2619 [
2620 club from and be served by a person employed, designated, and trained by the licensee to sell,
2621 dispense, and serve alcoholic beverages.
2622 (b) Notwithstanding Subsection [
2623 wine from an employee of the private club or has carried bottled wine onto the premises of the
2624 private club pursuant to Subsection [
2625 patron or others at the patron's table.
2626 (c) Each club patron may have no more than two alcoholic beverages of any kind at a
2627 time before the patron.
2628 [
2629 hours and days when liquor sales and service are authorized by law.
2630 [
2631 at a private club during the following days or hours:
2632 (i) until after the polls are closed on the day of any:
2633 (A) regular general election;
2634 (B) regular primary election; or
2635 (C) statewide special election;
2636 (ii) until after the polls are closed on the day of any municipal, special district, or
2637 school election, but only:
2638 (A) within the boundaries of the municipality, special district, or school district; and
2639 (B) if required by local ordinance; and
2640 (iii) on any other day after 1 a.m. and before 10 a.m.
2641 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
2642 Licenses, for on-premise beer licenses.
2643 (c) (i) Notwithstanding Subsections [
2644 open for one hour after the private club ceases the sale and service of alcoholic beverages
2645 during which time a patron of the club may finish consuming:
2646 (A) any single drink containing spirituous liquor;
2647 (B) a single serving of wine not exceeding five ounces;
2648 (C) a single serving of heavy beer; or
2649 (D) a single serving of beer not exceeding 26 ounces.
2650 (ii) A club is not required to remain open:
2651 (A) after all patrons have vacated the premises; or
2652 (B) during an emergency.
2653 (d) Between the hours of 2 a.m. and 10 a.m. on any day a private club may not allow a
2654 patron to remain on the premises to consume alcoholic beverages on the premises.
2655 [
2656 (a) minor;
2657 (b) person actually, apparently, or obviously intoxicated;
2658 (c) known habitual drunkard; or
2659 (d) known interdicted person.
2660 [
2661 (ii) Liquor may not be sold at discount prices on any date or at any time.
2662 (b) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
2663 to the licensee.
2664 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
2665 over consumption or intoxication.
2666 (d) The price of a single serving of a primary spirituous liquor shall be the same
2667 whether served as a single drink or in conjunction with another alcoholic beverage.
2668 (e) An alcoholic beverage may not be sold at a special or reduced price for only certain
2669 hours of the private club's business day such as a "happy hour."
2670 (f) The sale or service of more than one alcoholic beverage for the price of a single
2671 alcoholic beverage is prohibited.
2672 (g) The sale or service of an indefinite or unlimited number of alcoholic beverages
2673 during any set period for a fixed price is prohibited.
2674 (h) A private club licensee may not engage in a promotion involving or offering free
2675 alcoholic beverages to patrons of the club.
2676 [
2677 by:
2678 (a) the licensee; or
2679 (b) any employee or agent of the licensee.
2680 [
2681 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
2682 discretion of the licensee, bottled wine onto the premises of any private club licensee for
2683 on-premise consumption.
2684 (b) Except bottled wine under Subsection [
2685 managers, employees, or agents may not allow:
2686 (i) a person to bring onto the private club premises any alcoholic beverage for
2687 consumption on the private club premises; or
2688 (ii) consumption of alcoholic beverages described in Subsection [
2689 premises of the private club.
2690 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
2691 or other representative of the licensee upon entering the private club.
2692 (d) A wine service may be performed and a service charge assessed by the private club
2693 as authorized by commission rule for wine carried in by a patron.
2694 [
2695 employees may not permit a patron of the club to carry from the club premises an open
2696 container that:
2697 (i) is used primarily for drinking purposes; and
2698 (ii) contains any alcoholic beverage.
2699 (b) A patron may remove the unconsumed contents of a bottle of wine if before
2700 removal the bottle has been recorked or recapped.
2701 [
2702 sell, dispense, or handle any alcoholic beverage.
2703 (b) Notwithstanding Subsection [
2704 may be employed by a class A or C private club to enter the sale at a cash register or other sales
2705 recording device.
2706 (c) Except to the extent authorized in Subsection (8)(c), a minor may not be employed
2707 by or be on the premises of any class D private club.
2708 (d) A minor may not be employed to work in any lounge or bar area of any class A, B,
2709 or C private club.
