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S.B. 168
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8 LONG TITLE
9 General Description:
10 This bill modifies the Alcoholic Beverage Control Act to address restrictions related to
11 offering, selling, serving, furnishing, or consuming an alcoholic beverage.
12 Highlighted Provisions:
13 This bill:
14 . modifies provisions related to hour restrictions and restaurant licensees;
15 . modifies provisions related to hour restrictions and limited restaurant licensees; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 32A-4-106, as last amended by Laws of Utah 2008, Chapters 266 and 391
24 32A-4-307, as last amended by Laws of Utah 2008, Chapters 266 and 391
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 32A-4-106 is amended to read:
28 32A-4-106. Operational restrictions.
29 A person granted a restaurant liquor license and the employees and management
30 personnel of the restaurant shall comply with the following conditions and requirements.
31 Failure to comply may result in a suspension or revocation of the restaurant liquor license or
32 other disciplinary action taken against individual employees or management personnel.
33 (1) (a) Liquor may not be purchased by a restaurant liquor licensee except from a state
34 store or package agency.
35 (b) Liquor purchased from a state store or package agency may be transported by the
36 restaurant liquor licensee from the place of purchase to the licensed premises.
37 (c) Payment for liquor shall be made in accordance with rules established by the
38 commission.
39 (2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in
40 a quantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metered
41 dispensing system approved by the department in accordance with commission rules adopted
42 under this title, except that:
43 (a) spirituous liquor need not be dispensed through a calibrated metered dispensing
44 system if used as a secondary flavoring ingredient in a beverage subject to the following
45 restrictions:
46 (i) the secondary ingredient may be dispensed only in conjunction with the purchase of
47 a primary spirituous liquor;
48 (ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
49 (iii) the restaurant liquor licensee shall designate a location where flavorings are stored
50 on the floor plan provided to the department; and
51 (iv) a flavoring container shall be plainly and conspicuously labeled "flavorings";
52 (b) spirituous liquor need not be dispensed through a calibrated metered dispensing
53 system if used:
54 (i) as a flavoring on a dessert; and
55 (ii) in the preparation of a flaming food dish, drink, or dessert;
56 (c) a restaurant patron may have no more than 2.5 ounces of spirituous liquor at a time;
57 and
58 (d) a restaurant patron may have no more than one spirituous liquor drink at a time
59 before the patron.
60 (3) (a) (i) Wine may be sold and served by the glass or in an individual portion not to
61 exceed five ounces per glass or individual portion.
62 (ii) An individual portion of wine may be served to a patron in more than one glass as
63 long as the total amount of wine does not exceed five ounces.
64 (iii) An individual portion of wine is considered to be one alcoholic beverage under
65 Subsection (7)(e).
66 (b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a price
67 fixed by the commission to a table of four or more persons.
68 (ii) Wine may be sold and served in a container not exceeding 750 milliliters at a price
69 fixed by the commission to a table of less than four persons.
70 (c) A wine service may be performed and a service charge assessed by a restaurant
71 liquor licensee as authorized by commission rule for wine purchased at the restaurant.
72 (4) (a) Heavy beer may be served in an original container not exceeding one liter at a
73 price fixed by the commission.
74 (b) A flavored malt beverage may be served in an original container not exceeding one
75 liter at a price fixed by the commission.
76 (c) A service charge may be assessed by a restaurant liquor licensee as authorized by
77 commission rule for heavy beer or a flavored malt beverage purchased at the restaurant.
78 (5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant liquor licensee may sell beer for
79 on-premise consumption:
80 (A) in an open container; and
81 (B) on draft.
82 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
83 not exceed two liters, except that beer may not be sold to an individual patron in a size of
84 container that exceeds one liter.
85 (b) A restaurant liquor licensee that sells beer pursuant to Subsection (5)(a):
86 (i) may do so without obtaining a separate on-premise beer retailer license from the
87 commission; and
88 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
89 Retailer Licenses, that apply to an on-premise beer retailer except when those restrictions are
90 inconsistent with or less restrictive than the operational restrictions under this part.
