1     
ALCOHOLIC BEVERAGE SERVICE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Alcoholic Beverage Control Act to address issues related to the
10     regulation of alcoholic products.
11     Highlighted Provisions:
12          This bill:
13          ▸     addresses restrictions related to sitting at a bar structure;
14          ▸     exempts a restaurant from certain restrictions on the dispensing and storage of
15     alcoholic products if the restaurant complies with certain requirements;
16          ▸     addresses a minor in a lounge or bar area of a restaurant; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          32B-6-202, as last amended by Laws of Utah 2011, Chapter 334
25          32B-6-205, as last amended by Laws of Utah 2013, Chapter 353
26          32B-6-302, as last amended by Laws of Utah 2011, Chapter 334
27          32B-6-305, as last amended by Laws of Utah 2013, Chapter 353
28          32B-6-409, as enacted by Laws of Utah 2011, Chapter 334
29          32B-6-905, as last amended by Laws of Utah 2013, Chapter 353
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 32B-6-202 is amended to read:
33          32B-6-202. Definitions.
34          As used in this part:
35          (1) [(a)] "Grandfathered bar structure" means a bar structure in a licensed premises of a
36     full-service restaurant licensee that:
37          [(i)] (a) as of May 11, 2009, has:
38          [(A)] (i) patron seating at the bar structure;
39          [(B)] (ii) a partition at one or more locations on the bar structure that is along:
40          [(I)] (A) the width of the bar structure; or
41          [(II)] (B) the length of the bar structure; and
42          [(C)] (iii) facilities for the dispensing or storage of an alcoholic product:
43          [(I)] (A) on the portion of the bar structure that is separated by the partition described
44     in Subsection (1)(a)[(i)(B)](ii); or
45          [(II)] (B) if the partition as described in Subsection (1)(a)[(i)(B)(II)](ii)(B) is adjacent
46     to the bar structure in a manner visible to a patron sitting at the bar structure;
47          [(ii)] (b) is not operational as of May 12, 2009, if:
48          [(A)] (i) a person applying for a full-service restaurant license:
49          [(I)] (A) has as of May 12, 2009, a building permit to construct the restaurant;
50          [(II)] (B) is as of May 12, 2009, actively engaged in the construction of the restaurant,
51     as defined by rule made by the commission; and
52          [(III)] (C) is issued the full-service restaurant license by no later than December 31,
53     2009; and
54          [(B)] (ii) once constructed, the licensed premises has a bar structure described in
55     Subsection (1)(a)[(i)];
56          [(iii)] (c) as of May 12, 2009, has no patron seating at the bar structure; or
57          [(iv)] (d) is not operational as of May 12, 2009, if:
58          [(A)] (i) a person applying for a full-service restaurant license:
59          [(I)] (A) has as of May 12, 2009, a building permit to construct the restaurant;
60          [(II)] (B) is as of May 12, 2009, actively engaged in the construction of the restaurant,
61     as defined by rule made by the commission; and
62          [(III)] (C) is issued a full-service restaurant license by no later than December 31,
63     2009; and
64          [(B)] (ii) once constructed, the licensed premises has a bar structure with no patron
65     seating.
66          [(b)] (2) "Grandfathered bar structure" does not include a grandfathered bar structure
67     described in Subsection (1)[(a)] on or after the day on which a restaurant remodels the
68     grandfathered bar structure, as defined by rule made by the commission.
69          [(c)] (3) Subject to Subsection [(1)(b)] (2), a grandfathered bar structure remains a
70     grandfathered bar structure notwithstanding whether a restaurant undergoes a change of
71     ownership.
72          [(2) "Seating grandfathered bar structure" means:]
73          [(a) a grandfathered bar structure described in Subsection (1)(a)(i) or (ii); or]
74          [(b) a bar structure grandfathered under Section 32B-6-409.]
