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7 LONG TITLE
8 General Description:
9 This bill modifies the Alcoholic Beverage Control Act to address nonprofit entities.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions;
13 ▸ addresses operating without a license or permit;
14 ▸ enacts the Nonprofit Limited-Service Retailer License, including:
15 • addressing the commission's power to issue the license;
16 • establishing specific licensing requirements for nonprofit limited-service
17 retailers; and
18 • establishing specific operational requirements for nonprofit limited-service
19 retailers; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 32B-1-102, as last amended by Laws of Utah 2013, Chapter 349
28 32B-4-501, as enacted by Laws of Utah 2010, Chapter 276
29 ENACTS:
30 32B-6-1001, Utah Code Annotated 1953
31 32B-6-1002, Utah Code Annotated 1953
32 32B-6-1003, Utah Code Annotated 1953
33 32B-6-1004, Utah Code Annotated 1953
34 32B-6-1005, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 32B-1-102 is amended to read:
38 32B-1-102. Definitions.
39 As used in this title:
40 (1) "Airport lounge" means a business location:
41 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
42 (b) that is located at an international airport with a United States Customs office on the
43 premises of the international airport.
44 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
45 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
46 (3) "Alcoholic beverage" means the following:
47 (a) beer; or
48 (b) liquor.
49 (4) (a) "Alcoholic product" means a product that:
50 (i) contains at least .5% of alcohol by volume; and
51 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
52 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
53 in an amount equal to or greater than .5% of alcohol by volume.
54 (b) "Alcoholic product" includes an alcoholic beverage.
55 (c) "Alcoholic product" does not include any of the following common items that
56 otherwise come within the definition of an alcoholic product:
57 (i) except as provided in Subsection (4)(d), an extract;
58 (ii) vinegar;
59 (iii) cider;
60 (iv) essence;
61 (v) tincture;
62 (vi) food preparation; or
63 (vii) an over-the-counter medicine.
64 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
65 when it is used as a flavoring in the manufacturing of an alcoholic product.
66 (5) "Alcohol training and education seminar" means a seminar that is:
67 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
68 (b) described in Section 62A-15-401.
69 (6) "Banquet" means an event:
70 (a) that is held at one or more designated locations approved by the commission in or
71 on the premises of a:
72 (i) hotel;
73 (ii) resort facility;
74 (iii) sports center; or
75 (iv) convention center;
76 (b) for which there is a contract:
77 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
78 and
79 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
80 provide an alcoholic product at the event; and
81 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
82 (7) (a) "Bar" means a surface or structure:
83 (i) at which an alcoholic product is:
84 (A) stored; or
85 (B) dispensed; or
86 (ii) from which an alcoholic product is served.
87 (b) "Bar structure" means a surface or structure on a licensed premises if on or at any
88 place of the surface or structure an alcoholic product is:
89 (i) stored; or
90 (ii) dispensed.
91 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
92 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
93 volume or 3.2% by weight; and
94 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
95 (b) "Beer" may or may not contain hops or other vegetable products.
96 (c) "Beer" includes a product that:
97 (i) contains alcohol in the percentages described in Subsection (8)(a); and
98 (ii) is referred to as:
99 (A) beer;
100 (B) ale;
101 (C) porter;
102 (D) stout;
103 (E) lager; or
104 (F) a malt or malted beverage.
105 (d) "Beer" does not include a flavored malt beverage.
106 (9) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
107 Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
108 (10) "Beer retailer" means a business:
109 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
110 whether for consumption on or off the business premises; and
111 (b) to whom a license is issued:
112 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
113 Beer Retailer Local Authority; or
114 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
115 and Chapter 6, Part 7, On-Premise Beer Retailer License.
116 (11) "Beer wholesaling license" means a license:
117 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
118 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
119 retail licensees or off-premise beer retailers.
