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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the regulation of alcoholic beverages.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies the name of certain retail licenses;
14 ▸ provides that a local authority may issue a business license to a retail licensee only
15 if the licensee is lawfully present in the United States;
16 ▸ provides that a licensee or permittee may only engage in behavior expressly allowed
17 by Title 32B, Alcoholic Beverage Control Act, or local ordinance;
18 ▸ requires the Department of Alcoholic Beverage Control and the Alcoholic Beverage
19 Control Commission to implement and enforce the provisions of Title 32B,
20 Alcoholic Beverage Control Act, in accordance with its express language and stated
21 policy purpose;
22 ▸ reduces the permissible proximity of a restaurant licensee to a community location;
23 ▸ removes the commission's authority to grant a variance to the proximity
24 requirements;
25 ▸ modifies the calculation of the money from the sale of a bottle of wine by a retail
26 licensee or sublicensee in determining the percentage of gross receipts from the sale
27 of food or an alcoholic product;
28 ▸ requires electronic age verification of certain individuals who sit, remain, or
29 consume food or beverage in a dispensing area in a restaurant;
30 ▸ modifies the application requirements for approval of the label and packaging of a
31 malted beverage;
32 ▸ modifies the labeling and packaging requirements for certain malted beverages;
33 ▸ reduces and modifies the membership of the Alcoholic Beverage Control Advisory
34 Board;
35 ▸ increases the mark-up on alcoholic beverages;
36 ▸ creates two school-based underage drinking prevention programs that are presented
37 to students in grades 8 and 10 in the state;
38 ▸ requires a presiding officer to consider any aggravating circumstances when
39 imposing a fine;
40 ▸ provides that each retail licensee shall submit a responsible alcohol service plan to
41 the department upon application for or renewal of a retail license;
42 ▸ prohibits more than one type of retail license for the same room, unless the licenses
43 are:
44 • a restaurant license; and
45 • an on-premise banquet license or reception center license;
46 ▸ provides that an individual may not carry a sealed container of an alcoholic
47 beverage from the premises of a retail licensee;
48 ▸ states that a retail licensee may provide wine service for a bottled wine carried onto
49 the licensed premises or purchased at the licensed premises;
50 ▸ requires the department to develop the following training programs:
51 • a training program for retail managers and retail owners;
52 • a training program for off-premise retail managers; and
53 • a training program for an individual who commits a violation related to service
54 to an intoxicated individual or a minor;
55 ▸ enacts a process for the Department of Public Safety to track violations of each
56 retail licensee involving the sale of an alcoholic product to a minor;
57 ▸ establishes a flat renewal fee for a full-service restaurant licensee;
58 ▸ provides that beginning on July 1, 2017, and no later than July 1, 2018, a restaurant
59 licensee may designate a dispensing area within which:
60 • the restaurant licensee may store and dispense alcoholic product at a dispensing
61 structure;
62 • an individual 21 years of age or older may consume food and beverages; and
63 • except under certain circumstances, a minor may not be present;
64 ▸ removes grandfathered bar structures beginning on July 1, 2018;
65 ▸ extends the hours during which a restaurant licensee may sell, offer for sale, or
66 furnish an alcoholic product on a weekend or a state or federal legal holiday;
67 ▸ modifies the required contents of a beverage tab for restaurant licensees;
68 ▸ provides that a restaurant licensee may sell, offer for sale, or furnish an alcoholic
69 product to a patron only if:
70 • the patron is seated at a table, counter, or dispensing structure; and
71 • the restaurant licensee confirms that the patron intends to order food and
72 consume the food in the same location where the patron is seated;
73 ▸ provides that a restaurant licensee may not transfer, dispense, or serve an alcoholic
74 product from a movable cart;
75 ▸ addresses the retention of certain records for restaurant licensees;
76 ▸ requires a restaurant licensee or a bar licensee to display a sign that states whether
77 the licensee is a restaurant or a bar;
78 ▸ prohibits the commission from issuing or renewing a dining club license on or after
79 July 1, 2017;
80 ▸ provides that effective July 1, 2018, each dining club licensee converts to a
81 full-service restaurant licensee or a bar licensee;
82 ▸ establishes an off-premise beer retailer state license, including an application
83 process, fees, and renewal procedures;
84 ▸ requires an off-premise beer retailer to make and maintain a record of all beer
85 purchased, in accordance with commission rule;
86 ▸ provides that an off-premise beer retailer shall display beer in one or two contiguous
87 locations where beer is the only beverage displayed;
88 ▸ addresses notification to the department if an off-premise beer retailer changes
89 ownership;
90 ▸ modifies and repeals certain provisions related to local authority enforcement of
91 off-premise beer retailers to correspond with the state enforcement mechanisms
92 available under the off-premise beer retailer state license; and
93 ▸ makes technical and conforming changes.
94 Money Appropriated in this Bill:
95 None
96 Other Special Clauses:
97 None
98 Utah Code Sections Affected:
99 AMENDS:
100 11-10-1, as last amended by Laws of Utah 2010, Chapter 276
101 11-10-2, as last amended by Laws of Utah 1990, Chapter 23
102 26-38-2, as last amended by Laws of Utah 2012, Chapter 171
103 32B-1-102, as last amended by Laws of Utah 2016, Chapters 80, 176, and 348
104 32B-1-104, as enacted by Laws of Utah 2010, Chapter 276
105 32B-1-201, as last amended by Laws of Utah 2013, Chapter 349
106 32B-1-202, as last amended by Laws of Utah 2016, Chapter 176
107 32B-1-207, as enacted by Laws of Utah 2011, Chapter 334
108 32B-1-305, as last amended by Laws of Utah 2015, Chapter 351
109 32B-1-407, as last amended by Laws of Utah 2011, Chapters 297 and 334
110 32B-1-505, as last amended by Laws of Utah 2011, Chapter 297
111 32B-1-604, as enacted by Laws of Utah 2010, Chapter 276
112 32B-1-605, as last amended by Laws of Utah 2011, Chapters 307 and 334
113 32B-1-606, as enacted by Laws of Utah 2010, Chapter 276
114 32B-2-202, as last amended by Laws of Utah 2016, Chapter 80
115 32B-2-210, as last amended by Laws of Utah 2016, Chapter 158
116 32B-2-304, as last amended by Laws of Utah 2012, Chapter 357
117 32B-2-306, as enacted by Laws of Utah 2012, Chapter 388
118 32B-3-102, as enacted by Laws of Utah 2010, Chapter 276
119 32B-3-202, as enacted by Laws of Utah 2010, Chapter 276
120 32B-3-205, as enacted by Laws of Utah 2010, Chapter 276
121 32B-4-410, as last amended by Laws of Utah 2015, Chapter 165
122 32B-4-415, as last amended by Laws of Utah 2016, Chapters 80, 245, and 348
123 32B-4-501, as last amended by Laws of Utah 2016, Chapter 80
124 32B-5-201, as enacted by Laws of Utah 2010, Chapter 276
125 32B-5-202, as enacted by Laws of Utah 2010, Chapter 276
126 32B-5-307, as last amended by Laws of Utah 2016, Chapter 82
127 32B-5-402, as enacted by Laws of Utah 2010, Chapter 276
128 32B-5-403, as last amended by Laws of Utah 2016, Chapter 176
129 32B-5-404, as enacted by Laws of Utah 2010, Chapter 276
130 32B-6-202, as last amended by Laws of Utah 2011, Chapter 334
131 32B-6-204, as last amended by Laws of Utah 2012, Fourth Special Session, Chapter 1
132 32B-6-205, as last amended by Laws of Utah 2013, Chapter 353
133 32B-6-302, as last amended by Laws of Utah 2011, Chapter 334
134 32B-6-305, as last amended by Laws of Utah 2013, Chapter 353
135 32B-6-401, as enacted by Laws of Utah 2010, Chapter 276
136 32B-6-403, as last amended by Laws of Utah 2016, Chapter 80
137 32B-6-404, as last amended by Laws of Utah 2016, Chapter 348
138 32B-6-405, as last amended by Laws of Utah 2011, Chapters 307 and 334
139 32B-6-406, as last amended by Laws of Utah 2011, Chapter 334
140 32B-6-406.1, as enacted by Laws of Utah 2010, Chapter 276
141 32B-6-407, as last amended by Laws of Utah 2013, Chapter 349
142 32B-6-408, as enacted by Laws of Utah 2010, Chapter 276
143 32B-6-703, as last amended by Laws of Utah 2016, Chapter 82
144 32B-6-706, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
145 32B-6-902, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
146 32B-6-905, as last amended by Laws of Utah 2013, Chapter 353
147 32B-7-202, as last amended by Laws of Utah 2011, Chapter 307
148 32B-8-102, as last amended by Laws of Utah 2015, Chapter 258
149 32B-8-304, as last amended by Laws of Utah 2011, Chapters 297 and 334
150 32B-8a-302, as last amended by Laws of Utah 2016, Chapter 82
151 32B-8b-102, as enacted by Laws of Utah 2016, Chapter 80
152 32B-8b-201, as enacted by Laws of Utah 2016, Chapter 80
153 53-10-305, as last amended by Laws of Utah 2010, Chapter 276
154 53A-13-102, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
155 62A-15-401, as last amended by Laws of Utah 2011, Chapter 334
156 63I-2-232, as renumbered and amended by Laws of Utah 2008, Chapter 382
157 ENACTS:
158 32B-5-207, Utah Code Annotated 1953
159 32B-5-405, Utah Code Annotated 1953
160 32B-5-406, Utah Code Annotated 1953
161 32B-6-205.2, Utah Code Annotated 1953
162 32B-6-205.3, Utah Code Annotated 1953
163 32B-6-305.2, Utah Code Annotated 1953
164 32B-6-305.3, Utah Code Annotated 1953
165 32B-6-905.1, Utah Code Annotated 1953
166 32B-6-905.2, Utah Code Annotated 1953
167 32B-7-401, Utah Code Annotated 1953
168 32B-7-402, Utah Code Annotated 1953
169 32B-7-403, Utah Code Annotated 1953
170 32B-7-404, Utah Code Annotated 1953
171 32B-7-405, Utah Code Annotated 1953
172 RENUMBERS AND AMENDS:
173 32B-7-501, (Renumbered from 32B-7-305, as enacted by Laws of Utah 2010, Chapter
174 276 and last amended by Coordination Clause, Laws of Utah 2010, Chapter 276)
175 REPEALS:
176 32B-6-205.1, as enacted by Laws of Utah 2010, Chapter 276
177 32B-6-305.1, as enacted by Laws of Utah 2010, Chapter 276
178 32B-7-301, as enacted by Laws of Utah 2010, Chapter 276
179 32B-7-302, as enacted by Laws of Utah 2010, Chapter 276
180 32B-7-303, as enacted by Laws of Utah 2010, Chapter 276
181 32B-7-304, as enacted by Laws of Utah 2010, Chapter 276
182
183 Be it enacted by the Legislature of the state of Utah:
184 Section 1. Section 11-10-1 is amended to read:
185 11-10-1. Business license required -- Authorization for issuance, denial,
186 suspension, or revocation by local authority.
187 (1) As used in this chapter, the following have the meaning set forth in Section
188 32B-1-102:
189 (a) "alcoholic product";
190 (b) "[
191 (c) "local authority"; and
192 (d) "restaurant."
193 (2) A person may not operate an association, a restaurant, a bar, or a business similar to
194 a business operated under a [
195 allows a person to possess or consume an alcoholic product on the premises of the association,
196 restaurant, [
197 (3) (a) A local authority may issue a business license to a person who owns or operates
198 an association, restaurant, [
199 possess, or consume an alcoholic product on the premises.
200 (b) A business license issued under this Subsection (3) does not permit a person to
201 hold, store, possess, or consume an alcoholic product on the premises other than as provided in
202 Title 32B, Alcoholic Beverage Control Act.
203 (4) A local authority may suspend or revoke a business license for a violation of Title
204 32B, Alcoholic Beverage Control Act.
205 (5) A local authority shall set policy by written rules that establish criteria and
206 procedures for granting, denying, suspending, or revoking a business license issued under this
207 chapter.
208 (6) A business license issued under this section does not constitute written consent of
209 the local authority within the meaning of Title 32B, Alcoholic Beverage Control Act.
210 Section 2. Section 11-10-2 is amended to read:
211 11-10-2. Qualifications of licensee.
212 (1) A license may not be granted:
213 (a) unless the licensee is of good moral character, over the age of 21 years, and [
214
215 (b) to anyone who has been convicted of a felony or misdemeanor involving moral
216 turpitude;
217 (c) to any partnership or association, any member of which lacks any of the
218 qualifications set out in this section; or
219 (d) to any corporation, if any of its directors or officers lacks any qualification set out
220 in this section.
221 (2) The local authority shall, before issuing licenses, satisfy itself by written evidence
222 executed by the applicant that the applicant meets the standards set forth.
223 Section 3. Section 26-38-2 is amended to read:
224 26-38-2. Definitions.
225 As used in this chapter:
226 (1) "E-cigarette":
227 (a) means any electronic oral device:
228 (i) that provides a vapor of nicotine or other substance; and
229 (ii) which simulates smoking through its use or through inhalation of the device; and
230 (b) includes an oral device that is:
231 (i) composed of a heating element, battery, or electronic circuit; and
232 (ii) marketed, manufactured, distributed, or sold as:
233 (A) an e-cigarette;
234 (B) e-cigar;
235 (C) e-pipe; or
236 (D) any other product name or descriptor, if the function of the product meets the
237 definition of Subsection (1)(a).
238 (2) "Place of public access" means any enclosed indoor place of business, commerce,
239 banking, financial service, or other service-related activity, whether publicly or privately owned
240 and whether operated for profit or not, to which persons not employed at the place of public
241 access have general and regular access or which the public uses, including:
242 (a) buildings, offices, shops, elevators, or restrooms;
243 (b) means of transportation or common carrier waiting rooms;
244 (c) restaurants, cafes, or cafeterias;
245 (d) taverns as defined in Section 32B-1-102, or cabarets;
246 (e) shopping malls, retail stores, grocery stores, or arcades;
247 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
248 sites, auditoriums, or arenas;
249 (g) barber shops, hair salons, or laundromats;
250 (h) sports or fitness facilities;
251 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
252 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
253 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
254 of these;
255 (j) (i) any child care facility or program subject to licensure or certification under this
256 title, including those operated in private homes, when any child cared for under that license is
257 present; and
258 (ii) any child care, other than child care as defined in Section 26-39-102, that is not
259 subject to licensure or certification under this title, when any child cared for by the provider,
260 other than the child of the provider, is present;
261 (k) public or private elementary or secondary school buildings and educational
262 facilities or the property on which those facilities are located;
263 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
264 religious organization when used solely by the organization members or their guests or
265 families;
266 (m) any facility rented or leased for private functions from which the general public is
267 excluded and arrangements for the function are under the control of the function sponsor;
268 (n) any workplace that is not a place of public access or a publicly owned building or
269 office but has one or more employees who are not owner-operators of the business;
270 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
271 stating "no smoking", "thank you for not smoking", or similar statement; and
272 (p) a holder of a [
273 (3) "Publicly owned building or office" means any enclosed indoor place or portion of
274 a place owned, leased, or rented by any state, county, or municipal government, or by any
275 agency supported by appropriation of, or by contracts or grants from, funds derived from the
276 collection of federal, state, county, or municipal taxes.
277 (4) "Smoking" means:
278 (a) the possession of any lighted or heated tobacco product in any form;
279 (b) inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine
280 intended for inhalation through a cigar, cigarette, pipe, or hookah;
281 (c) except as provided in Section 26-38-2.6, using an e-cigarette; or
282 (d) using an oral smoking device intended to circumvent the prohibition of smoking in
283 this chapter.
284 Section 4. Section 32B-1-102 is amended to read:
285 32B-1-102. Definitions.
286 As used in this title:
287 (1) "Airport lounge" means a business location:
288 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
289 (b) that is located at an international airport with a United States Customs office on the
290 premises of the international airport.
291 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
292 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
293 (3) "Alcoholic beverage" means the following:
294 (a) beer; or
295 (b) liquor.
296 (4) (a) "Alcoholic product" means a product that:
297 (i) contains at least .5% of alcohol by volume; and
298 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
299 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
300 in an amount equal to or greater than .5% of alcohol by volume.
301 (b) "Alcoholic product" includes an alcoholic beverage.
302 (c) "Alcoholic product" does not include any of the following common items that
303 otherwise come within the definition of an alcoholic product:
304 (i) except as provided in Subsection (4)(d), an extract;
305 (ii) vinegar;
306 (iii) cider;
307 (iv) essence;
308 (v) tincture;
309 (vi) food preparation; or
310 (vii) an over-the-counter medicine.
311 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
312 when it is used as a flavoring in the manufacturing of an alcoholic product.
313 (5) "Alcohol training and education seminar" means a seminar that is:
314 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
315 (b) described in Section 62A-15-401.
316 (6) "Banquet" means an event:
317 (a) that is held at one or more designated locations approved by the commission in or
318 on the premises of a:
319 (i) hotel;
320 (ii) resort facility;
321 (iii) sports center; or
322 (iv) convention center;
323 (b) for which there is a contract:
324 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
325 and
326 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
327 provide an alcoholic product at the event; and
328 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
329 [
330 [
331 [
332 [
333 [
334 [
335 any place of the surface or structure an alcoholic product is:
336 [
337 [
338 [
339 with Chapter 5, Retail License Act, and Chapter 6, Part 4, [
340 (b) "[
341 (i) a dining club license;
342 (ii) an equity [
343 (iii) a fraternal [
344 (iv) a [
345 [
346 Chapter 5, Retail License Act, and Chapter 6, Part 4, [
347
348 [
349 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
350 volume or 3.2% by weight; and
351 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
352 (b) "Beer" may or may not contain hops or other vegetable products.
353 (c) "Beer" includes a product that:
354 (i) contains alcohol in the percentages described in Subsection [
355 (ii) is referred to as:
356 (A) beer;
357 (B) ale;
358 (C) porter;
359 (D) stout;
360 (E) lager; or
361 (F) a malt or malted beverage.
362 (d) "Beer" does not include a flavored malt beverage.
363 [
364 Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
365 [
366 (a) [
367 whether for consumption on or off the business premises; and
368 [
369 (b) is licensed as:
370 (i) [
371 Beer Retailer Local Authority; or
372 (ii) [
373 and Chapter 6, Part 7, On-Premise Beer Retailer License.
374 [
375 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
376 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
377 retail licensees or off-premise beer retailers.
378 [
379 (a) a light device;
380 (b) a painting;
381 (c) a drawing;
382 (d) a poster;
383 (e) a sign;
384 (f) a signboard; or
385 (g) a scoreboard.
386 [
387 (a) beer;
388 (b) heavy beer; or
389 (c) a flavored malt beverage.
390 [
391 Chapter 11, Part 5, Brewery Manufacturing License.
392 [
393 department under Section 32B-11-201.
394 [
395 provided by a bus company to a group of persons pursuant to a common purpose:
396 (a) under a single contract;
397 (b) at a fixed charge in accordance with the bus company's tariff; and
398 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
399 motor vehicle, and a driver to travel together to one or more specified destinations.
400 [
401 (a) set apart for worship;
402 (b) in which religious services are held;
403 (c) with which clergy is associated; and
404 (d) that is tax exempt under the laws of this state.
405 [
406 in Section 32B-2-201.
407 [
408 [
409 (a) a public or private school;
410 (b) a church;
411 (c) a public library;
412 (d) a public playground; or
413 (e) a public park.
414 [
415 (a) the governing body of the community location; or
416 (b) if the commission does not know who is the governing body of a community
417 location, a person who appears to the commission to have been given on behalf of the
418 community location the authority to prohibit an activity at the community location.
419 [
420 including:
421 (a) a bottle;
422 (b) a vessel; or
423 (c) a similar item.
424 [
425 (a) in total at least 30,000 square feet; and
426 (b) otherwise defined as a "convention center" by the commission by rule.
427 [
428 structure in a dining area of a licensed premises where seating is provided to a patron for
429 service of food.
430 (b) "Counter" does not include [
431
432 [
433 [
434 [
435 in Section 32B-2-203.
436 [
437 (a) an auditor or inspector; and
438 (b) employed by the department.
439 [
440 department for testing, analysis, and sampling.
441 [
442 Retail License Act, and Chapter 6, Part 4, [
443 by the commission as a dining club license.
444 [
445 department.
446 [
447 under this title:
448 (a) against a person subject to administrative action; and
449 (b) that is brought on the basis of a violation of this title.
450 [
451 (i) drawing of an alcoholic product:
452 (A) from an area where it is stored; or
453 (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
454 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and
455 (ii) using the alcoholic product described in Subsection [
456 premises of the licensed premises to mix or prepare an alcoholic product to be furnished to a
457 patron of the retail licensee.
458 (b) The definition of "dispense" in this Subsection [
459 (i) a full-service restaurant license;
460 (ii) a limited-service restaurant license;
461 (iii) a reception center license; and
462 (iv) a beer-only restaurant license.
463 (34) "Dispensing structure" means a surface or structure on a licensed premises:
464 (a) where an alcoholic product is stored or dispensed; or
465 (b) from which an alcoholic product is served.
466 [
467 with Chapter 11, Part 4, Distillery Manufacturing License.
468 [
469 the department that is saleable, but for some reason is unappealing to the public.
470 [
471 (a) a nursery school;
472 (b) an infant day care center; and
473 (c) a trade and technical school.
474 [
475 5, Retail License Act, and Chapter 6, Part 4, [
476 designated by the commission as an equity [
477 [
478 (a) a single event permit; or
479 (b) a temporary beer event permit.
480 [
481 being considered in determining the total number of retail licenses that the commission may
482 issue at any time.
483 [
484 (i) that contains at least .5% alcohol by volume;
485 (ii) that is treated by processing, filtration, or another method of manufacture that is not
486 generally recognized as a traditional process in the production of a beer as described in 27
487 C.F.R. Sec. 25.55;
488 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
489 extract; and
490 (iv) (A) for which the producer is required to file a formula for approval with the
491 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
492 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
493 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
494 [
495 Chapter 5, Retail License Act, and Chapter 6, Part 4, [
496 designated by the commission as a fraternal [
497 [
498 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
499 [
500 individual an alcoholic product, by sale or otherwise.
501 (b) "Furnish" includes to:
502 (i) serve;
503 (ii) deliver; or
504 (iii) otherwise make available.
505 [
506 32B-6-407(9).
507 [
508 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
509 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
510 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
511 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
512 Act;
513 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
514 Nurse Practice Act;
515 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
516 Practice Act;
517 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
518 Therapy Practice Act;
519 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
520 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
521 Professional Practice Act;
522 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
523 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
524 Practice Act;
525 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
526 Hygienist Practice Act; and
527 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
528 [
529 (i) contains more than 4% alcohol by volume; and
530 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
531 (b) "Heavy beer" is considered liquor for the purposes of this title.
532 [
533 [
534 License Act, and Chapter 8b, Hotel License Act.
535 [
536 Chapter 3, Part 8, Identification Card Act.
537 [
538 salary, commission, or other means for representing and selling an alcoholic product of a
539 manufacturer, supplier, or importer of liquor.
540 [
541 possession of the department for testing, analysis, and sampling by a local industry
542 representative on the premises of the department to educate the local industry representative of
543 the quality and characteristics of the product.
544 [
545 furnishing of an alcoholic product is prohibited by:
546 (a) law; or
547 (b) court order.
548 [
549 (a) is significantly impaired as to the person's mental or physical functions as a result of
550 the use of:
551 (i) an alcoholic product;
552 (ii) a controlled substance;
553 (iii) a substance having the property of releasing toxic vapors; or
554 (iv) a combination of Subsections [
555 (b) exhibits plain and easily observed outward manifestations of behavior or physical
556 signs produced by the overconsumption of an alcoholic product.
557 [
558 (a) a department compliance officer; or
559 (b) a nondepartment enforcement officer.
560 [
561 [
562 (a) a retail license;
563 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
564 Licenses Act;
565 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
566 or
567 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
568 [
569 [
570 with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
571 [
572 authority, other than a bus or taxicab:
573 (a) in which the driver and a passenger are separated by a partition, glass, or other
574 barrier;
575 (b) that is provided by a business entity to one or more individuals at a fixed charge in
576 accordance with the business entity's tariff; and
577 (c) to give the one or more individuals the exclusive use of the limousine and a driver
578 to travel to one or more specified destinations.
579 [
580 (A) is:
581 (I) alcohol;
582 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
583 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
584 (IV) other drink or drinkable liquid; and
585 (B) (I) contains at least .5% alcohol by volume; and
586 (II) is suitable to use for beverage purposes.
587 (ii) "Liquor" includes:
588 (A) heavy beer;
589 (B) wine; and
590 (C) a flavored malt beverage.
591 (b) "Liquor" does not include beer.
592 [
593 32B-2-301.
594 [
595 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
596 (b) to a person, other than a licensed manufacturer, who engages in the importation for
597 storage, sale, or distribution of liquor regardless of amount.
598 [
599 (a) for premises that are located in an unincorporated area of a county, the governing
600 body of a county; or
601 (b) for premises that are located in an incorporated city, town, or metro township, the
602 governing body of the city, town, or metro township.
603 [
604 [
605 ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to
606 others.
607 [
608 privileges in an equity [
609 [
610 center, or homeport facility for a ship:
611 (i) (A) under the control of the United States Department of Defense; or
612 (B) of the National Guard;
613 (ii) that is located within the state; and
614 (iii) including a leased facility.