91 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
92 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the
93 restaurant's:
94 (i) state liquor license; and
95 (ii) alcoholic beverage license issued by the local authority.
96 (6) An alcoholic beverage may not be stored, served, or sold in a place other than as
97 designated in the restaurant liquor licensee's application, unless the restaurant liquor licensee
98 first applies for and receives approval from the department for a change of location within the
99 restaurant.
100 (7) (a) (i) A patron may only make an alcoholic beverage purchase in the restaurant
101 from and be served by a person employed, designated, and trained by the restaurant liquor
102 licensee to sell and serve an alcoholic beverage.
103 (ii) Notwithstanding Subsection (7)(a)(i), a patron who purchases bottled wine from an
104 employee of the restaurant or carries bottled wine onto the premises of the restaurant pursuant
105 to Subsection (14) may thereafter serve wine from the bottle to the patron or others at the
106 patron's table.
107 (b) An alcoholic beverage shall be delivered by a server to the patron.
108 (c) An alcoholic beverage may only be consumed at the patron's table or counter.
109 (d) An alcoholic beverage may not be served to or consumed by a patron at a bar.
110 (e) A restaurant patron may have no more than two alcoholic beverages of any kind at a
111 time before the patron, subject to the limitation in Subsection (2)(d).
112 (8) The liquor storage area shall remain locked at all times other than those hours and
113 days when liquor sales are authorized by law.
114 (9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at a
115 restaurant of a restaurant liquor licensee on any day [
116 between the hours of 1 a.m. and 10 a.m.
117 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
118 Licenses, for on-premise beer licensees.
119 (10) An alcoholic beverage may not be sold except in connection with an order for
120 food prepared, sold, and served at the restaurant.
121 (11) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
122 (a) minor;
123 (b) person actually, apparently, or obviously intoxicated;
124 (c) known habitual drunkard; or
125 (d) known interdicted person.
126 (12) (a) (i) Liquor may be sold only at a price fixed by the commission.
127 (ii) Liquor may not be sold at a discount price on any date or at any time.
128 (b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
129 beverage to the restaurant liquor licensee.
130 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
131 over consumption or intoxication.
132 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
133 hours of a restaurant liquor licensee's business day such as a "happy hour."
134 (e) More than one alcoholic beverage may not be sold or served for the price of a single
135 alcoholic beverage.
136 (f) An indefinite or unlimited number of alcoholic beverages during a set period may
137 not be sold or served for a fixed price.
138 (g) A restaurant liquor licensee may not engage in a public promotion involving or
139 offering free an alcoholic beverage to the general public.
140 (13) An alcoholic beverage may not be purchased for a patron of a restaurant by:
141 (a) the restaurant liquor licensee; or
142 (b) an employee or agent of the restaurant liquor licensee.
143 (14) (a) A person may not bring onto the premises of a restaurant liquor licensee an
144 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
145 discretion of the restaurant liquor licensee, bottled wine onto the premises of a restaurant liquor
146 licensee for on-premise consumption.
147 (b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or an
148 officer, manager, employee, or agent of the restaurant liquor licensee may not allow:
149 (i) a person to bring onto the restaurant premises an alcoholic beverage for on-premise
150 consumption; or
151 (ii) consumption of an alcoholic beverage described in this Subsection (14) on the
152 restaurant liquor licensee's premises.
153 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
154 or other representative of the restaurant liquor licensee upon entering the restaurant.
155 (d) A wine service may be performed and a service charge assessed by a restaurant
156 liquor licensee as authorized by commission rule for wine carried in by a patron.
157 (15) (a) Except as provided in Subsection (15)(b), a restaurant liquor licensee or an
158 employee of the restaurant liquor licensee may not permit a restaurant patron to carry from the
159 restaurant premises an open container that:
160 (i) is used primarily for drinking purposes; and
161 (ii) contains an alcoholic beverage.
