1     
ALCOHOL AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jim Dabakis

5     
House 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          ▸     eliminates certain restrictions on the dispensing and storage of alcoholic products
14     for the following types of licensees:
15               •     a full-service restaurant licensee;
16               •     a limited-service restaurant licensee;
17               •     a beer-only restaurant licensee; and
18               •     a reception center licensee;
19          ▸     eliminates the defined terms of "grandfathered bar structure" and "seated
20     grandfathered bar structure";
21          ▸     addresses restrictions related to sitting at a bar structure;
22          ▸     addresses a minor in a bar area of a restaurant;
23          ▸     repeals obsolete provisions that provided a credit to a full-service restaurant licensee
24     or a limited-service restaurant licensee that completes a remodel of a grandfathered
25     bar structure; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          32B-1-102, as last amended by Laws of Utah 2013, Chapter 349
34          32B-6-202, as last amended by Laws of Utah 2011, Chapter 334
35          32B-6-205, as last amended by Laws of Utah 2013, Chapter 353
36          32B-6-302, as last amended by Laws of Utah 2011, Chapter 334
37          32B-6-305, as last amended by Laws of Utah 2013, Chapter 353
38          32B-6-409, as enacted by Laws of Utah 2011, Chapter 334
39          32B-6-703, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
40          32B-6-805, as last amended by Laws of Utah 2012, Chapter 365
41          32B-6-902, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
42          32B-6-905, as last amended by Laws of Utah 2013, Chapter 353
43          32B-8-402, as last amended by Laws of Utah 2011, Chapter 334
44     REPEALS:
45          32B-6-205.1, as enacted by Laws of Utah 2010, Chapter 276
46          32B-6-305.1, as enacted by Laws of Utah 2010, Chapter 276
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 32B-1-102 is amended to read:
50          32B-1-102. Definitions.
51          As used in this title:
52          (1) "Airport lounge" means a business location:
53          (a) at which an alcoholic product is sold at retail for consumption on the premises; and
54          (b) that is located at an international airport with a United States Customs office on the
55     premises of the international airport.
56          (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
57     Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
58          (3) "Alcoholic beverage" means the following:
59          (a) beer; or
60          (b) liquor.
61          (4) (a) "Alcoholic product" means a product that:
62          (i) contains at least .5% of alcohol by volume; and
63          (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
64     process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
65     in an amount equal to or greater than .5% of alcohol by volume.
66          (b) "Alcoholic product" includes an alcoholic beverage.
67          (c) "Alcoholic product" does not include any of the following common items that
68     otherwise come within the definition of an alcoholic product:
69          (i) except as provided in Subsection (4)(d), an extract;
70          (ii) vinegar;
71          (iii) cider;
72          (iv) essence;
73          (v) tincture;
74          (vi) food preparation; or
75          (vii) an over-the-counter medicine.
76          (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
77     when it is used as a flavoring in the manufacturing of an alcoholic product.
78          (5) "Alcohol training and education seminar" means a seminar that is:
79          (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
80          (b) described in Section 62A-15-401.
81          (6) "Banquet" means an event:
82          (a) that is held at one or more designated locations approved by the commission in or
83     on the premises of a:
84          (i) hotel;
85          (ii) resort facility;
86          (iii) sports center; or
87          (iv) convention center;
88          (b) for which there is a contract:
89          (i) between a person operating a facility listed in Subsection (6)(a) and another person;
90     and
91          (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
92     provide an alcoholic product at the event; and
93          (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
94          (7) (a) "Bar" means a surface or structure:
95          (i) at which an alcoholic product is:
96          (A) stored; or
97          (B) dispensed; or
98          (ii) from which an alcoholic product is served.
99          (b) "Bar structure" means a surface or structure on a licensed premises if on or at any
100     place of the surface or structure an alcoholic product is:
101          (i) stored; or
102          (ii) dispensed.
103          (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
104          (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
105     volume or 3.2% by weight; and
106          (ii) is obtained by fermentation, infusion, or decoction of malted grain.
107          (b) "Beer" may or may not contain hops or other vegetable products.
108          (c) "Beer" includes a product that:
109          (i) contains alcohol in the percentages described in Subsection (8)(a); and
110          (ii) is referred to as:
111          (A) beer;
112          (B) ale;
113          (C) porter;
114          (D) stout;
115          (E) lager; or
116          (F) a malt or malted beverage.
117          (d) "Beer" does not include a flavored malt beverage.
118          (9) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
119     Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
120          (10) "Beer retailer" means a business:
121          (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
122     whether for consumption on or off the business premises; and
123          (b) to whom a license is issued:
124          (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
125     Beer Retailer Local Authority; or
126          (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
127     and Chapter 6, Part 7, On-Premise Beer Retailer License.
128          (11) "Beer wholesaling license" means a license:
129          (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
130          (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
131     retail licensees or off-premise beer retailers.
132          (12) "Billboard" means a public display used to advertise, including:
133          (a) a light device;
134          (b) a painting;
135          (c) a drawing;
136          (d) a poster;
137          (e) a sign;
138          (f) a signboard; or
139          (g) a scoreboard.
140          (13) "Brewer" means a person engaged in manufacturing:
141          (a) beer;
142          (b) heavy beer; or
143          (c) a flavored malt beverage.
144          (14) "Brewery manufacturing license" means a license issued in accordance with
145     Chapter 11, Part 5, Brewery Manufacturing License.
146          (15) "Certificate of approval" means a certificate of approval obtained from the
147     department under Section 32B-11-201.
148          (16) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
149     a bus company to a group of persons pursuant to a common purpose:
150          (a) under a single contract;
151          (b) at a fixed charge in accordance with the bus company's tariff; and
152          (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
153     motor vehicle, and a driver to travel together to one or more specified destinations.
154          (17) "Church" means a building:
155          (a) set apart for worship;
156          (b) in which religious services are held;
157          (c) with which clergy is associated; and
158          (d) that is tax exempt under the laws of this state.
159          (18) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
160     License Act, and Chapter 6, Part 4, Club License.
161          (b) "Club license" includes:
162          (i) a dining club license;
163          (ii) an equity club license;
164          (iii) a fraternal club license; or
165          (iv) a social club license.
166          (19) "Commission" means the Alcoholic Beverage Control Commission created in
167     Section 32B-2-201.
168          (20) "Commissioner" means a member of the commission.
169          (21) "Community location" means:
170          (a) a public or private school;
171          (b) a church;
172          (c) a public library;
173          (d) a public playground; or
174          (e) a public park.
175          (22) "Community location governing authority" means:
176          (a) the governing body of the community location; or
177          (b) if the commission does not know who is the governing body of a community
178     location, a person who appears to the commission to have been given on behalf of the
179     community location the authority to prohibit an activity at the community location.
180          (23) "Container" means a receptacle that contains an alcoholic product, including:
181          (a) a bottle;
182          (b) a vessel; or
183          (c) a similar item.
184          (24) "Convention center" means a facility that is:
185          (a) in total at least 30,000 square feet; and
186          (b) otherwise defined as a "convention center" by the commission by rule.
187          (25) (a) Subject to Subsection (25)(b), "counter" means a surface or structure in a
188     dining area of a licensed premises where seating is provided to a patron for service of food.
189          (b) "Counter" does not include a surface or structure if on or at any point of the surface
190     or structure an alcoholic product is:
191          (i) stored; or
192          (ii) dispensed.
193          (26) "Department" means the Department of Alcoholic Beverage Control created in
194     Section 32B-2-203.
195          (27) "Department compliance officer" means an individual who is:
196          (a) an auditor or inspector; and
197          (b) employed by the department.
198          (28) "Department sample" means liquor that is placed in the possession of the
199     department for testing, analysis, and sampling.
200          (29) "Dining club license" means a license issued in accordance with Chapter 5, Retail
201     License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
202     dining club license.
203          (30) "Director," unless the context requires otherwise, means the director of the
204     department.
205          (31) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
206     title:
207          (a) against a person subject to administrative action; and
208          (b) that is brought on the basis of a violation of this title.
209          [(32) (a) Subject to Subsection (32)(b), "dispense" means:]
210          [(i) drawing of an alcoholic product:]
211          [(A) from an area where it is stored; or]
212          [(B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
213     32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and]
214          [(ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of
215     the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
216     retail licensee.]