615 (b) "Military installation" does not include a facility used primarily for:
616 (i) civil works;
617 (ii) a rivers and harbors project; or
618 (iii) a flood control project.
619 [
620 [
621 (a) (i) is a state agency other than the department; or
622 (ii) is an agency of a county, city, town, or metro township; and
623 (b) has a responsibility to enforce one or more provisions of this title.
624 [
625 (a) a peace officer, examiner, or investigator; and
626 (b) employed by a nondepartment enforcement agency.
627 [
628 (i) licensed in accordance with Chapter 7, [
629
630 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
631 premises.
632 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
633 (73) "Off-premise beer retailer state license" means a state license issued in accordance
634 with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
635 [
636 Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
637 [
638 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
639 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
640 Retailer License; and
641 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
642 premises:
643 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
644 premises; and
645 (ii) on and after March 1, 2012, operating:
646 (A) as a tavern; or
647 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
648 [
649 [
650 (a) under an agreement with the department; and
651 (b) by a person:
652 (i) other than the state; and
653 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
654 Agency, to sell packaged liquor for consumption off the premises of the package agency.
655 [
656 [
657 offered for sale, or furnished, or who consumes an alcoholic product including:
658 (a) a customer;
659 (b) a member;
660 (c) a guest;
661 (d) an attendee of a banquet or event;
662 (e) an individual who receives room service;
663 (f) a resident of a resort;
664 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
665 or
666 (h) an invitee.
667 [
668 (a) Chapter 9, Event Permit Act; or
669 (b) Chapter 10, Special Use Permit Act.
670 [
671 (a) a licensee;
672 (b) a permittee;
673 (c) a manufacturer;
674 (d) a supplier;
675 (e) an importer;
676 (f) one of the following holding a certificate of approval:
677 (i) an out-of-state brewer;
678 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
679 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
680 (g) staff of:
681 (i) a person listed in Subsections [
682 (ii) a package agent.
683 [
684 the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
685 product, unless otherwise defined in this title or rules made by the commission.
686 [
687 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
688 to prescribe a controlled substance, other drug, or device for medicinal purposes;
689 (b) the order is made in the course of that health care practitioner's professional
690 practice; and
691 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
692 [
693 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
694 group; and
695 (ii) that is limited in attendance to people who are specifically designated and their
696 guests.
697 (b) "Private event" does not include an event to which the general public is invited,
698 whether for an admission fee or not.
699 [
700 (i) an identification card;
701 (ii) an identification that:
702 (A) is substantially similar to an identification card;
703 (B) is issued in accordance with the laws of a state other than Utah in which the
704 identification is issued;
705 (C) includes date of birth; and
706 (D) has a picture affixed;
707 (iii) a valid driver license certificate that:
708 (A) includes date of birth;
709 (B) has a picture affixed; and
710 (C) is issued:
711 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
712 (II) in accordance with the laws of the state in which it is issued;
713 (iv) a military identification card that:
714 (A) includes date of birth; and
715 (B) has a picture affixed; or
716 (v) a valid passport.
717 (b) "Proof of age" does not include a driving privilege card issued in accordance with
718 Section 53-3-207.
719 [
720 (i) owned or leased by:
721 (A) the state; or
722 (B) a local government entity; and
723 (ii) used for:
724 (A) public education;
725 (B) transacting public business; or
726 (C) regularly conducting government activities.
727 (b) "Public building" does not include a building owned by the state or a local
728 government entity when the building is used by a person, in whole or in part, for a proprietary
729 function.
730 [
731 public has access to and a right to use for transportation, including an airline, railroad, bus,
732 boat, or other public conveyance.
733 [
734 (a) operates facilities that are at least 5,000 square feet; and
735 (b) has as its primary purpose the leasing of the facilities described in Subsection [
736 (88)(a) to a third party for the third party's event.
737 [
738 Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
739 [
740 (i) inscribed on a tangible medium; or
741 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
742 (b) "Record" includes:
743 (i) a book;
744 (ii) a book of account;
745 (iii) a paper;
746 (iv) a contract;
747 (v) an agreement;
748 (vi) a document; or
749 (vii) a recording in any medium.
750 [
751 [
752 Section 32B-8-102.
753 [
754 [
755 [
756 Retail License Act, and Chapter 8, Resort License Act.
757 (96) "Responsible alcohol service plan" means a written set of policies and procedures
758 that outlines measures to prevent employees from:
759 (a) over-serving alcoholic beverages to customers;
760 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
761 intoxicated; and
762 (c) serving alcoholic beverages to minors.
763 [
764 (a) at which a variety of foods are prepared;
765 (b) at which complete meals are served to the general public; and
766 (c) that is engaged primarily in serving meals to the general public.
767 [
768 (a) a full-service restaurant license;
769 (b) a master full-service restaurant license;
770 (c) a limited-service restaurant license;
771 (d) a master limited-service restaurant license;
772 (e) a [
773 (f) an airport lounge license;
774 (g) an on-premise banquet license;
775 (h) an on-premise beer license;
776 (i) a reception center license;
777 (j) a beer-only restaurant license;
778 (k) a resort license; or
779 (l) a hotel license.
780 [
781 guest room of a:
782 (a) hotel; or
783 (b) resort facility.
784 [
785 minors.
786 (b) "School" does not include an educational facility.
787 [
788 for consideration, an alcoholic product is either directly or indirectly transferred, solicited,
789 ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
790 done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
791 the rules made by the commission.
792 [
793 [
794 seminudity appears at or performs:
795 (a) for the entertainment of one or more patrons;
796 (b) on the premises of:
797 (i) a [
798 (ii) a tavern;
799 (c) on behalf of or at the request of the licensee described in Subsection [
800 (103)(b);
801 (d) on a contractual or voluntary basis; and
802 (e) whether or not the person is designated as:
803 (i) an employee;
804 (ii) an independent contractor;
805 (iii) an agent of the licensee; or
806 (iv) a different type of classification.
807 [
808 9, Part 3, Single Event Permit.
809 [
810 barrels of beer, heavy beer, and flavored malt beverages per year.
811 [
812 10, Special Use Permit Act.
813 [
814 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
815 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
816 [
817 [
818 title:
819 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
820 holder;
821 (ii) at the request of the business, including a package agent, licensee, permittee, or
822 certificate holder; or
823 (iii) under the authority of the business, including a package agent, licensee, permittee,
824 or certificate holder.
825 (b) "Staff" includes:
826 (i) an officer;
827 (ii) a director;
828 (iii) an employee;
829 (iv) personnel management;
830 (v) an agent of the licensee, including a managing agent;
831 (vi) an operator; or
832 (vii) a representative.
833 [
834 (a) the appearance of:
835 (i) the nipple or areola of a female human breast;
836 (ii) a human genital;
837 (iii) a human pubic area; or
838 (iv) a human anus; or
839 (b) a state of dress that fails to opaquely cover:
840 (i) the nipple or areola of a female human breast;
841 (ii) a human genital;
842 (iii) a human pubic area; or
843 (iv) a human anus.
844 [
845 covers no more than:
846 (a) the nipple and areola of the female human breast in a shape and color other than the
847 natural shape and color of the nipple and areola; and
848 (b) the human genitals, pubic area, and anus:
849 (i) with no less than the following at its widest point:
850 (A) four inches coverage width in the front of the human body; and
851 (B) five inches coverage width in the back of the human body; and
852 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
853 [
854 (i) located on premises owned or leased by the state; and
855 (ii) operated by a state employee.
856 (b) "State store" does not include:
857 (i) a package agency;
858 (ii) a licensee; or
859 (iii) a permittee.
860 [
861 stores an alcoholic product.
862 (b) "Store" means to place or maintain in a location an alcoholic product from which a
863 person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
864 Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
865 32B-6-905(12)(b)(ii).
866 [
867 32B-8-102 or 32B-8b-102.
868 [
869 department.
870 [
871 (a) issued a license by the commission in accordance with Chapter 5, Retail License
872 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
873 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
874 On-Premise Beer Retailer License.
875 [
876 Chapter 9, Part 4, Temporary Beer Event Permit.
877 [
878 a person who does not have a present intention to continue residency within Utah permanently
879 or indefinitely.
880 [
881 does not allow an object or person to be seen through the substance.
882 [
883 (a) is unsaleable because the container is:
884 (i) unlabeled;
885 (ii) leaky;
886 (iii) damaged;
887 (iv) difficult to open; or
888 (v) partly filled;
889 (b) (i) has faded labels or defective caps or corks;
890 (ii) has contents that are:
891 (A) cloudy;
892 (B) spoiled; or
893 (C) chemically determined to be impure; or
894 (iii) contains:
895 (A) sediment; or
896 (B) a foreign substance; or
897 (c) is otherwise considered by the department as unfit for sale.
898 [
899 the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or
900 not another ingredient is added.
901 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
902 in this title.
903 [
904 with Chapter 11, Part 3, Winery Manufacturing License.
905 Section 5. Section 32B-1-104 is amended to read:
906 32B-1-104. Exercise of police powers -- Severability.
907 (1) (a) This title is an exercise of the police powers of the state for the protection of the
908 public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale,
909 furnishing, consumption, manufacture, and distribution of an alcoholic product.
910 (b) This title governs alcoholic product control unless otherwise provided in this title.
911 (c) If this title or a local ordinance adopted in accordance with Section 32B-1-204 does
912 not expressly permit a licensee or permittee to engage in an activity related to the storage, sale,
913 offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product,
914 the licensee or permittee may not engage in that activity.
915 (2) The department and the commission:
916 (a) shall implement and enforce the provisions of this title in accordance with the
917 express language of the provisions and in a manner consistent with the policy described in
918 Section 32B-1-103; and
919 (b) may not waive any provision of this title.
920 [
921 circumstance is held invalid, the remainder of this title shall be given effect without the invalid
922 provision or application. The provisions of this title are severable.
923 Section 6. Section 32B-1-201 is amended to read:
924 32B-1-201. Restrictions on number of retail licenses that may be issued --
925 Determining population -- Exempt licenses.
926 (1) As used in this section:
927 (a) "Alcohol-related law enforcement officer" means a law enforcement officer
928 employed by the Department of Public Safety that has as a primary responsibility:
929 (i) the enforcement of this title; or
930 (ii) the enforcement of Title 41, Chapter 6a, Part 5, Driving Under the Influence and
931 Reckless Driving.
932 (b) "Enforcement ratio" is the number calculated as follows:
933 (i) determine the quotient equal to the sum of the total number of quota retail licenses
934 available and the total number of licensed premises operating under a master full-service
935 restaurant license or under a master limited-service restaurant license divided by the total
936 number of alcohol-related law enforcement officers; and
937 (ii) round the number determined in accordance with Subsection (1)(b)(i) up to the
938 nearest whole number.
939 (c) "Quota retail license" means:
940 (i) a full-service restaurant license;
941 (ii) a limited-service restaurant license;
942 (iii) a [
943 (iv) an on-premise banquet license;
944 (v) an on-premise beer retailer operating as a tavern; and
945 (vi) a reception center license.
946 (d) "Total number of alcohol-related law enforcement officers" means the total number
947 of positions designated as alcohol-related law enforcement officers that are funded as of a
948 specified date as certified by the Department of Public Safety to the department.
949 (e) "Total number of quota retail licenses available" means the number calculated by:
950 (i) determining as of a specified date for each quota retail license the number of
951 licenses that the commission may not exceed calculated by dividing the population of the state
952 by the number specified in the relevant provision for the quota retail license; and
953 (ii) adding together the numbers determined under Subsection (1)(e)(i).
954 (2) (a) Beginning on July 1, 2012, the department shall annually determine the
955 enforcement ratio as of July 1 of that year.
956 (b) If, beginning on July 1, 2012, the enforcement ratio is greater than 52, the
957 commission may not issue a quota retail license for the 12-month period beginning on the July
958 1 for which the enforcement ratio is greater than 52.
959 (c) Notwithstanding Subsection (2)(b), the commission may issue a quota retail license
960 during the 12-month period described in Subsection (2)(b) beginning on the day on which a
961 sufficient number of alcohol-related law enforcement officers are employed so that if the
962 enforcement ratio is calculated, the enforcement ratio would be equal to or less than 52.
963 (d) Once the Department of Public Safety certifies under Subsection (1)(d) the total
964 number of positions designated as alcohol-related law enforcement officers that are funded as
965 of July 1, the Department of Public Safety may not use the funding for the designated
966 alcohol-related law enforcement officers for a purpose other than funding those positions.
967 (3) For purposes of determining the number of state stores that the commission may
968 establish or the number of package agencies or retail licenses that the commission may issue,
969 the commission shall determine population by:
970 (a) the most recent United States decennial or special census; or
971 (b) another population determination made by the United States or state governments.
972 (4) The commission may not consider a retail license that meets the following
973 conditions in determining the total number of licenses available for that type of retail license
974 that the commission may issue at any time:
975 (a) the retail license was issued to a club licensee designated as a dining club as of July
976 1, 2011; and
977 (b) the dining club license is converted to another type of retail license in accordance
978 with Section 32B-6-409.
979 Section 7. Section 32B-1-202 is amended to read:
980 32B-1-202. Proximity to community location.
981 (1) [
982 (a) (i) "Outlet" means:
983 [
984 [
985 [
986 (ii) "Outlet" does not include:
987 (A) an airport lounge licensee; or
988 (B) a restaurant.
989 (b) "Restaurant" means:
990 (i) a full-service restaurant licensee;
991 (ii) a limited-service restaurant licensee; or
992 (iii) a beer-only restaurant licensee.
993 (2) (a) [
994 may not be located:
995 [
996 entrance of the outlet by following the shortest route of ordinary pedestrian travel to the
997 property boundary of the community location; or
998 [
999 nearest entrance of the outlet to the nearest property boundary of the community location.
1000 (b) The premises of a restaurant may not be located:
1001 (i) within 450 feet of a community location, as measured from the nearest entrance of
1002 the restaurant by following the shortest route of ordinary pedestrian travel to the property
1003 boundary of the community location; or
1004 (ii) within 200 feet of a community location, measured in a straight line from the
1005 nearest entrance of the restaurant to the nearest property boundary of the community location.
1006 [
1007
1008 [
1009
1010 [
1011 [
1012 [
1013
1014 [
1015
1016 [
1017
1018 [
1019
1020
1021
1022 [
1023
1024 [
1025
1026
1027 [
1028 [
1029
1030 [
1031 [
1032
1033 [
1034
1035
1036 [
1037
1038
1039
1040 [
1041
1042 [
1043
1044 [
1045 (3) For an outlet or a restaurant that holds a license on May 9, 2017, and operates under
1046 a previously approved variance to one or more proximity requirements in effect before May 9,
1047 2017, the outlet or restaurant may continue to operate under the variance if the outlet or
1048 restaurant remains in continuous operation, regardless of whether the outlet or restaurant
1049 changes ownership.
1050 [
1051 proximity of an educational, religious, and recreational facility, or any other relevant factor in
1052 reaching a decision on a proposed location of an outlet or a restaurant.
1053 Section 8. Section 32B-1-207 is amended to read:
1054 32B-1-207. Calculation of ratio of gross receipts of food to alcoholic product.
1055 In calculating the annual gross receipts of a retail license or sublicense for purposes of
1056 determining the percentage of gross receipts from the sale, offer for sale, or furnishing of food
1057 or an alcoholic product, a retail licensee may not include in the calculation the money from the
1058 sale of a bottle of wine by the retail licensee or under a sublicense that is in excess of [
1059 $175.
1060 Section 9. Section 32B-1-305 is amended to read:
1061 32B-1-305. Requirement for a background check.
1062 (1) The department shall require an individual listed in Subsection (2), in accordance
1063 with this part, to:
1064 (a) provide a signed waiver from the individual whose fingerprints may be registered in
1065 the Federal Bureau of Investigation Rap Back system that notifies the signee:
1066 (i) that a criminal history background check will be conducted;
1067 (ii) who will see the information; and
1068 (iii) how the information will be used;
1069 (b) submit to a background check in a form acceptable to the department; and
1070 (c) consent to a background check by:
1071 (i) the Utah Bureau of Criminal Identification; and
1072 (ii) the Federal Bureau of Investigation.
1073 (2) The following shall comply with Subsection (1):
1074 (a) an individual applying for employment with the department if:
1075 (i) the department makes the decision to offer the individual employment with the
1076 department; and
1077 (ii) once employed, the individual will receive benefits;
1078 (b) an individual applying to the commission to operate a package agency;
1079 (c) an individual applying to the commission for a license, unless the license is an
1080 off-premise beer retailer state license;
1081 (d) an individual who with regard to an entity that is applying to the commission to
1082 operate a package agency or for a license is:
1083 (i) a partner;
1084 (ii) a managing agent;
1085 (iii) a manager;
1086 (iv) an officer;
1087 (v) a director;
1088 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a
1089 corporation;
1090 (vii) a member who owns at least 20% of a limited liability company; or
1091 (viii) an individual employed to act in a supervisory or managerial capacity; or
1092 (e) an individual who becomes involved with an entity that operates a package agency
1093 or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day
1094 on which the entity:
1095 (i) is approved to operate a package agency; or
1096 (ii) is licensed by the commission.
1097 (3) The department shall require compliance with Subsection (2)(e) as a condition of
1098 an entity's:
1099 (a) continued operation of a package agency; or
1100 (b) renewal of a license.
1101 (4) The department may require as a condition of continued employment that a
1102 department employee:
1103 (a) submit to a background check in a form acceptable to the department; and
1104 (b) consent to a fingerprint criminal background check by:
1105 (i) the Utah Bureau of Criminal Identification; and
1106 (ii) the Federal Bureau of Investigation.
1107 Section 10. Section 32B-1-407 is amended to read:
1108 32B-1-407. Verification of proof of age by applicable licensees.
1109 (1) As used in this section, "applicable licensee" means:
1110 (a) a dining club;
1111 (b) a [
1112 (c) a tavern[
1113 (d) a full-service restaurant;
1114 (e) a limited-service restaurant; or
1115 (f) a beer-only restaurant.
1116 (2) Notwithstanding any other provision of this part, an applicable licensee shall
1117 require that an authorized person for the applicable licensee verify proof of age as provided in
1118 this section.
1119 (3) An authorized person is required to verify proof of age under this section before an
1120 individual who appears to be 35 years of age or younger:
1121 (a) gains admittance to the premises of a [
1122 (b) procures an alcoholic product on the premises of a dining club licensee[
1123 (c) sits, remains, or consumes food or a beverage in a dispensing area in the premises
1124 of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only
1125 restaurant licensee.
1126 (4) To comply with Subsection (3), an authorized person shall:
1127 (a) request the individual present proof of age; and
1128 (b) (i) verify the validity of the proof of age electronically under the verification
1129 program created in Subsection (5); or
1130 (ii) if the proof of age cannot be electronically verified as provided in Subsection
1131 (4)(b)(i), request that the individual comply with a process established by the commission by
1132 rule.
1133 (5) The commission shall establish by rule an electronic verification program that
1134 includes the following:
1135 (a) the specifications for the technology used by the applicable licensee to
1136 electronically verify proof of age, including that the technology display to the person described
1137 in Subsection (2) no more than the following for the individual who presents the proof of age:
1138 (i) the name;
1139 (ii) the age;
1140 (iii) the number assigned to the individual's proof of age by the issuing authority;
1141 (iv) the birth date;
1142 (v) the gender; and
1143 (vi) the status and expiration date of the individual's proof of age; and
1144 (b) the security measures that shall be used by an applicable licensee to ensure that
1145 information obtained under this section is:
1146 (i) used by the applicable licensee only for purposes of verifying proof of age in
1147 accordance with this section; and
1148 (ii) retained by the applicable licensee for seven days after the day on which the
1149 applicable licensee obtains the information.
1150 (6) (a) An applicable licensee may not disclose information obtained under this section
1151 except as provided under this title.
1152 (b) Information obtained under this section is considered a record for any purpose
1153 under Chapter 5, Part 3, Retail Licensee Operational Requirements.
1154 Section 11. Section 32B-1-505 is amended to read:
1155 32B-1-505. Sexually oriented entertainer.
1156 (1) Subject to the requirements of this part, live entertainment is permitted on premises
1157 or at an event regulated by the commission.
1158 (2) Notwithstanding Subsection (1), a retail licensee or permittee may not permit a
1159 person to:
1160 (a) appear or perform in a state of nudity;
1161 (b) perform or simulate an act of:
1162 (i) sexual intercourse;
1163 (ii) masturbation;
1164 (iii) sodomy;
1165 (iv) bestiality;
1166 (v) oral copulation;
1167 (vi) flagellation; or
1168 (vii) a sexual act that is prohibited by Utah law; or
1169 (c) touch, caress, or fondle the breast, buttocks, anus, or genitals.
1170 (3) A sexually oriented entertainer may perform in a state of seminudity:
1171 (a) only in:
1172 (i) a tavern; or
1173 (ii) a [
1174 (b) only if:
1175 (i) the windows, doors, and other apertures to the premises are darkened or otherwise
1176 constructed to prevent anyone outside the premises from seeing the performance; and
1177 (ii) the outside entrance doors of the premises remain unlocked.
1178 (4) A sexually oriented entertainer may perform only upon a stage or in a designated
1179 performance area that is:
1180 (a) approved by the commission in accordance with rules made by the commission;
1181 (b) configured so as to preclude a patron from:
1182 (i) touching the sexually oriented entertainer; or
1183 (ii) placing any money or object on or within the performance attire or the person of the
1184 sexually oriented entertainer; and
1185 (c) configured so as to preclude the sexually oriented entertainer from touching a
1186 patron.
1187 (5) A sexually oriented entertainer may not touch a patron:
1188 (a) during the sexually oriented entertainer's performance; or
1189 (b) while the sexually oriented entertainer is dressed in performance attire.
1190 (6) A sexually oriented entertainer, while in the portion of the premises used by
1191 patrons, shall be dressed in opaque clothing which covers and conceals the sexually oriented
1192 entertainer's performance attire from the top of the breast to the knee.
1193 (7) A patron may not be on the stage or in the performance area while a sexually
1194 oriented entertainer is appearing or performing on the stage or in the performance area.
1195 (8) A patron may not:
1196 (a) touch a sexually oriented entertainer:
1197 (i) during the sexually oriented entertainer's performance; or
1198 (ii) while the sexually oriented entertainer is dressed in performance attire; or
1199 (b) place money or any other object on or within the performance attire or the person of
1200 the sexually oriented entertainer.
1201 (9) A minor may not be on premises described in Subsection (3).
1202 (10) A person who appears or performs for the entertainment of patrons on premises or
1203 at an event regulated by the commission that is not a tavern or [
1204 (a) may not appear or perform in a state of nudity or a state of seminudity; and
1205 (b) may appear or perform in opaque clothing that completely covers the person's
1206 genitals, pubic area, and anus if the covering:
1207 (i) is not less than the following at its widest point:
1208 (A) four inches coverage width in the front of the human body; and
1209 (B) five inches coverage width in the back of the human body;
1210 (ii) does not taper to less than one inch wide at the narrowest point; and
1211 (iii) if covering a female, completely covers the breast below the top of the areola.
1212 Section 12. Section 32B-1-604 is amended to read:
1213 32B-1-604. Requirements for labeling and packaging -- Authority of the
1214 commission and department.
1215 (1) A manufacturer may not distribute or sell a malted beverage:
1216 (a) unless the label and packaging of the malted beverage:
1217 (i) complies with the federal label requirements of 27 C.F.R. Parts 7, 13, and 16; and
1218 (ii) clearly gives notice to the public that the malted beverage is an alcoholic product;
1219 and
1220 (b) until the day on which the department in accordance with this title and rules of the
1221 commission approves the label and packaging of the malted beverage.
1222 (2) The department shall review the label and packaging of a malted beverage to ensure
1223 that the label and packaging meet the requirements of Subsection (1)(a).
1224 (3) A manufacturer may comply with the requirement of Subsection (1)(a)(ii) by
1225 including on a label and packaging for a malted beverage any of the following terms:
1226 (a) beer;
1227 (b) ale;
1228 (c) porter;
1229 (d) stout;
1230 (e) lager;
1231 (f) lager beer; or
1232 (g) another class or type designation commonly applied to a malted beverage that
1233 conveys by a recognized term that the product contains alcohol.
1234 (4) (a) As used in this section, "previously approved malted beverage" means a malted
1235 beverage for which the manufacturer holds approval for the label and packaging under
1236 Subsection (1)(b) on May 9, 2017.
1237 (b) Beginning May 9, 2017, the department shall review the label and packaging of
1238 each previously approved malted beverage for compliance with the provisions of this part.
1239 (c) If, during the review described in Subsection (4)(b), the department determines that
1240 a previously approved malted beverage does not comply with the provisions of this part on or
1241 after May 9, 2017:
1242 (i) the department shall send written notice to the manufacturer that states:
1243 (A) that the manufacturer shall reapply for approval of the label and packaging of the
1244 malted beverage; and
1245 (B) the date by which the manufacturer shall submit an application to the department
1246 for approval; and
1247 (ii) the manufacturer shall reapply for approval of the label and packaging of the
1248 malted beverage in accordance with the written notice and the provisions of this part.
1249 (d) (i) A manufacturer may distribute or sell a previously approved malted beverage
1250 through December 31, 2017, in accordance with the manufacturer's most recent approval from
1251 the department.