2710 [
2711 (a) consume an alcoholic beverage; or
2712 (b) be intoxicated.
2713 [
2714 or mixers unless:
2715 (i) the charges are fixed in the house rules of the club; and
2716 (ii) a copy of the house rules is kept on the club premises and available at all times for
2717 examination by patrons of the club.
2718 (b) A charge or fee made in connection with the sale, service, or consumption of liquor
2719 may be stated in food or alcoholic beverage menus including:
2720 (i) a set-up charge;
2721 (ii) a service charge; or
2722 (iii) a chilling fee.
2723 [
2724 club:
2725 (a) the private club license that is issued by the department;
2726 (b) a list of the types and brand names of liquor being served through its calibrated
2727 metered dispensing system; and
2728 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
2729 drugs is a serious crime that is prosecuted aggressively in Utah."
2730 [
2731
2732 [
2733
2734
2735
2736 [
2737
2738 [
2739
2740 [
2741
2742 [
2743
2744 [
2745
2746 [
2747
2748 [
2749
2750 [
2751
2752 [
2753
2754
2755 [
2756 [
2757
2758 [
2759
2760
2761
2762
2763
2764 [
2765
2766 [
2767 any video gaming device, as defined and proscribed in Title 76, Chapter 10, Part 11, Gambling,
2768 on the premises of the private club.
2769 [
2770 240 hours, unless:
2771 (i) the private club licensee notifies the department in writing at least seven days before
2772 the closing; and
2773 (ii) the closure or cessation of operation is first approved by the department.
2774 (b) Notwithstanding Subsection [
2775 immediate notice of closure shall be made to the department by telephone.
2776 (c) The department may authorize a closure or cessation of operation for a period not to
2777 exceed 60 days. The department may extend the initial period an additional 30 days upon
2778 written request of the private club and upon a showing of good cause. A closure or cessation of
2779 operation may not exceed a total of 90 days without commission approval.
2780 (d) The notice required by Subsection [
2781 (i) the dates of closure or cessation of operation;
2782 (ii) the reason for the closure or cessation of operation; and
2783 (iii) the date on which the licensee will reopen or resume operation.
2784 (e) Failure of the licensee to provide notice and to obtain department authorization
2785 prior to closure or cessation of operation shall result in an automatic forfeiture of:
2786 (i) the license; and
2787 (ii) the unused portion of the license fee for the remainder of the license year effective
2788 immediately.
2789 (f) Failure of the licensee to reopen or resume operation by the approved date shall
2790 result in an automatic forfeiture of:
2791 (i) the license; and
2792 (ii) the unused portion of the club's license fee for the remainder of the license year.
2793 [
2794 without prior written approval of the commission.
2795 [
2796 give, or attempt in any way to dispose of the license to any other person, whether for monetary
2797 gain or not.
2798 (b) A private club license has no monetary value for the purpose of any type of
2799 disposition.
2800 Section 24. Section 32A-6-301 is amended to read:
2801 32A-6-301. Application requirements.
2802 (1) Each application for an industrial or manufacturing use permit shall, in addition to
2803 the requirements of Section 32A-6-102 , include:
2804 (a) a nonrefundable $50 application fee;
2805 (b) a $200 one-time special use permit fee;
2806 (c) a cash or corporate surety bond in the penal sum of $1,000 payable to the
2807 department, which the permittee has procured and must maintain for so long as the permittee
2808 continues to operate as a special use permittee;
2809 (d) written consent of the local authority; and
2810 (e) a floor plan of the immediate area within the premises in which the applicant
2811 proposes that alcoholic products be stored, used, mixed, sold, or consumed.
2812 (2) (a) The bond required under Subsection (1) shall be:
2813 (i) in a form approved by the attorney general; and
2814 (ii) conditioned upon the permittee's faithful compliance with this title and the rules of
2815 the commission.
2816 (b) If the surety bond is cancelled due to the permittee's negligence, a $300
2817 reinstatement fee may be assessed.
2818 (c) No part of any cash or corporate bond [
2819 withdrawn during the period the permit is in effect.
2820 (d) A bond filed by a permittee may be forfeited if the permit is finally revoked.