162 (b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from the
163 restaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or brought
164 onto the premises of the restaurant in accordance with Subsection (14), only if the bottle is
165 recorked or recapped before removal.
166 (16) (a) A restaurant liquor licensee may not employ a minor to sell or dispense an
167 alcoholic beverage.
168 (b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may be
169 employed to enter the sale at a cash register or other sales recording device.
170 (17) An employee of a restaurant liquor licensee, while on duty, may not:
171 (a) consume an alcoholic beverage; or
172 (b) be intoxicated.
173 (18) A charge or fee made in connection with the sale, service, or consumption of
174 liquor may be stated in food or alcoholic beverage menus including:
175 (a) a set-up charge;
176 (b) a service charge; or
177 (c) a chilling fee.
178 (19) A restaurant liquor licensee shall display in a prominent place in the restaurant:
179 (a) the liquor license that is issued by the department;
180 (b) a list of the types and brand names of liquor being served through its calibrated
181 metered dispensing system; and
182 (c) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
183 drugs is a serious crime that is prosecuted aggressively in Utah."
184 (20) A restaurant liquor licensee may not on the premises of the restaurant liquor
185 licensee:
186 (a) engage in or permit any form of gambling, as defined and proscribed in Title 76,
187 Chapter 10, Part 11, Gambling;
188 (b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
189 Part 11, Gambling; or
190 (c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
191 the risking of something of value for a return or for an outcome when the return or outcome is
192 based upon an element of chance, excluding the playing of an amusement device that confers
193 only an immediate and unrecorded right of replay not exchangeable for value.
194 (21) (a) A restaurant liquor licensee shall maintain an expense ledger or record
195 showing in detail:
196 (i) quarterly expenditures made separately for:
197 (A) malt or brewed beverages;
198 (B) set-ups;
199 (C) liquor;
200 (D) food; and
201 (E) all other items required by the department; and
202 (ii) sales made separately for:
203 (A) malt or brewed beverages;
204 (B) set-ups;
205 (C) food; and
206 (D) all other items required by the department.
207 (b) A restaurant liquor licensee shall keep a record required by Subsection (21)(a):
208 (i) in a form approved by the department; and
209 (ii) current for each three-month period.
210 (c) An expenditure shall be supported by:
211 (i) a delivery ticket;
212 (ii) an invoice;
213 (iii) a receipted bill;
214 (iv) a canceled check;
215 (v) a petty cash voucher; or
216 (vi) other sustaining datum or memorandum.
217 (d) In addition to a ledger or record required under Subsection (21)(a), a restaurant
218 liquor licensee shall maintain accounting and other records and documents as the department
219 may require.
220 (e) A restaurant liquor licensee or person acting for the restaurant, who knowingly
221 forges, falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or
222 other document of the restaurant that is required to be made, maintained, or preserved by this
223 title or the rules of the commission for the purpose of deceiving the commission or the
224 department, or an official or employee of the commission or department, is subject to:
225 (i) the suspension or revocation of the restaurant's liquor license; and
226 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
227 (22) (a) A restaurant liquor licensee may not close or cease operation for a period
228 longer than 240 hours, unless:
229 (i) the restaurant liquor licensee notifies the department in writing at least seven days
230 before the day on which the restaurant liquor licensee closes or ceases operation; and
231 (ii) the closure or cessation of operation is first approved by the department.
232 (b) Notwithstanding Subsection (22)(a), in the case of emergency closure, the
233 restaurant liquor licensee shall immediately notify the department by telephone.
234 (c) (i) The department may authorize a closure or cessation of operation for a period
235 not to exceed 60 days.
236 (ii) The department may extend the initial period an additional 30 days upon:
237 (A) written request of the restaurant liquor licensee; and
238 (B) a showing of good cause.