217          [(b) The definition of "dispense" in this Subsection (32) applies only to:]
218          [(i) a full-service restaurant license;]
219          [(ii) a limited-service restaurant license;]
220          [(iii) a reception center license; and]
221          [(iv) a beer-only restaurant license.]
222          [(33)] (32) "Distillery manufacturing license" means a license issued in accordance
223     with Chapter 11, Part 4, Distillery Manufacturing License.
224          [(34)] (33) "Distressed merchandise" means an alcoholic product in the possession of
225     the department that is saleable, but for some reason is unappealing to the public.
226          [(35)] (34) "Educational facility" includes:
227          (a) a nursery school;
228          (b) an infant day care center; and
229          (c) a trade and technical school.
230          [(36)] (35) "Equity club license" means a license issued in accordance with Chapter 5,
231     Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
232     as an equity club license.
233          [(37)] (36) "Event permit" means:
234          (a) a single event permit; or
235          (b) a temporary beer event permit.
236          [(38)] (37) "Exempt license" means a license exempt under Section 32B-1-201 from
237     being considered in determining the total number of a retail license that the commission may
238     issue at any time.
239          [(39)] (38) (a) "Flavored malt beverage" means a beverage:
240          (i) that contains at least .5% alcohol by volume;
241          (ii) that is treated by processing, filtration, or another method of manufacture that is not
242     generally recognized as a traditional process in the production of a beer as described in 27
243     C.F.R. Sec. 25.55;
244          (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
245     extract; and
246          (iv) (A) for which the producer is required to file a formula for approval with the
247     federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
248          (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
249          (b) "Flavored malt beverage" is considered liquor for purposes of this title.
250          [(40)] (39) "Fraternal club license" means a license issued in accordance with Chapter
251     5, Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the
252     commission as a fraternal club license.
253          [(41)] (40) "Full-service restaurant license" means a license issued in accordance with
254     Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
255          [(42)] (41) (a) "Furnish" means by any means to provide with, supply, or give an
256     individual an alcoholic product, by sale or otherwise.
257          (b) "Furnish" includes to:
258          (i) serve;
259          (ii) deliver; or
260          (iii) otherwise make available.
261          [(43)] (42) "Guest" means an individual who meets the requirements of Subsection
262     32B-6-407(9).
263          [(44)] (43) "Health care practitioner" means:
264          (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
265          (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
266          (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
267          (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
268     Act;
269          (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
270     Nurse Practice Act;
271          (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
272     Practice Act;
273          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
274     Therapy Practice Act;
275          (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
276          (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
277     Professional Practice Act;
278          (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
279          (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
280     Practice Act;
281          (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
282     Hygienist Practice Act; and
283          (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
284          [(45)] (44) (a) "Heavy beer" means a product that:
285          (i) contains more than 4% alcohol by volume; and
286          (ii) is obtained by fermentation, infusion, or decoction of malted grain.
287          (b) "Heavy beer" is considered liquor for the purposes of this title.
288          [(46)] (45) "Hotel" is as defined by the commission by rule.
289          [(47)] (46) "Identification card" means an identification card issued under Title 53,
290     Chapter 3, Part 8, Identification Card Act.
291          [(48)] (47) "Industry representative" means an individual who is compensated by
292     salary, commission, or other means for representing and selling an alcoholic product of a
293     manufacturer, supplier, or importer of liquor.
294          [(49)] (48) "Industry representative sample" means liquor that is placed in the
295     possession of the department for testing, analysis, and sampling by a local industry
296     representative on the premises of the department to educate the local industry representative of
297     the quality and characteristics of the product.
298          [(50)] (49) "Interdicted person" means a person to whom the sale, offer for sale, or
299     furnishing of an alcoholic product is prohibited by:
300          (a) law; or
301          (b) court order.
302          [(51)] (50) "Intoxicated" means that a person:
303          (a) is significantly impaired as to the person's mental or physical functions as a result of
304     the use of:
305          (i) an alcoholic product;
306          (ii) a controlled substance;
307          (iii) a substance having the property of releasing toxic vapors; or
308          (iv) a combination of Subsections [(51)] (50)(a)(i) through (iii); and
309          (b) exhibits plain and easily observed outward manifestations of behavior or physical
310     signs produced by the overconsumption of an alcoholic product.
311          [(52)] (51) "Investigator" means an individual who is:
312          (a) a department compliance officer; or
313          (b) a nondepartment enforcement officer.
314          [(53)] (52) "Invitee" [is as] means the same as that term is defined in Section
315     32B-8-102.
316          [(54)] (53) "License" means:
317          (a) a retail license;
318          (b) a license issued in accordance with Chapter 11, Manufacturing and Related
319     Licenses Act;
320          (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
321     or
322          (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
323          [(55)] (54) "Licensee" means a person who holds a license.
324          [(56)] (55) "Limited-service restaurant license" means a license issued in accordance
325     with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
326          [(57)] (56) "Limousine" means a motor vehicle licensed by the state or a local
327     authority, other than a bus or taxicab:
328          (a) in which the driver and a passenger are separated by a partition, glass, or other
329     barrier;
330          (b) that is provided by a business entity to one or more individuals at a fixed charge in
331     accordance with the business entity's tariff; and
332          (c) to give the one or more individuals the exclusive use of the limousine and a driver
333     to travel to one or more specified destinations.
334          [(58)] (57) (a) (i) "Liquor" means a liquid that:
335          (A) is:
336          (I) alcohol;
337          (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
338          (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
339          (IV) other drink or drinkable liquid; and
340          (B) (I) contains at least .5% alcohol by volume; and
341          (II) is suitable to use for beverage purposes.
342          (ii) "Liquor" includes:
343          (A) heavy beer;
344          (B) wine; and
345          (C) a flavored malt beverage.
346          (b) "Liquor" does not include beer.
347          [(59)] (58) "Liquor Control Fund" means the enterprise fund created by Section
348     32B-2-301.
349          [(60)] (59) "Liquor warehousing license" means a license that is issued:
350          (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
351          (b) to a person, other than a licensed manufacturer, who engages in the importation for
352     storage, sale, or distribution of liquor regardless of amount.
353          [(61)] (60) "Local authority" means:
354          (a) for premises that are located in an unincorporated area of a county, the governing
355     body of a county; or
356          (b) for premises that are located in an incorporated city or a town, the governing body
357     of the city or town.
358          [(62)] (61) "Lounge or bar area" is as defined by rule made by the commission.
359          [(63)] (62) "Manufacture" means to distill, brew, rectify, mix, compound, process,
360     ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to
361     others.
362          [(64)] (63) "Member" means an individual who, after paying regular dues, has full
363     privileges in an equity club licensee or fraternal club licensee.
364          [(65)] (64) (a) "Military installation" means a base, air field, camp, post, station, yard,
365     center, or homeport facility for a ship:
366          (i) (A) under the control of the United States Department of Defense; or
367          (B) of the National Guard;
368          (ii) that is located within the state; and
369          (iii) including a leased facility.
370          (b) "Military installation" does not include a facility used primarily for:
371          (i) civil works;
372          (ii) a rivers and harbors project; or
373          (iii) a flood control project.
374          [(66)] (65) "Minor" means an individual under the age of 21 years.
375          [(67)] (66) "Nondepartment enforcement agency" means an agency that:
376          (a) (i) is a state agency other than the department; or
377          (ii) is an agency of a county, city, or town; and
378          (b) has a responsibility to enforce one or more provisions of this title.
379          [(68)] (67) "Nondepartment enforcement officer" means an individual who is:
380          (a) a peace officer, examiner, or investigator; and
381          (b) employed by a nondepartment enforcement agency.
382          [(69)] (68) (a) "Off-premise beer retailer" means a beer retailer who is:
383          (i) licensed in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local
384     Authority; and
385          (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
386     premises.
387          (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
388          [(70)] (69) "On-premise banquet license" means a license issued in accordance with
389     Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
390          [(71)] (70) "On-premise beer retailer" means a beer retailer who is:
391          (a) authorized to sell, offer for sale, or furnish beer under a license issued in
392     accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
393     Retailer License; and
394          (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
395     premises:
396          (i) regardless of whether the beer retailer sells beer for consumption off the licensed
397     premises; and
398          (ii) on and after March 1, 2012, operating:
399          (A) as a tavern; or
400          (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
401          [(72)] (71) "Opaque" means impenetrable to sight.