2821 (3) Any person desiring a special use permit to produce gasohol or any alcoholic
2822 product shall provide evidence to the department that an approved Notice of Registration of
2823 Distilled Spirits Plant and the appropriate permit from the Federal Alcohol and Tobacco Tax
2824 and Trade Bureau [
2825 Section 25. Section 32A-6-302 is amended to read:
2826 32A-6-302. Operational restrictions.
2827 [
2828
2829 Section 32A-6-105 , each industrial or manufacturing use permit is subject to the following
2830 operating restrictions:
2831 (1) An industrial or manufacturer permittee may produce for lawful use and sale the
2832 following:
2833 (a) vinegar;
2834 (b) preserved nonintoxicating cider;
2835 (c) food preparations;
2836 (d) a United States Pharmacopoeia or national formulary preparation in conformity
2837 with Title 58, Chapters 17b, 37, 37a, 37b, and 37c, if the preparation:
2838 (i) conforms to standards established by:
2839 (A) the Department of Agriculture and Food; and
2840 (B) the Department of Health; and
2841 (ii) contains no more alcohol than is necessary to preserve or extract the medicinal,
2842 flavoring, or perfumed properties of the treated substances; and
2843 (e) wood and denatured alcohol if manufactured in compliance with the formulas and
2844 regulations under Title 27, Code of Federal Regulations, [
2845 Parts 19, 20, and 21.
2846 (2) (a) An industrial or manufacturer permittee that produces patent or proprietary
2847 medicines containing alcohol may sell the medicines in the original and unbroken package if
2848 the medicine contains sufficient medication to prevent its use as an alcoholic beverage.
2849 (b) An industrial or manufacturer permittee described in this Subsection (2) shall, upon
2850 request by the department, provide a sufficient sample of the medicine to enable the department
2851 to have the medicine analyzed for purposes of this section.
2852 Section 26. Section 32A-7-106 is amended to read:
2853 32A-7-106. Operational restrictions.
2854 (1) (a) Any organization granted a single event permit and any person involved in the
2855 storage, sale, or service of alcoholic beverages at the event for which the permit is issued, shall
2856 abide by:
2857 (i) this title;
2858 (ii) the rules of the commission; and
2859 (iii) the special conditions and requirements provided in this section.
2860 (b) Failure to comply with Subsection (1)(a):
2861 (i) may result in:
2862 (A) an immediate revocation of the permit;
2863 (B) forfeiture of the surety bond; and
2864 (C) immediate seizure of all alcoholic beverages present at the event; and
2865 (ii) disqualifies the organization from applying for a single event permit under this
2866 chapter, or a temporary special event beer permit under Chapter 10, Part 3, Temporary Special
2867 Event Beer Permits, for a period of three years from the date of revocation of the permit.
2868 (c) Any alcoholic beverages seized under this Subsection (1) shall be returned to the
2869 organization after the event if forfeiture proceedings are not instituted under Section
2870 32A-13-103 .
2871 (2) Special conditions and requirements for single event permittees include the
2872 following:
2873 (a) (i) All persons involved in the storage, sale, or service of alcoholic beverages at the
2874 event do so under the supervision and direction of the permittee.
2875 (ii) All persons involved in the sale or service of alcoholic beverages at the event may
2876 not, while on duty:
2877 (A) consume an alcoholic beverage; or
2878 (B) be intoxicated.
2879 (b) (i) All liquor stored, sold, served, and consumed at the event shall be purchased by
2880 the permittee from a state store or package agency.
2881 (ii) All beer purchased by the permittee shall be purchased from:
2882 (A) a licensed beer wholesaler; or
2883 (B) a licensed beer retailer.
2884 (iii) All alcoholic beverages are considered under the control of the permittee during
2885 the event.
2886 (iv) Attendees of the event may not bring any alcoholic beverages onto the premises of
2887 the event.
2888 (c) A permittee may not charge more than the maximum amount set forth in the permit
2889 for any alcoholic beverage.
2890 (d) Each permittee shall post in a prominent place in the area in which alcoholic
2891 beverages are being sold, served, and consumed, a copy of the permit, together with a list of the
2892 operational restrictions and requirements of single event permittees set forth in this section.
2893 (e) Alcoholic beverages purchased for the event may not be stored, sold, served, or
2894 consumed in any location other than that described in the application and designated on the
2895 permit unless the permittee first applies for and receives approval from the commission for a
2896 change of location.