120 (12) "Billboard" means a public display used to advertise, including:
121 (a) a light device;
122 (b) a painting;
123 (c) a drawing;
124 (d) a poster;
125 (e) a sign;
126 (f) a signboard; or
127 (g) a scoreboard.
128 (13) "Brewer" means a person engaged in manufacturing:
129 (a) beer;
130 (b) heavy beer; or
131 (c) a flavored malt beverage.
132 (14) "Brewery manufacturing license" means a license issued in accordance with
133 Chapter 11, Part 5, Brewery Manufacturing License.
134 (15) "Certificate of approval" means a certificate of approval obtained from the
135 department under Section 32B-11-201.
136 (16) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
137 a bus company to a group of persons pursuant to a common purpose:
138 (a) under a single contract;
139 (b) at a fixed charge in accordance with the bus company's tariff; and
140 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
141 motor vehicle, and a driver to travel together to one or more specified destinations.
142 (17) "Church" means a building:
143 (a) set apart for worship;
144 (b) in which religious services are held;
145 (c) with which clergy is associated; and
146 (d) that is tax exempt under the laws of this state.
147 (18) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
148 License Act, and Chapter 6, Part 4, Club License.
149 (b) "Club license" includes:
150 (i) a dining club license;
151 (ii) an equity club license;
152 (iii) a fraternal club license; or
153 (iv) a social club license.
154 (19) "Commission" means the Alcoholic Beverage Control Commission created in
155 Section 32B-2-201.
156 (20) "Commissioner" means a member of the commission.
157 (21) "Community location" means:
158 (a) a public or private school;
159 (b) a church;
160 (c) a public library;
161 (d) a public playground; or
162 (e) a public park.
163 (22) "Community location governing authority" means:
164 (a) the governing body of the community location; or
165 (b) if the commission does not know who is the governing body of a community
166 location, a person who appears to the commission to have been given on behalf of the
167 community location the authority to prohibit an activity at the community location.
168 (23) "Container" means a receptacle that contains an alcoholic product, including:
169 (a) a bottle;
170 (b) a vessel; or
171 (c) a similar item.
172 (24) "Convention center" means a facility that is:
173 (a) in total at least 30,000 square feet; and
174 (b) otherwise defined as a "convention center" by the commission by rule.
175 (25) (a) Subject to Subsection (25)(b), "counter" means a surface or structure in a
176 dining area of a licensed premises where seating is provided to a patron for service of food.
177 (b) "Counter" does not include a surface or structure if on or at any point of the surface
178 or structure an alcoholic product is:
179 (i) stored; or
180 (ii) dispensed.
181 (26) "Department" means the Department of Alcoholic Beverage Control created in
182 Section 32B-2-203.
183 (27) "Department compliance officer" means an individual who is:
184 (a) an auditor or inspector; and
185 (b) employed by the department.
186 (28) "Department sample" means liquor that is placed in the possession of the
187 department for testing, analysis, and sampling.
188 (29) "Dining club license" means a license issued in accordance with Chapter 5, Retail
189 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
190 dining club license.
191 (30) "Director," unless the context requires otherwise, means the director of the
192 department.
193 (31) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
194 title:
195 (a) against a person subject to administrative action; and
196 (b) that is brought on the basis of a violation of this title.
197 (32) (a) Subject to Subsection (32)(b), "dispense" means:
198 (i) drawing of an alcoholic product:
199 (A) from an area where it is stored; or
200 (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
201 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and
202 (ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of
203 the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
204 retail licensee.
205 (b) The definition of "dispense" in this Subsection (32) applies only to:
206 (i) a full-service restaurant license;
207 (ii) a limited-service restaurant license;
208 (iii) a reception center license; and
209 (iv) a beer-only restaurant license.
210 (33) "Distillery manufacturing license" means a license issued in accordance with
211 Chapter 11, Part 4, Distillery Manufacturing License.
212 (34) "Distressed merchandise" means an alcoholic product in the possession of the
213 department that is saleable, but for some reason is unappealing to the public.