402          [(73)] (72) "Package agency" means a retail liquor location operated:
403          (a) under an agreement with the department; and
404          (b) by a person:
405          (i) other than the state; and
406          (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
407     Agency, to sell packaged liquor for consumption off the premises of the package agency.
408          [(74)] (73) "Package agent" means a person who holds a package agency.
409          [(75)] (74) "Patron" means an individual to whom food, beverages, or services are sold,
410     offered for sale, or furnished, or who consumes an alcoholic product including:
411          (a) a customer;
412          (b) a member;
413          (c) a guest;
414          (d) an attendee of a banquet or event;
415          (e) an individual who receives room service;
416          (f) a resident of a resort;
417          (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
418     or
419          (h) an invitee.
420          [(76)] (75) "Permittee" means a person issued a permit under:
421          (a) Chapter 9, Event Permit Act; or
422          (b) Chapter 10, Special Use Permit Act.
423          [(77)] (76) "Person subject to administrative action" means:
424          (a) a licensee;
425          (b) a permittee;
426          (c) a manufacturer;
427          (d) a supplier;
428          (e) an importer;
429          (f) one of the following holding a certificate of approval:
430          (i) an out-of-state brewer;
431          (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
432          (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
433          (g) staff of:
434          (i) a person listed in Subsections [(77)] (76)(a) through (f); or
435          (ii) a package agent.
436          [(78)] (77) "Premises" means a building, enclosure, or room used in connection with
437     the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
438     product, unless otherwise defined in this title or rules made by the commission.
439          [(79)] (78) "Prescription" means an order issued by a health care practitioner when:
440          (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
441     to prescribe a controlled substance, other drug, or device for medicinal purposes;
442          (b) the order is made in the course of that health care practitioner's professional
443     practice; and
444          (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
445          [(80)] (79) (a) "Private event" means a specific social, business, or recreational event:
446          (i) for which an entire room, area, or hall is leased or rented in advance by an identified
447     group; and
448          (ii) that is limited in attendance to people who are specifically designated and their
449     guests.
450          (b) "Private event" does not include an event to which the general public is invited,
451     whether for an admission fee or not.
452          [(81)] (80) (a) "Proof of age" means:
453          (i) an identification card;
454          (ii) an identification that:
455          (A) is substantially similar to an identification card;
456          (B) is issued in accordance with the laws of a state other than Utah in which the
457     identification is issued;
458          (C) includes date of birth; and
459          (D) has a picture affixed;
460          (iii) a valid driver license certificate that:
461          (A) includes date of birth;
462          (B) has a picture affixed; and
463          (C) is issued:
464          (I) under Title 53, Chapter 3, Uniform Driver License Act; or
465          (II) in accordance with the laws of the state in which it is issued;
466          (iv) a military identification card that:
467          (A) includes date of birth; and
468          (B) has a picture affixed; or
469          (v) a valid passport.
470          (b) "Proof of age" does not include a driving privilege card issued in accordance with
471     Section 53-3-207.
472          [(82)] (81) (a) "Public building" means a building or permanent structure that is:
473          (i) owned or leased by:
474          (A) the state; or
475          (B) a local government entity; and
476          (ii) used for:
477          (A) public education;
478          (B) transacting public business; or
479          (C) regularly conducting government activities.
480          (b) "Public building" does not include a building owned by the state or a local
481     government entity when the building is used by a person, in whole or in part, for a proprietary
482     function.
483          [(83)] (82) "Public conveyance" means a conveyance to which the public or a portion
484     of the public has access to and a right to use for transportation, including an airline, railroad,
485     bus, boat, or other public conveyance.
486          [(84)] (83) "Reception center" means a business that:
487          (a) operates facilities that are at least 5,000 square feet; and
488          (b) has as its primary purpose the leasing of the facilities described in Subsection [(84)]
489     (83)(a) to a third party for the third party's event.
490          [(85)] (84) "Reception center license" means a license issued in accordance with
491     Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
492          [(86)] (85) (a) "Record" means information that is:
493          (i) inscribed on a tangible medium; or
494          (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
495          (b) "Record" includes:
496          (i) a book;
497          (ii) a book of account;
498          (iii) a paper;
499          (iv) a contract;
500          (v) an agreement;
501          (vi) a document; or
502          (vii) a recording in any medium.
503          [(87)] (86) "Residence" means a person's principal place of abode within Utah.
504          [(88)] (87) "Resident," in relation to a resort, [is as] means the same as that term is
505     defined in Section 32B-8-102.
506          [(89)] (88) "Resort" [is as] means the same as that term is defined in Section
507     32B-8-102.
508          [(90)] (89) "Resort facility" is as defined by the commission by rule.
509          [(91)] (90) "Resort license" means a license issued in accordance with Chapter 5,
510     Retail License Act, and Chapter 8, Resort License Act.
511          [(92)] (91) "Restaurant" means a business location:
512          (a) at which a variety of foods are prepared;
513          (b) at which complete meals are served to the general public; and
514          (c) that is engaged primarily in serving meals to the general public.
515          [(93)] (92) "Retail license" means one of the following licenses issued under this title:
516          (a) a full-service restaurant license;
517          (b) a master full-service restaurant license;
518          (c) a limited-service restaurant license;
519          (d) a master limited-service restaurant license;
520          (e) a club license;
521          (f) an airport lounge license;
522          (g) an on-premise banquet license;
523          (h) an on-premise beer license;
524          (i) a reception center license; or
525          (j) a beer-only restaurant license.
526          [(94)] (93) "Room service" means furnishing an alcoholic product to a person in a
527     guest room of a:
528          (a) hotel; or
529          (b) resort facility.
530          [(95)] (94) "Serve" means to place an alcoholic product before an individual.
531          [(96)] (95) (a) "School" means a building used primarily for the general education of
532     minors.
533          (b) "School" does not include an educational facility.
534          [(97)] (96) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby,
535     for consideration, an alcoholic product is either directly or indirectly transferred, solicited,
536     ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
537     done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
538     the rules made by the commission.
539          [(98)] (97) "Sexually oriented entertainer" means a person who while in a state of
540     seminudity appears at or performs:
541          (a) for the entertainment of one or more patrons;
542          (b) on the premises of:
543          (i) a social club licensee; or
544          (ii) a tavern;
545          (c) on behalf of or at the request of the licensee described in Subsection [(98)] (97)(b);
546          (d) on a contractual or voluntary basis; and
547          (e) whether or not the person is designated as:
548          (i) an employee;
549          (ii) an independent contractor;
550          (iii) an agent of the licensee; or
551          (iv) a different type of classification.
552          [(99)] (98) "Single event permit" means a permit issued in accordance with Chapter 9,
553     Part 3, Single Event Permit.
554          [(100)] (99) "Small brewer" means a brewer who manufactures less than 60,000 barrels
555     of beer, heavy beer, and flavored malt beverages per year.
556          [(101)] (100) "Social club license" means a license issued in accordance with Chapter
557     5, Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the
558     commission as a social club license.
559          [(102)] (101) "Special use permit" means a permit issued in accordance with Chapter
560     10, Special Use Permit Act.
561          [(103)] (102) (a) "Spirituous liquor" means liquor that is distilled.
562          (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
563     27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
564          [(104)] (103) "Sports center" is as defined by the commission by rule.
565          [(105)] (104) (a) "Staff" means an individual who engages in activity governed by this
566     title:
567          (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
568     holder;
569          (ii) at the request of the business, including a package agent, licensee, permittee, or
570     certificate holder; or
571          (iii) under the authority of the business, including a package agent, licensee, permittee,
572     or certificate holder.
573          (b) "Staff" includes:
574          (i) an officer;
575          (ii) a director;
576          (iii) an employee;
577          (iv) personnel management;
578          (v) an agent of the licensee, including a managing agent;
579          (vi) an operator; or
580          (vii) a representative.
581          [(106)] (105) "State of nudity" means:
582          (a) the appearance of:
583          (i) the nipple or areola of a female human breast;
584          (ii) a human genital;
585          (iii) a human pubic area; or
586          (iv) a human anus; or
587          (b) a state of dress that fails to opaquely cover:
588          (i) the nipple or areola of a female human breast;
589          (ii) a human genital;
590          (iii) a human pubic area; or
591          (iv) a human anus.