2897 (f) (i) A single event permittee may sell or provide a primary spirituous liquor only in a
2898 quantity not to exceed one ounce per beverage except that additional spirituous liquor may be
2899 used in a beverage if:
2900 (A) used as a secondary flavoring ingredient;
2901 (B) used in conjunction with the primary spirituous liquor;
2902 (C) the secondary ingredient is not the only spirituous liquor in the beverage; and
2903 (D) each attendee may have no more than 2.75 ounces of spirituous liquor at a time
2904 before the attendee.
2905 (ii) Spirituous liquor need not be dispensed through a calibrated metered dispensing
2906 system.
2907 (g) (i) (A) Wine may be sold and served by the glass or an individual portion that does
2908 not exceed five ounces per glass or individual portion.
2909 (B) An individual portion may be served to an attendee in more than one glass as long
2910 as the total amount of wine does not exceed five ounces.
2911 (C) An individual portion of wine is considered to be one alcoholic beverage under
2912 Subsection (2)(p).
2913 (ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed
2914 by the commission.
2915 (iii) A wine service may be performed and a service charge assessed by the single event
2916 permittee as authorized by commission rule for wine purchased at the event.
2917 (h) (i) Heavy beer may be served in original containers not exceeding one liter at prices
2918 fixed by the commission.
2919 (ii) A service charge may be assessed by the single event permittee as authorized by
2920 commission rule for heavy beer purchased at the event.
2921 (i) (i) Subject to Subsection (2)(i)(ii), beer may be sold for on-premise consumption:
2922 (A) in an open container; and
2923 (B) on draft.
2924 (ii) Beer sold pursuant to Subsection (2)(i)(i) shall be in a size of container that does
2925 not exceed two liters, except that beer may not be sold to an individual attendee in a size of
2926 container that exceeds one liter.
2927 (j) (i) Alcoholic beverages may not be sold, served, or consumed between the hours of
2928 1 a.m. and 10 a.m.
2929 (ii) This Subsection (2)(j) does not preclude a local authority from being more
2930 restrictive with respect to the hours of sale, service, or consumption of alcoholic beverages at a
2931 temporary single event.
2932 (k) Alcoholic beverages may not be sold, served, or otherwise furnished until after the
2933 polls are closed on the day of any:
2934 (i) regular general election;
2935 (ii) regular primary election; or
2936 (iii) statewide special election.
2937 (l) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
2938 (i) minor;
2939 (ii) person actually, apparently, or obviously intoxicated;
2940 (iii) known habitual drunkard; or
2941 (iv) known interdicted person.
2942 (m) (i) (A) Liquor may be sold only at prices fixed by the commission.
2943 (B) Liquor may not be sold at discount prices on any date or at any time.
2944 (ii) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage
2945 to the permittee.
2946 (iii) An alcoholic beverage may not be sold at a price that encourages over
2947 consumption or intoxication.
2948 (iv) An alcoholic beverage may not be sold at a special or reduced price for only
2949 certain hours of the day of the permitted event.
2950 (v) The sale or service of more than one alcoholic beverage for the price of a single
2951 alcoholic beverage is prohibited.
2952 (vi) The permittee may not engage in a public promotion involving or offering free
2953 alcoholic beverages to the general public.
2954 (n) A single event permittee and its employees may not permit an attendee to carry
2955 from the premises an open container that:
2956 (i) is used primarily for drinking purposes; and
2957 (ii) contains any alcoholic beverage.
2958 (o) A minor may not sell, serve, dispense, or handle any alcoholic beverage at the
2959 event.
2960 (p) Each attendee may have no more than one alcoholic beverage of any kind at a time
2961 before the patron.
2962 [
2963
2964
2965 [
2966
2967
2968
2969 [
2970
2971 [
2972
2973 [
2974
2975 [
2976
2977 [
2978
2979 [
2980
2981 [
2982
2983 [
2984
2985 [
2986
2987
2988 [
2989 [
2990
2991 [
2992
2993
2994
2995
2996
2997
2998 [
2999
3000 [
3001 showing:
3002 (a) expenditures made for liquor and beer, set-ups, and other ingredients and
3003 components of alcoholic beverages; and
3004 (b) the revenue from sale of alcoholic beverages.
3005 [
3006 [
3007 have any video gaming device as defined and proscribed by Title 76, Chapter 10, Part 11,
3008 Gambling, on the premises serviced by the single event permittee.
3009 Section 27. Section 32A-8-102 is amended to read:
3010 32A-8-102. Application and renewal requirements.