214 (35) "Educational facility" includes:
215 (a) a nursery school;
216 (b) an infant day care center; and
217 (c) a trade and technical school.
218 (36) "Equity club license" means a license issued in accordance with Chapter 5, Retail
219 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
220 equity club license.
221 (37) "Event permit" means:
222 (a) a single event permit; or
223 (b) a temporary beer event permit.
224 (38) "Exempt license" means a license exempt under Section 32B-1-201 from being
225 considered in determining the total number of a retail license that the commission may issue at
226 any time.
227 (39) (a) "Flavored malt beverage" means a beverage:
228 (i) that contains at least .5% alcohol by volume;
229 (ii) that is treated by processing, filtration, or another method of manufacture that is not
230 generally recognized as a traditional process in the production of a beer as described in 27
231 C.F.R. Sec. 25.55;
232 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
233 extract; and
234 (iv) (A) for which the producer is required to file a formula for approval with the
235 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
236 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
237 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
238 (40) "Fraternal club license" means a license issued in accordance with Chapter 5,
239 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
240 as a fraternal club license.
241 (41) "Full-service restaurant license" means a license issued in accordance with
242 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
243 (42) (a) "Furnish" means by any means to provide with, supply, or give an individual
244 an alcoholic product, by sale or otherwise.
245 (b) "Furnish" includes to:
246 (i) serve;
247 (ii) deliver; or
248 (iii) otherwise make available.
249 (43) "Guest" means an individual who meets the requirements of Subsection
250 32B-6-407(9).
251 (44) "Health care practitioner" means:
252 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
253 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
254 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
255 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
256 Act;
257 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
258 Nurse Practice Act;
259 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
260 Practice Act;
261 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
262 Therapy Practice Act;
263 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
264 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
265 Professional Practice Act;
266 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
267 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
268 Practice Act;
269 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
270 Hygienist Practice Act; and
271 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
272 (45) (a) "Heavy beer" means a product that:
273 (i) contains more than 4% alcohol by volume; and
274 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
275 (b) "Heavy beer" is considered liquor for the purposes of this title.
276 (46) "Hotel" is as defined by the commission by rule.
277 (47) "Identification card" means an identification card issued under Title 53, Chapter 3,
278 Part 8, Identification Card Act.
279 (48) "Industry representative" means an individual who is compensated by salary,
280 commission, or other means for representing and selling an alcoholic product of a
281 manufacturer, supplier, or importer of liquor.
282 (49) "Industry representative sample" means liquor that is placed in the possession of
283 the department for testing, analysis, and sampling by a local industry representative on the
284 premises of the department to educate the local industry representative of the quality and
285 characteristics of the product.
286 (50) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
287 of an alcoholic product is prohibited by:
288 (a) law; or
289 (b) court order.
290 (51) "Intoxicated" means that a person:
291 (a) is significantly impaired as to the person's mental or physical functions as a result of
292 the use of:
293 (i) an alcoholic product;
294 (ii) a controlled substance;
295 (iii) a substance having the property of releasing toxic vapors; or
296 (iv) a combination of Subsections (51)(a)(i) through (iii); and
297 (b) exhibits plain and easily observed outward manifestations of behavior or physical
298 signs produced by the over consumption of an alcoholic product.
299 (52) "Investigator" means an individual who is:
300 (a) a department compliance officer; or
301 (b) a nondepartment enforcement officer.
302 (53) "Invitee" [
303 (54) "License" means:
304 (a) a retail license;
305 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
306 Licenses Act;
307 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
308 or
309 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
310 (55) "Licensee" means a person who holds a license.
311 (56) "Limited-service restaurant license" means a license issued in accordance with
312 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
313 (57) "Limousine" means a motor vehicle licensed by the state or a local authority, other
314 than a bus or taxicab:
315 (a) in which the driver and a passenger are separated by a partition, glass, or other
316 barrier;
317 (b) that is provided by a business entity to one or more individuals at a fixed charge in
318 accordance with the business entity's tariff; and
319 (c) to give the one or more individuals the exclusive use of the limousine and a driver
320 to travel to one or more specified destinations.