75          Section 2. Section 32B-6-205 is amended to read:
76          32B-6-205. Specific operational requirements for a full-service restaurant license.
77          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
78     Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
79     shall comply with this section.
80          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
81     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
82          (i) a full-service restaurant licensee;
83          (ii) individual staff of a full-service restaurant licensee; or
84          (iii) both a full-service restaurant licensee and staff of the full-service restaurant
85     licensee.
86          (2) In addition to complying with Subsection 32B-5-301(3), a full-service restaurant
87     licensee shall display in a prominent place in the restaurant a list of the types and brand names
88     of liquor being furnished through the full-service restaurant licensee's calibrated metered
89     dispensing system.
90          (3) In addition to complying with Section 32B-5-303 and unless exempted under
91     Subsection (14), a full-service restaurant licensee shall store an alcoholic product in a storage
92     area described in Subsection (12)(a).
93          (4) (a) An individual who serves an alcoholic product in a full-service restaurant
94     licensee's premises shall make a written beverage tab for each table or group that orders or
95     consumes an alcoholic product on the premises.
96          (b) A beverage tab required by this Subsection (4) shall list the type and amount of an
97     alcoholic product ordered or consumed.
98          (5) A person's willingness to serve an alcoholic product may not be made a condition
99     of employment as a server with a full-service restaurant licensee.
100          (6) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish liquor at
101     the licensed premises on any day during the period that:
102          (i) begins at midnight; and
103          (ii) ends at 11:29 a.m.
104          (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer during the
105     hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
106     except that a full-service restaurant licensee may not sell, offer for sale, or furnish beer before
107     11:30 a.m. on any day.
108          (7) A full-service restaurant licensee shall maintain at least 70% of its total restaurant
109     business from the sale of food, which does not include:
110          (a) mix for an alcoholic product; or
111          (b) a service charge.
112          (8) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
113     alcoholic product except after the full-service restaurant licensee confirms that the patron has
114     the intent to order food prepared, sold, and furnished at the licensed premises.
115          (b) A full-service restaurant licensee shall maintain on the licensed premises adequate
116     culinary facilities for food preparation and dining accommodations.
117          (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
118     more than two alcoholic products of any kind at a time before the patron.
119          (b) A patron may not have more than one spirituous liquor drink at a time before the
120     patron.
121          (c) An individual portion of wine is considered to be one alcoholic product under
122     Subsection (9)(a).
123          (10) A patron may consume an alcoholic product only:
124          (a) at:
125          (i) the patron's table;
126          (ii) a counter; or
127          (iii) a [seating grandfathered] bar structure; and
128          (b) where food is served.
129          [(11) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
130     alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
131     structure that is not a seating grandfathered bar structure.]
132          [(b) At a seating grandfathered bar structure a patron who is 21 years of age or older
133     may:]
134          [(i) sit;]
135          [(ii) be furnished an alcoholic product; and]
136          [(iii) consume an alcoholic product.]
137          [(c)] (11) (a) Except as provided in Subsection [(11)(d)] (11)(b), at a [seating
138     grandfathered] bar structure a full-service restaurant licensee may not permit a minor to, and a
139     minor may not:
140          (i) sit; or
141          (ii) consume food or beverages.
142          [(d)] (b) (i) A minor may be at a [seating grandfathered] bar structure if the minor is
143     employed by a full-service restaurant licensee:
144          (A) as provided in Subsection 32B-5-308(2); or
145          (B) to perform maintenance and cleaning services during an hour when the full-service
146     restaurant licensee is not open for business.
147          (ii) A minor may momentarily pass by a [seating grandfathered] bar structure without
148     remaining or sitting at the bar structure en route to an area of a full-service restaurant licensee's
149     premises in which the minor is permitted to be.