1252 (ii) After December 31, 2017, a manufacturer that receives a written notice from the
1253 department under Subsection (4)(c) may not distribute or sell a previously approved malted
1254 beverage, unless the department approves the label and packaging of the malted beverage.
1255 (e) The department shall ensure that the department notifies and takes action on each
1256 timely application submitted under this Subsection (4) before January 1, 2018.
1257 Section 13. Section 32B-1-605 is amended to read:
1258 32B-1-605. General procedure for approval.
1259 (1) To obtain approval of the label and packaging of a malted beverage, the
1260 manufacturer of the malted beverage shall submit an application to the department for
1261 approval.
1262 (2) The application described in Subsection (1) shall be on a form approved by the
1263 department and include the following for each brand and label for which the manufacturer
1264 seeks approval:
1265 (a) (i) a copy of a federal certificate of label approval from the United States
1266 Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau[
1267
1268 (ii) if the Bureau does not require label approval, a copy of formula approval from the
1269 United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
1270 (b) a complete set of original labels for each size of container of the malted beverage;
1271 (c) a description of the size of the container on which a label will be placed;
1272 (d) a description of each type of container of the malted beverage; and
1273 (e) a description of any packaging for the malted beverage.
1274 (3) The department may assess a reasonable fee for reviewing a label and packaging for
1275 approval.
1276 (4) (a) The department shall notify a manufacturer within 30 days after the day on
1277 which the manufacturer submits an application whether the label and packaging is approved or
1278 denied.
1279 (b) If the department determines that an unusual circumstance requires additional time,
1280 the department may extend the time period described in Subsection (4)(a).
1281 (5) A manufacturer shall obtain the approval of the department of a revision of a
1282 previously approved label and packaging before a malted beverage using the revised label and
1283 packaging may be distributed or sold in this state.
1284 (6) (a) The department may revoke a label and packaging previously approved upon a
1285 finding that the label and packaging is not in compliance with this title or rules of the
1286 commission.
1287 (b) The department shall notify the person who applies for the approval of a label and
1288 packaging at least five business days before the day on which a label and packaging approval is
1289 considered revoked.
1290 (c) After receiving notice under Subsection (6)(b), a manufacturer may present written
1291 argument or evidence to the department on why the revocation should not occur.
1292 (7) A manufacturer that applies for approval of a label and packaging may appeal a
1293 denial or revocation of a label and packaging approval to the commission.
1294 Section 14. Section 32B-1-606 is amended to read:
1295 32B-1-606. Special procedure for certain malted beverages.
1296 [
1297
1298 (1) Notwithstanding Subsection 32B-1-604(3), a manufacturer of [
1299 malted beverage may not distribute or sell the [
1300 until the day on which the manufacturer receives approval of the labeling and packaging from
1301 the department in accordance with this section and Sections 32B-1-604 and 32B-1-605, if the
1302 malted beverage is labeled or packaged in a manner that is :
1303 [
1304 [
1305 (a) similar to a label or packaging used for a nonalcoholic beverage; or
1306 (b) likely to confuse or mislead a patron to believe the malted beverage is a
1307 nonalcoholic beverage.
1308 (2) The department may not approve the labeling and packaging of a [
1309 malted beverage described in Subsection (1) unless in addition to the requirements of Section
1310 32B-1-604 the labeling and packaging complies with the following:
1311 (a) the label on the [
1312 displayed label or a firmly affixed sticker that provides the following information:
1313 (i) the statement:
1314 (A) "alcoholic beverage"[
1315 (B) "beer," "flavored malt beverage," or "heavy beer," in accordance with the type of
1316 malted beverage as defined in this title; and
1317 (ii) the alcohol content of the [
1318 (b) the packaging of [
1319 [
1320 the packaging, the statement:
1321 (i) "alcoholic beverage"; or
1322 (ii) "contains alcohol"[
1323 (c) a statement required by Subsection (2)(a) or (b) [
1324 required by rule made by the commission[
1325 (d) a statement of alcohol content required by Subsection (2)(a)(ii):
1326 (i) [
1327 weight;
1328 (ii) [
1329 "alcohol," "volume," or "weight"; and
1330 (iii) [
1331 (3) The department may reject a label or packaging that appears designed to obscure
1332 the information required by Subsection (2).
1333 (4) To determine whether a [
1334 (1) and subject to this section, the department may consider in addition to other factors one or
1335 more of the following factors:
1336 (a) whether the coloring, carbonation, and packaging of the [
1337 beverage:
1338 (i) is similar to those of a nonalcoholic beverage or product; or
1339 (ii) can be confused with a nonalcoholic beverage;
1340 (b) whether the [
1341 distinctive from a traditional malted beverage;
1342 (c) whether the [
1343 (i) is prepackaged;
1344 (ii) contains high levels of caffeine and other additives; and
1345 (iii) is marketed as a beverage that is specifically designed to provide energy;
1346 (d) whether the [
1347 substitutes; or
1348 (e) whether the [
1349 flavor that masks the taste of a traditional malted beverage.
1350 Section 15. Section 32B-2-202 is amended to read:
1351 32B-2-202. Powers and duties of the commission.
1352 (1) The commission shall:
1353 (a) consistent with the policy established by the Legislature by statute, act as a general
1354 policymaking body on the subject of alcoholic product control;
1355 (b) adopt and issue policies, rules, and procedures;
1356 (c) set policy by written rules that establish criteria and procedures for:
1357 (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
1358 permit, or certificate of approval; and
1359 (ii) determining the location of a state store, package agency, or retail licensee;
1360 (d) decide within the limits, and under the conditions imposed by this title, the number
1361 and location of state stores, package agencies, and retail licensees in the state;
1362 (e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,
1363 permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing,
1364 consumption, manufacture, and distribution of an alcoholic product:
1365 (i) a package agency;
1366 (ii) a full-service restaurant license;
1367 (iii) a master full-service restaurant license;
1368 (iv) a limited-service restaurant license;
1369 (v) a master limited-service restaurant license;
1370 (vi) a [
1371 (vii) an airport lounge license;
1372 (viii) an on-premise banquet license;
1373 (ix) a resort license, under which at least four or more sublicenses may be included;
1374 (x) an on-premise beer retailer license;
1375 (xi) a reception center license;
1376 (xii) a beer-only restaurant license;
1377 (xiii) a hotel license, under which at least three or more sublicenses may be included;
1378 (xiv) subject to Subsection (4), a single event permit;
1379 (xv) subject to Subsection (4), a temporary beer event permit;
1380 (xvi) a special use permit;
1381 (xvii) a manufacturing license;
1382 (xviii) a liquor warehousing license;
1383 (xix) a beer wholesaling license; and
1384 (xx) one of the following that holds a certificate of approval:
1385 (A) an out-of-state brewer;
1386 (B) an out-of-state importer of beer, heavy beer, or flavored malt beverages; and
1387 (C) an out-of-state supplier of beer, heavy beer, or flavored malt beverages;
1388 (f) in accordance with Section 32B-5-205, issue, deny, suspend, or revoke conditional
1389 licenses for the purchase, storage, sale, furnishing, consumption, manufacture, and distribution
1390 of an alcoholic product;
1391 (g) prescribe the duties of the department in assisting the commission in issuing a
1392 package agency, license, permit, or certificate of approval under this title;
1393 (h) to the extent a fee is not specified in this title, establish a fee allowed under this title
1394 in accordance with Section 63J-1-504;
1395 (i) fix prices at which liquor is sold that are the same at all state stores, package
1396 agencies, and retail licensees;
1397 (j) issue and distribute price lists showing the price to be paid by a purchaser for each
1398 class, variety, or brand of liquor kept for sale by the department;
1399 (k) (i) require the director to follow sound management principles; and
1400 (ii) require periodic reporting from the director to ensure that:
1401 (A) sound management principles are being followed; and
1402 (B) policies established by the commission are being observed;
1403 (l) (i) receive, consider, and act in a timely manner upon the reports, recommendations,
1404 and matters submitted by the director to the commission; and
1405 (ii) do the things necessary to support the department in properly performing the
1406 department's duties;
1407 (m) obtain temporarily and for special purposes the services of an expert or person
1408 engaged in the practice of a profession, or a person who possesses a needed skill if:
1409 (i) considered expedient; and
1410 (ii) approved by the governor;
1411 (n) prescribe the conduct, management, and equipment of premises upon which an
1412 alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
1413 (o) make rules governing the credit terms of beer sales within the state to retail
1414 licensees; and
1415 (p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
1416 disciplinary action against a person subject to administrative action.
1417 (2) Consistent with the policy established by the Legislature by statute, the power of
1418 the commission to do the following is plenary, except as otherwise provided by this title, and
1419 not subject to review:
1420 (a) establish a state store;
1421 (b) issue authority to act as a package agent or operate a package agency; and
1422 (c) issue or deny a license, permit, or certificate of approval.
1423 (3) If the commission is authorized or required to make a rule under this title, the
1424 commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
1425 Rulemaking Act.
1426 (4) Notwithstanding Subsections (1)(e)(xiv) and (xv), the director or deputy director
1427 may issue an event permit in accordance with Chapter 9, Event Permit Act.
1428 Section 16. Section 32B-2-210 is amended to read:
1429 32B-2-210. Alcoholic Beverage Control Advisory Board.
1430 (1) There is created within the department an advisory board known as the "Alcoholic
1431 Beverage Control Advisory Board."
1432 (2) The advisory board shall consist of [
1433 nonvoting member as follows:
1434 (a) [
1435
1436 [
1437 [
1438 [
1439 [
1440 [
1441 [
1442 [
1443 [
1444 [
1445 [
1446 (i) one of whom represents the retail alcohol industry;
1447 (ii) one of whom represents the wholesale alcohol industry; and
1448 (iii) one of whom represents the alcohol manufacturing industry;
1449 (b) two voting members appointed by the commission, each of whom represents an
1450 organization that addresses alcohol or drug abuse prevention, alcohol or drug related
1451 enforcement, or alcohol or drug related education;
1452 (c) the director of the Division of Substance Abuse and Mental Health or the director's
1453 designee who serves as a voting member;
1454 [
1455 the chair's designee, who serves as a voting member; and
1456 [
1457 commission, who [
1458 (3) (a) Except as required by Subsection (3)(b), as terms of current voting members of
1459 the advisory board expire, the commission shall appoint each new member or reappointed
1460 member to a four-year term beginning July 1 and ending June 30.
1461 (b) Notwithstanding the requirements of Subsection (3)(a), the commission shall, at the
1462 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1463 voting advisory board members are staggered so that approximately half of the advisory board
1464 is appointed every two years.
1465 (c) No two members of the board may be employed by the same company or nonprofit
1466 organization.
1467 (4) (a) When a vacancy occurs in the membership for any reason, the commission shall
1468 appoint a replacement for the unexpired term.
1469 (b) The commission shall terminate the term of a voting advisory board member who
1470 ceases to be representative as designated by the member's original appointment.
1471 (5) The advisory board shall meet no more than quarterly as called by the chair for the
1472 purpose of advising the commission and the department, with discussion limited to
1473 administrative rules made under this title.
1474 (6) The chair of the commission or the chair's designee shall serve as the chair of the
1475 advisory board and call the necessary meetings.
1476 (7) (a) [
1477 (b) An action of the majority when a quorum is present is the action of the board.
1478 (8) The department shall provide staff support to the advisory board.
1479 (9) A member may not receive compensation or benefits for the member's service, but
1480 may receive per diem and travel expenses in accordance with:
1481 (a) Section 63A-3-106;
1482 (b) Section 63A-3-107; and
1483 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1484 63A-3-107.
1485 Section 17. Section 32B-2-304 is amended to read:
1486 32B-2-304. Liquor price -- School lunch program -- Remittance of markup.
1487 (1) For purposes of this section:
1488 (a) (i) "Landed case cost" means:
1489 (A) the cost of the product; and
1490 (B) inbound shipping costs incurred by the department.
1491 (ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
1492 of the department to a state store.
1493 (b) "Proof gallon" [
1494 U.S.C. Sec. 5002.
1495 (c) Notwithstanding Section 32B-1-102, "small brewer" means a brewer who
1496 manufactures in a calendar year less than 40,000 barrels of beer, heavy beer, and flavored malt
1497 beverage.
1498 (2) Except as provided in Subsection (3):
1499 (a) spirituous liquor sold by the department within the state shall be marked up in an
1500 amount not less than [
1501 (b) wine sold by the department within the state shall be marked up in an amount not
1502 less than [
1503 (c) heavy beer sold by the department within the state shall be marked up in an amount
1504 not less than [
1505 (d) a flavored malt beverage sold by the department within the state shall be marked up
1506 in an amount not less than [
1507 (3) (a) Liquor sold by the department to a military installation in Utah shall be marked
1508 up in an amount not less than [
1509 (b) Except for spirituous liquor sold by the department to a military installation in
1510 Utah, spirituous liquor that is sold by the department within the state shall be marked up [
1511 49% above the landed case cost to the department if:
1512 (i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
1513 proof gallons of spirituous liquor in a calendar year; and
1514 (ii) the manufacturer applies to the department for a reduced markup.
1515 (c) Except for wine sold by the department to a military installation in Utah, wine that
1516 is sold by the department within the state shall be marked up [
1517 cost to the department if:
1518 (i) the wine is manufactured by a manufacturer producing less than 20,000 gallons of
1519 wine in a calendar year; and
1520 (ii) the manufacturer applies to the department for a reduced markup.
1521 (d) Except for heavy beer sold by the department to a military installation in Utah,
1522 heavy beer that is sold by the department within the state shall be marked up [
1523 the landed case cost to the department if:
1524 (i) a small brewer manufactures the heavy beer; and
1525 (ii) the small brewer applies to the department for a reduced markup.
1526 (e) The department shall verify an amount described in Subsection (3)(b), (c), or (d)
1527 pursuant to a federal or other verifiable production report.
1528 (4) The department shall deposit 10% of the total gross revenue from sales of liquor
1529 with the state treasurer to be credited to the Uniform School Fund and used to support the
1530 school lunch program administered by the State Board of Education under Section
1531 53A-19-201.
1532 (5) This section does not prohibit the department from selling discontinued items at a
1533 discount.
1534 (6) (a) The department shall collect the markup and remit the markup collected by the
1535 department under this section:
1536 (i) to the State Tax Commission monthly on or before the last day of the month
1537 immediately following the last day of the previous month; and
1538 (ii) using a form prescribed by the State Tax Commission.
1539 (b) For liquor provided to a package agency on consignment, the department shall
1540 remit the markup to the State Tax Commission for the month during which the liquor is
1541 provided to the package agency regardless of when the package agency pays the department for
1542 the liquor provided to the package agency.
1543 (c) The State Tax Commission shall deposit revenues remitted to it under Subsection
1544 (6)(a) into the Markup Holding Fund created in Section 32B-2-301.
1545 (d) The assessment, collection, and refund of a markup under this section shall be in
1546 accordance with Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.
1547 (e) The department, if it fails to comply with this Subsection (6), is subject to penalties
1548 as provided in Section 59-1-401 and interest as provided in Section 59-1-402.
1549 (f) The State Tax Commission may make rules, in accordance with Title 63G, Chapter
1550 3, Utah Administrative Rulemaking Act, to establish procedures under this Subsection (6).
1551 Section 18. Section 32B-2-306 is amended to read:
1552 32B-2-306. Underage drinking prevention media and education campaign --
1553 School-based underage drinking prevention program .
1554 (1) As used in this section:
1555 (a) "Advisory council" means the Utah Substance Abuse Advisory Council created in
1556 Section 63M-7-301.
1557 (b) "Grade 10 school-based underage drinking prevention program" means a
1558 school-based underage drinking prevention program that also increases awareness of the
1559 dangers of driving under the influence of alcohol.
1560 (c) "LEA" means the same as that term is defined in Section 53A-1-401.
1561 [
1562 Education Campaign Restricted Account created in this section.
1563 (e) "School-based underage drinking prevention program" means an evidence-based
1564 program intended for students aged 13 and older that:
1565 (i) is aimed at preventing underage consumption of alcoholic product;
1566 (ii) is delivered by methods that engage students in storytelling and visualization;
1567 (iii) addresses the behavioral risk factors associated with underage drinking; and
1568 (iv) provides practical tools to address the dangers of underage drinking.
1569 (2) (a) There is created a restricted account within the General Fund known as the
1570 "Underage Drinking Prevention Media and Education Campaign Restricted Account."
1571 (b) The restricted account consists of:
1572 (i) deposits made under Subsection (3); and
1573 (ii) interest earned on the restricted account.
1574 (3) The department shall deposit 0.6% of the total gross revenue from sales of liquor
1575 with the state treasurer, as determined by the total gross revenue collected for the fiscal year
1576 two years preceding the fiscal year for which the deposit is made, to be credited to the
1577 restricted account and to be used by the department as provided in Subsection (5).
1578 (4) The advisory council shall:
1579 (a) provide ongoing oversight of a media and education campaign funded under this
1580 section;
1581 (b) create an underage drinking prevention workgroup consistent with guidelines
1582 proposed by the advisory council related to the membership and duties of the underage
1583 drinking prevention workgroup;
1584 (c) create guidelines for how money appropriated for a media and education campaign
1585 can be used;
1586 (d) include in the guidelines established pursuant to this Subsection (4) that a media
1587 and education campaign funded under this section is carefully researched and developed, and
1588 appropriate for target groups; and
1589 (e) approve plans submitted by the department in accordance with Subsection (5).
1590 (5) (a) Subject to appropriation from the Legislature, the department shall expend
1591 money from the restricted account to direct and fund one or more media and education
1592 campaigns designed to reduce underage drinking in cooperation with the advisory council.
1593 (b) The department shall:
1594 (i) in cooperation with the underage drinking prevention workgroup created under
1595 Subsection (4), prepare and submit a plan to the advisory council detailing the intended use of
1596 the money appropriated under this section;
1597 (ii) upon approval of the plan by the advisory council, conduct the media and education
1598 campaign in accordance with the guidelines made by the advisory council; and
1599 (iii) submit to the advisory council annually by no later than October 1, a written report
1600 detailing the use of the money for the media and education campaigns conducted under this
1601 Subsection (5) and the impact and results of the use of the money during the prior fiscal year
1602 ending June 30.
1603 (6) (a) The department shall develop or, in accordance with Title 63G, Chapter 6a,
1604 Utah Procurement Code, the department shall contract with, a person to provide a school-based
1605 underage drinking prevention program and a grade 10 school-based underage drinking
1606 prevention program.
1607 (b) Each year, the department or the contracted provider shall present:
1608 (i) the school-based underage drinking prevention program to students in grade eight at
1609 each LEA; and
1610 (ii) the grade 10 school-based underage drinking prevention program to students in
1611 grade 10 at each LEA.
1612 Section 19. Section 32B-3-102 is amended to read:
1613 32B-3-102. Definitions.
1614 As used in this chapter[
1615 (1) "Aggravating circumstances" means:
1616 (a) prior warnings about compliance problems;
1617 (b) a prior violation history;
1618 (c) a lack of written policies governing employee conduct;
1619 (d) multiple violations during the course of an investigation;
1620 (e) efforts to conceal a violation;
1621 (f) an intentional violation;
1622 (g) the violation involved more than one patron or employee; or
1623 (h) a violation that results in injury or death.
1624 (2) "Final adjudication" means an adjudication for which a final judgment or order is
1625 issued that:
1626 [
1627 [
1628 Section 20. Section 32B-3-202 is amended to read:
1629 32B-3-202. Timing of reporting violations.
1630 Except when the person subject to administrative action is staff:
1631 (1) A disciplinary proceeding may not be initiated or maintained by the commission or
1632 department on the basis, in whole or in part, of a violation of this title unless a person subject to
1633 administrative action against whom the violation is alleged is notified by the department of the
1634 violation in accordance with this section.
1635 (2) (a) A nondepartment enforcement agency or nondepartment enforcement officer
1636 may not report a violation of this title to the department more than eight business days after the
1637 day on which a nondepartment enforcement officer or agency [
1638 finds a violation of this title.
1639 (b) If the commission or department wants the right to initiate or maintain a
1640 disciplinary proceeding on the basis, in whole or in part, of a violation of this title alleged in a
1641 report described in Subsection (2)(a), the department shall notify a person subject to
1642 administrative action who is alleged by the report to have violated this title:
1643 (i) by no later than eight business days of the day on which the department receives the
1644 report described in Subsection (2)(a); and
1645 (ii) that the commission or department may initiate or maintain a disciplinary
1646 proceeding on the basis, in whole or in part, of the violation.
1647 (3) If the commission or department wants the right to initiate or maintain a
1648 disciplinary proceeding on the basis, in whole or in part, of a violation of this title alleged by a
1649 report of a department compliance officer, the department shall notify a person subject to
1650 administrative action who is alleged by the report to have violated this title:
1651 (a) by no later than eight business days of the day on which the department compliance
1652 officer completes an investigation that finds a violation of this title; and
1653 (b) that the commission or department may initiate or maintain a disciplinary
1654 proceeding on the basis, in whole or in part, of the violation.
1655 (4) (a) A notice required by this section may be done orally, if after the oral notification
1656 the department provides written notification.
1657 (b) The written notification described in Subsection (4)(a) may be sent outside the time
1658 periods required by this section.
1659 (5) The department shall maintain a record of a notification required by this section
1660 that includes:
1661 (a) the name of the person notified; and
1662 (b) the date of the notification.
1663 Section 21. Section 32B-3-205 is amended to read:
1664 32B-3-205. Penalties.
1665 (1) If the commission is satisfied that a person subject to administrative action violates
1666 this title or the commission's rules, in accordance with Title 63G, Chapter 4, Administrative
1667 Procedures Act, the commission may:
1668 (a) suspend or revoke the person's license, permit, or certificate of approval;
1669 (b) subject to Subsection (2), impose a fine against the person, including individual
1670 staff of a licensee, permittee, or certificate holder;
1671 (c) assess the administrative costs of a disciplinary proceeding to the person if the
1672 person is a licensee, permittee, or certificate holder; or
1673 (d) take a combination of actions described in this Subsection (1).
1674 (2) (a) A fine imposed may not exceed $25,000 in the aggregate for:
1675 (i) a single notice of agency action; or
1676 (ii) a single action against a package agency.
1677 (b) The commission shall by rule establish a schedule setting forth a range of fines for
1678 each violation.
1679 (c) When a presiding officer imposes a fine, the presiding officer shall consider any
1680 aggravating circumstances in deciding where within the applicable range to set the fine.
1681 (3) The commission shall transfer the costs assessed under this section into the General
1682 Fund in accordance with Section 32B-2-301.
1683 (4) (a) If a license or permit is suspended under this section, the licensee or permittee
1684 shall prominently display a sign provided by the department:
1685 (i) during the suspension; and
1686 (ii) at the entrance of the premises of the licensee or permittee.
1687 (b) The sign required by this Subsection (4) shall:
1688 (i) read "The Utah Alcoholic Beverage Control Commission has suspended the
1689 alcoholic product license or permit of this establishment. An alcoholic product may not be
1690 sold, offered for sale, furnished, or consumed on these premises during the period of
1691 suspension."; and
1692 (ii) include the dates of the suspension period.
1693 (c) A licensee or permittee may not remove, alter, obscure, or destroy a sign required to
1694 be displayed under this Subsection (4) during the suspension period.
1695 (5) (a) If a license or permit is revoked, the commission may order the revocation of a
1696 bond posted by the licensee or permittee under this title.
1697 (b) Notwithstanding Subsection (5)(a), the department may make a claim against a
1698 bond posted by a licensee or permittee for money owed the department under this title without
1699 the commission first revoking the license or permit.
1700 (6) A licensee or permittee whose license or permit is revoked may not reapply for a
1701 license or permit under this title for three years from the date on which the license or permit is
1702 revoked.
1703 (7) If a staff member of a licensee, permittee, or certificate holder is found to have
1704 violated this title, in addition to imposing another penalty authorized by this title, the
1705 commission may prohibit the staff member from handling, selling, furnishing, distributing,
1706 manufacturing, wholesaling, or warehousing an alcoholic product in the course of acting as
1707 staff with a licensee, permittee, or certificate holder under this title for a period determined by
1708 the commission.
1709 (8) (a) If the commission makes the finding described in Subsection (8)(b), in addition
1710 to other penalties prescribed by this title, the commission may order:
1711 (i) the removal of an alcoholic product of the manufacturer's, supplier's, or importer's
1712 from the department's sales list; and
1713 (ii) a suspension of the department's purchase of an alcoholic product described in
1714 Subsection (8)(a)(i) for a period determined by the commission.
1715 (b) The commission may take the action described in Subsection (8)(a) if:
1716 (i) a manufacturer, supplier, or importer of liquor or its staff or representative violates
1717 this title; and
1718 (ii) the manufacturer, supplier, or importer:
1719 (A) directly commits the violation; or
1720 (B) solicits, requests, commands, encourages, or intentionally aids another to engage in
1721 the violation.
1722 (9) If the commission makes a finding that the brewer holding a certificate of approval
1723 violates this title or rules of the commission, the commission may take an action against the
1724 brewer holding a certificate of approval that the commission could take against a licensee
1725 including:
1726 (a) suspension or revocation of the certificate of approval; and
1727 (b) imposition of a fine.
1728 (10) Notwithstanding the other provisions of this title, the commission may not order a
1729 disciplinary action or fine in accordance with this section if the disciplinary action or fine is
1730 ordered on the basis of a violation:
1731 (a) of a provision in this title related to intoxication or becoming intoxicated; and
1732 (b) if the violation is first investigated by a law enforcement officer, as defined in
1733 Section 53-13-103, who has not received training regarding the requirements of this title
1734 related to responsible alcoholic product sale or service.