321 (58) (a) (i) "Liquor" means a liquid that:
322 (A) is:
323 (I) alcohol;
324 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
325 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
326 (IV) other drink or drinkable liquid; and
327 (B) (I) contains at least .5% alcohol by volume; and
328 (II) is suitable to use for beverage purposes.
329 (ii) "Liquor" includes:
330 (A) heavy beer;
331 (B) wine; and
332 (C) a flavored malt beverage.
333 (b) "Liquor" does not include beer.
334 (59) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
335 (60) "Liquor warehousing license" means a license that is issued:
336 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
337 (b) to a person, other than a licensed manufacturer, who engages in the importation for
338 storage, sale, or distribution of liquor regardless of amount.
339 (61) "Local authority" means:
340 (a) for premises that are located in an unincorporated area of a county, the governing
341 body of a county; or
342 (b) for premises that are located in an incorporated city or a town, the governing body
343 of the city or town.
344 (62) "Lounge or bar area" is as defined by rule made by the commission.
345 (63) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
346 otherwise make an alcoholic product for personal use or for sale or distribution to others.
347 (64) "Member" means an individual who, after paying regular dues, has full privileges
348 in an equity club licensee or fraternal club licensee.
349 (65) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
350 or homeport facility for a ship:
351 (i) (A) under the control of the United States Department of Defense; or
352 (B) of the National Guard;
353 (ii) that is located within the state; and
354 (iii) including a leased facility.
355 (b) "Military installation" does not include a facility used primarily for:
356 (i) civil works;
357 (ii) a rivers and harbors project; or
358 (iii) a flood control project.
359 (66) "Minor" means an individual under the age of 21 years.
360 (67) "Nondepartment enforcement agency" means an agency that:
361 (a) (i) is a state agency other than the department; or
362 (ii) is an agency of a county, city, or town; and
363 (b) has a responsibility to enforce one or more provisions of this title.
364 (68) "Nondepartment enforcement officer" means an individual who is:
365 (a) a peace officer, examiner, or investigator; and
366 (b) employed by a nondepartment enforcement agency.
367 (69) "Nonprofit limited-service retailer license" means a license issued in accordance
368 with Chapter 5, Retail License Act, and Chapter 6, Part 10, Nonprofit Limited-Service Retailer
369 License.
370 [
371 (i) licensed in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local
372 Authority; and
373 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
374 premises.
375 (b) "Off-Premise beer retailer" does not include an on-premise beer retailer.
376 [
377 Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
378 [
379 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
380 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
381 Retailer License; and
382 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
383 premises:
384 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
385 premises; and
386 (ii) on and after March 1, 2012, operating:
387 (A) as a tavern; or
388 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
389 [
390 [
391 (a) under an agreement with the department; and
392 (b) by a person:
393 (i) other than the state; and
394 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
395 Agency, to sell packaged liquor for consumption off the premises of the package agency.
396 [
397 [
398 offered for sale, or furnished, or who consumes an alcoholic product including:
399 (a) a customer;
400 (b) a member;
401 (c) a guest;
402 (d) an attendee of a banquet or event;
403 (e) an individual who receives room service;
404 (f) a resident of a resort;
405 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
406 or
407 (h) an invitee.
408 [
409 (a) Chapter 9, Event Permit Act; or
410 (b) Chapter 10, Special Use Permit Act.
411 [
412 (a) a licensee;
413 (b) a permittee;
414 (c) a manufacturer;
415 (d) a supplier;
416 (e) an importer;
417 (f) one of the following holding a certificate of approval:
418 (i) an out-of-state brewer;
419 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
420 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
421 (g) staff of:
422 (i) a person listed in Subsections [
423 (ii) a package agent.