239 (iii) A closure or cessation of operation may not exceed a total of 90 days without
240 commission approval.
241 (d) A notice shall include:
242 (i) the dates of closure or cessation of operation;
243 (ii) the reason for the closure or cessation of operation; and
244 (iii) the date on which the restaurant liquor licensee will reopen or resume operation.
245 (e) Failure of the restaurant liquor licensee to provide notice and to obtain department
246 authorization before closure or cessation of operation results in an automatic forfeiture of:
247 (i) the license; and
248 (ii) the unused portion of the license fee for the remainder of the license year effective
249 immediately.
250 (f) Failure of the restaurant liquor licensee to reopen or resume operation by the
251 approved date results in an automatic forfeiture of:
252 (i) the license; and
253 (ii) the unused portion of the license fee for the remainder of the license year.
254 (23) A restaurant liquor licensee shall maintain at least 70% of its total restaurant
255 business from the sale of food, which does not include mix for an alcoholic beverage or service
256 charges.
257 (24) A restaurant liquor license may not be transferred from one location to another,
258 without prior written approval of the commission.
259 (25) (a) A person, having been granted a restaurant liquor license may not sell, transfer,
260 assign, exchange, barter, give, or attempt in any way to dispose of the restaurant liquor license
261 to another person whether for monetary gain or not.
262 (b) A restaurant liquor license has no monetary value for the purpose of any type of
263 disposition.
264 (26) A server of an alcoholic beverage in a restaurant liquor licensee's establishment
265 shall keep a written beverage tab for each table or group that orders or consumes an alcoholic
266 beverage on the premises. The beverage tab shall list the type and amount of an alcoholic
267 beverage ordered or consumed.
268 (27) A person's willingness to serve an alcoholic beverage may not be made a
269 condition of employment as a server with a restaurant that has a restaurant liquor license.
270 (28) A restaurant liquor licensee or an employee of the restaurant liquor licensee may
271 not knowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37,
272 Utah Controlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
273 (a) sell, distribute, possess, or use a controlled substance, as defined in Section
274 58-37-2 ; or
275 (b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in
276 Section 58-37a-3 .
277 Section 2. Section 32A-4-307 is amended to read:
278 32A-4-307. Operational restrictions.
279 A person granted a limited restaurant license and the employees and management
280 personnel of the limited restaurant shall comply with the following conditions and
281 requirements. Failure to comply may result in a suspension or revocation of the license or
282 other disciplinary action taken against individual employees or management personnel.
283 (1) (a) Wine and heavy beer may not be purchased by a limited restaurant licensee
284 except from a state store or package agency.
285 (b) Wine and heavy beer purchased from a state store or package agency may be
286 transported by the limited restaurant licensee from the place of purchase to the licensed
287 premises.
288 (c) Payment for wine and heavy beer shall be made in accordance with rules
289 established by the commission.
290 (2) (a) A limited restaurant licensee may not sell, serve, or allow consumption of the
291 products listed in Subsection (2)(c) on the premises of the limited restaurant.
292 (b) A product listed in Subsection (2)(c) may not be on the premises of the limited
293 restaurant except for use:
294 (i) as a flavoring on a dessert; and
295 (ii) in the preparation of a flaming food dish, drink, or dessert.
296 (c) This Subsection (2) applies to:
297 (i) spirituous liquor; and
298 (ii) [
299 (3) (a) (i) Wine may be sold and served by the glass or an individual portion not to
300 exceed five ounces per glass or individual portion.
301 (ii) An individual portion may be served to a patron in more than one glass as long as
302 the total amount of wine does not exceed five ounces.
303 (iii) An individual portion of wine is considered to be one alcoholic beverage under
304 Subsection (7)(e).
305 (b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a price
306 fixed by the commission to a table of four or more persons.
307 (ii) Wine may be sold and served in a container not exceeding 750 milliliters at a price
308 fixed by the commission to a table of less than four persons.