592          [(107)] (106) "State of seminudity" means a state of dress in which opaque clothing
593     covers no more than:
594          (a) the nipple and areola of the female human breast in a shape and color other than the
595     natural shape and color of the nipple and areola; and
596          (b) the human genitals, pubic area, and anus:
597          (i) with no less than the following at its widest point:
598          (A) four inches coverage width in the front of the human body; and
599          (B) five inches coverage width in the back of the human body; and
600          (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
601          [(108)] (107) (a) "State store" means a facility for the sale of packaged liquor:
602          (i) located on premises owned or leased by the state; and
603          (ii) operated by a state employee.
604          (b) "State store" does not include:
605          (i) a package agency;
606          (ii) a licensee; or
607          (iii) a permittee.
608          [(109)] (108) (a) "Storage area" means an area on licensed premises where the licensee
609     stores an alcoholic product.
610          (b) "Store" means to place or maintain in a location an alcoholic product from which a
611     person draws to prepare an alcoholic product to be furnished to a patron[, except as provided in
612     Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
613     32B-6-905(12)(b)(ii)].
614          [(110)] (109) "Sublicense" [is as] means the same as that term is defined in Section
615     32B-8-102.
616          [(111)] (110) "Supplier" means a person who sells an alcoholic product to the
617     department.
618          [(112)] (111) "Tavern" means an on-premise beer retailer who is:
619          (a) issued a license by the commission in accordance with Chapter 5, Retail License
620     Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
621          (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
622     On-Premise Beer Retailer License.
623          [(113)] (112) "Temporary beer event permit" means a permit issued in accordance with
624     Chapter 9, Part 4, Temporary Beer Event Permit.
625          [(114)] (113) "Temporary domicile" means the principal place of abode within Utah of
626     a person who does not have a present intention to continue residency within Utah permanently
627     or indefinitely.
628          [(115) "Translucent" means a substance that allows light to pass through, but does not
629     allow an object or person to be seen through the substance.]
630          [(116)] (114) "Unsaleable liquor merchandise" means a container that:
631          (a) is unsaleable because the container is:
632          (i) unlabeled;
633          (ii) leaky;
634          (iii) damaged;
635          (iv) difficult to open; or
636          (v) partly filled;
637          (b) (i) has faded labels or defective caps or corks;
638          (ii) has contents that are:
639          (A) cloudy;
640          (B) spoiled; or
641          (C) chemically determined to be impure; or
642          (iii) contains:
643          (A) sediment; or
644          (B) a foreign substance; or
645          (c) is otherwise considered by the department as unfit for sale.
646          [(117)] (115) (a) "Wine" means an alcoholic product obtained by the fermentation of
647     the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or
648     not another ingredient is added.
649          (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
650     in this title.
651          [(118)] (116) "Winery manufacturing license" means a license issued in accordance
652     with Chapter 11, Part 3, Winery Manufacturing License.
653          Section 2. Section 32B-6-202 is amended to read:
654          32B-6-202. Definitions.
655          [As used in this part:]
656          [(1) (a) "Grandfathered bar structure" means a bar structure in a licensed premises of a
657     full-service restaurant licensee that:]
658          [(i) as of May 11, 2009, has:]
659          [(A) patron seating at the bar structure;]
660          [(B) a partition at one or more locations on the bar structure that is along:]
661          [(I) the width of the bar structure; or]
662          [(II) the length of the bar structure; and]
663          [(C) facilities for the dispensing or storage of an alcoholic product:]
664          [(I) on the portion of the bar structure that is separated by the partition described in
665     Subsection (1)(a)(i)(B); or]
666          [(II) if the partition as described in Subsection (1)(a)(i)(B)(II) is adjacent to the bar
667     structure in a manner visible to a patron sitting at the bar structure;]
668          [(ii) is not operational as of May 12, 2009, if:]
669          [(A) a person applying for a full-service restaurant license:]
670          [(I) has as of May 12, 2009, a building permit to construct the restaurant;]
671          [(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
672     defined by rule made by the commission; and]
673          [(III) is issued the full-service restaurant license by no later than December 31, 2009;
674     and]
675          [(B) once constructed, the licensed premises has a bar structure described in Subsection
676     (1)(a)(i);]
677          [(iii) as of May 12, 2009, has no patron seating at the bar structure; or]
678          [(iv) is not operational as of May 12, 2009, if:]
679          [(A) a person applying for a full-service restaurant license:]
680          [(I) has as of May 12, 2009, a building permit to construct the restaurant;]
681          [(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
682     defined by rule made by the commission; and]
683          [(III) is issued a full-service restaurant license by no later than December 31, 2009;
684     and]
685          [(B) once constructed, the licensed premises has a bar structure with no patron seating.]
686          [(b) "Grandfathered bar structure" does not include a grandfathered bar structure
687     described in Subsection (1)(a) on or after the day on which a restaurant remodels the
688     grandfathered bar structure, as defined by rule made by the commission.]
689          [(c) Subject to Subsection (1)(b), a grandfathered bar structure remains a grandfathered
690     bar structure notwithstanding whether a restaurant undergoes a change of ownership.]
691          [(2) "Seating grandfathered bar structure" means:]
692          [(a) a grandfathered bar structure described in Subsection (1)(a)(i) or (ii); or]
693          [(b) a bar structure grandfathered under Section 32B-6-409.] Reserved
694          Section 3. Section 32B-6-205 is amended to read:
695          32B-6-205. Specific operational requirements for a full-service restaurant license.
696          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
697     Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
698     shall comply with this section.
699          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
700     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
701          (i) a full-service restaurant licensee;
702          (ii) individual staff of a full-service restaurant licensee; or
703          (iii) both a full-service restaurant licensee and staff of the full-service restaurant
704     licensee.
705          (2) In addition to complying with Subsection 32B-5-301(3), a full-service restaurant
706     licensee shall display in a prominent place in the restaurant a list of the types and brand names
707     of liquor being furnished through the full-service restaurant licensee's calibrated metered
708     dispensing system.
709          [(3) In addition to complying with Section 32B-5-303, a full-service restaurant licensee
710     shall store an alcoholic product in a storage area described in Subsection (12)(a).]
711          [(4)] (3) (a) An individual who serves an alcoholic product in a full-service restaurant
712     licensee's premises shall make a written beverage tab for each table or group that orders or
713     consumes an alcoholic product on the premises.
714          (b) A beverage tab required by this Subsection [(4)] (3) shall list the type and amount
715     of an alcoholic product ordered or consumed.
716          [(5)] (4) A person's willingness to serve an alcoholic product may not be made a
717     condition of employment as a server with a full-service restaurant licensee.
718          [(6)] (5) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish
719     liquor at the licensed premises on any day during the period that:
720          (i) begins at midnight; and
721          (ii) ends at 11:29 a.m.
722          (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer during the
723     hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
724     except that a full-service restaurant licensee may not sell, offer for sale, or furnish beer before
725     11:30 a.m. on any day.
726          [(7)] (6) A full-service restaurant licensee shall maintain at least 70% of its total
727     restaurant business from the sale of food, which does not include:
728          (a) mix for an alcoholic product; or
729          (b) a service charge.
730          [(8)] (7) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
731     alcoholic product except after the full-service restaurant licensee confirms that the patron has
732     the intent to order food prepared, sold, and furnished at the licensed premises.
733          (b) A full-service restaurant licensee shall maintain on the licensed premises adequate
734     culinary facilities for food preparation and dining accommodations.
735          [(9)] (8) (a) Subject to the other provisions of this Subsection [(9)] (8), a patron may
736     not have more than two alcoholic products of any kind at a time before the patron.
737          (b) A patron may not have more than one spirituous liquor drink at a time before the
738     patron.
739          (c) An individual portion of wine is considered to be one alcoholic product under
740     Subsection [(9)] (8)(a).
741          [(10)] (9) A patron may consume an alcoholic product only:
742          (a) at:
743          (i) the patron's table;
744          (ii) a counter; or
745          (iii) a [seating grandfathered] bar structure; and
746          (b) where food is served.