150          (12) Except as provided in Subsection 32B-5-307(3) or Subsection (14), a full-service
151     restaurant licensee may dispense an alcoholic product only if:
152          (a) the alcoholic product is dispensed from:
153          (i) a grandfathered bar structure;
154          (ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
155     the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
156     12, 2009; or
157          (iii) an area that is:
158          (A) separated from an area for the consumption of food by a patron by a solid,
159     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
160     an alcoholic product are:
161          (I) not readily visible to a patron; and
162          (II) not accessible by a patron; and
163          (B) apart from an area used:
164          (I) for dining;
165          (II) for staging; or
166          (III) as a lobby or waiting area;
167          (b) the full-service restaurant licensee uses an alcoholic product that is:
168          (i) stored in an area described in Subsection (12)(a); or
169          (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
170          (A) immediately before the alcoholic product is dispensed it is in an unopened
171     container;
172          (B) the unopened container is taken to an area described in Subsection (12)(a) before it
173     is opened; and
174          (C) once opened, the container is stored in an area described in Subsection (12)(a); and
175          (c) any instrument or equipment used to dispense alcoholic product is located in an
176     area described in Subsection (12)(a).
177          (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
178     charge or fee made in connection with the sale, service, or consumption of liquor including:
179          (a) a set-up charge;
180          (b) a service charge; or
181          (c) a chilling fee.
182          (14) (a) A full-service restaurant licensee is not required to have a separate storage or
183     dispensing area described in Subsection (12) if the full-service restaurant licensee:
184          (i) establishes a lounge or bar area subject to the limitations in Subsection (14)(b); and
185          (ii) posts a conspicuous sign at all public entrances of the licensed premises stating in
186     large letters that: "Notice: This establishment prepares and dispenses alcoholic products in
187     public view."
188          (b) (i) Once a full-service restaurant licensee establishes a lounge or bar area, the
189     full-service restaurant licensee may not permit a minor to, and a minor may not, do the
190     following in a lounge or bar area of the licensed premises:
191          (A) sit;
192          (B) be served food or beverages; or
193          (C) consume food or beverages.
194          (ii) A minor may be at a lounge or bar area if the minor is employed by a full-service
195     restaurant licensee:
196          (A) as provided in Subsection 32B-5-308(2); or
197          (B) to perform maintenance and cleaning services during an hour when the full-service
198     restaurant licensee is not open for business.
199          (c) A full-service restaurant licensee that has licensed premises of 1,000 square feet or
200     less is not subject to Subsection (14)(a)(i) to be exempt from Subsection (12).
201          (d) A full-service restaurant licensee that has a grandfathered bar structure shall comply
202     with Subsection (12)(a)(iii) or this Subsection (14) by no later than July 1, 2017.
203          (e) The commission and department shall facilitate consistency in the format of a sign
204     described in Subsection (14)(a).
205          Section 3. Section 32B-6-302 is amended to read:
206          32B-6-302. Definitions.
207          As used in this part:
208          (1) (a) "Grandfathered bar structure" means a bar structure in a licensed premises of a
209     limited-service restaurant licensee that:
210          (i) as of May 11, 2009, has:
211          (A) patron seating at the bar structure;
212          (B) a partition at one or more locations on the bar structure that is along:
213          (I) the width of the bar structure; or
214          (II) the length of the bar structure; and
215          (C) facilities for the dispensing or storage of an alcoholic product:
216          (I) on the portion of the bar structure that is separated by the partition described in
217     Subsection (1)(a)(i)(B); or
218          (II) if the partition as described in Subsection (1)(a)(i)(B)(II) is adjacent to the bar
219     structure in a manner visible to a patron sitting at the bar structure;
220          (ii) is not operational as of May 12, 2009, if:
221          (A) a person applying for a limited-service restaurant license:
222          (I) has as of May 12, 2009, a building permit to construct the restaurant;
223          (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
224     defined by rule made by the commission; and
225          (III) is issued the limited-service restaurant license by no later than December 31,
226     2009; and
227          (B) once constructed, the licensed premises has a bar structure described in Subsection
228     (1)(a)(i);
229          (iii) as of May 12, 2009, has no patron seating at the bar structure; or
230          (iv) is not operational as of May 12, 2009, if:
231          (A) a person applying for a limited-service restaurant license:
232          (I) has as of May 12, 2009, a building permit to construct the restaurant;
233          (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
234     defined by rule made by the commission; and
235          (III) is issued a limited-service restaurant license by no later than December 31, 2009;
236     and
237          (B) once constructed, the licensed premises has a bar structure with no patron seating.