309 (c) A wine service may be performed and a service charge assessed by the limited
310 restaurant licensee as authorized by commission rule for wine purchased at the limited
311 restaurant.
312 (4) (a) Heavy beer may be served in an original container not exceeding one liter at a
313 price fixed by the commission.
314 (b) A service charge may be assessed by the limited restaurant licensee as authorized
315 by commission rule for heavy beer purchased at the limited restaurant.
316 (5) (a) (i) Subject to Subsection (5)(a)(ii), a limited restaurant licensee may sell beer for
317 on-premise consumption:
318 (A) in an open container; and
319 (B) on draft.
320 (ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does
321 not exceed two liters, except that beer may not be sold to an individual patron in a size of
322 container that exceeds one liter.
323 (b) A limited restaurant licensee that sells beer pursuant to Subsection (5)(a):
324 (i) may do so without obtaining a separate on-premise beer retailer license from the
325 commission; and
326 (ii) shall comply with all appropriate operational restrictions under Chapter 10, Beer
327 Retailer Licenses, that apply to an on-premise beer retailer except when those restrictions are
328 inconsistent with or less restrictive than the operational restrictions under this part.
329 (c) Failure to comply with the operational restrictions under Chapter 10, Beer Retailer
330 Licenses, required by Subsection (5)(b) may result in a suspension or revocation of the limited
331 restaurant's:
332 (i) limited restaurant license; and
333 (ii) alcoholic beverage license issued by the local authority.
334 (6) Wine, heavy beer, and beer may not be stored, served, or sold in a place other than
335 as designated in the limited restaurant licensee's application, unless the limited restaurant
336 licensee first applies for and receives approval from the department for a change of location
337 within the limited restaurant.
338 (7) (a) (i) A patron may only make an alcoholic beverage purchase in a limited
339 restaurant from and be served by a person employed, designated, and trained by the limited
340 restaurant licensee to sell and serve an alcoholic beverage.
341 (ii) Notwithstanding Subsection (7)(a)(i), a patron who purchases bottled wine from an
342 employee of the limited restaurant licensee or carries bottled wine onto the premises of the
343 limited restaurant pursuant to Subsection (14) may thereafter serve wine from the bottle to the
344 patron or others at the patron's table.
345 (b) An alcoholic beverage shall be delivered by a server to the patron.
346 (c) An alcoholic beverage may only be consumed at the patron's table or counter.
347 (d) An alcoholic beverage may not be served to or consumed by a patron at a bar.
348 (e) A limited restaurant patron may have no more than two alcoholic beverages of any
349 kind at a time before the patron.
350 (8) The alcoholic beverage storage area shall remain locked at all times other than
351 those hours and days when alcoholic beverage sales are authorized by law.
352 (9) (a) Wine and heavy beer may not be sold, offered for sale, served, or otherwise
353 furnished at a limited restaurant on any day [
354 hours of 1 a.m. and 10 a.m.
355 (b) The hours of beer sales and service are those specified in Chapter 10, Beer Retailer
356 Licenses, for on-premise beer licensees.
357 (10) An alcoholic beverage may not be sold except in connection with an order of food
358 prepared, sold, and served at the limited restaurant.
359 (11) Wine, heavy beer, and beer may not be sold, served, or otherwise furnished to a:
360 (a) minor;
361 (b) person actually, apparently, or obviously intoxicated;
362 (c) known habitual drunkard; or
363 (d) known interdicted person.
364 (12) (a) (i) Wine and heavy beer may be sold only at a price fixed by the commission.
365 (ii) Wine and heavy beer may not be sold at a discount price on any date or at any time.
366 (b) An alcoholic beverage may not be sold at less than the cost of the alcoholic
367 beverage to the limited restaurant licensee.
368 (c) An alcoholic beverage may not be sold at a special or reduced price that encourages
369 over consumption or intoxication.