747          [(11) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
748     alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
749     structure that is not a seating grandfathered bar structure.]
750          [(b) At a seating grandfathered bar structure a patron who is 21 years of age or older
751     may:]
752          [(i) sit;]
753          [(ii) be furnished an alcoholic product; and]
754          [(iii) consume an alcoholic product.]
755          [(c)] (10) (a) Except as provided in Subsection [(11)(d)] (10)(b), at a [seating
756     grandfathered] bar structure a full-service restaurant licensee may not permit a minor to, and a
757     minor may not:
758          (i) sit; or
759          (ii) consume food or beverages.
760          [(d)] (b) (i) A minor may be at a [seating grandfathered] bar structure if the minor is
761     employed by a full-service restaurant licensee:
762          (A) as provided in Subsection 32B-5-308(2); or
763          (B) to perform maintenance and cleaning services during an hour when the full-service
764     restaurant licensee is not open for business.
765          (ii) A minor may momentarily pass by a [seating grandfathered] bar structure without
766     remaining or sitting at the bar structure en route to an area of a full-service restaurant licensee's
767     premises in which the minor is permitted to be.
768          [(12) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
769     may dispense an alcoholic product only if:]
770          [(a) the alcoholic product is dispensed from:]
771          [(i) a grandfathered bar structure;]
772          [(ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
773     the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
774     12, 2009; or]
775          [(iii) an area that is:]
776          [(A) separated from an area for the consumption of food by a patron by a solid,
777     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
778     an alcoholic product are:]
779          [(I) not readily visible to a patron; and]
780          [(II) not accessible by a patron; and]
781          [(B) apart from an area used:]
782          [(I) for dining;]
783          [(II) for staging; or]
784          [(III) as a lobby or waiting area;]
785          [(b) the full-service restaurant licensee uses an alcoholic product that is:]
786          [(i) stored in an area described in Subsection (12)(a); or]
787          [(ii) in an area not described in Subsection (12)(a) on the licensed premises and:]
788          [(A) immediately before the alcoholic product is dispensed it is in an unopened
789     container;]
790          [(B) the unopened container is taken to an area described in Subsection (12)(a) before
791     it is opened; and]
792          [(C) once opened, the container is stored in an area described in Subsection (12)(a);
793     and]
794          [(c) any instrument or equipment used to dispense alcoholic product is located in an
795     area described in Subsection (12)(a).]
796          [(13)] (11) A full-service restaurant licensee may state in a food or alcoholic product
797     menu a charge or fee made in connection with the sale, service, or consumption of liquor
798     including:
799          (a) a set-up charge;
800          (b) a service charge; or
801          (c) a chilling fee.
802          Section 4. Section 32B-6-302 is amended to read:
803          32B-6-302. Definition.
804          [As used in this part:]
805          [(1) (a) "Grandfathered bar structure" means a bar structure in a licensed premises of a
806     limited-service restaurant licensee that:]
807          [(i) as of May 11, 2009, has:]
808          [(A) patron seating at the bar structure;]
809          [(B) a partition at one or more locations on the bar structure that is along:]
810          [(I) the width of the bar structure; or]
811          [(II) the length of the bar structure; and]
812          [(C) facilities for the dispensing or storage of an alcoholic product:]
813          [(I) on the portion of the bar structure that is separated by the partition described in
814     Subsection (1)(a)(i)(B); or]
815          [(II) if the partition as described in Subsection (1)(a)(i)(B)(II) is adjacent to the bar
816     structure in a manner visible to a patron sitting at the bar structure;]
817          [(ii) is not operational as of May 12, 2009, if:]
818          [(A) a person applying for a limited-service restaurant license:]
819          [(I) has as of May 12, 2009, a building permit to construct the restaurant;]
820          [(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
821     defined by rule made by the commission; and]
822          [(III) is issued the limited-service restaurant license by no later than December 31,
823     2009; and]
824          [(B) once constructed, the licensed premises has a bar structure described in Subsection
825     (1)(a)(i);]
826          [(iii) as of May 12, 2009, has no patron seating at the bar structure; or]
827          [(iv) is not operational as of May 12, 2009, if:]
828          [(A) a person applying for a limited-service restaurant license:]
829          [(I) has as of May 12, 2009, a building permit to construct the restaurant;]
830          [(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
831     defined by rule made by the commission; and]
832          [(III) is issued a limited-service restaurant license by no later than December 31, 2009;
833     and]
834          [(B) once constructed, the licensed premises has a bar structure with no patron seating.]
835          [(b) "Grandfathered bar structure" does not include a grandfathered bar structure
836     described in Subsection (1)(a) on or after the day on which a restaurant remodels the
837     grandfathered bar structure, as defined by rule made by the commission.]
838          [(c) Subject to Subsection (1)(b), a grandfathered bar structure remains a grandfathered
839     bar structure notwithstanding whether a restaurant undergoes a change of ownership.]
840          [(2) "Seating grandfathered bar structure" means:]
841          [(a) a grandfathered bar structure described in Subsection (1)(a)(i) or (ii); or]
842          [(b) a bar structure grandfathered under Section 32B-6-409.]
843          [(3) "Wine"]
844          As used in this part, "wine" includes an alcoholic beverage defined as wine under 27
845     U.S.C. Sec. 211 and 27 C.F.R. Sec. 4.10, including the following alcoholic beverages made in
846     the manner of wine containing not less than 7% and not more than 24% of alcohol by volume:
847          [(a)] (1) sparkling and carbonated wine;
848          [(b)] (2) wine made from condensed grape must;
849          [(c)] (3) wine made from other agricultural products than the juice of sound, ripe
850     grapes;
851          [(d)] (4) imitation wine;
852          [(e)] (5) compounds sold as wine;
853          [(f)] (6) vermouth;
854          [(g)] (7) cider;
855          [(h)] (8) perry; and
856          [(i)] (9) sake.
857          Section 5. Section 32B-6-305 is amended to read:
858          32B-6-305. Specific operational requirements for a limited-service restaurant
859     license.
860          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
861     Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
862     licensee shall comply with this section.
863          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
864     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
865          (i) a limited-service restaurant licensee;
866          (ii) individual staff of a limited-service restaurant licensee; or
867          (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
868     licensee.
869          (2) (a) A limited-service restaurant licensee on the licensed premises may not sell, offer
870     for sale, furnish, or allow consumption of:
871          (i) spirituous liquor; or
872          (ii) a flavored malt beverage.
873          (b) A product listed in Subsection (2)(a) may not be on the premises of a
874     limited-service restaurant licensee except for use:
875          (i) as a flavoring on a dessert; and
876          (ii) in the preparation of a flaming food dish, drink, or dessert.
877          [(3) In addition to complying with Section 32B-5-303, a limited-service restaurant
878     licensee shall store an alcoholic product in a storage area described in Subsection (12)(a).]
879          [(4)] (3) (a) An individual who serves an alcoholic product in a limited-service
880     restaurant licensee's premises shall make a written beverage tab for each table or group that
881     orders or consumes an alcoholic product on the premises.
882          (b) A beverage tab required by this Subsection [(4)] (3) shall list the type and amount
883     of an alcoholic product ordered or consumed.
884          [(5)] (4) A person's willingness to serve an alcoholic product may not be made a
885     condition of employment as a server with a limited-service restaurant licensee.
886          [(6)] (5) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish
887     wine or heavy beer at the licensed premises on any day during the period that:
888          (i) begins at midnight; and
889          (ii) ends at 11:29 a.m.
890          (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer during
891     the hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
892     except that a limited-service restaurant licensee may not sell, offer for sale, or furnish beer
893     before 11:30 a.m. on any day.
894          [(7)] (6) A limited-service restaurant licensee shall maintain at least 70% of its total
895     restaurant business from the sale of food, which does not include a service charge.
896          [(8)] (7) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish
897     an alcoholic product except after the limited-service restaurant licensee confirms that the
898     patron has the intent to order food prepared, sold, and furnished at the licensed premises.
899          (b) A limited-service restaurant licensee shall maintain on the licensed premises
900     adequate culinary facilities for food preparation and dining accommodations.
901          [(9)] (8) (a) Subject to the other provisions of this Subsection [(9)] (8), a patron may
902     not have more than two alcoholic products of any kind at a time before the patron.