424 [
425 the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
426 product, unless otherwise defined in this title or rules made by the commission.
427 [
428 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
429 to prescribe a controlled substance, other drug, or device for medicinal purposes;
430 (b) the order is made in the course of that health care practitioner's professional
431 practice; and
432 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
433 [
434 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
435 group; and
436 (ii) that is limited in attendance to people who are specifically designated and their
437 guests.
438 (b) "Private event" does not include an event to which the general public is invited,
439 whether for an admission fee or not.
440 [
441 (i) an identification card;
442 (ii) an identification that:
443 (A) is substantially similar to an identification card;
444 (B) is issued in accordance with the laws of a state other than Utah in which the
445 identification is issued;
446 (C) includes date of birth; and
447 (D) has a picture affixed;
448 (iii) a valid driver license certificate that:
449 (A) includes date of birth;
450 (B) has a picture affixed; and
451 (C) is issued:
452 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
453 (II) in accordance with the laws of the state in which it is issued;
454 (iv) a military identification card that:
455 (A) includes date of birth; and
456 (B) has a picture affixed; or
457 (v) a valid passport.
458 (b) "Proof of age" does not include a driving privilege card issued in accordance with
459 Section 53-3-207.
460 [
461 (i) owned or leased by:
462 (A) the state; or
463 (B) a local government entity; and
464 (ii) used for:
465 (A) public education;
466 (B) transacting public business; or
467 (C) regularly conducting government activities.
468 (b) "Public building" does not include a building owned by the state or a local
469 government entity when the building is used by a person, in whole or in part, for a proprietary
470 function.
471 [
472 of the public has access to and a right to use for transportation, including an airline, railroad,
473 bus, boat, or other public conveyance.
474 [
475 (a) operates facilities that are at least 5,000 square feet; and
476 (b) has as its primary purpose the leasing of the facilities described in Subsection [
477 (85)(a) to a third party for the third party's event.
478 [
479 Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
480 [
481 (i) inscribed on a tangible medium; or
482 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
483 (b) "Record" includes:
484 (i) a book;
485 (ii) a book of account;
486 (iii) a paper;
487 (iv) a contract;
488 (v) an agreement;
489 (vi) a document; or
490 (vii) a recording in any medium.
491 [
492 [
493 defined in Section 32B-8-102.
494 [
495 [
496 commission by rule.
497 [
498 Retail License Act, and Chapter 8, Resort License Act.
499 [
500 (a) at which a variety of foods are prepared;
501 (b) at which complete meals are served to the general public; and
502 (c) that is engaged primarily in serving meals to the general public.
503 [
504 (a) a full-service restaurant license;
505 (b) a master full-service restaurant license;
506 (c) a limited-service restaurant license;
507 (d) a master limited-service restaurant license;
508 (e) a club license;
509 (f) an airport lounge license;
510 (g) an on-premise banquet license;
511 (h) an on-premise beer license;
512 (i) a reception center license; [
513 (j) a beer-only restaurant license[
514 (k) a nonprofit limited-service retailer license.
515 [
516 guest room of a:
517 (a) hotel; or
518 (b) resort facility.
519 [
520 [
521 minors.
522 (b) "School" does not include an educational facility.
523 [
524 for consideration, an alcoholic product is either directly or indirectly transferred, solicited,
525 ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
526 done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
527 the rules made by the commission.
528 [
529 seminudity appears at or performs:
530 (a) for the entertainment of one or more patrons;
531 (b) on the premises of:
532 (i) a social club licensee; or
533 (ii) a tavern;
534 (c) on behalf of or at the request of the licensee described in Subsection [
535 (d) on a contractual or voluntary basis; and
536 (e) whether or not the person is designated as:
537 (i) an employee;
538 (ii) an independent contractor;
539 (iii) an agent of the licensee; or
540 (iv) a different type of classification.