238          (b) "Grandfathered bar structure" does not include a grandfathered bar structure
239     described in Subsection (1)(a) on or after the day on which a restaurant remodels the
240     grandfathered bar structure, as defined by rule made by the commission.
241          (c) Subject to Subsection (1)(b), a grandfathered bar structure remains a grandfathered
242     bar structure notwithstanding whether a restaurant undergoes a change of ownership.
243          [(2) "Seating grandfathered bar structure" means:]
244          [(a) a grandfathered bar structure described in Subsection (1)(a)(i) or (ii); or]
245          [(b) a bar structure grandfathered under Section 32B-6-409.]
246          [(3)] (2) "Wine" includes an alcoholic beverage defined as wine under 27 U.S.C. Sec.
247     211 and 27 C.F.R. Sec. 4.10, including the following alcoholic beverages made in the manner
248     of wine containing not less than 7% and not more than 24% of alcohol by volume:
249          (a) sparkling and carbonated wine;
250          (b) wine made from condensed grape must;
251          (c) wine made from other agricultural products than the juice of sound, ripe grapes;
252          (d) imitation wine;
253          (e) compounds sold as wine;
254          (f) vermouth;
255          (g) cider;
256          (h) perry; and
257          (i) sake.
258          Section 4. Section 32B-6-305 is amended to read:
259          32B-6-305. Specific operational requirements for a limited-service restaurant
260     license.
261          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
262     Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
263     licensee shall comply with this section.
264          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
265     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
266          (i) a limited-service restaurant licensee;
267          (ii) individual staff of a limited-service restaurant licensee; or
268          (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
269     licensee.
270          (2) (a) A limited-service restaurant licensee on the licensed premises may not sell, offer
271     for sale, furnish, or allow consumption of:
272          (i) spirituous liquor; or
273          (ii) a flavored malt beverage.
274          (b) A product listed in Subsection (2)(a) may not be on the premises of a
275     limited-service restaurant licensee except for use:
276          (i) as a flavoring on a dessert; and
277          (ii) in the preparation of a flaming food dish, drink, or dessert.
278          (3) In addition to complying with Section 32B-5-303 and unless exempted under
279     Subsection (14), a limited-service restaurant licensee shall store an alcoholic product in a
280     storage area described in Subsection (12)(a).
281          (4) (a) An individual who serves an alcoholic product in a limited-service restaurant
282     licensee's premises shall make a written beverage tab for each table or group that orders or
283     consumes an alcoholic product on the premises.
284          (b) A beverage tab required by this Subsection (4) shall list the type and amount of an
285     alcoholic product ordered or consumed.
286          (5) A person's willingness to serve an alcoholic product may not be made a condition
287     of employment as a server with a limited-service restaurant licensee.
288          (6) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish wine
289     or heavy beer at the licensed premises on any day during the period that:
290          (i) begins at midnight; and
291          (ii) ends at 11:29 a.m.
292          (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer during
293     the hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
294     except that a limited-service restaurant licensee may not sell, offer for sale, or furnish beer
295     before 11:30 a.m. on any day.
296          (7) A limited-service restaurant licensee shall maintain at least 70% of its total
297     restaurant business from the sale of food, which does not include a service charge.
298          (8) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
299     alcoholic product except after the limited-service restaurant licensee confirms that the patron
300     has the intent to order food prepared, sold, and furnished at the licensed premises.