1735 Section 22. Section 32B-4-410 is amended to read:
1736 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
1737 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
1738 premises of:
1739 (a) a tavern; or
1740 (b) a [
1741 (2) A minor who violates this section is guilty of a class C misdemeanor.
1742 (3) (a) If a minor is found by a court to have violated this section and the violation is
1743 the minor's first violation of this section, the court may:
1744 (i) order the minor to complete a screening as defined in Section 41-6a-501;
1745 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1746 screening indicates an assessment to be appropriate; and
1747 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
1748 or substance abuse treatment as indicated by an assessment.
1749 (b) If a minor is found by a court to have violated this section and the violation is the
1750 minor's second or subsequent violation of this section, the court shall:
1751 (i) order the minor to complete a screening as defined in Section 41-6a-501;
1752 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
1753 screening indicates an assessment to be appropriate; and
1754 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
1755 or substance abuse treatment as indicated by an assessment.
1756 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
1757 found by a court to have violated this section, except as provided in Section 32B-4-411, the
1758 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
1759 (b) Notwithstanding the provision in Subsection (4)(a), the court may reduce the
1760 suspension period required under Section 53-3-219 if:
1761 (i) the violation is the minor's first violation of this section; and
1762 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
1763 (B) the minor demonstrates substantial progress in substance abuse treatment.
1764 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
1765 requirements of Section 53-3-219, the court may reduce the suspension period required under
1766 Section 53-3-219 if:
1767 (i) the violation is the minor's second or subsequent violation of this section;
1768 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
1769 demonstrated substantial progress in substance abuse treatment; and
1770 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
1771 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
1772 consecutive period during the suspension period imposed under Subsection (4)(a); or
1773 (B) the person is under 18 years of age and has the person's parent or legal guardian
1774 provide an affidavit or sworn statement to the court certifying that to the parent or legal
1775 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
1776 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
1777 (5) When a minor who is at least 13 years old, but younger than 18 years old, is found
1778 by a court to have violated this section, Section 78A-6-606 applies to the violation.
1779 (6) When a court issues an order suspending a person's driving privileges for a
1780 violation of this section, the Driver License Division shall suspend the person's license under
1781 Section 53-3-219.
1782 (7) When the Department of Public Safety receives the arrest or conviction record of a
1783 person for a driving offense committed while the person's license is suspended pursuant to this
1784 section, the Department of Public Safety shall extend the suspension for an additional like
1785 period of time.
1786 Section 23. Section 32B-4-415 is amended to read:
1787 32B-4-415. Unlawful bringing onto premises for consumption.
1788 (1) Except as provided in Subsection (4), a person may not bring an alcoholic product
1789 for on-premise consumption onto the premises of:
1790 (a) a retail licensee or person required to be licensed under this title as a retail licensee;
1791 (b) an establishment that conducts a business similar to a retail licensee;
1792 (c) an event where an alcoholic product is sold, offered for sale, or furnished under a
1793 single event permit or temporary beer event permit issued under this title;
1794 (d) an establishment open to the general public; or
1795 (e) the capitol hill complex.
1796 (2) Except as provided in Subsection (4), the following may not allow a person to bring
1797 onto its premises an alcoholic product for on-premise consumption or allow consumption of an
1798 alcoholic product brought onto its premises in violation of this section:
1799 (a) a retail licensee or a person required to be licensed under this title as a retail
1800 licensee;
1801 (b) an establishment that conducts a business similar to a retail licensee;
1802 (c) a single event permittee or temporary beer event permittee;
1803 (d) an establishment open to the general public;
1804 (e) the State Capitol Preservation Board created in Section 63C-9-201; or
1805 (f) staff of a person listed in Subsections (2)(a) through (e).
1806 (3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume an
1807 alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a
1808 passenger at:
1809 (a) a location from which the passenger departs in a private vehicle; or
1810 (b) the capitol hill complex.
1811 (4) (a) A person may bring bottled wine onto the premises of the following and
1812 consume the wine pursuant to Section 32B-5-307:
1813 (i) a full-service restaurant licensee;
1814 (ii) a limited restaurant licensee;
1815 (iii) a [
1816 (iv) a person operating under a resort spa sublicense.
1817 (b) A passenger of a limousine may bring onto, possess, and consume an alcoholic
1818 product in the limousine if:
1819 (i) the travel of the limousine begins and ends at:
1820 (A) the residence of the passenger;
1821 (B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
1822 (C) the temporary domicile of the passenger;
1823 (ii) the driver of the limousine is separated from the passengers by partition or other
1824 means approved by the department; and
1825 (iii) the limousine is not located on the capitol hill complex.
1826 (c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholic
1827 product on the chartered bus:
1828 (i) (A) but may consume only during travel to a specified destination of the chartered
1829 bus and not during travel back to the place where the travel begins; or
1830 (B) if the travel of the chartered bus begins and ends at:
1831 (I) the residence of the passenger;
1832 (II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
1833 (III) the temporary domicile of the passenger;
1834 (ii) if the chartered bus has a nondrinking designee other than the driver traveling on
1835 the chartered bus to monitor consumption; and
1836 (iii) if the chartered bus is not located on the capitol hill complex.
1837 (5) A person may bring onto any premises, possess, and consume an alcoholic product
1838 at a private event.
1839 (6) Notwithstanding Subsection (5), private and public facilities may prohibit the
1840 possession or consumption of alcohol on their premises.
1841 (7) The restrictions of Subsections (2) and (3) apply to a resort licensee or hotel
1842 licensee or person operating under a sublicense in relationship to:
1843 (a) the boundary of a resort building or boundary of a hotel in an area that is open to
1844 the public; or
1845 (b) except as provided in Subsection (4), a sublicense premises.
1846 Section 24. Section 32B-4-501 is amended to read:
1847 32B-4-501. Operating without a license or permit.
1848 (1) A person may not operate the following businesses without first obtaining a license
1849 under this title if the business allows a person to purchase or consume an alcoholic product on
1850 the premises of the business:
1851 (a) a restaurant;
1852 (b) an airport lounge;
1853 (c) a business operated in the same manner as a [
1854 (d) a resort;
1855 (e) a business operated to sell, offer for sale, or furnish beer for on-premise
1856 consumption;
1857 (f) a business operated as an on-premise banquet licensee;
1858 (g) a hotel; or
1859 (h) a business similar to one listed in Subsections (1)(a) through (g).
1860 (2) A person conducting an event that is open to the general public may not directly or
1861 indirectly sell, offer for sale, or furnish an alcoholic product to a person attending the event
1862 without first obtaining an event permit under this title.
1863 (3) A person conducting a private event may not directly or indirectly sell or offer for
1864 sale an alcoholic product to a person attending the private event without first obtaining an
1865 event permit under this title.
1866 (4) A person may not operate the following businesses in this state without first
1867 obtaining a license under this title:
1868 (a) a winery manufacturer;
1869 (b) a distillery manufacturer;
1870 (c) a brewery manufacturer;
1871 (d) a local industry representative of:
1872 (i) a manufacturer of an alcoholic product;
1873 (ii) a supplier of an alcoholic product; or
1874 (iii) an importer of an alcoholic product;
1875 (e) a liquor warehouser; or
1876 (f) a beer wholesaler.
1877 (5) A person may not operate a public conveyance in this state without first obtaining a
1878 public service permit under this title if that public conveyance allows a person to purchase or
1879 consume an alcoholic product:
1880 (a) on the public conveyance; or
1881 (b) on the premises of a hospitality room located within a depot, terminal, or similar
1882 facility at which a service is provided to a patron of the public conveyance.
1883 Section 25. Section 32B-5-201 is amended to read:
1884 32B-5-201. Application requirements for retail license.
1885 (1) (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of
1886 an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a
1887 retail license issued by the commission, notwithstanding whether the person holds a local
1888 license or a permit issued by a local authority.
1889 (b) Violation of this Subsection (1) is a class B misdemeanor.
1890 (2) To obtain a retail license under this title, a person shall submit to the department:
1891 (a) a written application in a form prescribed by the department;
1892 (b) a nonrefundable application fee in the amount specified in the relevant part under
1893 Chapter 6, Specific Retail License Act, for the type of retail license for which the person is
1894 applying;
1895 (c) an initial license fee:
1896 (i) in the amount specified in the relevant part under Chapter 6, Specific Retail License
1897 Act, for the type of retail license for which the person is applying; and
1898 (ii) that is refundable if a retail license is not issued;
1899 (d) written consent of the local authority;
1900 (e) a copy of the person's current business license;
1901 (f) evidence of proximity to any community location, with proximity requirements
1902 being governed by Section 32B-1-202;
1903 (g) a bond as specified by Section 32B-5-204;
1904 (h) a floor plan, and boundary map where applicable, of the premises of the retail
1905 license, including any:
1906 (i) consumption area; and
1907 (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic
1908 beverage;
1909 (i) evidence that the retail licensee is carrying public liability insurance in an amount
1910 and form satisfactory to the department;
1911 (j) evidence that the retail licensee is carrying dramshop insurance coverage of at least
1912 $1,000,000 per occurrence and $2,000,000 in the aggregate;
1913 (k) a signed consent form stating that the retail licensee will permit any authorized
1914 representative of the commission, department, or any law enforcement officer to have
1915 unrestricted right to enter the premises of the retail licensee;
1916 (l) if the person is an entity, proper verification evidencing that a person who signs the
1917 application is authorized to sign on behalf of the entity; [
1918 (m) a responsible alcohol service plan; and
1919 [
1920 (3) The commission may not issue a retail license to a person who:
1921 (a) is disqualified under Section 32B-1-304; or
1922 (b) is not lawfully present in the United States.
1923 (4) Unless otherwise provided in the relevant part under Chapter 6, Specific Retail
1924 License Act, the commission may not issue a retail license to a person if the licensed premises
1925 does not meet the proximity requirements of Section 32B-1-202.
1926 Section 26. Section 32B-5-202 is amended to read:
1927 32B-5-202. Renewal requirements.
1928 (1) A retail license expires each year on the day specified in the relevant part under
1929 Chapter 6, Specific Retail License Act, for that type of retail license.
1930 (2) To renew a person's retail license, a retail licensee shall, by no later than the day
1931 specified in the relevant part under Chapter 6, Specific Retail License Act, for the type of retail
1932 license that is being renewed, submit:
1933 (a) a completed renewal application that includes a responsible alcohol service plan to
1934 the department in a form prescribed by the department; and
1935 (b) a renewal fee in the amount specified in the relevant part under Chapter 6, Specific
1936 Retail License Act, for the type of retail license that is being renewed.
1937 (3) Failure to meet the renewal requirements results in an automatic forfeiture of the
1938 retail license effective on the date the existing retail license expires.
1939 Section 27. Section 32B-5-207 is enacted to read:
1940 32B-5-207. Multiple retail licenses on same premises.
1941 (1) (a) (i) The commission may not issue and one or more licensees may not hold more
1942 than one type of retail license for the same room.
1943 (ii) The commission may define "room" by rule made in accordance with Title 63G,
1944 Chapter 3, Utah Administrative Rulemaking Act.
1945 (b) Notwithstanding Subsection (1)(a), the commission may issue and one or more
1946 licensees may hold more than one type of retail license for the same room if:
1947 (i) the applicant or licensee satisfies the requirements for each retail license;
1948 (ii) the types of retail licenses issued or held are:
1949 (A) a restaurant license; and
1950 (B) an on-premise banquet license or a reception center license; and
1951 (iii) the retail licenses do not operate at the same time on the same day.
1952 (2) When one or more licensees hold more than one type of retail license for the same
1953 room under Subsection (1)(b), the one or more licensees shall post in a conspicuous location at
1954 the entrance of the room a sign that:
1955 (a) measures 8-1/2 inches by 11 inches; and
1956 (b) states whether the premises is currently operating as:
1957 (i) a restaurant; or
1958 (ii) a banquet or a reception center.
1959 (3) (a) If, on May 9, 2017, one or more licensees hold more than one type of retail
1960 license for the same room in violation of Subsection (1), the one or more licensees may operate
1961 under the different types of retail licenses through June 30, 2018.
1962 (b) A licensee may not operate in violation of Subsection (1) on or after July 1, 2018.
1963 (c) Before July 1, 2018, each licensee described in Subsection (3)(a) shall notify the
1964 commission of each retail license that the licensee will surrender effective July 1, 2018, to
1965 comply with the provisions of Subsection (1).
1966 (d) The commission shall establish by rule, made in accordance with Title 63G,
1967 Chapter 3, Utah Administrative Rulemaking Act, a procedure by which a licensee surrenders a
1968 retail license under this Subsection (3).
1969 Section 28. Section 32B-5-307 is amended to read:
1970 32B-5-307. Bringing alcoholic product onto or removing alcoholic product from
1971 premises.
1972 (1) Except as provided in Subsection (3):
1973 (a) A person may not bring onto the licensed premises of a retail licensee an alcoholic
1974 product for on-premise consumption.
1975 (b) A retail licensee may not allow a person to:
1976 (i) bring onto licensed premises an alcoholic product for on-premise consumption; or
1977 (ii) consume an alcoholic product brought onto the licensed premises by a person other
1978 than the retail licensee.
1979 (c) A retail licensee may not sell, offer for sale, or furnish an alcoholic product through
1980 a window or door to a location off the licensed premises or to a vehicular traffic area.
1981 (2) Except as provided in Subsection (3):
1982 (a) A person may not carry from a licensed premises of a retail licensee an open
1983 container that:
1984 (i) is used primarily for drinking purposes; and
1985 (ii) contains an alcoholic product.
1986 (b) A retail licensee may not permit a patron to carry from the licensed premises an
1987 open container described in Subsection (2)(a).
1988 (c) Except as provided in Subsection (3)(d) or Subsection 32B-4-415(5):
1989 (i) a person may not carry from a licensed premises of a retail licensee a sealed
1990 container of [
1991 (ii) a retail licensee may not permit a patron to carry from the licensed premises a
1992 sealed container of [
1993 licensee.
1994 (3) (a) A patron may bring a bottled wine onto the premises of a retail licensee for
1995 on-premise consumption if:
1996 (i) permitted by the retail licensee; and
1997 (ii) the retail licensee is authorized to sell, offer for sale, or furnish wine.
1998 (b) If a patron carries bottled wine onto the licensed premises of a retail licensee, the
1999 patron shall deliver the bottled wine to a server or other representative of the retail licensee
2000 upon entering the licensed premises.
2001 (c) A retail licensee authorized to sell, offer for sale, or furnish wine, may provide a
2002 wine service for a bottled wine carried onto the licensed premises in accordance with this
2003 Subsection (3) or a bottled wine purchased at the licensed premises.
2004 (d) A patron may remove from a licensed premises the unconsumed contents of a bottle
2005 of wine purchased [
2006 accordance with this Subsection (3), only if before removal the bottle is recorked or recapped.
2007 Section 29. Section 32B-5-402 is amended to read:
2008 32B-5-402. Definitions.
2009 [
2010 As used in this part:
2011 (1) "Off-premise retail manager" means an individual who:
2012 (a) manages operations at a premises that is licensed under Chapter 7, Off-Premise
2013 Beer Retailer Act; or
2014 (b) supervises the sale of beer at a premises that is licensed under Chapter 7,
2015 Off-Premise Beer Retailer Act.
2016 (2) (a) "Off-premise retail staff" means an individual who sells beer at a premises that
2017 is licensed under Chapter 7, Off-Premise Beer Retailer Act.
2018 (b) "Off-premise retail staff" does not include an off-premise retail manager.
2019 (3) "Retail manager" means an individual who:
2020 (a) manages operations at a premises that is licensed under this chapter; or
2021 (b) supervises the furnishing of an alcoholic product at a premises that is licensed
2022 under this chapter.
2023 (4) "Retail owner" means:
2024 (a) for an individual or sole proprietorship that is licensed under this chapter, the
2025 individual or sole proprietor; or
2026 (b) for a partnership, corporation, or limited liability company that is licensed under
2027 this chapter, an appointed representative who is:
2028 (i) a partner;
2029 (ii) a managing agent;
2030 (iii) a manager;
2031 (iv) an officer;
2032 (v) a director;
2033 (vi) a stockholder who holds at least 20% of the total issued and outstanding stocks of
2034 the corporation; or
2035 (vii) a member who owns at least a 20% interest in the limited liability company.
2036 (5) (a) "Retail staff" means an individual who serves an alcoholic product at a premises
2037 licensed under this chapter.
2038 (b) "Retail staff" does not include a retail manager or retail owner.
2039 Section 30. Section 32B-5-403 is amended to read:
2040 32B-5-403. Alcohol training and education -- Revocation, suspension, or
2041 nonrenewal of retail license.
2042 (1) The commission may suspend, revoke, or not renew a license of a retail licensee if
2043 any of the following individuals[
2044 alcohol training and education seminar:
2045 [
2046
2047 [
2048
2049 [
2050
2051 (a) a retail manager; or
2052 (b) retail staff.
2053 (2) A city, town, metro township, or county in which a retail licensee conducts [
2054 business may suspend, revoke, or not renew the business license of the retail licensee if [
2055
2056 alcohol training and education seminar.
2057 (3) A local authority that issues an off-premise beer retailer license to a business that is
2058 engaged in the retail sale of beer for consumption off the beer retailer's premises may
2059 immediately suspend the off-premise beer retailer license if any of the following individuals
2060 fails to complete an alcohol training and education seminar[
2061 [
2062
2063 [
2064
2065 (a) an off-premise retail manager; or
2066 (b) off-premise retail staff.
2067 Section 31. Section 32B-5-404 is amended to read:
2068 32B-5-404. Alcohol training and education for off-premise consumption.
2069 (1) (a) A local authority that issues an off-premise beer retailer license to a business to
2070 sell beer at retail for off-premise consumption shall require the following to have a valid record
2071 that the individual completed an alcohol training and education seminar in the time periods
2072 required by Subsection (1)(b)[
2073 [
2074
2075 [
2076
2077 (i) an off-premise retail manager; or
2078 (ii) off-premise retail staff.
2079 (b) If an individual on the date the individual becomes staff to an off-premise beer
2080 retailer does not have a valid record that the individual has completed an alcohol training and
2081 education seminar for purposes of this part, the individual shall complete an alcohol training
2082 and education seminar within 30 days of the day on which the individual becomes staff of an
2083 off-premise beer retailer.
2084 (c) Section 62A-15-401 governs the validity of a record that an individual has
2085 completed an alcohol training and education seminar required by this part.
2086 (2) In accordance with Section 32B-5-403, a local authority may immediately suspend
2087 the license of an off-premise beer retailer that allows [
2088
2089 having a valid record that the individual completed an alcohol training and education seminar
2090 in accordance with Subsection (1).
2091 Section 32. Section 32B-5-405 is enacted to read:
2092 32B-5-405. Department training programs.
2093 (1) No later than January 1, 2018, the department shall develop the following training
2094 programs that are provided either in-person or online:
2095 (a) a training program for retail managers and retail owners that addresses:
2096 (i) the statutes and rules that govern alcohol sales and consumption in the state;
2097 (ii) the requirements for operating as a retail licensee;
2098 (iii) using compliance assistance from the department; and
2099 (iv) any other topic the department determines beneficial to a retail manager or retail
2100 owner;
2101 (b) a training program for off-premise retail managers that addresses:
2102 (i) the statutes and rules that govern sales at an off-premise beer retailer;
2103 (ii) the requirements for operating as an off-premise beer retailer;
2104 (iii) using compliance assistance from the department; and
2105 (iv) any other topic the department determines beneficial to an off-premise retail
2106 manager; and
2107 (c) a training program for an individual employed by a retail licensee or an off-premise
2108 beer retailer who violates a provision of this title related to the sale, service, or furnishing of an
2109 alcoholic beverage to an intoxicated individual or a minor, that addresses:
2110 (i) the statutes and rules that govern the most common types of violations under this
2111 title;
2112 (ii) how to avoid common violations; and
2113 (iii) any other topic the department determines beneficial to the training program.
2114 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2115 the provisions of this section, the department shall make rules to develop and implement the
2116 training programs described in this section, including rules that establish:
2117 (a) the requirements for each training program described in this section;
2118 (b) measures that accurately identify each individual who takes and completes a
2119 training program;
2120 (c) measures that ensure an individual taking a training program is focused and actively
2121 engaged in the training material throughout the training program;
2122 (d) a record that certifies that an individual has completed a training program; and
2123 (e) a fee for participation in a training program to cover the department's cost of
2124 providing the training program.
2125 (3) (a) Except as provided in Subsection (4), each retail manager and each retail owner
2126 shall:
2127 (i) complete the training program described in Subsection (1)(a) within 30 days after
2128 the day on which:
2129 (A) the retail manager is hired; or
2130 (B) the retail owner's business obtains a retail license under this chapter; and
2131 (ii) retake the training program described in Subsection (1)(a) once every three years.
2132 (b) Except as provided in Subsection (4), each off-premise retail manager shall:
2133 (i) complete the training program described in Subsection (1)(b) within 30 days after
2134 the day on which the off-premise retail manager is hired; and
2135 (ii) retake the training program described in Subsection (1)(b) once every three years.
2136 (c) (i) If the commission finds that an individual employed by a retail licensee violated
2137 a provision of this title related to the sale, service, or furnishing of an alcoholic beverage to an
2138 intoxicated individual or a minor for a second time while employed by the same retail licensee,
2139 the violator, all retail staff, and each retail manager shall complete the training program
2140 described in Subsection (1)(c).
2141 (ii) If the commission finds that an individual employed by an off-premise beer retailer
2142 violated a provision of this title related to the sale, service, or furnishing of an alcoholic
2143 beverage to an intoxicated individual or a minor for a second time while employed by the same
2144 off-premise beer retailer, the violator and each off-premise retail manager shall complete the
2145 training program described in Subsection (1)(c).
2146 (4) For a person who holds a retail license or an off-premise beer retailer license on
2147 May 9, 2017:
2148 (a) each retail manager and each retail owner shall complete the training program
2149 described in Subsection (1)(a) for the first time before the day on which the licensee renews the
2150 licensee's license; and
2151 (b) each off-premise retail manager shall complete the training described in Subsection
2152 (1)(b) for the first time before the day on which the licensee renews the licensee's license.
2153 (5) If an individual fails to complete a required training program under this section:
2154 (a) the commission may suspend, revoke, or not renew the retail license or off-premise
2155 beer retailer state license;
2156 (b) a city, town, metro township, or county in which the retail licensee or off-premise
2157 beer retailer is located may suspend, revoke, or not renew the retail licensee's or off-premise
2158 beer retailer's business license; or
2159 (c) a local authority may suspend, revoke, or not renew the off-premise beer retailer's
2160 license.
2161 Section 33. Section 32B-5-406 is enacted to read:
2162 32B-5-406. Tracking certain enforcement actions.
2163 (1) For each violation of a provision of this title involving the sale of an alcoholic
2164 product to a minor that staff of a retail licensee commits, the commission shall:
2165 (a) maintain a record of the violation until the record is expunged in accordance with
2166 Subsection (3);
2167 (b) include in the record described in Subsection (1)(a):
2168 (i) the name of the individual who committed the violation;
2169 (ii) the name of the retail licensee; and
2170 (iii) the date of the adjudication of the violation; and
2171 (c) provide the information described in Subsection (1)(b) to the Department of Public
2172 Safety within 30 days after the day on which the violation is adjudicated.
2173 (2) (a) The Department of Public Safety shall development and operate a system to
2174 collect, analyze, maintain, track, and disseminate the information that the Department of Public
2175 Safety receives in accordance with Subsection (1).
2176 (b) The Department of Public Safety shall make the system described in Subsection
2177 (2)(a) available to:
2178 (i) assist the commission in assessing penalties under this title; and
2179 (ii) inform a retail licensee of an individual who has a violation history in the system.
2180 (3) The commission and the Department of Public Safety shall expunge each record in
2181 the system described in Subsection (2) that relates to an individual if the individual does not
2182 violate a provision of this title related to the sale of an alcoholic product to a minor for a period
2183 of 36 consecutive months from the day on which the individual was last found to have violated
2184 a provision of this title related to the sale of an alcoholic product to a minor.
2185 Section 34. Section 32B-6-202 is amended to read:
2186 32B-6-202. Definitions.
2187 As used in this part:
2188 (1) (a) "Dining area" means an area in the licensed premises of a full-service restaurant
2189 licensee that is primarily used for the service and consumption of food by one or more patrons.
2190 (b) "Dining area" does not include a dispensing area.
2191 (2) "Dispensing area" means an area in the licensed premises of a full-service
2192 restaurant licensee where a dispensing structure is located and that:
2193 (a) is physically separated from the dining area and any waiting area by a structure or
2194 other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
2195 dispensing of alcoholic product; or
2196 (b) measures at least 10 feet from any area where alcoholic product is dispensed to the
2197 dining area and any waiting area, measured from the point of the area where alcoholic product
2198 is dispensed that is closest to the dining area or waiting area.