541 [
542 Part 3, Single Event Permit.
543 [
544 barrels of beer, heavy beer, and flavored malt beverages per year.
545 [
546 5, Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the
547 commission as a social club license.
548 [
549 10, Special Use Permit Act.
550 [
551 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
552 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
553 [
554 [
555 title:
556 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
557 holder;
558 (ii) at the request of the business, including a package agent, licensee, permittee, or
559 certificate holder; or
560 (iii) under the authority of the business, including a package agent, licensee, permittee,
561 or certificate holder.
562 (b) "Staff" includes:
563 (i) an officer;
564 (ii) a director;
565 (iii) an employee;
566 (iv) personnel management;
567 (v) an agent of the licensee, including a managing agent;
568 (vi) an operator; or
569 (vii) a representative.
570 [
571 (a) the appearance of:
572 (i) the nipple or areola of a female human breast;
573 (ii) a human genital;
574 (iii) a human pubic area; or
575 (iv) a human anus; or
576 (b) a state of dress that fails to opaquely cover:
577 (i) the nipple or areola of a female human breast;
578 (ii) a human genital;
579 (iii) a human pubic area; or
580 (iv) a human anus.
581 [
582 covers no more than:
583 (a) the nipple and areola of the female human breast in a shape and color other than the
584 natural shape and color of the nipple and areola; and
585 (b) the human genitals, pubic area, and anus:
586 (i) with no less than the following at its widest point:
587 (A) four inches coverage width in the front of the human body; and
588 (B) five inches coverage width in the back of the human body; and
589 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
590 [
591 (i) located on premises owned or leased by the state; and
592 (ii) operated by a state employee.
593 (b) "State store" does not include:
594 (i) a package agency;
595 (ii) a licensee; or
596 (iii) a permittee.
597 [
598 stores an alcoholic product.
599 (b) "Store" means to place or maintain in a location an alcoholic product from which a
600 person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
601 Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
602 32B-6-905(12)(b)(ii).
603 [
604 32B-8-102.
605 [
606 department.
607 [
608 (a) issued a license by the commission in accordance with Chapter 5, Retail License
609 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
610 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
611 On-Premise Beer Retailer License.
612 [
613 Chapter 9, Part 4, Temporary Beer Event Permit.
614 [
615 a person who does not have a present intention to continue residency within Utah permanently
616 or indefinitely.
617 [
618 does not allow an object or person to be seen through the substance.
619 [
620 (a) is unsaleable because the container is:
621 (i) unlabeled;
622 (ii) leaky;
623 (iii) damaged;
624 (iv) difficult to open; or
625 (v) partly filled;
626 (b) (i) has faded labels or defective caps or corks;
627 (ii) has contents that are:
628 (A) cloudy;
629 (B) spoiled; or
630 (C) chemically determined to be impure; or
631 (iii) contains:
632 (A) sediment; or
633 (B) a foreign substance; or
634 (c) is otherwise considered by the department as unfit for sale.
635 [
636 the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or
637 not another ingredient is added.
638 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
639 in this title.
640 [
641 with Chapter 11, Part 3, Winery Manufacturing License.
642 Section 2. Section 32B-4-501 is amended to read:
643 32B-4-501. Operating without a license or permit.
644 (1) A person may not operate the following businesses without first obtaining a license
645 under this title if the business allows a person to purchase or consume an alcoholic product on
646 the premises of the business:
647 (a) a restaurant;
648 (b) an airport lounge;
649 (c) a business operated in the same manner as a club licensee;
650 (d) a resort;
651 (e) a business operated to sell, offer for sale, or furnish beer for on-premise
652 consumption;
653 (f) a business operated as an on-premise banquet licensee; [
654 (g) a business operated in the same manner as a nonprofit limited-service retailer; or
655 [
656 (2) A person conducting an event that is open to the general public may not directly or
657 indirectly sell, offer for sale, or furnish an alcoholic product to a person attending the event
658 without first obtaining an event permit under this title.