301          (b) A limited-service restaurant licensee shall maintain on the licensed premises
302     adequate culinary facilities for food preparation and dining accommodations.
303          (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
304     more than two alcoholic products of any kind at a time before the patron.
305          (b) An individual portion of wine is considered to be one alcoholic product under
306     Subsection (9)(a).
307          (10) A patron may consume an alcoholic product only:
308          (a) at:
309          (i) the patron's table;
310          (ii) a counter; or
311          (iii) a [seating grandfathered] bar structure; and
312          (b) where food is served.
313          [(11) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
314     alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
315     structure that is not a seating grandfathered bar structure.]
316          [(b) At a seating grandfathered bar structure a patron who is 21 years of age or older
317     may:]
318          [(i) sit;]
319          [(ii) be furnished an alcoholic product; and]
320          [(iii) consume an alcoholic product.]
321          [(c)] (11) (a) Except as provided in Subsection [(11)(d)] (11)(b), at a [seating
322     grandfathered] bar structure a limited-service restaurant licensee may not permit a minor to,
323     and a minor may not:
324          (i) sit; or
325          (ii) consume food or beverages.
326          [(d)] (b) (i) A minor may be at a [seating grandfathered] bar structure if the minor is
327     employed by a limited-service restaurant licensee:
328          (A) as provided in Subsection 32B-5-308(2); or
329          (B) to perform maintenance and cleaning services during an hour when the
330     limited-service restaurant licensee is not open for business.
331          (ii) A minor may momentarily pass by a [seating grandfathered] bar structure without
332     remaining or sitting at the bar structure en route to an area of a limited-service restaurant
333     licensee's premises in which the minor is permitted to be.
334          (12) Except as provided in Subsection 32B-5-307(3) or exempted under Subsection
335     (14), a limited-service restaurant licensee may dispense an alcoholic product only if:
336          (a) the alcoholic product is dispensed from:
337          (i) a grandfathered bar structure;
338          (ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
339     the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
340     12, 2009; or
341          (iii) an area that is:
342          (A) separated from an area for the consumption of food by a patron by a solid,
343     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
344     an alcoholic product are:
345          (I) not readily visible to a patron; and
346          (II) not accessible by a patron; and
347          (B) apart from an area used:
348          (I) for dining;
349          (II) for staging; or
350          (III) as a lobby or waiting area;
351          (b) the limited-service restaurant licensee uses an alcoholic product that is:
352          (i) stored in an area described in Subsection (12)(a); or
353          (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
354          (A) immediately before the alcoholic product is dispensed it is in an unopened
355     container;
356          (B) the unopened container is taken to an area described in Subsection (12)(a) before it
357     is opened; and
358          (C) once opened, the container is stored in an area described in Subsection (12)(a); and
359          (c) any instrument or equipment used to dispense alcoholic product is located in an
360     area described in Subsection (12)(a).
361          (13) A limited-service restaurant licensee may state in a food or alcoholic product
362     menu a charge or fee made in connection with the sale, service, or consumption of wine or
363     heavy beer including:
364          (a) a set-up charge;
365          (b) a service charge; or
366          (c) a chilling fee.
367          (14) (a) A limited-service restaurant licensee is not required to have a separate storage
368     or dispensing area described in Subsection (12) if the limited-service restaurant licensee:
369          (i) establishes a lounge or bar area subject to the limitations in Subsection (14)(b); and
370          (ii) posts a conspicuous sign at all public entrances of the licensed premises stating in
371     large letters that: "Notice: This establishment prepares and dispenses alcoholic products in
372     public view."
373          (b) (i) Once a limited-service restaurant licensee establishes a lounge or bar area, the
374     limited-service restaurant licensee may not permit a minor to, and a minor may not, do the
375     following in a lounge or bar area of the licensed premises:
376          (A) sit;
377          (B) be served food or beverages; or
378          (C) consume food or beverages.