370 (d) An alcoholic beverage may not be sold at a special or reduced price for only certain
371 hours of the limited restaurant licensee's business day such as a "happy hour."
372 (e) More than one alcoholic beverage may not be sold or served for the price of a single
373 alcoholic beverage.
374 (f) An indefinite or unlimited number of alcoholic beverages during a set period may
375 not be sold or served for a fixed price.
376 (g) A limited restaurant licensee may not engage in a public promotion involving or
377 offering free alcoholic beverages to the general public.
378 (13) An alcoholic beverage may not be purchased for a patron of the limited restaurant
379 by:
380 (a) the limited restaurant licensee; or
381 (b) an employee or agent of the limited restaurant licensee.
382 (14) (a) A person may not bring onto the premises of a limited restaurant licensee an
383 alcoholic beverage for on-premise consumption, except a person may bring, subject to the
384 discretion of the limited restaurant licensee, bottled wine onto the premises of a limited
385 restaurant licensee for on-premise consumption.
386 (b) Except bottled wine under Subsection (14)(a), a limited restaurant licensee or an
387 officer, manager, employee, or agent of a limited restaurant licensee may not allow:
388 (i) a person to bring onto the limited restaurant premises an alcoholic beverage for
389 on-premise consumption; or
390 (ii) consumption of an alcoholic beverage described in Subsection (14)(b)(i) on the
391 limited restaurant licensee's premises.
392 (c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server
393 or other representative of the limited restaurant licensee upon entering the limited restaurant.
394 (d) A wine service may be performed and a service charge assessed by the limited
395 restaurant licensee as authorized by commission rule for wine carried in by a patron.
396 (15) (a) Except as provided in Subsection (15)(b), a limited restaurant licensee and an
397 employee of the limited restaurant licensee may not permit a restaurant patron to carry from the
398 limited restaurant premises an open container that:
399 (i) is used primarily for drinking purposes; and
400 (ii) contains an alcoholic beverage.
401 (b) Notwithstanding Subsection (15)(a), a patron may remove the unconsumed
402 contents of a bottle of wine if before removal, the bottle is recorked or recapped.
403 (16) (a) A limited restaurant licensee may not employ a minor to sell or dispense an
404 alcoholic beverage.
405 (b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may be
406 employed to enter the sale at a cash register or other sales recording device.
407 (17) An employee of a limited restaurant licensee, while on duty, may not:
408 (a) consume an alcoholic beverage; or
409 (b) be intoxicated.
410 (18) A charge or fee made in connection with the sale, service, or consumption of wine
411 or heavy beer may be stated in food or alcoholic beverage menus including:
412 (a) a service charge; or
413 (b) a chilling fee.
414 (19) A limited restaurant licensee shall display in a prominent place in the restaurant:
415 (a) the limited restaurant license that is issued by the department; and
416 (b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
417 drugs is a serious crime that is prosecuted aggressively in Utah."
418 (20) A limited restaurant licensee may not on the premises of the restaurant:
419 (a) engage in or permit any form of gambling, as defined and proscribed in Title 76,
420 Chapter 10, Part 11, Gambling;
421 (b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
422 Part 11, Gambling; or
423 (c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
424 the risking of something of value for a return or for an outcome when the return or outcome is
425 based upon an element of chance, excluding the playing of an amusement device that confers
426 only an immediate and unrecorded right of replay not exchangeable for value.
427 (21) (a) A limited restaurant licensee shall maintain an expense ledger or record
428 showing in detail:
429 (i) quarterly expenditures made separately for:
430 (A) wine;
431 (B) heavy beer;
432 (C) beer;
433 (D) food; and
434 (E) all other items required by the department; and
435 (ii) sales made separately for:
436 (A) wine;
437 (B) heavy beer;
438 (C) beer;
439 (D) food; and
440 (E) all other items required by the department.
441 (b) A limited restaurant licensee shall keep a record required by Subsection (21)(a):
442 (i) in a form approved by the department; and
443 (ii) current for each three-month period.