659 (3) A person conducting a private event may not directly or indirectly sell or offer for
660 sale an alcoholic product to a person attending the private event without first obtaining an
661 event permit under this title.
662 (4) A person may not operate the following businesses in this state without first
663 obtaining a license under this title:
664 (a) a winery manufacturer;
665 (b) a distillery manufacturer;
666 (c) a brewery manufacturer;
667 (d) a local industry representative of:
668 (i) a manufacturer of an alcoholic product;
669 (ii) a supplier of an alcoholic product; or
670 (iii) an importer of an alcoholic product;
671 (e) a liquor warehouser; or
672 (f) a beer wholesaler.
673 (5) A person may not operate a public conveyance in this state without first obtaining a
674 public service permit under this title if that public conveyance allows a person to purchase or
675 consume an alcoholic product:
676 (a) on the public conveyance; or
677 (b) on the premises of a hospitality room located within a depot, terminal, or similar
678 facility at which a service is provided to a patron of the public conveyance.
679 Section 3. Section 32B-6-1001 is enacted to read:
680
681 32B-6-1001. Title.
682 This part is known as "Nonprofit Limited-Service Retailer License."
683 Section 4. Section 32B-6-1002 is enacted to read:
684 32B-6-1002. Definitions.
685 Reserved
686 Section 5. Section 32B-6-1003 is enacted to read:
687 32B-6-1003. Commission's power to issue nonprofit limited-service retailer
688 license.
689 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
690 wine, heavy beer, or beer on the premises as a nonprofit limited-service retailer, the person
691 shall first obtain a nonprofit limited-service retailer license from the commission in accordance
692 with this part.
693 (2) The commission may issue a nonprofit limited-service retailer license to establish
694 nonprofit limited-service retailer licensed premises at places and in numbers as the commission
695 considers proper for the storage, sale, offer for sale, furnishing, and consumption of wine,
696 heavy beer, or beer on premises operated as a nonprofit limited-service retailer.
697 Section 6. Section 32B-6-1004 is enacted to read:
698 32B-6-1004. Specific licensing requirements for nonprofit limited-service retailer
699 license.
700 (1) To obtain a nonprofit limited-service retailer license a person shall comply with
701 Chapter 5, Part 2, Retail Licensing Process, and provide evidence satisfactory to the department
702 that the person is a nonprofit entity that:
703 (a) is recognized by the Internal Revenue Service as an entity described in Section
704 501(c)(3), Internal Revenue Code;
705 (b) has been in existence for at least one year from the date the nonprofit entity applies
706 for a license under this part; and
707 (c) maintains facilities that will be used as the licensed premises under this chapter.
708 (2) (a) A nonprofit limited-service retailer license expires on the last day of February
709 each year.
710 (b) To renew a person's nonprofit limited-service retailer license, a person shall comply
711 with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
712 January 31 of each year.
713 (3) (a) The nonrefundable application fee for a nonprofit limited-service retailer license
714 is $330.
715 (b) The initial license fee for a nonprofit limited-service retailer license is $825.
716 (c) The renewal fee for a nonprofit limited-service retailer license is $605.
717 (4) The bond amount required for a nonprofit limited-service retailer license is the
718 penal sum of $5,000.
719 (5) A nonprofit limited-service retailer licensee is subject to the proximity
720 requirements of Section 32B-1-202 except when the nonprofit limited-service retailer licensee
721 is a community location.
722 Section 7. Section 32B-6-1005 is enacted to read:
723 32B-6-1005. Specific operational requirements for nonprofit limited-service
724 retailer license.
725 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
726 Requirements, a nonprofit limited-service retailer and staff of the nonprofit limited-service
727 retailer shall comply with this section.
728 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
729 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
730 (i) a nonprofit limited-service retailer;
731 (ii) individual staff of a nonprofit limited-service retailer; or
732 (iii) both a nonprofit limited-service retailer and staff of the nonprofit limited-service
733 retailer.