379          (ii) A minor may be at a lounge or bar area if the minor is employed by a
380     limited-service restaurant licensee:
381          (A) as provided in Subsection 32B-5-308(2); or
382          (B) to perform maintenance and cleaning services during an hour when the
383     limited-service restaurant licensee is not open for business.
384          (c) A limited-service restaurant licensee that has licensed premises of 1,000 square feet
385     or less is not subject to Subsection (14)(a)(i) to be exempt from Subsection (12).
386          (d) A limited-service restaurant licensee that has a grandfathered bar structure shall
387     comply with Subsection (12)(a)(iii) or this Subsection (14) by no later than July 1, 2017.
388          (e) The commission and department shall facilitate consistency in the format of a sign
389     described in Subsection (14)(a).
390          Section 5. Section 32B-6-409 is amended to read:
391          32B-6-409. Conversion from dining club license to different type of retail license.
392          (1) In accordance with this section, a dining club licensee may convert its dining club
393     license to a different type of retail license, including a different type of club license during the
394     time period:
395          (a) beginning on July 1, 2011; and
396          (b) ending on June 30, 2013.
397          (2) A dining club licensee may convert its dining license only to a retail license for
398     which the dining club licensee qualifies.
399          (3) The commission shall provide a procedure for a dining club to convert to a different
400     type of retail license as provided in this section by rule made in accordance with Title 63G,
401     Chapter 3, Utah Administrative Rulemaking Act.
402          (4) After a dining club license is converted to another type of retail license, the retail
403     licensee shall operate under the provisions relevant to the type of retail license held by the retail
404     licensee, except that, in accordance with Section 32B-1-201, the retail license is not considered
405     in determining the total number of licenses available for that type of retail license.
406          (5) If a dining club license is converted to [full-service restaurant license,
407     limited-service restaurant license, or] a beer-only restaurant license, the bar structure of the
408     dining club is considered[: (a) a seating grandfathered bar structure for purposes of a
409     full-service restaurant license or a limited-service restaurant license; or (b)] a grandfathered bar
410     structure for purposes of a beer-only restaurant license.
411          Section 6. Section 32B-6-905 is amended to read:
412          32B-6-905. Specific operational requirements for a beer-only restaurant license.
413          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
414     Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
415     shall comply with this section.
416          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
417     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
418          (i) a beer-only restaurant licensee;
419          (ii) individual staff of a beer-only restaurant licensee; or
420          (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
421          (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
422     sale, furnish, or allow consumption of liquor.
423          (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
424          (i) as a flavoring on a dessert; and
425          (ii) in the preparation of a flaming food dish, drink, or dessert.
426          (3) In addition to complying with Section 32B-5-303, and unless exempt under
427     Subsection (13), a beer-only restaurant licensee shall store beer in a storage area described in
428     Subsection (12)(a).
429          (4) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
430     make a written beverage tab for each table or group that orders or consumes an alcoholic
431     product on the premises.
432          (b) A beverage tab required by this Subsection (4) shall list the type and amount of
433     beer ordered or consumed.
434          (5) A person's willingness to serve beer may not be made a condition of employment as
435     a server with a beer-only restaurant licensee.
436          (6) A beer-only restaurant licensee may sell, offer for sale, or furnish beer during the
437     hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
438     except that a beer-only restaurant licensee may not sell, offer for sale, or furnish beer before
439     11:30 a.m. on any day.
440          (7) A beer-only restaurant licensee shall maintain at least 70% of its total restaurant
441     business from the sale of food, which does not include a service charge.
442          (8) (a) A beer-only restaurant may not sell, offer for sale, or furnish beer except after
443     the beer-only restaurant licensee confirms that the patron has the intent to order food prepared,
444     sold, and furnished at the licensed premises.
445          (b) A beer-only restaurant shall maintain on the licensed premises adequate culinary
446     facilities for food preparation and dining accommodations.
447          (9) A patron may not have more than two beers at a time before the patron.