2199 [
2200 of a full-service restaurant licensee that:
2201 (i) as of May 11, 2009, has:
2202 (A) patron seating at the bar structure;
2203 (B) a partition at one or more locations on the bar structure that is along:
2204 (I) the width of the bar structure; or
2205 (II) the length of the bar structure; and
2206 (C) facilities for the dispensing or storage of an alcoholic product:
2207 (I) on the portion of the bar structure that is separated by the partition described in
2208 Subsection [
2209 (II) if the partition as described in Subsection [
2210 structure in a manner visible to a patron sitting at the bar structure;
2211 (ii) is not operational as of May 12, 2009, if:
2212 (A) a person applying for a full-service restaurant license:
2213 (I) has as of May 12, 2009, a building permit to construct the restaurant;
2214 (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
2215 defined by rule made by the commission; and
2216 (III) is issued the full-service restaurant license by no later than December 31, 2009;
2217 and
2218 (B) once constructed, the licensed premises has a bar structure described in Subsection
2219 [
2220 (iii) as of May 12, 2009, has no patron seating at the bar structure; or
2221 (iv) is not operational as of May 12, 2009, if:
2222 (A) a person applying for a full-service restaurant license:
2223 (I) has as of May 12, 2009, a building permit to construct the restaurant;
2224 (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
2225 defined by rule made by the commission; and
2226 (III) is issued a full-service restaurant license by no later than December 31, 2009; and
2227 (B) once constructed, the licensed premises has a bar structure with no patron seating.
2228 (b) "Grandfathered bar structure" does not include a grandfathered bar structure
2229 described in Subsection [
2230 grandfathered bar structure, as defined by rule made by the commission.
2231 (c) Subject to Subsection [
2232 grandfathered bar structure notwithstanding whether a restaurant undergoes a change of
2233 ownership.
2234 [
2235 (a) a grandfathered bar structure described in Subsection [
2236 (b) a bar structure grandfathered under Section 32B-6-409.
2237 (5) "Waiting area" includes a lobby.
2238 Section 35. Section 32B-6-204 is amended to read:
2239 32B-6-204. Specific licensing requirements for full-service restaurant license.
2240 (1) To obtain a full-service restaurant license a person shall comply with Chapter 5,
2241 Part 2, Retail Licensing Process.
2242 (2) (a) A full-service restaurant license expires on October 31 of each year.
2243 (b) To renew a person's full-service restaurant license, a person shall comply with the
2244 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
2245 September 30.
2246 (3) (a) The nonrefundable application fee for a full-service restaurant license is $330.
2247 (b) The initial license fee for a full-service restaurant license is $2,200.
2248 (c) The renewal fee for a full-service restaurant license is [
2249 $1,650.
| 2250 | [ | Renewal Fee | |
| 2251 | under $5,000 | $935 | |
| 2252 | equals or exceeds $5,000 but less than $10,000 | $1,155 | |
| 2253 | equals or exceeds $10,000 but less than $25,000 | $1,650 | |
| 2254 | equals or exceeds $25,000 | $1,925] | |
2256 $10,000.
2257 Section 36. Section 32B-6-205 is amended to read:
2258 32B-6-205. Specific operational requirements for a full-service restaurant license
2259 -- Before July 1, 2018.
2260 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2261 Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
2262 shall comply with this section.
2263 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2264 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2265 (i) a full-service restaurant licensee;
2266 (ii) individual staff of a full-service restaurant licensee; or
2267 (iii) both a full-service restaurant licensee and staff of the full-service restaurant
2268 licensee.
2269 (2) In addition to complying with Subsection 32B-5-301(3), a full-service restaurant
2270 licensee shall display in a prominent place in the restaurant a list of the types and brand names
2271 of liquor being furnished through the full-service restaurant licensee's calibrated metered
2272 dispensing system.
2273 (3) In addition to complying with Section 32B-5-303, a full-service restaurant licensee
2274 shall store an alcoholic product in a storage area described in Subsection (12)(a).
2275 (4) (a) An individual who serves an alcoholic product in a full-service restaurant
2276 licensee's premises shall make a written beverage tab for each table or group that orders or
2277 consumes an alcoholic product on the premises.
2278 (b) A beverage tab required by this Subsection (4) shall list the type and amount of an
2279 alcoholic product ordered or consumed.
2280 (5) A person's willingness to serve an alcoholic product may not be made a condition
2281 of employment as a server with a full-service restaurant licensee.
2282 (6) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish liquor at
2283 the licensed premises on any day during the period that:
2284 (i) begins at midnight; and
2285 (ii) ends at 11:29 a.m.
2286 (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer during the
2287 hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
2288 except that a full-service restaurant licensee may not sell, offer for sale, or furnish beer before
2289 11:30 a.m. on any day.
2290 (7) A full-service restaurant licensee shall maintain at least 70% of its total restaurant
2291 business from the sale of food, which does not include:
2292 (a) mix for an alcoholic product; or
2293 (b) a service charge.
2294 (8) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
2295 alcoholic product except after the full-service restaurant licensee confirms that the patron has
2296 the intent to order food prepared, sold, and furnished at the licensed premises.
2297 (b) A full-service restaurant licensee shall maintain on the licensed premises adequate
2298 culinary facilities for food preparation and dining accommodations.
2299 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
2300 more than two alcoholic products of any kind at a time before the patron.
2301 (b) A patron may not have more than one spirituous liquor drink at a time before the
2302 patron.
2303 (c) An individual portion of wine is considered to be one alcoholic product under
2304 Subsection (9)(a).
2305 (10) A patron may consume an alcoholic product only :
2306 (a) at:
2307 (i) the patron's table;
2308 (ii) a counter; or
2309 (iii) a seating grandfathered bar structure ; and
2310 (b) where food is served.
2311 (11) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
2312 alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
2313 structure that is not a seating grandfathered bar structure.
2314 (b) At a seating grandfathered bar structure a patron who is 21 years of age or older
2315 may:
2316 (i) sit;
2317 (ii) be furnished an alcoholic product; and
2318 (iii) consume an alcoholic product.
2319 (c) Except as provided in Subsection (11)(d), at a seating grandfathered bar structure a
2320 full-service restaurant licensee may not permit a minor to, and a minor may not:
2321 (i) sit; or
2322 (ii) consume food or beverages.
2323 (d) (i) A minor may be at a seating grandfathered bar structure if the minor is
2324 employed by a full-service restaurant licensee:
2325 (A) as provided in Subsection 32B-5-308(2); or
2326 (B) to perform maintenance and cleaning services during an hour when the full-service
2327 restaurant licensee is not open for business.
2328 (ii) A minor may momentarily pass by a seating grandfathered bar structure without
2329 remaining or sitting at the bar structure en route to an area of a full-service restaurant licensee's
2330 premises in which the minor is permitted to be.
2331 (12) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
2332 may dispense an alcoholic product only if:
2333 (a) the alcoholic product is dispensed from:
2334 (i) a grandfathered bar structure;
2335 (ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
2336 the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
2337 12, 2009; or
2338 (iii) an area that is:
2339 (A) separated from an area for the consumption of food by a patron by a solid,
2340 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
2341 an alcoholic product are:
2342 (I) not readily visible to a patron; and
2343 (II) not accessible by a patron; and
2344 (B) apart from an area used:
2345 (I) for dining;
2346 (II) for staging; or
2347 (III) as a lobby or waiting area;
2348 (b) the full-service restaurant licensee uses an alcoholic product that is:
2349 (i) stored in an area described in Subsection (12)(a); or
2350 (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
2351 (A) immediately before the alcoholic product is dispensed it is in an unopened
2352 container; (B) the unopened container is taken to an area described in Subsection (12)(a) before
2353 it is opened; and (C) once opened, the container is stored in an area described in Subsection
2354 (12)(a); and
2355 (c) any instrument or equipment used to dispense alcoholic product is located in an
2356 area described in Subsection (12)(a).
2357 (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
2358 charge or fee made in connection with the sale, service, or consumption of liquor including:
2359 (a) a set-up charge;
2360 (b) a service charge; or
2361 (c) a chilling fee.
2362 (14) Subject to Subsection 32B-6-205.2(17) and Section 32B-6-205.3, the provisions
2363 of this section apply before July 1, 2018.
2364 Section 37. Section 32B-6-205.2 is enacted to read:
2365 32B-6-205.2. Specific operational requirements for a full-service restaurant
2366 license -- On and after July 1, 2018.
2367 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2368 Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
2369 shall comply with this section.
2370 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
2371 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2372 (i) a full-service restaurant licensee;
2373 (ii) individual staff of a full-service restaurant licensee; or
2374 (iii) both a full-service restaurant licensee and staff of the full-service restaurant
2375 licensee.
2376 (2) In addition to complying with Subsection 32B-5-301(3), a full-service restaurant
2377 licensee shall display in a conspicuous place at the entrance to the licensed premises a sign
2378 approved by the commission that:
2379 (a) measures at least 8-1/2 inches long and 11 inches wide; and
2380 (b) clearly states that the full-service restaurant licensee is a restaurant and not a bar.
2381 (3) In addition to complying with Section 32B-5-303, a full-service restaurant licensee
2382 shall store an alcoholic product in a storage area described in Subsection (13)(a).
2383 (4) (a) An individual who serves an alcoholic product in a full-service restaurant
2384 licensee's premises shall make a beverage tab for each table or group that orders or consumes
2385 an alcoholic product on the premises.
2386 (b) A beverage tab described in this Subsection (4) shall state:
2387 (i) the type and amount of each alcoholic product ordered or consumed; and
2388 (ii) the time that each alcoholic product is dispensed.
2389 (5) An individual's willingness to serve an alcoholic product may not be made a
2390 condition of employment with a full-service restaurant licensee.
2391 (6) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
2392 licensed premises during the following time periods only:
2393 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
2394 (ii) on a weekend or a state or federal legal holiday, during the period that begins at
2395 10:30 a.m. and ends at 11:59 p.m.
2396 (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
2397 licensed premises during the following time periods only:
2398 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
2399 (ii) on a weekend or a state or federal legal holiday, during the period that begins at
2400 10:30 a.m. and ends at 12:59 a.m.
2401 (7) A full-service restaurant licensee shall maintain at least 70% of the full-service
2402 restaurant licensee's total restaurant business from the sale of food, which does not include:
2403 (a) mix for an alcoholic product; or
2404 (b) a service charge.
2405 (8) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
2406 alcoholic product except after:
2407 (i) the patron to whom the full-service restaurant licensee sells, offers for sale, or
2408 furnishes the alcoholic product is seated at:
2409 (A) a table that is located in a dining area or a dispensing area;
2410 (B) a counter that is located in a dining area or a dispensing area; or
2411 (C) a dispensing structure located in a dispensing area; and
2412 (ii) the full-service restaurant licensee confirms that the patron has the intent to:
2413 (A) order food prepared, sold, and furnished at the licensed premises; and
2414 (B) consume the food at the same location where the patron is seated and sold, offered
2415 for sale, or furnished the alcoholic product.
2416 (b) A full-service restaurant licensee shall maintain on the licensed premises adequate
2417 culinary facilities for food preparation and dining accommodations.
2418 (9) A patron may consume an alcoholic product only if the patron is seated at:
2419 (a) a table that is located in a dining area or dispensing area;
2420 (b) a counter that is located in a dining area or dispensing area; or
2421 (c) a dispensing structure located in a dispensing area.
2422 (10) (a) Subject to the other provisions of this Subsection (10), a patron may not have
2423 more than two alcoholic products of any kind at a time before the patron.
2424 (b) A patron may not have more than one spirituous liquor drink at a time before the
2425 patron.
2426 (c) An individual portion of wine is considered to be one alcoholic product under
2427 Subsection (10)(a).
2428 (11) In accordance with the provisions of this section, an individual who is at least 21
2429 years of age may consume food and beverages in a dispensing area.
2430 (12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
2431 consume food or beverages in a dispensing area.
2432 (b) (i) A minor may be in a dispensing area if the minor is employed by the full-service
2433 restaurant licensee:
2434 (A) in accordance with Subsection 32B-5-308(2); or
2435 (B) to perform maintenance and cleaning services when the full-service restaurant
2436 licensee is not open for business.
2437 (ii) If there is no alternative route available, a minor may momentarily pass through a
2438 dispensing area without remaining or sitting in the dispensing area en route to an area of
2439 full-service restaurant licensee's premises in which the minor is permitted to be.
2440 (13) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
2441 may dispense an alcoholic product only if:
2442 (a) the alcoholic product is dispensed from:
2443 (i) a dispensing structure that is located in a dispensing area; or
2444 (ii) an area that is:
2445 (A) separated from an area for the consumption of food by a patron by a solid,
2446 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
2447 an alcoholic product are not readily visible to a patron and not accessible by a patron; and
2448 (B) apart from an area used for dining, for staging, or as a lobby or waiting area;
2449 (b) the full-service restaurant licensee uses an alcoholic product that is stored in an area
2450 described in Subsection (13)(a) or in accordance with Section 32B-5-303; and
2451 (c) any instrument or equipment used to dispense alcoholic product is located in an
2452 area described in Subsection (13)(a).
2453 (14) A full-service restaurant licensee may not:
2454 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
2455 (b) display an alcoholic product or a product intended to appear like an alcoholic
2456 product by moving a cart or similar device around the licensed premises.
2457 (15) A full-service restaurant licensee may state in a food or alcoholic product menu a
2458 charge or fee made in connection with the sale, service, or consumption of liquor, including:
2459 (a) a set-up charge;
2460 (b) a service charge; or
2461 (c) a chilling fee.
2462 (16) (a) In addition to the requirements described in Section 32B-5-302, a full-service
2463 restaurant licensee shall maintain each of the following records for at least three years:
2464 (i) a record required by Section 32B-5-302; and
2465 (ii) a record that the commission requires a full-service licensee to use or maintain
2466 under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2467 Act.
2468 (b) The department shall audit the records of a full-service restaurant licensee at least
2469 once each calendar year.
2470 (17) (a) In accordance with Section 32B-6-205.3, a full-service restaurant licensee:
2471 (i) may comply with the provisions of this section beginning on or after July 1, 2017;
2472 and
2473 (ii) shall comply with the provisions of this section on and after July 1, 2018.
2474 (b) A full-service restaurant licensee that elects to comply with the provisions of this
2475 section before July 1, 2018:
2476 (i) shall comply with each provision of this section; and
2477 (ii) is not required to comply with the provisions of Section 32B-6-205.
2478 Section 38. Section 32B-6-205.3 is enacted to read:
2479 32B-6-205.3. Transition process for full-service restaurant licensees.
2480 (1) For a full-service restaurant license issued on or after July 1, 2017, the full-service
2481 restaurant licensee shall comply with the provisions of Section 32B-6-205.2.
2482 (2) (a) Before a person who holds a full-service restaurant license on July 1, 2017,
2483 changes the full-service restaurant licensee's approved location for storage, dispensing, or
2484 consumption to comply with the provisions of Section 32B-6-205.2, the full-service restaurant
2485 licensee shall obtain approval from the department in accordance with Subsection
2486 32B-5-303(3).
2487 (b) (i) A full-service restaurant licensee described in Subsection (2)(a) may submit an
2488 application for approval on or after May 9, 2017.
2489 (ii) A full-service restaurant licensee described in Subsection (2)(a) that cannot comply
2490 with the provisions of Section 32B-6-205.2 without a change to the full-service restaurant
2491 licensee's approved location for storage, dispensing, or consumption shall, in accordance with
2492 Subsection 32B-5-303(3), submit to the department an application to change the full-service
2493 restaurant licensee's location for storage, dispensing, or consumption no later than May 1,
2494 2018.
2495 (c) If a full-service restaurant licensee submits an application under this section to the
2496 department on May 9, 2017, the department shall take action on the application on or before
2497 July 1, 2017.
2498 Section 39. Section 32B-6-302 is amended to read:
2499 32B-6-302. Definitions.
2500 As used in this part:
2501 (1) (a) "Dining area" means an area in the licensed premises of a limited-service
2502 restaurant licensee that is primarily used for the service and consumption of food by one or
2503 more patrons.
2504 (b) "Dining area" does not include a dispensing area.
2505 (2) "Dispensing area" means an area in the licensed premises of a limited-service
2506 restaurant licensee where a dispensing structure is located and that:
2507 (a) is physically separated from the dining area and any waiting area by a structure or
2508 other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
2509 dispensing of alcoholic product; or
2510 (b) measures at least 10 feet from any area where alcoholic product is dispensed to the
2511 dining area and any waiting area, measured from the point of the area where alcoholic product
2512 is dispensed that is closest to the dining area or waiting area.
2513 [
2514 of a limited-service restaurant licensee that:
2515 (i) as of May 11, 2009, has:
2516 (A) patron seating at the bar structure;
2517 (B) a partition at one or more locations on the bar structure that is along:
2518 (I) the width of the bar structure; or
2519 (II) the length of the bar structure; and
2520 (C) facilities for the dispensing or storage of an alcoholic product:
2521 (I) on the portion of the bar structure that is separated by the partition described in
2522 Subsection [
2523 (II) if the partition as described in Subsection [
2524 structure in a manner visible to a patron sitting at the bar structure;
2525 (ii) is not operational as of May 12, 2009, if:
2526 (A) a person applying for a limited-service restaurant license:
2527 (I) has as of May 12, 2009, a building permit to construct the restaurant;
2528 (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
2529 defined by rule made by the commission; and
2530 (III) is issued the limited-service restaurant license by no later than December 31,
2531 2009; and
2532 (B) once constructed, the licensed premises has a bar structure described in Subsection
2533 [
2534 (iii) as of May 12, 2009, has no patron seating at the bar structure; or
2535 (iv) is not operational as of May 12, 2009, if:
2536 (A) a person applying for a limited-service restaurant license:
2537 (I) has as of May 12, 2009, a building permit to construct the restaurant;
2538 (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as
2539 defined by rule made by the commission; and
2540 (III) is issued a limited-service restaurant license by no later than December 31, 2009;
2541 and
2542 (B) once constructed, the licensed premises has a bar structure with no patron seating.
2543 (b) "Grandfathered bar structure" does not include a grandfathered bar structure
2544 described in Subsection [
2545 grandfathered bar structure, as defined by rule made by the commission.
2546 (c) Subject to Subsection [
2547 grandfathered bar structure notwithstanding whether a restaurant undergoes a change of
2548 ownership.
2549 [
2550 (a) a grandfathered bar structure described in Subsection [
2551 (b) a bar structure grandfathered under Section 32B-6-409.
2552 (5) "Waiting area" includes a lobby.
2553 [
2554 211 and 27 C.F.R. Sec. 4.10, including the following alcoholic beverages made in the manner
2555 of wine containing not less than 7% and not more than 24% of alcohol by volume:
2556 (a) sparkling and carbonated wine;
2557 (b) wine made from condensed grape must;
2558 (c) wine made from other agricultural products than the juice of sound, ripe grapes;
2559 (d) imitation wine;
2560 (e) compounds sold as wine;
2561 (f) vermouth;
2562 (g) cider;
2563 (h) perry; and
2564 (i) sake.
2565 Section 40. Section 32B-6-305 is amended to read:
2566 32B-6-305. Specific operational requirements for a limited-service restaurant
2567 license -- Before July 1, 2018.
2568 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2569 Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
2570 licensee shall comply with this section.
2571 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2572 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2573 (i) a limited-service restaurant licensee;
2574 (ii) individual staff of a limited-service restaurant licensee; or
2575 (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
2576 licensee.
2577 (2) (a) A limited-service restaurant licensee on the licensed premises may not sell, offer
2578 for sale, furnish, or allow consumption of:
2579 (i) spirituous liquor; or
2580 (ii) a flavored malt beverage.
2581 (b) A product listed in Subsection (2)(a) may not be on the premises of a
2582 limited-service restaurant licensee except for use:
2583 (i) as a flavoring on a dessert; and
2584 (ii) in the preparation of a flaming food dish, drink, or dessert.
2585 (3) In addition to complying with Section 32B-5-303, a limited-service restaurant
2586 licensee shall store an alcoholic product in a storage area described in Subsection (12)(a).
2587 (4) (a) An individual who serves an alcoholic product in a limited-service restaurant
2588 licensee's premises shall make a written beverage tab for each table or group that orders or
2589 consumes an alcoholic product on the premises.
2590 (b) A beverage tab required by this Subsection (4) shall list the type and amount of an
2591 alcoholic product ordered or consumed.
2592 (5) A person's willingness to serve an alcoholic product may not be made a condition
2593 of employment as a server with a limited-service restaurant licensee.
2594 (6) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish wine
2595 or heavy beer at the licensed premises on any day during the period that:
2596 (i) begins at midnight; and
2597 (ii) ends at 11:29 a.m.
2598 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer during
2599 the hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
2600 except that a limited-service restaurant licensee may not sell, offer for sale, or furnish beer
2601 before 11:30 a.m. on any day.
2602 (7) A limited-service restaurant licensee shall maintain at least 70% of its total
2603 restaurant business from the sale of food, which does not include a service charge.
2604 (8) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
2605 alcoholic product except after the limited-service restaurant licensee confirms that the patron
2606 has the intent to order food prepared, sold, and furnished at the licensed premises.
2607 (b) A limited-service restaurant licensee shall maintain on the licensed premises
2608 adequate culinary facilities for food preparation and dining accommodations.
2609 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
2610 more than two alcoholic products of any kind at a time before the patron.
2611 (b) An individual portion of wine is considered to be one alcoholic product under
2612 Subsection (9)(a).
2613 (10) A patron may consume an alcoholic product only:
2614 (a) at:
2615 (i) the patron's table;
2616 (ii) a counter; or
2617 (iii) a seating grandfathered bar structure; and
2618 (b) where food is served.
2619 (11) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
2620 alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar
2621 structure that is not a seating grandfathered bar structure.
2622 (b) At a seating grandfathered bar structure a patron who is 21 years of age or older
2623 may:
2624 (i) sit;
2625 (ii) be furnished an alcoholic product; and
2626 (iii) consume an alcoholic product.
2627 (c) Except as provided in Subsection (11)(d), at a seating grandfathered bar structure a
2628 limited-service restaurant licensee may not permit a minor to, and a minor may not:
2629 (i) sit; or
2630 (ii) consume food or beverages.
2631 (d) (i) A minor may be at a seating grandfathered bar structure if the minor is
2632 employed by a limited-service restaurant licensee:
2633 (A) as provided in Subsection 32B-5-308(2); or
2634 (B) to perform maintenance and cleaning services during an hour when the
2635 limited-service restaurant licensee is not open for business.
2636 (ii) A minor may momentarily pass by a seating grandfathered bar structure without
2637 remaining or sitting at the bar structure en route to an area of a limited-service restaurant
2638 licensee's premises in which the minor is permitted to be.
2639 (12) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
2640 licensee may dispense an alcoholic product only if: (a) the alcoholic product is dispensed from:
2641 (i) a grandfathered bar structure;
2642 (ii) an area adjacent to a grandfathered bar structure that is visible to a patron sitting at
2643 the grandfathered bar structure if that area is used to dispense an alcoholic product as of May
2644 12, 2009; or
2645 (iii) an area that is:
2646 (A) separated from an area for the consumption of food by a patron by a solid,
2647 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
2648 an alcoholic product are:
2649 (I) not readily visible to a patron; and
2650 (II) not accessible by a patron; and
2651 (B) apart from an area used:
2652 (I) for dining;
2653 (II) for staging; or
2654 (III) as a lobby or waiting area;
2655 (b) the limited-service restaurant licensee uses an alcoholic product that is:
2656 (i) stored in an area described in Subsection (12)(a); or
2657 (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
2658 (A) immediately before the alcoholic product is dispensed it is in an unopened
2659 container;
2660 (B) the unopened container is taken to an area described in Subsection (12)(a) before it
2661 is opened; and
2662 (C) once opened, the container is stored in an area described in Subsection (12)(a); and
2663 (c) any instrument or equipment used to dispense alcoholic product is located in an
2664 area described in Subsection (12)(a).
2665 (13) A limited-service restaurant licensee may state in a food or alcoholic product
2666 menu a charge or fee made in connection with the sale, service, or consumption of wine or
2667 heavy beer including:
2668 (a) a set-up charge;
2669 (b) a service charge; or
2670 (c) a chilling fee.
2671 (14) Subject to Subsection 32B-6-305.2(17) and Section 32B-6-305.3, the provisions
2672 of this section apply before July 1, 2018.
2673 Section 41. Section 32B-6-305.2 is enacted to read:
2674 32B-6-305.2. Specific operational requirements for a limited-service restaurant
2675 license -- On and after July 1, 2018.
2676 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2677 Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
2678 licensee shall comply with this section.
2679 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
2680 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2681 (i) a limited-service restaurant licensee;
2682 (ii) individual staff of a limited-service restaurant licensee; or
2683 (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
2684 licensee.
2685 (2) In addition to complying with Subsection 32B-5-301(3), a limited-service
2686 restaurant licensee shall display in a conspicuous place at the entrance to the licensed premises
2687 a sign approved by the commission that:
2688 (a) measures at least 8-1/2 inches long and 11 inches wide; and
2689 (b) clearly states that the limited-service restaurant licensee is a restaurant and not a
2690 bar.
2691 (3) In addition to complying with Section 32B-5-303, a limited-service restaurant
2692 licensee shall store an alcoholic product in a storage area described in Subsection (13)(a).
2693 (4) (a) An individual who serves an alcoholic product in a limited-service restaurant
2694 licensee's premises shall make a beverage tab for each table or group that orders or consumes
2695 an alcoholic product on the premises.
2696 (b) A beverage tab described in this Subsection (4) shall state:
2697 (i) the type and amount of each alcoholic product ordered or consumed; and
2698 (ii) the time that each alcoholic product is dispensed.
2699 (5) An individual's willingness to serve an alcoholic product may not be made a
2700 condition of employment with a limited-service restaurant licensee.