903          (b) An individual portion of wine is considered to be one alcoholic product under
904     Subsection [(9)] (8)(a).
905          [(10)] (9) A patron may consume an alcoholic product only:
906          (a) at:
907          (i) the patron's table;
908          (ii) a counter; or
909          (iii) a [seating grandfathered] bar structure; and
910          (b) where food is served.
911          [(11) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
912     alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
913     structure that is not a seating grandfathered bar structure.]
914          [(b) At a seating grandfathered bar structure a patron who is 21 years of age or older
915     may:]
916          [(i) sit;]
917          [(ii) be furnished an alcoholic product; and]
918          [(iii) consume an alcoholic product.]
919          [(c)] (10) (a) Except as provided in Subsection [(11)(d)] (10)(b), at a [seating
920     grandfathered] bar structure a limited-service restaurant licensee may not permit a minor to,
921     and a minor may not:
922          (i) sit; or
923          (ii) consume food or beverages.
924          [(d)] (b) (i) A minor may be at a [seating grandfathered] bar structure if the minor is
925     employed by a limited-service restaurant licensee:
926          (A) as provided in Subsection 32B-5-308(2); or
927          (B) to perform maintenance and cleaning services during an hour when the
928     limited-service restaurant licensee is not open for business.
929          (ii) A minor may momentarily pass by a [seating grandfathered] bar structure without
930     remaining or sitting at the bar structure en route to an area of a limited-service restaurant
931     licensee's premises in which the minor is permitted to be.
932          [(12) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
933     licensee may dispense an alcoholic product only if:]
934          [(a) the alcoholic product is dispensed from:]
935          [(i) a grandfathered bar structure;]
936          [(ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
937     the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
938     12, 2009; or]
939          [(iii) an area that is:]
940          [(A) separated from an area for the consumption of food by a patron by a solid,
941     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
942     an alcoholic product are:]
943          [(I) not readily visible to a patron; and]
944          [(II) not accessible by a patron; and]
945          [(B) apart from an area used:]
946          [(I) for dining;]
947          [(II) for staging; or]
948          [(III) as a lobby or waiting area;]
949          [(b) the limited-service restaurant licensee uses an alcoholic product that is:]
950          [(i) stored in an area described in Subsection (12)(a); or]
951          [(ii) in an area not described in Subsection (12)(a) on the licensed premises and:]
952          [(A) immediately before the alcoholic product is dispensed it is in an unopened
953     container;]
954          [(B) the unopened container is taken to an area described in Subsection (12)(a) before
955     it is opened; and]
956          [(C) once opened, the container is stored in an area described in Subsection (12)(a);
957     and]
958          [(c) any instrument or equipment used to dispense alcoholic product is located in an
959     area described in Subsection (12)(a).]
960          [(13)] (11) A limited-service restaurant licensee may state in a food or alcoholic
961     product menu a charge or fee made in connection with the sale, service, or consumption of
962     wine or heavy beer including:
963          (a) a set-up charge;
964          (b) a service charge; or
965          (c) a chilling fee.
966          Section 6. Section 32B-6-409 is amended to read:
967          32B-6-409. Conversion from dining club license to different type of retail license.
968          (1) In accordance with this section, a dining club licensee may convert its dining club
969     license to a different type of retail license, including a different type of club license during the
970     time period:
971          (a) beginning on July 1, 2011; and
972          (b) ending on June 30, 2013.
973          (2) A dining club licensee may convert its dining license only to a retail license for
974     which the dining club licensee qualifies.
975          (3) The commission shall provide a procedure for a dining club to convert to a different
976     type of retail license as provided in this section by rule made in accordance with Title 63G,
977     Chapter 3, Utah Administrative Rulemaking Act.
978          (4) After a dining club license is converted to another type of retail license, the retail
979     licensee shall operate under the provisions relevant to the type of retail license held by the retail
980     licensee, except that, in accordance with Section 32B-1-201, the retail license is not considered
981     in determining the total number of licenses available for that type of retail license.
982          [(5) If a dining club license is converted to full-service restaurant license,
983     limited-service restaurant license, or beer-only restaurant license, the bar structure of the dining
984     club is considered:]
985          [(a) a seating grandfathered bar structure for purposes of a full-service restaurant
986     license or a limited-service restaurant license; or]
987          [(b) a grandfathered bar structure for purposes of a beer-only restaurant license.]
988          Section 7. Section 32B-6-703 is amended to read:
989          32B-6-703. Commission's power to issue on-premise beer retailer license.
990          (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
991     beer on the premises as an on-premise beer retailer, the person shall first obtain an on-premise
992     beer retailer license from the commission in accordance with this part.
993          (2) (a) The commission may issue an on-premise beer retailer license to establish
994     on-premise beer retailer licensed premises at places and in numbers as the commission
995     considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on
996     premises operated as an on-premise beer retailer.
997          (b) At the time that the commission issues an on-premise beer retailer license, the
998     commission shall designate whether the on-premise beer retailer is a tavern.
999          (c) The commission may change its designation of whether an on-premise beer retailer
1000     is a tavern in accordance with rules made by the commission.
1001          (d) (i) In determining whether an on-premise beer retailer is a tavern, the commission
1002     shall determine whether the on-premise beer retailer will engage primarily in the retail sale of
1003     beer for consumption on the establishment's premises.
1004          (ii) In making a determination under this Subsection (2)(d), the commission shall
1005     consider:
1006          (A) whether the on-premise beer retailer will operate as one of the following:
1007          (I) a beer bar;
1008          (II) a parlor;
1009          (III) a lounge;
1010          (IV) a cabaret; or
1011          (V) a nightclub;
1012          (B) if the on-premise beer retailer will operate as described in Subsection (2)(d)(ii)(A):
1013          (I) whether the on-premise beer retailer will sell food in the establishment; and
1014          (II) if the on-premise beer retailer sells food, whether the revenue from the sale of beer
1015     will exceed the revenue of the sale of food;
1016          (C) whether full meals including appetizers, main courses, and desserts will be served;
1017          (D) the square footage and seating capacity of the premises;
1018          (E) what portion of the square footage and seating capacity will be used for a dining
1019     area in comparison to the portion that will be used as a lounge or bar area;
1020          (F) whether the person will maintain adequate on-premise culinary facilities to prepare
1021     full meals, except a person that is located on the premises of a hotel or resort facility may use
1022     the culinary facilities of the hotel or resort facility;
1023          (G) whether the entertainment provided on the premises of the beer retailer will be
1024     suitable for minors; and
1025          (H) the beer retailer management's ability to manage and operate an on-premise beer
1026     retailer license including:
1027          (I) management experience;
1028          (II) past beer retailer management experience; and
1029          (III) the type of management scheme that will be used by the beer retailer.
1030          (e) On or after March 1, 2012:
1031          (i) To be licensed as an on-premise beer retailer that is not a tavern, a person shall:
1032          (A) maintain at least 70% of the person's total gross revenues from business directly
1033     related to a recreational amenity on or directly adjoining the licensed premises of the beer
1034     retailer; or
1035          (B) have a recreational amenity on or directly adjoining the licensed premises of the
1036     beer retailer and maintain at least 70% of the person's total gross revenues from the sale of
1037     food.
1038          (ii) The commission may not license a person as an on-premise beer retailer if the
1039     person does not:
1040          (A) meet the requirements of Subsection (2)(e)(i); or
1041          (B) operate as a tavern.
1042          (iii) (A) A person licensed as an on-premise beer retailer that is not a tavern as of July
1043     1, 2011 shall notify the department by no later than August 1, 2011, whether effective March 1,
1044     2012, the person will seek to be licensed as a beer-only restaurant licensee, a tavern, or an
1045     on-premise beer retailer that meets the requirements of Subsection (2)(e)(i).
1046          (B) If an on-premise beer retailer fails to notify the department as required by
1047     Subsection (2)(e)(iii)(A), the on-premise beer retailer's license expires as of February 29, 2012,
1048     and to operate as an on-premise beer retailer after February 29, 2012, the on-premise beer
1049     retailer is required to apply as a new licensee[, and any bar or bar structure on the premises of
1050     an on-premise beer retailer license that is not a tavern and does not meet the requirements of
1051     Subsection (2)(e)(i) will not be grandfathered under Subsection 32B-6-902(1)].
1052          [(iv) A person who, after August 1, 2011, applies for an on-premise beer retailer
1053     license that is not a tavern and does not meet the requirements of Subsection (2)(e)(i), may not
1054     have or construct facilities for the dispensing or storage of an alcoholic product that do not
1055     meet the requirements of Subsection 32B-6-905(12)(a)(ii).]