734 (2) (a) A nonprofit limited-service retailer is not subject to Section 32B-5-302, but
735 shall make and maintain the records the department requires, except that the nonprofit
736 limited-service retailer is required to file with the department an IRS Form 990 in any year that
737 the nonprofit limited-service retailer is required to file an IRS Form 990 with the Internal
738 Revenue Service.
739 (b) If a nonprofit limited-service retailer is not required to file an IRS Form 990 with
740 the Internal Revenue Service, the nonprofit limited-service retailer shall submit financial
741 records in the form the commission requires by rule made in accordance with Title 63G,
742 Chapter 3, Utah Administrative Rulemaking Act.
743 (c) Section 32B-1-205 applies to a record required to be made or maintained in
744 accordance with this Subsection (2).
745 (3) A nonprofit limited-service retailer may not sell, offer for sale, or furnish wine,
746 heavy beer, or beer at its licensed premises during a period that:
747 (a) begins at 1 a.m.; and
748 (b) ends at 9:59 a.m.
749 (4) A nonprofit limited-service retailer may employ a minor subject to Section
750 32B-5-308, except that a nonprofit limited-service retailer may not employ a minor to enter the
751 sale of an alcoholic product at a cash register or other sales recording device.
752 (5) (a) A person may not sell, offer for sale, furnish, or allow the consumption of the
753 following on the licensed premises of a nonprofit limited-service retailer:
754 (i) spirituous liquor; or
755 (ii) a flavored malt beverage.
756 (b) A product listed in Subsection (5)(a) may not be on the premises of a nonprofit
757 limited-service retailer licensee except for use:
758 (i) as a flavoring on a dessert; and
759 (ii) in the preparation of a flaming food dish, drink, or dessert.
760 (6) No more than 15% of the nonprofit limited-service retailer's gross receipts may
761 come from the selling of wine, heavy beer, or beer.
762 (7) A patron may consume wine, heavy beer, or beer at any location within the
763 premises designated for consumption in the floor plan required in Section 32B-5-201.
764 (8) Wine, heavy beer, or beer may only be dispensed from a concession area that is
765 separated from the patron by a bar that is a barrier so that the dispensing and storage of
766 alcoholic beverages is not accessible to a patron.
767 (9) Wine may be poured into a glass from any size container and need not be dispensed
768 through a dispensing system. Heavy beer and beer may be dispensed in accordance with
769 Section 32B-5-304.
770 (10) An individual portion of wine, heavy beer, or beer shall be sold, offered for sale,
771 or furnished in a container that is readily distinguishable from a nonalcoholic beverage.
772 (11) A nonprofit limited-service retailer shall have food available that can be purchased
773 at all times when an alcoholic product is sold, offered for sale, furnished, or consumed on the
774 licensed premises.
775 (12) (a) Wine, heavy beer, or beer shall be listed on a menu or an alcoholic beverage
776 menu.
777 (b) Advertising must comply with the rules issued by the commission under Section
778 32B-1-206.
779 (13) An individual who serves an alcoholic beverage shall wear a unique identification
780 badge showing the individual's first name, the individual's initials, or a number assigned by the
781 employer.
782 (14) (a) A nonprofit limited-service retailer is subject to Chapter 1, Part 5, Attire,
783 Conduct, and Entertainment Act, except that the nonprofit limited-service retailer may petition
784 the commission to inactivate the nonprofit limited-service retailer's license during a time period
785 that an event, presentation, exhibition, show, performance, or civic function occurs that is in
786 violation of Chapter 1, Part 5, Attire, Conduct, and Entertainment Act.
787 (b) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
788 Administrative Rulemaking Act, to provide the process to inactivate a nonprofit limited-service
789 retailer license under this Subsection (14).
Legislative Review Note
as of 2-2-15 5:44 PM
Office of Legislative Research and General Counsel