2701 (6) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish liquor at
2702 the licensed premises during the following time periods only:
2703 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
2704 (ii) on a weekend or a state or federal legal holiday, during the period that begins at
2705 10:30 a.m. and ends at 11:59 p.m.
2706 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
2707 licensed premises during the following time periods only:
2708 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
2709 (ii) on a weekend or a state or federal legal holiday, during the period that begins at
2710 10:30 a.m. and ends at 12:59 a.m.
2711 (7) A limited-service restaurant licensee shall maintain at least 70% of the
2712 limited-service restaurant licensee's total restaurant business from the sale of food, which does
2713 not include:
2714 (a) mix for an alcoholic product; or
2715 (b) a service charge.
2716 (8) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
2717 alcoholic product except after:
2718 (i) the patron to whom the limited-service restaurant licensee sells, offers for sale, or
2719 furnishes the alcoholic product is seated at:
2720 (A) a table that is located in a dining area or a dispensing area;
2721 (B) a counter that is located in a dining area or a dispensing area; or
2722 (C) a dispensing structure located in a dispensing area; and
2723 (ii) the limited-service restaurant licensee confirms that the patron has the intent to:
2724 (A) order food prepared, sold, and furnished at the licensed premises; and
2725 (B) consume the food at the same location where the patron is seated and sold, offered
2726 for sale, or furnished the alcoholic product.
2727 (b) A limited-service restaurant licensee shall maintain on the licensed premises
2728 adequate culinary facilities for food preparation and dining accommodations.
2729 (9) A patron may consume an alcoholic product only if the patron is seated at:
2730 (a) a table that is located in a dining area or a dispensing area;
2731 (b) a counter that is located in a dining area or a dispensing area; or
2732 (c) a dispensing structure located in a dispensing area.
2733 (10) (a) Subject to the other provisions of this Subsection (10), a patron may not have
2734 more than two alcoholic products of any kind at a time before the patron.
2735 (b) A patron may not have more than one spirituous liquor drink at a time before the
2736 patron.
2737 (c) An individual portion of wine is considered to be one alcoholic product under
2738 Subsection (10)(a).
2739 (11) In accordance with the provisions of this section, an individual who is at least 21
2740 years of age may consume food and beverages in a dispensing area.
2741 (12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
2742 consume food or beverages in a dispensing area.
2743 (b) (i) A minor may be in a dispensing area if the minor is employed by the
2744 limited-service restaurant licensee:
2745 (A) in accordance with Subsection 32B-5-308(2); or
2746 (B) to perform maintenance and cleaning services when the limited-service restaurant
2747 licensee is not open for business.
2748 (ii) If there is no alternative route available, a minor may momentarily pass through a
2749 dispensing area without remaining or sitting in the dispensing area en route to an area of the
2750 limited-service restaurant licensee's premises in which the minor is permitted to be.
2751 (13) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
2752 licensee may dispense an alcoholic product only if:
2753 (a) the alcoholic product is dispensed from:
2754 (i) a dispensing structure that is located in a dispensing area; or
2755 (ii) an area that is:
2756 (A) separated from an area for the consumption of food by a patron by a solid,
2757 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
2758 an alcoholic product are not readily visible to a patron and not accessible by a patron; and
2759 (B) apart from an area used for dining, for staging, or as a lobby or waiting area;
2760 (b) the limited-service restaurant licensee uses an alcoholic product that is stored in an
2761 area described in Subsection (13)(a) or in accordance with Section 32B-5-303; and
2762 (c) any instrument or equipment used to dispense alcoholic product is located in an
2763 area described in Subsection (13)(a).
2764 (14) A limited-service restaurant licensee may not:
2765 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
2766 (b) display an alcoholic product or a product intended to appear like an alcoholic
2767 product by moving a cart or similar device around the licensed premises.
2768 (15) A limited-service restaurant licensee may state in a food or alcoholic product
2769 menu a charge or fee made in connection with the sale, service, or consumption of liquor,
2770 including:
2771 (a) a set-up charge;
2772 (b) a service charge; or
2773 (c) a chilling fee.
2774 (16) (a) In addition to the requirements described in Section 32B-5-302, a
2775 limited-service restaurant licensee shall maintain each of the following records for at least three
2776 years:
2777 (i) a record required by Section 32B-5-302; and
2778 (ii) a record that the commission requires a limited-service restaurant licensee to use or
2779 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2780 Rulemaking Act.
2781 (b) The department shall audit the records of a limited-service restaurant licensee at
2782 least once each calendar year.
2783 (17) (a) In accordance with Section 32B-6-305.3, a limited-service restaurant licensee:
2784 (i) may comply with the provisions of this section beginning on or after July 1, 2017;
2785 and
2786 (ii) shall comply with the provisions of this section on and after July 1, 2018.
2787 (b) A limited-service restaurant licensee that elects to comply with the provisions of
2788 this section before July 1, 2018:
2789 (i) shall comply with each provision of this section; and
2790 (ii) is not required to comply with the provisions of Section 32B-6-305.
2791 Section 42. Section 32B-6-305.3 is enacted to read:
2792 32B-6-305.3. Transition process for limited-service restaurant licensees.
2793 (1) For a limited-service restaurant license issued on or after July 1, 2017, the
2794 limited-service restaurant licensee shall comply with the provisions of Section 32B-6-305.2.
2795 (2) (a) Before a person who holds a limited-service restaurant license on July 1, 2017,
2796 changes the limited-service restaurant licensee's approved location for storage, dispensing, or
2797 consumption to comply with the provisions of Section 32B-6-305.2, the limited-service
2798 restaurant licensee shall obtain approval from the department in accordance with Subsection
2799 32B-5-303(3).
2800 (b) (i) A limited-service restaurant licensee described in Subsection (2)(a) may submit
2801 an application for approval on or after May 9, 2017.
2802 (ii) A limited-service restaurant licensee described in Subsection (2)(a) that cannot
2803 comply with the provisions of Section 32B-6-305.2 without a change to the limited-service
2804 restaurant licensee's approved location for storage, dispensing, or consumption shall, in
2805 accordance with Subsection 32B-5-303(3), submit to the department an application to change
2806 the limited-service restaurant licensee's location for storage, dispensing, or consumption no
2807 later than May 1, 2018.
2808 (c) If a limited-service restaurant licensee submits an application under this section to
2809 the department on May 9, 2017, the department shall take action on the application on or
2810 before July 1, 2017.
2811 Section 43. Section 32B-6-401 is amended to read:
2812
2813 32B-6-401. Title.
2814 This part is known as "[
2815 Section 44. Section 32B-6-403 is amended to read:
2816 32B-6-403. Commission's power to issue bar establishment license.
2817 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
2818 an alcoholic product on its premises as a [
2819 obtain a [
2820 (2) The commission may issue a [
2821 establishment licensed premises at places and in numbers the commission considers proper for
2822 the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on
2823 premises operated by a [
2824 (3) Subject to Section 32B-1-201:
2825 (a) (i) [
2826 [
2827 the population of the state by 7,850[
2828 (ii) beginning on July 1, 2018, the commission may not issue a total number of bar
2829 establishment licenses that at any time exceeds the number determined by dividing the
2830 population of the state by 10,538;
2831 (b) the commission may issue a seasonal [
2832 with Section 32B-5-206 to:
2833 (i) a dining club licensee; or
2834 (ii) a [
2835 (c) (i) if the location, design, and construction of a hotel may require more than one
2836 dining club license or [
2837 convenience, the commission may authorize as many as three [
2838 locations within the hotel under one [
2839 (A) the hotel has a minimum of 150 guest rooms;
2840 (B) all locations under the [
2841 (I) within the same hotel; and
2842 (II) on premises that are managed or operated, and owned or leased, by the [
2843 establishment licensee; and
2844 (C) the locations under the [
2845 type of [
2846 (ii) a facility other than a hotel shall have a separate [
2847 for each [
2848 for sale, or furnished[
2849 (d) when a business establishment undergoes a change of ownership, the commission
2850 may issue a [
2851 notwithstanding that there is no [
2852 (3)(a) if:
2853 (i) the primary business activity at the business establishment before and after the
2854 change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
2855 (ii) before the change of ownership there are two or more licensed premises on the
2856 business establishment that operate under a retail license, with at least one of the retail licenses
2857 being a [
2858 (iii) subject to Subsection (3)(e), the licensed premises of the [
2859 license issued under this Subsection (3)(d) is at the same location where the [
2860 establishment license licensed premises was located before the change of ownership; and
2861 (iv) the person who is the new owner of the business establishment qualifies for the
2862 [
2863 available under Subsection (3)(a)[
2864 (e) if a [
2865 under Subsection (3)(d) requests a change of location, the [
2866 may retain the [
2867 on which the [
2868 establishment license is available under Subsection (3)(a).
2869 Section 45. Section 32B-6-404 is amended to read:
2870 32B-6-404. Types of bar license.
2871 (1) To obtain an equity [
2872 this part, a person shall:
2873 (a) whether incorporated or unincorporated:
2874 (i) be organized and operated solely for a social, recreational, patriotic, or fraternal
2875 purpose;
2876 (ii) have members;
2877 (iii) limit access to its licensed premises to a member or a guest of the member; and
2878 (iv) desire to maintain premises upon which an alcoholic product may be stored, sold
2879 to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
2880 (b) own, maintain, or operate a substantial recreational facility in conjunction with a
2881 club house such as:
2882 (i) a golf course; or
2883 (ii) a tennis facility;
2884 (c) have at least 50% of the total membership having:
2885 (i) full voting rights; and
2886 (ii) an equal share of the equity of the [
2887 the equal value; and
2888 (d) if there is more than one class of membership, have at least one class of
2889 membership that entitles each member in that class to:
2890 (i) full voting rights; and
2891 (ii) an equal share of the equity of the [
2892 value.
2893 (2) To obtain a fraternal [
2894 this part, a person shall:
2895 (a) whether incorporated or unincorporated:
2896 (i) be organized and operated solely for a social, recreational, patriotic, or fraternal
2897 purpose;
2898 (ii) have members;
2899 (iii) limit access to its licensed premises to a member or a guest of the member; and
2900 (iv) desire to maintain premises upon which an alcoholic product may be stored, sold
2901 to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
2902 (b) have no capital stock;
2903 (c) exist solely for:
2904 (i) the benefit of its members and their beneficiaries; and
2905 (ii) a lawful social, intellectual, educational, charitable, benevolent, moral, fraternal,
2906 patriotic, or religious purpose for the benefit of its members or the public, carried on through
2907 voluntary activity of its members in their local lodges;
2908 (d) have a representative form of government;
2909 (e) have a lodge system in which:
2910 (i) there is a supreme governing body;
2911 (ii) subordinate to the supreme governing body are local lodges, however designated,
2912 into which individuals are admitted as members in accordance with the laws of the fraternal;
2913 (iii) the local lodges are required by the laws of the fraternal to hold regular meetings at
2914 least monthly; and
2915 (iv) the local lodges regularly engage in one or more programs involving member
2916 participation to implement the purposes of Subsection (2)(c); and
2917 (f) own or lease a building or space in a building used for lodge activities.
2918 (3) To obtain a dining club license, in addition to meeting the other requirements of
2919 this part, a person shall:
2920 (a) maintain at least the following percentages of its total club business from the sale of
2921 food, not including mix for alcoholic products, or service charges:
2922 (i) for a dining club license that is issued as an original license on or after July 1, 2011,
2923 60%; and
2924 (ii) for a dining club license that is issued on or before June 30, 2011:
2925 (A) 50% on or before June 30, 2012; and
2926 (B) 60% on and after July 1, 2012; and
2927 (b) obtain a determination by the commission that the person will operate as a dining
2928 club licensee, as part of which the commission may consider:
2929 (i) the square footage and seating capacity of the premises;
2930 (ii) what portion of the square footage and seating capacity will be used for a dining
2931 area in comparison to the portion that will be used as a lounge or bar area;
2932 (iii) whether full meals including appetizers, main courses, and desserts are served;
2933 (iv) whether the person will maintain adequate on-premise culinary facilities to prepare
2934 full meals, except a person who is located on the premise of a hotel or resort facility may use
2935 the culinary facilities of the hotel or resort facility;
2936 (v) whether the entertainment provided at the [
2937 and
2938 (vi) the club management's ability to manage and operate a dining club license
2939 including:
2940 (A) management experience;
2941 (B) past dining club licensee or restaurant management experience; and
2942 (C) the type of management scheme used by the dining club license.
2943 (4) To obtain a [
2944 of this part except those listed in Subsection (1), (2), or (3).
2945 (5) (a) At the time that the commission issues a [
2946 commission shall designate the type of [
2947 qualifies.
2948 (b) If requested by a [
2949 change in the type of [
2950 commission.
2951 (6) To the extent not prohibited by law, this part does not prevent a dining club
2952 licensee or [
2953 the basis of an individual:
2954 (a) paying a fee; or
2955 (b) agreeing to being on a list of individuals who have access to the [
2956 premises.
2957 (7) (a) (i) On or after July 1, 2017, the commission may not issue or renew a dining
2958 club license.
2959 (ii) Effective July 1, 2018, the department shall convert each dining club license to a
2960 full-service restaurant license or a bar license in accordance with the provisions of this section.
2961 (b) (i) (A) A person licensed as a dining club on July 1, 2017, shall notify the
2962 department no later than May 31, 2018, whether effective July 1, 2018, the person elects to be
2963 licensed as a full-service restaurant or a bar.
2964 (B) Effective July 1, 2018, the department shall convert a dining club license to a
2965 full-service restaurant license or a bar license in accordance with the dining club licensee's
2966 election under Subsection (7)(b)(i)(A).
2967 (ii) If a dining club licensee fails to timely notify the department in accordance with
2968 Subsection (7)(b)(i), the dining club license is automatically changed to a full-service
2969 restaurant license on July 1, 2018.
2970 (c) After a dining club license converts to a full-service restaurant license or a bar
2971 license, the retail licensee shall operate under the provisions that govern the full-service
2972 restaurant license or the bar license, as applicable.
2973 (d) After a dining club license converts to a full-service restaurant license or a bar
2974 license in accordance with this Subsection (7):
2975 (i) the full-service restaurant license is not considered in determining the total number
2976 of full-service restaurant licenses available under Section 32B-6-203; or
2977 (ii) the bar license is not considered in determining the total number of bar
2978 establishment licenses available under Section 32B-6-403.
2979 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2980 commission may make rules establishing a procedure by which a dining club licensee elects
2981 and converts to a full-service restaurant licensee or a bar licensee under this Subsection (7).
2982 Section 46. Section 32B-6-405 is amended to read:
2983 32B-6-405. Specific licensing requirements for bar establishment license.
2984 (1) To obtain a [
2985 5, Part 2, Retail Licensing Process, a person shall submit with the written application:
2986 (a) (i) a statement as to whether the person is seeking to qualify as:
2987 (A) an equity [
2988 (B) a fraternal [
2989 (C) a dining club licensee; or
2990 (D) a [
2991 (ii) evidence that the person meets the requirements for the type of [
2992 establishment license for which the person is applying;
2993 (b) evidence that the person operates [
2994 prepared and served in connection with dining accommodations; and
2995 (c) if the person is applying for an equity [
2996 copy of the [
2997 (2) The commission may refuse to issue a [
2998 for an equity [
2999 provision of the person's bylaws or house rules, or amendments to those records is not:
3000 (a) reasonable; and
3001 (b) consistent with:
3002 (i) the declared nature and purpose of the [
3003 (ii) the purposes of this part.
3004 (3) (a) A [
3005 (b) To renew a [
3006 requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than May 31.
3007 (4) (a) The nonrefundable application fee for a [
3008 (b) The initial license fee for a [
3009 (c) The renewal fee for a [
3010 (5) The bond amount required for a [
3011 $10,000.
3012 Section 47. Section 32B-6-406 is amended to read:
3013 32B-6-406. Specific operational requirements for a bar establishment license.
3014 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
3015 Requirements, a [
3016 licensee shall comply with this section.
3017 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
3018 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3019 (i) a [
3020 (ii) individual staff of a [
3021 (iii) both a [
3022 licensee.
3023 (2) In addition to complying with Subsection 32B-5-301(3), a [
3024 display in a [
3025 premises a [
3026
3027 (a) measures at least 8-1/2 inches long and 11 inches wide; and
3028 (b) clearly states that the bar licensee is a bar and not a restaurant.
3029 (3) (a) In addition to complying with Section 32B-5-302, a [
3030 licensee shall maintain for a minimum of three years:
3031 (i) a record required by Section 32B-5-302; and
3032 (ii) a record maintained or used by the [
3033 department requires.
3034 (b) Section 32B-1-205 applies to a record required to be made, maintained, or used in
3035 accordance with this Subsection (3).
3036 (c) The department shall audit the records of a [
3037 once annually.
3038 (4) (a) A [
3039 on the licensed premises on any day during a period that:
3040 (i) begins at 1 a.m.; and
3041 (ii) ends at 9:59 a.m.
3042 (b) A [
3043 the hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
3044 license.
3045 (c) (i) Notwithstanding Subsections (4)(a) and (b), a [
3046 shall keep its licensed premises open for one hour after the [
3047 ceases the sale and furnishing of an alcoholic product during which time a patron of the [
3048 bar establishment licensee may finish consuming:
3049 (A) a single drink containing spirituous liquor;
3050 (B) a single serving of wine not exceeding five ounces;
3051 (C) a single serving of heavy beer;
3052 (D) a single serving of beer not exceeding 26 ounces; or
3053 (E) a single serving of a flavored malt beverage.
3054 (ii) A [
3055 (A) after all patrons have vacated the premises; or
3056 (B) during an emergency.
3057 (5) (a) A minor may not be admitted into, use, or be in:
3058 (i) a lounge or bar area of the premises of:
3059 (A) an equity [
3060 (B) a fraternal [
3061 (C) a dining club licensee; or
3062 (ii) the premises of:
3063 (A) a dining club licensee unless accompanied by an individual who is 21 years of age
3064 or older; or
3065 (B) a [
3066 32B-6-406.1.
3067 (b) Notwithstanding Section 32B-5-308, a [
3068 employ a minor to:
3069 (i) work in a lounge or bar area of an equity [
3070 dining club licensee; or
3071 (ii) handle an alcoholic product.
3072 (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
3073 premises of a [
3074 (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
3075 more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a
3076 [
3077 (6) A [
3078 alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
3079 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
3080 more than two alcoholic products of any kind at a time before the patron.
3081 (b) A patron may not have two spirituous liquor drinks before the [
3082 establishment licensee patron if one of the spirituous liquor drinks consists only of the primary
3083 spirituous liquor for the other spirituous liquor drink.
3084 (c) An individual portion of wine is considered to be one alcoholic product under
3085 Subsection (7)(a).
3086 (8) A [
3087 patron to review at the time that the patron requests it, a written alcoholic product price list or a
3088 menu containing the price of an alcoholic product sold, offered for sale, or furnished by the
3089 [
3090 (a) a set-up charge;
3091 (b) a service charge; or
3092 (c) a chilling fee.
3093 (9) Subject to Section 32B-5-309, a [
3094 temporarily rent or otherwise temporarily lease its premises to a person unless:
3095 (a) the person to whom the [
3096 premises agrees in writing to comply with this title as if the person is the [
3097 establishment licensee, except for a requirement related to making or maintaining a record; and
3098 (b) the [
3099 person complies with this section as provided in Subsection (9)(a).
3100 (10) If a [
3101 licensee, the [
3102 (11) If a [
3103 licensee, the [
3104 (12) (a) A [
3105 [
3106 (b) A [
3107 manner that barricades or conceals the [
3108 Section 48. Section 32B-6-406.1 is amended to read:
3109 32B-6-406.1. Specific operational restrictions related to dance or concert hall.
3110 (1) A minor who is at least 18 years of age may be admitted into, use, or be on the
3111 premises of a dance or concert hall if:
3112 (a) the dance or concert hall is located:
3113 (i) on the licensed premises of a [
3114 (ii) on the property that immediately adjoins the licensed premises of and is operated
3115 by a [
3116 (b) the [
3117 was issued on or before May 11, 2009:
3118 (i) on the basis of the operational requirements described in Subsection (2); and
3119 (ii) when the [
3120 (2) A [
3121 in such a way that:
3122 (a) the [
3123 alcoholic product consumption is:
3124 (i) not accessible to a minor;
3125 (ii) clearly defined; and
3126 (iii) separated from the dance or concert hall area by one or more walls, multiple floor
3127 levels, or other substantial physical barriers;
3128 (b) [
3129 dispensed is not visible to a minor;
3130 (c) consumption of an alcoholic product may not occur in:
3131 (i) the dance or concert hall area; or
3132 (ii) an area of the [
3133 (d) the [
3134 passing of beverages from the [
3135 other area for alcoholic product consumption to:
3136 (i) the dance or concert hall area; or
3137 (ii) an area of the [
3138 (e) there are one or more separate entrances, exits, and restroom facilities from the
3139 [
3140 product consumption than for:
3141 (i) the dance or concert hall area; or
3142 (ii) an area accessible to a minor; and
3143 (f) the [
3144 commission by rule.
3145 (3) (a) A minor under 18 years of age who is accompanied at all times by a parent or
3146 legal guardian may be admitted into, use, or be on the premises of a concert hall described in
3147 Subsection (1) if:
3148 (i) the requirements of Subsection (2) are met; and
3149 (ii) signage, product, and dispensing equipment containing recognition of an alcoholic
3150 product is not visible to the minor.
3151 (b) A minor under 18 years of age but who is 14 years of age or older who is not
3152 accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of
3153 a concert hall described in Subsection (1) if:
3154 (i) the requirements of Subsections (2) and (3)(a) are met; and
3155 (ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of
3156 the [
3157 (4) The commission may suspend or revoke a dance or concert permit issued to a
3158 [
3159 (a) the [
3160 (b) the [
3161 to a minor;
3162 (c) the [
3163
3164 the basis of an activity that occurs on:
3165 (i) the licensed premises; or
3166 (ii) the dance or concert hall that is located on property that immediately adjoins the
3167 licensed premises of and is operated by the [
3168 (d) there are three or more convictions of patrons of the [
3169 Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on:
3170 (i) the licensed premises; or
3171 (ii) the dance or concert hall that is located on property that immediately adjoins the
3172 licensed premises of and is operated by the [
3173 (iii) there is more than one conviction:
3174 (A) of:
3175 (I) the [
3176 (II) staff of the [
3177 (III) an entertainer contracted by the [
3178 (IV) a patron of the [
3179 (B) made on the basis of a lewd act or lewd entertainment prohibited by this title that
3180 occurs on:
3181 (I) the licensed premises; or
3182 (II) the dance or concert hall that is located on property that immediately adjoins the
3183 licensed premises of and is operated by the [
3184 (e) the commission finds acts or conduct contrary to the public welfare and morals
3185 involving lewd acts or lewd entertainment prohibited by this title that occurs on:
3186 (i) the licensed premises; or
3187 (ii) the dance or concert hall that is located on property that immediately adjoins the
3188 licensed premises of and is operated by the [
3189 (5) Nothing in this section prohibits a [
3190 for sale, or furnishing an alcoholic product in a dance or concert area located on the [
3191
3192 allow a minor into those areas.
3193 Section 49. Section 32B-6-407 is amended to read:
3194 32B-6-407. Specific operational requirements for equity license or fraternal
3195 license.
3196 (1) [
3197 licensee" means an equity [
3198 [
3199 (2) (a) [
3200 (i) consists of three or more members of the [
3201 (ii) holds regular meetings to:
3202 (A) review membership applications; and
3203 (B) conduct other business as required by the bylaws or house rules of the [
3204 or fraternal licensee.
3205 (b) (i) [
3206 posted currently by the [
3207 (ii) The minute book required by this Subsection (2) shall contain the minutes of a
3208 regular or special meeting of the governing body.
3209 (3) [
3210 on written application signed by the person, subject to:
3211 (a) the person paying an application fee; and
3212 (b) investigation, vote, and approval of a quorum of the governing body.
3213 (4) [
3214 (a) record an admission of a member in the official minutes of a regular meeting of the
3215 governing body; and
3216 (b) whether approved or disapproved, file an application as a part of the official records
3217 of the [
3218 (5) The spouse of a member of [
3219 privileges of the member:
3220 (a) to the extent permitted by the bylaws or house rules of the [
3221 licensee; and
3222 (b) except to the extent restricted by this title.
3223 (6) A minor child of a member of [
3224 and privileges of the member:
3225 (a) to the extent permitted by the bylaws or house rules of the [
3226 licensee; and
3227 (b) except to the extent restricted by this title.
3228 (7) [
3229 (a) a current and complete membership record showing:
3230 (i) the date of application of a proposed member;
3231 (ii) a member's address;
3232 (iii) the date the governing body approved a member's admission;
3233 (iv) the date initiation fees and dues are assessed and paid; and
3234 (v) the serial number of the membership card issued to a member;
3235 (b) a membership list; and
3236 (c) a current record indicating when a member is removed as a member or resigns.
3237 (8) (a) [
3238 include provisions respecting the following:
3239 (i) standards of eligibility for members;
3240 (ii) limitation of members, consistent with the nature and purpose of the [
3241 or fraternal licensee;
3242 (iii) the period for which dues are paid, and the date upon which the period expires;
3243 (iv) provisions for removing a member from the [
3244 membership for the nonpayment of dues or other cause;
3245 (v) provisions for guests; and
3246 (vi) application fees and membership dues.