1056          (3) Subject to Section 32B-1-201:
1057          (a) The commission may not issue a total number of on-premise beer retailer licenses
1058     that are taverns that at any time exceeds the number determined by dividing the population of
1059     the state by 54,147.
1060          (b) The commission may issue a seasonal on-premise beer retailer license for a tavern
1061     in accordance with Section 32B-5-206.
1062          (4) (a) Unless otherwise provided in Subsection (4)(b):
1063          (i) only one on-premise beer retailer license is required for each building or resort
1064     facility owned or leased by the same person; and
1065          (ii) a separate license is not required for each retail beer dispensing location in the
1066     same building or on the same resort premises owned or operated by the same person.
1067          (b) (i) Subsection (4)(a) applies only if each retail beer dispensing location in the
1068     building or resort facility operates in the same manner.
1069          (ii) If each retail beer dispensing location does not operate in the same manner:
1070          (A) one on-premise beer retailer license designated as a tavern is required for the
1071     locations in the same building or on the same resort premises that operate as a tavern; and
1072          (B) one on-premise beer retailer license is required for the locations in the same
1073     building or on the same resort premises that do not operate as a tavern.
1074          Section 8. Section 32B-6-805 is amended to read:
1075          32B-6-805. Specific operational requirements for a reception center license.
1076          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1077     Requirements, a reception center licensee and staff of the reception center licensee shall
1078     comply with this section.
1079          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1080     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1081          (i) a reception center licensee;
1082          (ii) individual staff of a reception center licensee; or
1083          (iii) both a reception center licensee and staff of the reception center licensee.
1084          [(2) In addition to complying with Section 32B-5-303, a reception center licensee shall
1085     store an alcoholic product in a storage area described in Subsection (15)(a).]
1086          [(3)] (2) (a) For the purpose described in Subsection [(3)] (2)(b), a reception center
1087     licensee shall provide the following with advance notice of a scheduled event in accordance
1088     with rules made by the commission:
1089          (i) the department; and
1090          (ii) the local law enforcement agency responsible for the enforcement of this title in the
1091     jurisdiction where the reception center is located.
1092          (b) Any of the following may conduct a random inspection of an event:
1093          (i) an authorized representative of the commission or the department; or
1094          (ii) a law enforcement officer.
1095          [(4)] (3) (a) Except as otherwise provided in this title, a reception center licensee may
1096     sell, offer for sale, or furnish an alcoholic product at an event only for consumption at the
1097     reception center's licensed premises.
1098          (b) A host of an event, a patron, or a person other than the reception center licensee or
1099     staff of the reception center licensee, may not remove an alcoholic product from the reception
1100     center's licensed premises.
1101          (c) Notwithstanding Section 32B-5-307, a patron at an event may not bring an
1102     alcoholic product into or onto, or remove an alcoholic product from, the reception center.
1103          [(5)] (4) (a) A reception center licensee may not leave an unsold alcoholic product at an
1104     event following the conclusion of the event.
1105          (b) At the conclusion of an event, a reception center licensee shall:
1106          (i) destroy an opened and unused alcoholic product that is not saleable, under
1107     conditions established by the department; and
1108          (ii) return to the reception center licensee's approved locked storage area any:
1109          (A) opened and unused alcoholic product that is saleable; and
1110          (B) unopened container of an alcoholic product.
1111          (c) Except as provided in Subsection [(5)] (4)(b) with regard to an open or sealed
1112     container of an alcoholic product not sold or consumed at an event, a reception center
1113     licensee[: (i) shall store the alcoholic product in accordance with Subsection (2); and (ii)] may
1114     use the alcoholic product at more than one event.
1115          [(6)] (5) Notwithstanding Section 32B-5-308, a reception center licensee may not
1116     employ a minor in connection with an event at the reception center at which food is not made
1117     available.
1118          [(7)] (6) A person's willingness to serve an alcoholic product may not be made a
1119     condition of employment as a server with a reception center licensee.
1120          [(8)] (7) A reception center licensee may not sell, offer for sale, or furnish an alcoholic
1121     product at the licensed premises on any day during the period that:
1122          (a) begins at 1 a.m.; and
1123          (b) ends at 9:59 a.m.
1124          [(9)] (8) (a) A reception center licensee may not maintain in excess of 30% of its total
1125     annual receipts from the sale of an alcoholic product, which includes:
1126          (i) mix for an alcoholic product; or
1127          (ii) a charge in connection with the furnishing of an alcoholic product.
1128          (b) A reception center licensee shall report the information necessary to show
1129     compliance with this Subsection [(9)] (8) to the department on an annual basis.
1130          [(10)] (9) A reception center licensee may not sell, offer for sale, or furnish an
1131     alcoholic product at an event at which a minor is present unless the reception center licensee
1132     makes food available at all times when an alcoholic product is sold, offered for sale, furnished,
1133     or consumed during the event.
1134          [(11)] (10) (a) Subject to the other provisions of this Subsection [(11)] (10), a patron
1135     may not have more than two alcoholic products of any kind at a time before the patron.
1136          (b) An individual portion of wine is considered to be one alcoholic product under
1137     Subsection [(11)] (10)(a).
1138          [(12)] (11) (a) A reception center licensee shall supervise and direct a person involved
1139     in the sale, offer for sale, or furnishing of an alcoholic product.
1140          (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1141     shall complete an alcohol training and education seminar.
1142          [(13)] (12) A staff person of a reception center licensee shall remain at an event at all
1143     times when an alcoholic product is sold, offered for sale, furnished, or consumed at the event.
1144          [(14)] (13) A reception center licensee may not sell, offer for sale, or furnish an
1145     alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
1146     structure.
1147          [(15) Except as provided in Subsection (16), a reception center licensee may dispense
1148     an alcoholic product only if:]
1149          [(a) the alcoholic product is dispensed from an area that is:]
1150          [(i) separated from an area for the consumption of food by a patron by a solid,
1151     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
1152     an alcoholic product are:]
1153          [(A) not readily visible to a patron; and]
1154          [(B) not accessible by a patron; and]
1155          [(ii) apart from an area used:]
1156          [(A) for staging; or]
1157          [(B) as a lobby or waiting area;]
1158          [(b) the reception center licensee uses an alcoholic product that is:]
1159          [(i) stored in an area described in Subsection (15)(a); or]
1160          [(ii) in an area not described in Subsection (15)(a) on the licensed premises and:]
1161          [(A) immediately before the alcoholic product is dispensed it is in an unopened
1162     container;]
1163          [(B) the unopened container is taken to an area described in Subsection (15)(a) before
1164     it is opened; and]
1165          [(C) once opened, the container is stored in an area described in Subsection (15)(a);
1166     and]
1167          [(c) any instrument or equipment used to dispense an alcoholic product is located in an
1168     area described in Subsection (15)(a).]
1169          [(16)] (14) A reception center licensee may dispense an alcoholic product from a
1170     mobile serving area that:
1171          (a) is moved only by staff of the reception center licensee;
1172          (b) is capable of being moved by only one individual; and
1173          (c) is no larger than 6 feet long and 30 inches wide.
1174          [(17)] (15) (a) A reception center licensee may not have an event on the licensed
1175     premises except pursuant to a contract between a third party host of the event and the reception
1176     center licensee under which the reception center licensee provides an alcoholic product sold,
1177     offered for sale, or furnished at an event.
1178          (b) At an event, a reception center licensee may furnish an alcoholic product:
1179          (i) without charge to a patron, except that the third party host of the event shall pay for
1180     an alcoholic product furnished at the event; or
1181          (ii) with a charge to a patron at the event.
1182          (c) The commission may by rule define what constitutes a "third-party host" for
1183     purposes of this Subsection [(17)] (15) so that a reception center licensee and the third-party
1184     host are not owned by or operated by the same persons, except that the rule shall permit a
1185     reception center licensee to host an event for an immediate family member of the reception
1186     center licensee.