3011 (1) Each person seeking an alcoholic beverage manufacturing license of any kind under
3012 this chapter shall file a written application with the department, in a form prescribed by the
3013 department. The application shall be accompanied by:
3014 (a) a nonrefundable application fee of $250;
3015 (b) an initial license fee of $3,250 unless otherwise provided in this chapter, which is
3016 refundable if a license is not granted;
3017 (c) a statement of the purpose for which the applicant has applied for the alcoholic
3018 beverage manufacturing license;
3019 (d) written consent of the local authority;
3020 (e) a bond as specified by Section 32A-8-105 ;
3021 (f) evidence that the applicant is carrying public liability insurance in an amount and
3022 form satisfactory to the department;
3023 (g) evidence that the applicant is authorized by the United States to manufacture
3024 alcoholic beverages;
3025 (h) a signed consent form stating that the licensee will permit any authorized
3026 representative of the commission, department, or any law enforcement officer to have
3027 unrestricted right to enter the premises;
3028 (i) in the case of an applicant that is a partnership, corporation, or limited liability
3029 company, proper verification evidencing that the person or persons signing the application are
3030 authorized to so act on behalf of the partnership, corporation, or limited liability company; and
3031 (j) any other documents and evidence the department may require by rule or policy to
3032 allow complete evaluation of the application.
3033 (2) (a) All alcoholic beverage manufacturing licenses expire on December 31 of each
3034 year.
3035 (b) Persons desiring to renew their license shall submit by no later than November 30
3036 of the year the license expires:
3037 (i) a completed renewal application to the department; and
3038 (ii) a renewal fee in the following amount:
3039 (A) $2,500, except for an alcoholic beverage manufacturing license described in
3040 Subsection (2)(b)(ii)(B); or
3041 (B) $1,200 for a winery license if the winery licensee produced less than 20,000
3042 gallons of wine in the calendar year preceding the year in which the licensee seeks renewal.
3043 (c) Failure to meet the renewal requirements results in an automatic forfeiture of the
3044 license effective on the date the existing license expires. Renewal applications shall be in a
3045 form prescribed by the department.
3046 (3) To ensure compliance with Subsection 32A-8-106 [
3047 suspend or revoke an alcoholic beverage manufacturing license if the manufacturing licensee
3048 does not immediately notify the department of any change in:
3049 (a) ownership of the licensee;
3050 (b) for a corporate owner, the:
3051 (i) corporate officers or directors; or
3052 (ii) shareholders holding at least 20% of the total issued and outstanding stock of the
3053 corporation; or
3054 (c) for a limited liability company:
3055 (i) managers; or
3056 (ii) members owning at least 20% of the limited liability company.
3057 Section 28. Section 32A-8-106 is amended to read:
3058 32A-8-106. Operational restrictions.
3059 [
3060 employees and management of the licensee shall abide by the following conditions and
3061 requirements, and any special conditions and restrictions otherwise provided in this chapter.
3062 Failure to comply may result in a suspension or revocation of the license or other disciplinary
3063 action taken against individual employees or management personnel[
3064 [
3065 and to military installations.
3066 [
3067 licensed premises.
3068 [
3069 federal or state law, except that nothing in this title prohibits the advertising or solicitation of
3070 orders for industrial alcohol from holders of special permits.
3071 [
3072 and other records and documents as the department may require. [
3073 (b) A manufacturing licensee or person acting for the manufacturing licensee, who
3074 knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the entries in any of
3075 the books of account or other documents of the licensee required to be made, maintained, or
3076 preserved by this title or the rules of the commission for the purpose of deceiving the
3077 commission, or the department, or any of their officials or employees, is subject to:
3078 (i) the immediate suspension or revocation of the manufacturing license; and
3079 (ii) criminal prosecution under Chapter 12, Criminal Offenses.
3080 [
3081 location to another, without prior written approval of the commission.
3082 [
3083 barter, give, or attempt in any way to dispose of the license to any other person or entity,
3084 whether for monetary gain or not.
3085 [
3086 disposition.
3087 [
3088 for analytical purposes samples of the alcoholic products that it has for sale or that it has in the
3089 course of manufacture for sale in this state.
3090 [
3091
3092
3093
3094
3095
3096 [
3097
3098
3099
3100