3247 (b) [
3248 equity or fraternal licensee's current bylaws and current house rules.
3249 (c) [
3250 and any amendments to those records, on file with the department at all times.
3251 (9) [
3252 to be admitted to or use the [
3253 conditions:
3254 (a) the individual is allowed to use the [
3255 to the extent permitted by the [
3256 (b) the individual shall be previously authorized by a member of the [
3257 fraternal licensee who agrees to host the individual as a guest [
3258 (c) the individual has only those privileges derived from the individual's host for the
3259 duration of the individual's visit to the [
3260 (d) [
3261 licensee may not enter into an agreement or arrangement with a [
3262 fraternal licensee to indiscriminately host a member of the general public into the [
3263 or fraternal licensee premises as a guest.
3264 (10) Notwithstanding Subsection (9), an individual may be allowed as a guest in [
3265
3266 (a) (i) the [
3267 (ii) the individual is a member of an equity [
3268 privileges with the equity [
3269 (b) (i) the [
3270 (ii) the individual is a member of the same fraternal organization as the fraternal [
3271 licensee for which the individual is a guest; or
3272 (c) (i) the [
3273 fraternal [
3274 (ii) the [
3275 fraternal licensed premises without a host except that a minor may not be admitted as a guest
3276 without a host; and
3277 (iii) the [
3278 from the sale of food, not including mix for alcoholic products, or service charges.
3279 (11) Unless the patron is a member or guest, [
3280 may not:
3281 (a) sell, offer for sale, or furnish an alcoholic product to the patron; or
3282 (b) allow the patron to be admitted to or use the licensed premises.
3283 (12) A minor may not be a member, officer, director, or trustee of [
3284 fraternal licensee.
3285 Section 50. Section 32B-6-408 is amended to read:
3286 32B-6-408. Information obtained by investigator.
3287 (1) Subject to Subsection (2), if an investigator is permitted by another provision of
3288 this title to inspect a record of a [
3289 rights under this title, the investigator may inspect, have a copy of, or otherwise review any
3290 record of the [
3291 [
3292 (2) An investigator who is a peace officer may not inspect, have a copy of, or otherwise
3293 review a visual recording described in Subsection (1) without probable cause.
3294 Section 51. Section 32B-6-703 is amended to read:
3295 32B-6-703. Commission's power to issue on-premise beer retailer license.
3296 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
3297 beer on the premises as an on-premise beer retailer, the person shall first obtain an on-premise
3298 beer retailer license from the commission in accordance with this part.
3299 (2) (a) The commission may issue an on-premise beer retailer license to establish
3300 on-premise beer retailer licensed premises at places and in numbers as the commission
3301 considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on
3302 premises operated as an on-premise beer retailer.
3303 (b) At the time that the commission issues an on-premise beer retailer license, the
3304 commission shall designate whether the on-premise beer retailer is a tavern.
3305 (c) The commission may change its designation of whether an on-premise beer retailer
3306 is a tavern in accordance with rules made by the commission.
3307 (d) (i) In determining whether an on-premise beer retailer is a tavern, the commission
3308 shall determine whether the on-premise beer retailer will engage primarily in the retail sale of
3309 beer for consumption on the establishment's premises.
3310 (ii) In making a determination under this Subsection (2)(d), the commission shall
3311 consider:
3312 (A) whether the on-premise beer retailer will operate as one of the following:
3313 (I) a beer bar;
3314 (II) a parlor;
3315 (III) a lounge;
3316 (IV) a cabaret; or
3317 (V) a nightclub;
3318 (B) if the on-premise beer retailer will operate as described in Subsection (2)(d)(ii)(A):
3319 (I) whether the on-premise beer retailer will sell food in the establishment; and
3320 (II) if the on-premise beer retailer sells food, whether the revenue from the sale of beer
3321 will exceed the revenue of the sale of food;
3322 (C) whether full meals including appetizers, main courses, and desserts will be served;
3323 (D) the square footage and seating capacity of the premises;
3324 (E) what portion of the square footage and seating capacity will be used for a dining
3325 area in comparison to the portion that will be used as a lounge or bar area;
3326 (F) whether the person will maintain adequate on-premise culinary facilities to prepare
3327 full meals, except a person that is located on the premises of a hotel or resort facility may use
3328 the culinary facilities of the hotel or resort facility;
3329 (G) whether the entertainment provided on the premises of the beer retailer will be
3330 suitable for minors; and
3331 (H) the beer retailer management's ability to manage and operate an on-premise beer
3332 retailer license including:
3333 (I) management experience;
3334 (II) past beer retailer management experience; and
3335 (III) the type of management scheme that will be used by the beer retailer.
3336 (e) On or after March 1, 2012:
3337 (i) To be licensed as an on-premise beer retailer that is not a tavern, a person shall:
3338 (A) maintain at least 70% of the person's total gross revenues from business directly
3339 related to a recreational amenity on or directly adjoining the licensed premises of the beer
3340 retailer, except that a person may include gross revenue from business directly related to a
3341 recreational amenity that is owned or operated by a political subdivision if the person has a
3342 contract meeting the requirements of Subsection (2)(e)(v) with the political subdivision; or
3343 (B) have a recreational amenity on or directly adjoining the licensed premises of the
3344 beer retailer and maintain at least 70% of the person's total gross revenues from the sale of
3345 food.
3346 (ii) The commission may not license a person as an on-premise beer retailer if the
3347 person does not:
3348 (A) meet the requirements of Subsection (2)(e)(i); or
3349 (B) operate as a tavern.
3350 [
3351
3352
3353
3354 [
3355
3356
3357
3358
3359
3360 [
3361 license that is not a tavern and does not meet the requirements of Subsection (2)(e)(i), may not
3362 have or construct facilities for the dispensing or storage of an alcoholic product that do not
3363 meet the requirements of Subsection 32B-6-905(12)(a)(ii).
3364 [
3365 (A) allow the beer retailer to include the total gross revenue from operations of the
3366 recreational amenity in the beer retailer's total gross receipts for purposes of Subsection
3367 (2)(e)(i)(A); and
3368 (B) give the department the authority to audit financial information of the political
3369 subdivision to the extent necessary to confirm that the requirements of Subsection (2)(e)(i)(A)
3370 are met.
3371 (3) Subject to Section 32B-1-201:
3372 (a) The commission may not issue a total number of on-premise beer retailer licenses
3373 that are taverns that at any time exceeds the number determined by dividing the population of
3374 the state by 73,666.
3375 (b) The commission may issue a seasonal on-premise beer retailer license for a tavern
3376 in accordance with Section 32B-5-206.
3377 (4) (a) Unless otherwise provided in Subsection (4)(b):
3378 (i) only one on-premise beer retailer license is required for each building or resort
3379 facility owned or leased by the same person; and
3380 (ii) a separate license is not required for each retail beer dispensing location in the
3381 same building or on the same resort premises owned or operated by the same person.
3382 (b) (i) Subsection (4)(a) applies only if each retail beer dispensing location in the
3383 building or resort facility operates in the same manner.
3384 (ii) If each retail beer dispensing location does not operate in the same manner:
3385 (A) one on-premise beer retailer license designated as a tavern is required for the
3386 locations in the same building or on the same resort premises that operate as a tavern; and
3387 (B) one on-premise beer retailer license is required for the locations in the same
3388 building or on the same resort premises that do not operate as a tavern.
3389 Section 52. Section 32B-6-706 is amended to read:
3390 32B-6-706. Specific operational requirements for on-premise beer retailer license.
3391 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
3392 Requirements, an on-premise beer retailer and staff of the on-premise beer retailer shall comply
3393 with this section.
3394 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
3395 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3396 (i) an on-premise beer retailer;
3397 (ii) individual staff of an on-premise beer retailer; or
3398 (iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
3399 (2) (a) An on-premise beer retailer is not subject to Section 32B-5-302, but shall make
3400 and maintain the records the department requires.
3401 (b) Section 32B-1-205 applies to a record required to be made or maintained in
3402 accordance with this Subsection (2).
3403 (3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or
3404 sell liquor on its licensed premises.
3405 (4) Beer sold in a sealed container by an on-premise beer retailer may be removed from
3406 the on-premise beer retailer premises in the sealed container.
3407 (5) (a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at its
3408 licensed premises during a period that:
3409 (i) begins at 1 a.m.; and
3410 (ii) ends at 9:59 a.m.
3411 (b) (i) Notwithstanding Subsection (5)(a), a tavern shall remain open for one hour after
3412 the tavern ceases the sale and furnishing of beer during which time a patron of the tavern may
3413 finish consuming a single serving of beer not exceeding 26 ounces.
3414 (ii) A tavern is not required to remain open:
3415 (A) after all patrons have vacated the premises; or
3416 (B) during an emergency.
3417 (6) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a
3418 tavern.
3419 (7) (a) (i) An on-premise beer retailer may not purchase, acquire, possess for the
3420 purpose of resale, or sell beer except beer that the on-premise beer retailer lawfully purchases
3421 from:
3422 (A) a beer wholesaler licensee; or
3423 (B) a small brewer that manufactures the beer.
3424 (ii) Violation of Subsection (7)(a)(i) is a class A misdemeanor.
3425 (b) (i) If an on-premise beer retailer purchases beer under this Subsection (7) from a
3426 beer wholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer
3427 wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
3428 in which the [
3429 authorized by the department to sell to the [
3430 Section 32B-13-301.
3431 (ii) Violation of Subsection (7)(b)(i) is a class B misdemeanor.
3432 (8) A tavern shall comply with Section 32B-1-407.
3433 Section 53. Section 32B-6-902 is amended to read:
3434 32B-6-902. Definitions.
3435 (1) As used in this part:
3436 (a) (i) "Dining area" means an area in the licensed premises of a beer-only restaurant
3437 licensee that is primarily used for the service and consumption of food by one or more patrons.
3438 (ii) "Dining area" does not include a dispensing area.
3439 (b) "Dispensing area" means an area in the licensed premises of a beer-only restaurant
3440 licensee where a dispensing structure is located and that:
3441 (i) is physically separated from the dining area and any waiting area by a structure or
3442 other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
3443 dispensing of beer; or
3444 (ii) measures at least 10 feet from any area where beer is dispensed to the dining area
3445 and any waiting area, measured from the point of the area where beer is dispensed that is
3446 closest to the dining area or waiting area.
3447 [
3448 (c) "Grandfathered bar structure" means a bar structure in a licensed premises of a
3449 beer-only restaurant licensee that:
3450 (i) was licensed as an on-premise beer retailer as of August 1, 2011, and as of August
3451 1, 2011:
3452 (A) is operational;
3453 (B) has facilities for the dispensing or storage of an alcoholic product that do not meet
3454 the requirements of Subsection 32B-6-905(12)(a)(ii); and
3455 (C) in accordance with Subsection 32B-6-703(2)(e), notifies the department that
3456 effective March 1, 2012, the on-premise beer retailer licensee will seek to be licensed as a
3457 beer-only restaurant; or
3458 (ii) is a bar structure grandfathered under Section 32B-6-409.
3459 [
3460 described in Subsection (1)(a) on or after the day on which a restaurant remodels the
3461 grandfathered bar structure, as defined by rule made by the commission.
3462 (e) "Waiting area" includes a lobby.
3463 (2) Subject to Subsection (1)[
3464 grandfathered bar structure notwithstanding whether a restaurant undergoes a change of
3465 ownership.
3466 Section 54. Section 32B-6-905 is amended to read:
3467 32B-6-905. Specific operational requirements for a beer-only restaurant license --
3468 Before July 1, 2018.
3469 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
3470 Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
3471 shall comply with this section.
3472 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
3473 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3474 (i) a beer-only restaurant licensee;
3475 (ii) individual staff of a beer-only restaurant licensee; or
3476 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
3477 (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
3478 sale, furnish, or allow consumption of liquor.
3479 (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
3480 (i) as a flavoring on a dessert; and
3481 (ii) in the preparation of a flaming food dish, drink, or dessert.
3482 (3) In addition to complying with Section 32B-5-303, a beer-only restaurant licensee
3483 shall store beer in a storage area described in Subsection (12)(a).
3484 (4) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
3485 make a written beverage tab for each table or group that orders or consumes an alcoholic
3486 product on the premises.
3487 (b) A beverage tab required by this Subsection (4) shall list the type and amount of
3488 beer ordered or consumed.
3489 (5) A person's willingness to serve beer may not be made a condition of employment as
3490 a server with a beer-only restaurant licensee.
3491 (6) A beer-only restaurant licensee may sell, offer for sale, or furnish beer during the
3492 hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer,
3493 except that a beer-only restaurant licensee may not sell, offer for sale, or furnish beer before
3494 11:30 a.m. on any day.
3495 (7) A beer-only restaurant licensee shall maintain at least 70% of its total restaurant
3496 business from the sale of food, which does not include a service charge.
3497 (8) (a) A beer-only restaurant may not sell, offer for sale, or furnish beer except after
3498 the beer-only restaurant licensee confirms that the patron has the intent to order food prepared,
3499 sold, and furnished at the licensed premises.
3500 (b) A beer-only restaurant shall maintain on the licensed premises adequate culinary
3501 facilities for food preparation and dining accommodations.
3502 (9) A patron may not have more than two beers at a time before the patron.
3503 (10) A patron may consume a beer only: (a) at:
3504 (i) the patron's table;
3505 (ii) a grandfathered bar structure; or
3506 (iii) a counter; and
3507 (b) where food is served.
3508 (11) (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish a beer to
3509 a patron, and a patron may not consume an alcoholic product at a bar structure.
3510 (b) Notwithstanding Subsection (11)(a), at a grandfathered bar structure, a patron who
3511 is 21 years of age or older may:
3512 (i) sit;
3513 (ii) be furnished a beer; and
3514 (iii) consume a beer.
3515 (c) Except as provided in Subsection (11)(d), at a grandfathered bar structure, a
3516 beer-only restaurant licensee may not permit a minor to, and a minor may not:
3517 (i) sit; or
3518 (ii) consume food or beverages.
3519 (d) (i) A minor may be at a grandfathered bar structure if the minor is employed by a
3520 beer-only restaurant licensee:
3521 (A) as provided in Subsection 32B-5-308(2); or
3522 (B) to perform maintenance and cleaning services during an hour when the beer-only
3523 restaurant licensee is not open for business.
3524 (ii) A minor may momentarily pass by a grandfathered bar structure without
3525 remaining or sitting at the bar structure en route to an area of a beer-only restaurant licensee's
3526 premises in which the minor is permitted to be.
3527 (12) A beer-only restaurant licensee may dispense a beer only if:
3528 (a) the beer is dispensed from an area that is:
3529 (i) a grandfathered bar structure; or
3530 (ii) separated from an area for the consumption of food by a patron by a solid,
3531 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
3532 an alcoholic product are not readily visible to a patron, not accessible by a patron, and apart
3533 from an area used for dining, for staging, or as a lobby or waiting area;
3534 (b) the beer-only restaurant licensee uses a beer that is:
3535 (i) stored in an area described in Subsection (12)(a); or
3536 (ii) in an area not described in Subsection (12)(a) on the licensed premises and:
3537 (A) immediately before the beer is dispensed it is in an unopened container;
3538 (B) the unopened container is taken to an area described in Subsection (12)(a) before it
3539 is opened; and
3540 (C) once opened, the container is stored in an area described in Subsection (12)(a) ; and
3541 (c) any instrument or equipment used to dispense the beer is located in an area
3542 described in Subsection (12)(a).
3543 (13) Subject to Subsection 32B-6-905.1(17) and Section 32B-6-905.2, the provisions
3544 of this section apply before July 1, 2018.
3545 Section 55. Section 32B-6-905.1 is enacted to read:
3546 32B-6-905.1. Specific operational requirements for a beer-only restaurant license
3547 -- On and after July 1, 2018.
3548 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
3549 Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
3550 shall comply with this section.
3551 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
3552 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
3553 (i) a beer-only restaurant licensee;
3554 (ii) individual staff of a beer-only restaurant licensee; or
3555 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
3556 (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
3557 sale, furnish, or allow consumption of liquor.
3558 (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
3559 (i) as a flavoring on a dessert; and
3560 (ii) in the preparation of a flaming food dish, drink, or dessert.
3561 (3) In addition to complying with Section 32B-5-303, a beer-only restaurant licensee
3562 shall store beer in a storage area described in Subsection (13)(a).
3563 (4) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
3564 make a beverage tab for each table or group that orders or consumes an alcoholic product on
3565 the premises.
3566 (b) A beverage tab described in this Subsection (4) shall state:
3567 (i) the type and amount of each alcoholic product ordered or consumed; and
3568 (ii) the time that each alcoholic product is dispensed.
3569 (5) A person's willingness to serve beer may not be made a condition of employment as
3570 a server with a beer-only restaurant licensee.
3571 (6) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
3572 licensed premises during the following time periods only:
3573 (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
3574 (b) on a weekend or a state or federal legal holiday, during the period that begins at
3575 10:30 a.m. and ends at 12:59 a.m.
3576 (7) A beer-only restaurant licensee shall maintain at least 70% of the beer-only
3577 restaurant licensee's total restaurant business from the sale of food, which does not include a
3578 service charge.
3579 (8) (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish beer
3580 except after:
3581 (i) the patron to whom the beer-only restaurant licensee sells, offers for sale, or
3582 furnishes the beer is seated at:
3583 (A) a table that is located in a dining area or a dispensing area;
3584 (B) a counter that is located in a dining area or a dispensing area; or
3585 (C) a dispensing structure located in a dispensing area; and
3586 (ii) the beer-only restaurant licensee confirms that the patron has the intent to:
3587 (A) order food prepared, sold, and furnished at the licensed premises; and
3588 (B) consume the food at the same location where the patron is seated and sold, offered
3589 for sale, or furnished the beer.
3590 (b) A beer-only restaurant licensee shall maintain on the licensed premises adequate
3591 culinary facilities for food preparation and dining accommodations.
3592 (9) A patron may consume a beer only at:
3593 (a) a table that is located in a dining area or a dispensing area;
3594 (b) a counter that is located in a dining area or a dispensing area; or
3595 (c) a dispensing structure located in a dispensing area.
3596 (10) A patron may not have more than two beers at a time before the patron.
3597 (11) In accordance with the provisions of this section, an individual who is at least 21
3598 years of age may consume food and beverages in a dispensing area.
3599 (12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
3600 consume food or beverages in a dispensing area.
3601 (b) (i) A minor may be in a dispensing area if the minor is employed by the beer-only
3602 restaurant licensee:
3603 (A) in accordance with Subsection 32B-5-308(2); or
3604 (B) to perform maintenance and cleaning services when the beer-only restaurant
3605 licensee is not open for business.
3606 (ii) If there is no alternative route available, a minor may momentarily pass through a
3607 dispensing area without remaining or sitting in the dispensing area en route to an area of the
3608 beer-only restaurant licensee's premises in which the minor is permitted to be.
3609 (13) A beer-only restaurant licensee may dispense a beer only if:
3610 (a) the beer is dispensed from:
3611 (i) a dispensing structure that is located in a dispensing area; or
3612 (ii) an area that is:
3613 (A) separated from an area for the consumption of food by a patron by a solid,
3614 translucent, permanent structural barrier such that the facilities for the storage or dispensing of
3615 an alcoholic product are not readily visible to a patron, not accessible by a patron; and
3616 (B) apart from an area used for dining, for staging, or as a lobby or waiting area;
3617 (b) the beer-only restaurant licensee uses a beer that is stored in an area described in
3618 Subsection (13)(a) or in accordance with Section 32B-5-303; and
3619 (c) any instrument or equipment used to dispense the beer is located in an area
3620 described in Subsection (13)(a).
3621 (14) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
3622 from a movable cart.
3623 (15) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
3624 restaurant licensee shall maintain each of the following records for at least three years:
3625 (i) a record required by Section 32B-5-302; and
3626 (ii) a record that the commission requires a beer-only restaurant licensee to use or
3627 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3628 Rulemaking Act.
3629 (b) The department shall audit the records of a beer-only restaurant licensee at least
3630 once each calendar year.
3631 (16) A beer-only restaurant licensee shall display in a conspicuous place at the entrance
3632 to the licensed premises a sign approved by the commission that:
3633 (a) measures at least 8-1/2 inches long and 11 inches wide; and
3634 (b) clearly states that the beer-only restaurant licensee is a restaurant and not a bar.
3635 (17) (a) In accordance with Section 32B-6-905.2, a beer-only restaurant licensee:
3636 (i) may comply with the provisions of this section beginning on or after July 1, 2017;
3637 and
3638 (ii) shall comply with the provisions of this section on and after July 1, 2018.
3639 (b) A beer-only restaurant licensee that elects to comply with the provisions of this
3640 section before July 1, 2018:
3641 (i) shall comply with each provision of this section; and
3642 (ii) is not required to comply with the provisions of Section 32B-6-905.
3643 Section 56. Section 32B-6-905.2 is enacted to read:
3644 32B-6-905.2. Transition process for beer-only restaurant licensees.
3645 (1) For a beer-only restaurant license issued on or after July 1, 2017, the beer-only
3646 restaurant licensee shall comply with the provisions of Section 32B-6-905.1.
3647 (2) (a) Before a person who holds a beer-only restaurant license on July 1, 2017,
3648 changes the beer-only restaurant licensee's approved location for storage, dispensing, or
3649 consumption to comply with the provisions of Section 32B-6-905.1, the beer-only restaurant
3650 licensee shall obtain approval from the department in accordance with Subsection
3651 32B-5-303(3).
3652 (b) (i) A beer-only restaurant licensee described in Subsection (2)(a) may submit an
3653 application for approval on or after May 9, 2017.
3654 (ii) A beer-only restaurant licensee described in Subsection (2)(a) that cannot comply
3655 with the provisions of Section 32B-6-905.1 without a change to the beer-only restaurant
3656 licensee's approved location for storage, dispensing, or consumption shall, in accordance with
3657 Subsection 32B-5-303(3), submit to the department an application to change the beer-only
3658 restaurant licensee's location for storage, dispensing, or consumption no later than May 1,
3659 2018.
3660 (c) If a beer-only restaurant licensee submits an application under this section to the
3661 department on May 9, 2017, the department shall take action on the application on or before
3662 July 1, 2017.
3663 Section 57. Section 32B-7-202 is amended to read:
3664 32B-7-202. General operational requirements for off-premise beer retailer.
3665 (1) (a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply
3666 with [
3667 (b) Failure to comply with this section may result in a suspension or revocation of a
3668 local license and disciplinary action in accordance with Section 32B-7-501.
3669 (2) (a) (i) An off-premise beer retailer may not purchase, acquire, possess for the
3670 purpose of resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases
3671 from:
3672 (A) a beer wholesaler licensee; or
3673 (B) a small brewer that manufactures the beer.
3674 (ii) A violation of Subsection (2)(a) is a class A misdemeanor.
3675 (b) (i) If an off-premise beer retailer purchases beer under this Subsection (2) from a
3676 beer wholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer
3677 wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
3678 in which the off-premise beer retailer is located, unless an alternate wholesaler is authorized by
3679 the department to sell to the off-premise beer retailer as provided in Section 32B-13-301.
3680 (ii) A violation of Subsection (2)(b) is a class B misdemeanor.
3681 (c) (i) An off-premise beer retailer shall make and maintain a record, as required by
3682 commission rule, of all beer purchased.
3683 (ii) Section 32B-1-205 applies to a record required to be made or maintained in
3684 accordance with this Subsection (2)(c).
3685 (3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
3686 container larger than two liters.
3687 (4) A minor may not sell beer on the licensed premises of an off-premise beer retailer
3688 unless:
3689 (a) the sale is done under the supervision of a person 21 years of age or older who is on
3690 the licensed premises; and
3691 (b) the minor is at least 16 years of age.
3692 (5) (a) Subject to the other provisions of this Subsection (5), an off-premise beer
3693 retailer shall:
3694 (i) display all beer sold by the off-premise beer retailer in [
3695
3696 contiguous locations, each of which is a display cabinet, cooler, aisle, or room where beer is the
3697 only beverage displayed; and
3698 (ii) display a sign in the area described in Subsection (5)(a)(i) that:
3699 (A) is prominent;
3700 (B) is easily readable by a consumer;
3701 (C) meets the requirements for format established by the commission by rule; and
3702 (D) reads in print that is no smaller than .5 inches, bold type, "These beverages contain
3703 alcohol. Please read the label carefully."
3704 (b) Notwithstanding Subsection (5)(a), a nonalcoholic beer may be displayed with beer
3705 if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
3706 (c) The requirements of this Subsection (5) apply to beer notwithstanding that it is
3707 labeled, packaged, or advertised as:
3708 (i) a malt cooler; or
3709 (ii) a beverage that may provide energy.
3710 [
3711
3712 [
3713 (6) (a) Staff of an off-premise beer retailer who directly supervises the sale of beer or
3714 who sells beer to a patron for consumption off the premises of the off-premise beer retailer
3715 shall wear a unique identification badge:
3716 (i) on the front of the staff's clothing;
3717 (ii) visible above the waist;
3718 (iii) bearing the staff's:
3719 (A) first or last name;
3720 (B) initials; or
3721 (C) unique identification in letters or numbers; and
3722 (iv) with the number or letters on the unique identification badge being sufficiently
3723 large to be clearly visible and identifiable while engaging in or directly supervising the retail
3724 sale of beer.