1187          [(18)] (16) A reception center licensee shall have culinary facilities that are:
1188          (a) adequate to prepare a full meal; and
1189          (b) (i) located on the licensed premises; or
1190          (ii) under the same control as the reception center licensee.
1191          [(19)] (17) (a) Except as provided in Subsection [(19)] (17)(b), a reception center
1192     licensee may not operate an event:
1193          (i) that is open to the general public; and
1194          (ii) at which an alcoholic product is sold or offered for sale.
1195          (b) A reception center licensee may operate an event described in Subsection [(19)]
1196     (17)(a) if the event is hosted:
1197          (i) at the reception center no more frequently than once a calendar year; and
1198          (ii) by a nonprofit organization that is organized and qualified under Section 501(c),
1199     Internal Revenue Code.
1200          Section 9. Section 32B-6-902 is amended to read:
1201          32B-6-902. Definitions.
1202          [(1) (a) As used in this part, "grandfathered bar structure" means a bar structure in a
1203     licensed premises of a beer-only restaurant licensee that:]
1204          [(i) was licensed as an on-premise beer retailer as of August 1, 2011, and as of August
1205     1, 2011:]
1206          [(A) is operational;]
1207          [(B) has facilities for the dispensing or storage of an alcoholic product that do not meet
1208     the requirements of Subsection 32B-6-905(12)(a)(ii); and]
1209          [(C) in accordance with Subsection 32B-6-703(2)(e), notifies the department that
1210     effective March 1, 2012, the on-premise beer retailer licensee will seek to be licensed as a
1211     beer-only restaurant; or]
1212          [(ii) is a bar structure grandfathered under Section 32B-6-409.]
1213          [(b) "Grandfathered bar structure" does not include a grandfathered bar structure
1214     described in Subsection (1)(a) on or after the day on which a restaurant remodels the
1215     grandfathered bar structure, as defined by rule made by the commission.]
1216          [(2) Subject to Subsection (1)(b), a grandfathered bar structure remains a grandfathered
1217     bar structure notwithstanding whether a restaurant undergoes a change of ownership.]
1218     Reserved.
1219          Section 10. Section 32B-6-905 is amended to read:
1220          32B-6-905. Specific operational requirements for a beer-only restaurant license.
1221          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1222     Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
1223     shall comply with this section.
1224          (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1225     in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1226          (i) a beer-only restaurant licensee;
1227          (ii) individual staff of a beer-only restaurant licensee; or
1228          (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
1229          (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
1230     sale, furnish, or allow consumption of liquor.
1231          (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
1232          (i) as a flavoring on a dessert; and
1233          (ii) in the preparation of a flaming food dish, drink, or dessert.
1234          [(3) In addition to complying with Section 32B-5-303, a beer-only restaurant licensee
1235     shall store beer in a storage area described in Subsection (12)(a).]
1236          [(4)] (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises
1237     shall make a written beverage tab for each table or group that orders or consumes an alcoholic
1238     product on the premises.
1239          (b) A beverage tab required by this Subsection [(4)] (3) shall list the type and amount
1240     of beer ordered or consumed.
1241          [(5)] (4) A person's willingness to serve beer may not be made a condition of
1242     employment as a server with a beer-only restaurant licensee.
1243          [(6)] (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer during
1244     the hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
1245     except that a beer-only restaurant licensee may not sell, offer for sale, or furnish beer before
1246     11:30 a.m. on any day.
1247          [(7)] (6) A beer-only restaurant licensee shall maintain at least 70% of its total
1248     restaurant business from the sale of food, which does not include a service charge.
1249          [(8)] (7) (a) A beer-only restaurant may not sell, offer for sale, or furnish beer except
1250     after the beer-only restaurant licensee confirms that the patron has the intent to order food
1251     prepared, sold, and furnished at the licensed premises.
1252          (b) A beer-only restaurant shall maintain on the licensed premises adequate culinary
1253     facilities for food preparation and dining accommodations.
1254          [(9)] (8) A patron may not have more than two beers at a time before the patron.
1255          [(10)] (9) A patron may consume a beer only:
1256          (a) at:
1257          (i) the patron's table;
1258          (ii) a [grandfathered] bar structure; or
1259          (iii) a counter; and
1260          (b) where food is served.
1261          [(11) (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish a beer to
1262     a patron, and a patron may not consume an alcoholic product at a bar structure.]
1263          [(b) Notwithstanding Subsection (11)(a), at a grandfathered bar structure, a patron who
1264     is 21 years of age or older may:]
1265          [(i) sit;]
1266          [(ii) be furnished a beer; and]
1267          [(iii) consume a beer.]
1268          [(c)] (10) (a) Except as provided in Subsection [(11)(d)] (10)(b), at a [grandfathered]
1269     bar structure, a beer-only restaurant licensee may not permit a minor to, and a minor may not:
1270          (i) sit; or
1271          (ii) consume food or beverages.
1272          [(d)] (b) (i) A minor may be at a [grandfathered] bar structure if the minor is employed
1273     by a beer-only restaurant licensee:
1274          (A) as provided in Subsection 32B-5-308(2); or
1275          (B) to perform maintenance and cleaning services during an hour when the beer-only
1276     restaurant licensee is not open for business.
1277          (ii) A minor may momentarily pass by a [grandfathered] bar structure without
1278     remaining or sitting at the bar structure en route to an area of a beer-only restaurant licensee's
1279     premises in which the minor is permitted to be.
1280          [(12) A beer-only restaurant licensee may dispense a beer only if:]
1281          [(a) the beer is dispensed from an area that is:]
1282          [(i) a grandfathered bar structure; or]
1283          [(ii) separated from an area for the consumption of food by a patron by a solid,
1284     translucent, permanent structural barrier such that the facilities for the storage or dispensing of
1285     an alcoholic product are not readily visible to a patron, not accessible by a patron, and apart
1286     from an area used for dining, for staging, or as a lobby or waiting area;]
1287          [(b) the beer-only restaurant licensee uses a beer that is:]
1288          [(i) stored in an area described in Subsection (12)(a); or]
1289          [(ii) in an area not described in Subsection (12)(a) on the licensed premises and:]
1290          [(A) immediately before the beer is dispensed it is in an unopened container;]
1291          [(B) the unopened container is taken to an area described in Subsection (12)(a) before
1292     it is opened; and]
1293          [(C) once opened, the container is stored in an area described in Subsection (12)(a);
1294     and]
1295          [(c) any instrument or equipment used to dispense the beer is located in an area
1296     described in Subsection (12)(a).]
1297          Section 11. Section 32B-8-402 is amended to read:
1298          32B-8-402. Specific operational requirements for a sublicense.
1299          (1) A person operating under a sublicense is subject to the operational requirements
1300     under the provisions applicable to the sublicense except that[: (a)], notwithstanding a
1301     requirement in the provisions applicable to the sublicense, a person operating under the
1302     sublicense is not subject to a requirement that a certain percentage of the gross receipts for the
1303     sublicense be from the sale of food, except to the extent that the gross receipts for the
1304     sublicense are included in calculating the percentages under Subsection 32B-8-401(4)[; and].
1305          [(b) notwithstanding Section 32B-6-202 or 32B-6-302, a bar structure in a licensed
1306     premises operated under a full-service restaurant sublicense or limited-service restaurant
1307     sublicense is considered a grandfathered bar structure if the resort license that includes the
1308     full-service restaurant sublicense or limited-service restaurant sublicense is issued by no later
1309     than December 31, 2010.]
1310          (2) Subject to Section 32B-8-502, for purposes of interpreting an operational
1311     requirement imposed by the provisions applicable to a sublicense:
1312          (a) a requirement imposed on a person operating under a sublicense applies to the
1313     resort licensee; and
1314          (b) a requirement imposed on staff of a person operating under a sublicense applies to
1315     staff of the resort licensee.
1316          Section 12. Repealer.
1317          This bill repeals:
1318          Section 32B-6-205.1, Credit for grandfathered bar structures of full-service
1319     restaurant licensee.
1320          Section 32B-6-305.1, Credit for grandfathered bar structures for limited-service
1321     restaurant licensee.




Legislative Review Note
Office of Legislative Research and General Counsel