444 (c) An expenditure shall be supported by:
445 (i) a delivery ticket;
446 (ii) an invoice;
447 (iii) a receipted bill;
448 (iv) a canceled check;
449 (v) a petty cash voucher; or
450 (vi) other sustaining datum or memorandum.
451 (d) In addition to the ledger or record maintained under Subsections (21)(a) through
452 (c), a limited restaurant licensee shall maintain accounting and other records and documents as
453 the department may require.
454 (e) Any limited restaurant licensee or person acting for the restaurant, who knowingly
455 forges, falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or
456 other document of the limited restaurant that is required to be made, maintained, or preserved
457 by this title or the rules of the commission for the purpose of deceiving the commission, the
458 department, or an official or employee of the commission or department, is subject to:
459 (i) the suspension or revocation of the limited restaurant's license; and
460 (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
461 (22) (a) A limited restaurant licensee may not close or cease operation for a period
462 longer than 240 hours, unless:
463 (i) the limited restaurant licensee notifies the department in writing at least seven days
464 before the day on which the limited restaurant licensee closes or ceases operation; and
465 (ii) the closure or cessation of operation is first approved by the department.
466 (b) Notwithstanding Subsection (22)(a), in the case of emergency closure, the limited
467 restaurant licensee shall immediately notify the department by telephone.
468 (c) (i) Subject to Subsection (22)(c)(iii), the department may authorize a closure or
469 cessation of operation for a period not to exceed 60 days.
470 (ii) The department may extend the initial period an additional 30 days upon:
471 (A) written request of the limited restaurant licensee; and
472 (B) a showing of good cause.
473 (iii) A closure or cessation of operation may not exceed a total of 90 days without
474 commission approval.
475 (d) A notice required by Subsection (22)(a) shall include:
476 (i) the dates of closure or cessation of operation;
477 (ii) the reason for the closure or cessation of operation; and
478 (iii) the date on which the limited restaurant licensee will reopen or resume operation.
479 (e) Failure of the limited restaurant licensee to provide notice and to obtain department
480 authorization before closure or cessation of operation results in an automatic forfeiture of:
481 (i) the limited restaurant license; and
482 (ii) the unused portion of the license fee for the remainder of the license year effective
483 immediately.
484 (f) Failure of the limited restaurant licensee to reopen or resume operation by the
485 approved date results in an automatic forfeiture of:
486 (i) the limited restaurant license; and
487 (ii) the unused portion of the license fee for the remainder of the license year.
488 (23) A limited restaurant licensee shall maintain at least 70% of its total restaurant
489 business from the sale of food, which does not include service charges.
490 (24) A limited restaurant license may not be transferred from one location to another,
491 without prior written approval of the commission.
492 (25) (a) A limited restaurant licensee may not sell, transfer, assign, exchange, barter,
493 give, or attempt in any way to dispose of the limited restaurant license to another person
494 whether for monetary gain or not.
495 (b) A limited restaurant license has no monetary value for the purpose of any type of
496 disposition.
497 (26) (a) A server of wine, heavy beer, and beer in a limited restaurant licensee's
498 establishment shall keep a written beverage tab for each table or group that orders or consumes
499 an alcoholic beverage on the premises.
500 (b) The beverage tab required by Subsection (26)(a) shall list the type and amount of an
501 alcoholic beverage ordered or consumed.
502 (27) A limited restaurant licensee may not make a person's willingness to serve an
503 alcoholic beverage a condition of employment as a server with the limited restaurant.
504 (28) A limited restaurant licensee or an employee of the limited restaurant licensee may
505 not knowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37,
506 Utah Controlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
507 (a) sell, distribute, possess, or use a controlled substance, as defined in Section
508 58-37-2 ; or
509 (b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in
510 Section 58-37a-3 .
Legislative Review Note
as of 2-4-09 11:54 AM