448          (10) A patron may consume a beer only:
449          (a) at:
450          (i) the patron's table;
451          (ii) a [grandfathered] bar structure; or
452          (iii) a counter; and
453          (b) where food is served.
454          [(11) (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish a beer to
455     a patron, and a patron may not consume an alcoholic product at a bar structure.]
456          [(b) Notwithstanding Subsection (11)(a), at a grandfathered bar structure, a patron who
457     is 21 years of age or older may:]
458          [(i) sit;]
459          [(ii) be furnished a beer; and]
460          [(iii) consume a beer.]
461          [(c)] (11) (a) Except as provided in Subsection [(11)(d)] (11)(b), at a [grandfathered]
462     bar structure, a beer-only restaurant licensee may not permit a minor to, and a minor may not:
463          (i) sit; or
464          (ii) consume food or beverages.
465          [(d)] (b) (i) A minor may be at a [grandfathered] bar structure if the minor is employed
466     by a beer-only restaurant licensee:
467          (A) as provided in Subsection 32B-5-308(2); or
468          (B) to perform maintenance and cleaning services during an hour when the beer-only
469     restaurant licensee is not open for business.
470          (ii) A minor may momentarily pass by a [grandfathered] bar structure without
471     remaining or sitting at the bar structure en route to an area of a beer-only restaurant licensee's
472     premises in which the minor is permitted to be.
473          (12) A beer-only restaurant licensee may dispense a beer only if:
474          (a) the beer is dispensed from an area that is:
475          (i) a grandfathered bar structure; or
476          (ii) separated from an area for the consumption of food by a patron by a solid,
477     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
478     an alcoholic product are not readily visible to a patron, not accessible by a patron, and apart
479     from an area used for dining, for staging, or as a lobby or waiting area;
480          (b) the beer-only restaurant licensee uses a beer that is:
481          (i) stored in an area described in Subsection (12)(a); or
482          (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
483          (A) immediately before the beer is dispensed it is in an unopened container;
484          (B) the unopened container is taken to an area described in Subsection (12)(a) before it
485     is opened; and
486          (C) once opened, the container is stored in an area described in Subsection (12)(a); and
487          (c) any instrument or equipment used to dispense the beer is located in an area
488     described in Subsection (12)(a).
489          (13) (a) A beer-only restaurant licensee is not required to have a separate storage or
490     dispensing area described in Subsection (12) if the beer-only restaurant licensee:
491          (i) establishes a lounge or bar area subject to the limitations in Subsection (13)(b); and
492          (ii) posts a conspicuous sign at all public entrances of the licensed premises stating in
493     large letters that: "Notice: This establishment prepares and dispenses alcoholic products in
494     public view."
495          (b) (i) Once a beer-only restaurant licensee establishes a lounge or bar area, the
496     beer-only restaurant licensee may not permit a minor to, and a minor may not, do the following
497     in a lounge or bar area of the licensed premises:
498          (A) sit;
499          (B) be served food or beverages; or
500          (C) consume food or beverages.
501          (ii) A minor may be at a lounge or bar area if the minor is employed by a beer-only
502     restaurant licensee:
503          (A) as provided in Subsection 32B-5-308(2); or
504          (B) to perform maintenance and cleaning services during an hour when the beer-only
505     restaurant licensee is not open for business.
506          (c) A beer-only restaurant licensee that has licensed premises of 1,000 square feet or
507     less is not subject to Subsection (13)(a)(i) to be exempt from Subsection (12).
508          (d) A beer-only restaurant licensee that has a grandfathered bar structure shall comply
509     with Subsection (12)(a)(ii) or this Subsection (13) by no later than July 1, 2017.
510          (e) The commission and department shall facilitate consistency in the format of a sign
511     described in Subsection (13)(a).




Legislative Review Note
     as of 2-13-15 11:40 AM

Office of Legislative Research and General Counsel