3725 (b) An off-premise beer retailer shall make and maintain a record of each current staff's
3726 unique identification badge assigned by the off-premise beer retailer that includes the staff's:
3727 (i) full name;
3728 (ii) address; and
3729 (iii) (A) driver license number; or
3730 (B) similar identification number.
3731 (c) An off-premise beer retailer shall make available a record required to be made or
3732 maintained under this Subsection (6) for immediate inspection by:
3733 (i) a peace officer; [
3734 (ii) a representative of the local authority that issues the off-premise beer retailer
3735 license[
3736 (iii) a representative of the commission or department.
3737 (d) A local authority may impose a fine of up to $250 against an off-premise beer
3738 retailer that does not comply or require its staff to comply with this Subsection (6).
3739 Section 58. Section 32B-7-401 is enacted to read:
3740
3741 32B-7-401. Commission's power to issue off-premise beer retailer state license.
3742 (1) Except as provided in Subsection (3), before a person may purchase, store, sell, or
3743 offer for sale beer for consumption off the person's premises, the person shall obtain an
3744 off-premise beer retailer state license in accordance with this part.
3745 (2) The commission may issue an off-premise beer retailer state license for the retail
3746 sale of beer for consumption off the beer retailer's premises.
3747 (3) (a) A person who operates as an off-premise beer retailer on May 9, 2017, shall
3748 obtain an off-premise beer retailer state license on or before February 28, 2018.
3749 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3750 the commission shall establish a deadline for each off-premise beer retailer described in
3751 Subsection (3)(a) to submit to the department an application for an off-premise beer retailer
3752 state license.
3753 (ii) The commission shall act upon each timely application submitted in accordance
3754 with this Subsection (3) on or before February 28, 2018.
3755 (c) An off-premise beer retailer described in Subsection (3)(a) may continue to operate
3756 without an off-premise beer retailer state license through February 28, 2018.
3757 Section 59. Section 32B-7-402 is enacted to read:
3758 32B-7-402. Application for off-premise beer retailer state license -- Qualifications.
3759 To obtain an off-premise beer retailer state license, a person shall submit to the
3760 department:
3761 (1) a written application in a form prescribed by the department;
3762 (2) a nonrefundable application fee of $75;
3763 (3) an initial license fee of $250 that is refundable if the commission does not issue the
3764 off-premise beer retailer state license;
3765 (4) written consent of the local authority;
3766 (5) a copy of the person's current business license;
3767 (6) a floor plan of the premises that outlines the location of each beer display;
3768 (7) a signed consent form stating the person will permit any authorized representative
3769 of the commission or the department or any law enforcement officer to have unrestricted right
3770 to enter the licensed premises;
3771 (8) if the person is an entity, property verification evidencing that the individual who
3772 signs the application is authorized to sign on behalf of the entity; and
3773 (9) any other information that the commission or department requires.
3774 Section 60. Section 32B-7-403 is enacted to read:
3775 32B-7-403. Renewal of off-premise beer retailer state license.
3776 (1) An off-premise beer retailer state license expires on the last day of February each
3777 year.
3778 (2) To renew an off-premise beer retailer state license, an off-premise beer retailer state
3779 licensee shall, no later than January 31, submit:
3780 (a) a completed renewal application to the department in a form prescribed by the
3781 department; and
3782 (b) a renewal fee of $175.
3783 (3) An off-premise beer retailer state licensee automatically forfeits the off-premise
3784 beer retailer state license if the off-premise beer retailer state licensee fails to satisfy the
3785 renewal requirements described in this section.
3786 Section 61. Section 32B-7-404 is enacted to read:
3787 32B-7-404. Duties of commission and department before issuing off-premise beer
3788 retailer state license.
3789 (1) (a) Before the commission issues an off-premise beer retailer state license, the
3790 department shall conduct an investigation and may hold one or more public hearings to gather
3791 information and make recommendations to the commission regarding whether the commission
3792 should issue an off-premise beer retailer state license.
3793 (b) The department shall forward the information the department gathers and the
3794 department's recommendations to the commission.
3795 (2) Before the commission issues an off-premise beer retailer state license, the
3796 commission shall:
3797 (a) determine that the person filed a complete application and is in compliance with the
3798 provisions of this chapter;
3799 (b) determine that the person is not disqualified under Section 32B-1-304;
3800 (c) consider the physical characteristics of the premises where the beer is displayed;
3801 and
3802 (d) consider any other factor that the commission considers necessary.
3803 Section 62. Section 32B-7-405 is enacted to read:
3804 32B-7-405. Notifying department of change of ownership.
3805 The commission may suspend or revoke an off-premise beer retailer state license if an
3806 off-premise beer retailer state licensee does not immediately notify the department of a change
3807 in:
3808 (1) ownership of the licensee's business;
3809 (2) for a corporate owner, a shareholder holding at least 20% of the total issued and
3810 outstanding stock of the corporation; or
3811 (3) for a limited liability company, a member owning at least 20% of the limited
3812 liability company.
3813 Section 63. Section 32B-7-501, which is renumbered from Section 32B-7-305 is
3814 renumbered and amended to read:
3815
3816 [
3817 enforcement actions.
3818 (1) [
3819
3820 sale of an alcoholic product to a minor, the commission shall:
3821 (a) maintain a record of [
3822 under Subsection (3);
3823 (b) include in the record described in Subsection (1)(a):
3824 (i) the name of the individual who [
3825 (ii) the name of the off-premise beer retailer for whom the individual [
3826 member at the time of the violation; and
3827 (iii) the date of the adjudication of the violation; and
3828 (c) provide the information described in Subsection (1)(b) to the Highway Safety
3829 Office of the Department of Public Safety within 30 days of the date on which a violation is
3830 adjudicated.
3831 (2) (a) The [
3832 operate a system to collect, analyze, maintain, track, and disseminate the [
3833 information [
3834 Subsection (1).
3835 (b) The [
3836 described in Subsection (2)(a) available to:
3837 [
3838
3839 (i) assist the commission in assessing penalties under this title; and
3840 (ii) inform an off-premise beer retailer of an individual who has [
3841 violation history [
3842 [
3843
3844 (3) [
3845 Department of Public Safety shall expunge [
3846
3847
3848 relates to an individual if the individual [
3849 violate a provision of this title involving the sale of an alcoholic product to a minor for a period
3850 of 36 consecutive months from the day on which the individual [
3851
3852 product to a minor.
3853 [
3854
3855
3856
3857
3858
3859
3860
3861 (4) The [
3862 program to reimburse a municipal or county law enforcement agency:
3863 (a) for the actual costs of an alcohol-related compliance check investigation conducted
3864 [
3865 retailer;
3866 (b) for administrative costs associated with reporting the compliance check
3867 investigation described in Subsection (4)(a);
3868 (c) if the municipal or county law enforcement agency completes and submits to the
3869 [
3870 compliance check investigation described in Subsection (4)(a) in a format required by the
3871 [
3872 (d) in the order that the municipal or county law enforcement agency submits the report
3873 required by Subsection (4)(c) until the amount allocated by the [
3874 Department of Public Safety to reimburse a municipal or county law enforcement agency is
3875 spent.
3876 (5) The [
3877 Substance Abuse Advisory Council by no later than October 1 following a fiscal year on the
3878 following funded during the prior fiscal year:
3879 (a) compliance check investigations reimbursed under Subsection (4); and
3880 (b) the collection, analysis, maintenance, tracking, and dissemination of violation
3881 history information described in Subsection (2).
3882 Section 64. Section 32B-8-102 is amended to read:
3883 32B-8-102. Definitions.
3884 As used in this chapter:
3885 (1) "Boundary of a resort building" means the physical boundary of the land reasonably
3886 related to a resort building and any structure or improvement to that land as determined by the
3887 commission.
3888 (2) "Dwelling" means a portion of a resort building:
3889 (a) owned by one or more individuals;
3890 (b) that is used or designated for use as a residence by one or more persons; and
3891 (c) that may be rented, loaned, leased, or hired out for a period of no longer than 30
3892 consecutive days by a person who uses it for a residence.
3893 (3) "Engaged in the management of the resort" may be defined by the commission by
3894 rule.
3895 (4) "Invitee" means an individual who in accordance with Subsection 32B-8-304(11) is
3896 authorized to use a resort spa by a host who is:
3897 (a) a resident; or
3898 (b) a public customer.
3899 (5) "Provisions applicable to a sublicense" means:
3900 (a) for a full-service restaurant sublicense, Chapter 6, Part 2, Full-Service Restaurant
3901 License;
3902 (b) for a limited-service restaurant sublicense, Chapter 6, Part 3, Limited-Service
3903 Restaurant License;
3904 (c) for a [
3905 Establishment License;
3906 (d) for an on-premise banquet sublicense, Chapter 6, Part 6, On-Premise Banquet
3907 License;
3908 (e) for an on-premise beer retailer sublicense, Chapter 6, Part 7, On-Premise Beer
3909 Retailer License; and
3910 (f) for a resort spa sublicense, Part 3, Resort Spa Sublicense.
3911 (6) "Public customer" means an individual who holds a customer card in accordance
3912 with Subsection 32B-8-304(12).
3913 (7) "Resident" means an individual who:
3914 (a) owns a dwelling located within a resort building; or
3915 (b) rents lodging accommodations for 30 consecutive days or less from:
3916 (i) an owner of a dwelling described in Subsection (7)(a); or
3917 (ii) the resort licensee.
3918 (8) "Resort" means a location:
3919 (a) on which is located one resort building; and
3920 (b) that is affiliated with a ski area that physically touches the boundary of the resort
3921 building.
3922 (9) "Resort building" means a building:
3923 (a) that is primarily operated to provide dwellings or lodging accommodations;
3924 (b) that has at least 150 units that consist of a dwelling or lodging accommodations;
3925 (c) that consists of at least 400,000 square feet:
3926 (i) including only the building itself; and
3927 (ii) not including areas such as above ground surface parking; and
3928 (d) of which at least 50% of the units described in Subsection (9)(b) consist of
3929 dwellings owned by a person other than the resort licensee.
3930 (10) "Resort spa" means a spa, as defined by rule by the commission, that is within the
3931 boundary of a resort building.
3932 (11) "Sublicense" means:
3933 (a) a full-service restaurant sublicense;
3934 (b) a limited-service restaurant sublicense;
3935 (c) a [
3936 (d) an on-premise banquet sublicense;
3937 (e) an on-premise beer retailer sublicense; and
3938 (f) a resort spa sublicense.
3939 (12) "Sublicense premises" means a building, enclosure, or room used pursuant to a
3940 sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic
3941 product, unless otherwise defined in this title or in the rules made by the commission.
3942 Section 65. Section 32B-8-304 is amended to read:
3943 32B-8-304. Specific operational requirements for resort spa sublicense.
3944 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
3945 Requirements, a resort licensee, staff of the resort licensee, or a person otherwise related to a
3946 resort spa sublicense shall comply with this section.
3947 (b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a)
3948 may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and
3949 Enforcement Act, against:
3950 (i) a retail licensee;
3951 (ii) staff of the retail licensee;
3952 (iii) a person otherwise related to a resort spa sublicense; or
3953 (iv) any combination of the persons listed in this Subsection (1)(b).
3954 (2) (a) For purposes of the resort spa sublicense, the resort licensee shall ensure that a
3955 record required by this title is maintained, and a record is maintained or used for the resort spa
3956 sublicense:
3957 (i) as the department requires; and
3958 (ii) for a minimum period of three years.
3959 (b) A record is subject to inspection by an authorized representative of the commission
3960 and the department.
3961 (c) A resort licensee shall allow the department, through an auditor or examiner of the
3962 department, to audit the records for a resort spa sublicense at the times the department
3963 considers advisable.
3964 (d) The department shall audit the records for a resort spa sublicense at least once
3965 annually.
3966 (e) Section 32B-1-205 applies to a record required to be made, maintained, or used in
3967 accordance with this Subsection (2).
3968 (3) (a) A person operating under a resort spa sublicense may not sell, offer for sale, or
3969 furnish liquor at a resort spa during a period that:
3970 (i) begins at 1 a.m.; and
3971 (ii) ends at 9:59 a.m.
3972 (b) A person operating under a resort spa sublicense may sell, offer for sale, or furnish
3973 beer during the hours specified in Chapter 6, Part 7, On-Premise Beer Retailer License, for an
3974 on-premise beer retailer.
3975 (c) (i) Notwithstanding Subsections (3)(a) and (b), a resort spa shall remain open for
3976 one hour after the resort spa ceases the sale and furnishing of an alcoholic product during
3977 which time a person at the resort spa may finish consuming:
3978 (A) a single drink containing spirituous liquor;
3979 (B) a single serving of wine not exceeding five ounces;
3980 (C) a single serving of heavy beer;
3981 (D) a single serving of beer not exceeding 26 ounces; or
3982 (E) a single serving of a flavored malt beverage.
3983 (ii) A resort spa is not required to remain open:
3984 (A) after all persons have vacated the resort spa sublicense premises; or
3985 (B) during an emergency.
3986 (4) A minor may not be admitted into, use, or be on:
3987 (a) the sublicense premises of a resort spa unless accompanied by a person 21 years of
3988 age or older; or
3989 (b) a lounge or bar area of the resort spa sublicense premises.
3990 (5) A resort spa shall have food available at all times when an alcoholic product is sold,
3991 offered for sale, furnished, or consumed on the resort spa sublicense premises.
3992 (6) (a) Subject to the other provisions of this Subsection (6), a patron may not have
3993 more than two alcoholic products of any kind at a time before the patron.
3994 (b) A resort spa patron may not have two spirituous liquor drinks before the resort spa
3995 patron if one of the spirituous liquor drinks consists only of the primary spirituous liquor for
3996 the other spirituous liquor drink.
3997 (c) An individual portion of wine is considered to be one alcoholic product under this
3998 Subsection (6).
3999 (7) (a) An alcoholic product may only be consumed at a table or counter.
4000 (b) An alcoholic product may not be served to or consumed by a patron at a [
4001 dispensing structure.
4002 (8) (a) A person operating under a resort spa sublicense shall have available on the
4003 resort spa sublicense premises for a patron to review at the time that the patron requests it, a
4004 written alcoholic product price list or a menu containing the price of an alcoholic product sold
4005 or furnished by the resort spa including:
4006 (i) a set-up charge;
4007 (ii) a service charge; or
4008 (iii) a chilling fee.
4009 (b) A charge or fee made in connection with the sale, service, or consumption of liquor
4010 may be stated in food or alcoholic product menus including:
4011 (i) a set-up charge;
4012 (ii) a service charge; or
4013 (iii) a chilling fee.
4014 (9) (a) A resort licensee shall own or lease premises suitable for the resort spa's
4015 activities.
4016 (b) A resort licensee may not maintain premises in a manner that barricades or conceals
4017 the resort spa sublicense's operation.
4018 (10) Subject to the other provisions of this section, a person operating under a resort
4019 spa sublicense may not sell an alcoholic product to or allow a person to be admitted to or use
4020 the resort spa sublicense premises other than:
4021 (a) a resident;
4022 (b) a public customer who holds a valid customer card issued under Subsection (12); or
4023 (c) an invitee.
4024 (11) A person operating under a resort spa sublicense may allow an individual to be
4025 admitted to or use the resort spa sublicense premises as an invitee subject to the following
4026 conditions:
4027 (a) the individual shall be previously authorized by one of the following who agrees to
4028 host the individual as an invitee into the resort spa:
4029 (i) a resident; or
4030 (ii) a public customer as described in Subsection (10);
4031 (b) the individual has only those privileges derived from the individual's host for the
4032 duration of the invitee's visit to the resort spa; and
4033 (c) a resort licensee, resort spa, or staff of the resort licensee or resort spa may not enter
4034 into an agreement or arrangement with a resident or public customer to indiscriminately host a
4035 member of the general public into the resort spa as an invitee.
4036 (12) A person operating under a resort spa sublicense may issue a customer card to
4037 allow an individual to enter and use the resort spa sublicense premises on a temporary basis
4038 under the following conditions:
4039 (a) the resort spa may not issue a customer card for a time period that exceeds three
4040 weeks;
4041 (b) the resort spa shall assess a fee to a public customer for a customer card;
4042 (c) the resort spa may not issue a customer card to a minor; and
4043 (d) a public customer may not host more than seven invitees at one time.
4044 Section 66. Section 32B-8a-302 is amended to read:
4045 32B-8a-302. Application -- Approval process.
4046 (1) To obtain the transfer of a retail license from a retail licensee, the transferee shall
4047 file a transfer application with the department that includes:
4048 (a) an application in the form provided by the department;
4049 (b) a statement as to whether the consideration, if any, to be paid to the transferor
4050 includes payment for transfer of the retail license;
4051 (c) a statement executed under penalty of perjury that the consideration as set forth in
4052 the escrow agreement required by Section 32B-8a-401 is deposited with the escrow holder; and
4053 (d) (i) an application fee of $300; and
4054 (ii) a transfer fee determined in accordance with Section 32B-8a-303.
4055 (2) If the intended transfer of a retail license involves consideration, at least 10 days
4056 before the commission may approve the transfer, the department shall post a notice of the
4057 intended transfer on the Public Notice Website created in Section 63F-1-701 that states the
4058 following:
4059 (a) the name of the transferor;
4060 (b) the name and address of the business currently associated with the retail license;
4061 (c) instructions for filing a claim with the escrow holder; and
4062 (d) the projected date that the commission may consider the transfer application.
4063 (3) (a) (i) Before the commission may approve the transfer of a retail license, the
4064 department shall conduct an investigation and may hold public hearings to gather information
4065 and make recommendations to the commission as to whether the transfer of the retail license
4066 should be approved.
4067 (ii) The department shall forward the information and recommendations described in
4068 this Subsection (3)(a) to the commission to aid in the commission's determination.
4069 (b) Before approving a transfer, the commission shall:
4070 (i) determine that the transferee filed a complete application;
4071 (ii) determine that the transferee is eligible to hold the type of retail license that is to be
4072 transferred at the premises to which the retail license would be transferred;
4073 (iii) determine that the transferee is not delinquent in the payment of an amount
4074 described in Subsection 32B-8a-201(3);
4075 (iv) determine that the transferee is not disqualified under Section 32B-1-304;
4076 (v) consider the locality within which the proposed licensed premises is located,
4077 including the factors listed in Section 32B-5-203 for the issuance of a retail license;
4078 (vi) consider the transferee's ability to manage and operate the retail license to be
4079 transferred, including the factors listed in Section 32B-5-203 for the issuance of a retail license;
4080 (vii) consider the nature or type of retail licensee operation of the transferee, including
4081 the factors listed in Section 32B-5-203 for the issuance of a retail license;
4082 (viii) if the transfer involves consideration, determine that the transferee and transferor
4083 have complied with Part 4, Protection of Creditors; and
4084 (ix) consider any other factor the commission considers necessary.
4085 (4) [
4086 not approve the transfer of a retail license to premises that do not meet the proximity
4087 requirements of Section 32B-1-202.
4088 [
4089
4090
4091
4092
4093
4094 Section 67. Section 32B-8b-102 is amended to read:
4095 32B-8b-102. Definitions.
4096 As used in this chapter:
4097 (1) "Boundary of a hotel" means the physical boundary of the contiguous parcels of
4098 real estate owned by the same person on which is located one or more buildings and any
4099 structure or improvement to that real estate as determined by the commission.
4100 (2) "Hotel" means one or more buildings that:
4101 (a) constitute a hotel, as defined by the commission;
4102 (b) are owned by the same person or by a person who has a majority interest in and can
4103 direct or exercise control over the management or policy of the person who owns any other
4104 building under the hotel license within the boundary of the hotel;
4105 (c) primarily operate to provide lodging accommodations;
4106 (d) provide room service within the boundary of the hotel meeting the requirements of
4107 this title;
4108 (e) have on-premise banquet space and provide on-premise banquet service within the
4109 boundary of the hotel meeting the requirements of this title;
4110 (f) have a restaurant or [
4111 meeting the requirements of this title; and
4112 (g) have at least 40 guest rooms.
4113 (3) "Provisions applicable to a sublicense" means:
4114 (a) for a full-service restaurant sublicense, Chapter 6, Part 2, Full-Service Restaurant
4115 License;
4116 (b) for a limited-service restaurant sublicense, Chapter 6, Part 3, Limited-Service
4117 Restaurant License;
4118 (c) for a [
4119 Establishment License;
4120 (d) for an on-premise banquet sublicense, Chapter 6, Part 6, On-Premise Banquet
4121 License;
4122 (e) for an on-premise beer retailer sublicense, Chapter 6, Part 7, On-Premise Beer
4123 Retailer License; and
4124 (f) for a beer-only restaurant sublicense, Chapter 6, Part 9, Beer-Only Restaurant
4125 License.
4126 (4) "Sublicense" means:
4127 (a) a full-service restaurant sublicense;
4128 (b) a limited-service restaurant sublicense;
4129 (c) a [
4130 (d) an on-premise banquet sublicense;
4131 (e) an on-premise beer retailer sublicense; and
4132 (f) a beer-only restaurant sublicense.
4133 (5) "Sublicense premises" means a building, enclosure, or room used pursuant to a
4134 sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic
4135 product, unless otherwise defined in this title or in the rules made by the commission, except
4136 that sublicense premises may have only one sublicense within a room or an enclosure that is
4137 separate from a room.
4138 Section 68. Section 32B-8b-201 is amended to read:
4139 32B-8b-201. Commission's power to issue a hotel license.
4140 (1) Before a person as a hotel under a single license may store, sell, offer for sale,
4141 furnish, or allow the consumption of an alcoholic product on sublicense premises, the person
4142 shall first obtain a hotel license from the commission in accordance with this part.
4143 (2) (a) The commission may issue to a person a hotel license to allow the storage, sale,
4144 offer for sale, furnishing, and consumption of an alcoholic product in connection with a hotel
4145 designated in the hotel license if the person operates at least three sublicenses under the hotel
4146 license one of which is an on-premise banquet license and one of which is a sublicense for a
4147 restaurant or [
4148 (b) A hotel license shall:
4149 (i) consist of:
4150 (A) a general hotel license; and
4151 (B) three or more sublicenses meeting the requirements of Subsection (2)(a); and
4152 (ii) designate the boundary of the hotel and sublicenses.
4153 (c) This chapter does not prohibit an alcoholic product on the boundary of the hotel to
4154 the extent otherwise permitted by this title.
4155 (d) The commission may not issue a sublicense that is separate from a hotel license.
4156 (3) (a) The commission may not issue a total number of hotel licenses that at any time
4157 totals more than 80.
4158 (b) Subject to Subsection (3)(c), when determining the total number of licenses the
4159 commission has issued for each type of retail license, the commission may not include a
4160 sublicense as one of the retail licenses issued under the provisions applicable to the sublicense.
4161 (c) If a hotel license issued under this chapter includes a [
4162 sublicense that before the issuance of the hotel license was a [
4163 the commission shall include the [
4164 establishment licenses in determining if the total number of licenses issued under the
4165 provisions applicable to the [
4166 dividing the population of the state by the number specified in the provisions applicable to the
4167 [
4168 (d) A person may not transfer a [
4169 Transfer of Retail License Act, in a manner that circumvents the limitations of Subsection
4170 (3)(c).
4171 Section 69. Section 53-10-305 is amended to read:
4172 53-10-305. Duties of bureau chief.
4173 The bureau chief, with the consent of the commissioner, shall do the following:
4174 (1) conduct in conjunction with the state boards of education and higher education in
4175 state schools, colleges, and universities, an educational program concerning alcoholic
4176 beverages and alcoholic products, and work in conjunction with civic organizations, churches,
4177 local units of government, and other organizations in the prevention of alcoholic beverage,
4178 alcoholic product, and drug violations;
4179 (2) coordinate law enforcement programs throughout the state and accumulate and
4180 disseminate information related to the prevention, detection, and control of violations of this
4181 chapter and Title 32B, Alcoholic Beverage Control Act, as it relates to storage or consumption
4182 of an alcoholic beverage or alcoholic product on premises maintained by a [
4183 establishment licensee, or a person required to obtain a [
4184 defined in Section 32B-1-102;
4185 (3) make inspections and investigations as required by the commission and the
4186 Department of Alcoholic Beverage Control;
4187 (4) perform other acts as may be necessary or appropriate concerning control of the use
4188 of an alcoholic beverage or alcoholic product and drugs; and
4189 (5) make reports and recommendations to the Legislature, the governor, the
4190 commissioner, the commission, and the Department of Alcoholic Beverage Control as may be
4191 required or requested.
4192 Section 70. Section 53A-13-102 is amended to read:
4193 53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
4194 substances -- School-based underage drinking prevention program .
4195 (1) The State Board of Education shall adopt rules providing for instruction at each
4196 grade level on the harmful effects of alcohol, tobacco, and controlled substances upon the
4197 human body and society. The rules shall require but are not limited to instruction on the
4198 following:
4199 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
4200 alcohol, tobacco, and controlled substances;
4201 (b) directing students towards healthy and productive alternatives to the use of alcohol,
4202 tobacco, and controlled substances; and
4203 (c) discouraging the use of alcohol, tobacco, and controlled substances.
4204 (2) At the request of the board, the Division of Substance Abuse and Mental Health
4205 shall cooperate with the board in developing programs to provide this instruction.
4206 (3) The board shall participate in efforts to enhance communication among community
4207 organizations and state agencies, and shall cooperate with those entities in efforts which are
4208 compatible with the purposes of [
4209 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4210 board shall make rules that require each LEA, as defined in Section 53A-1-401, to:
4211 (a) present the school-based underage drinking prevention program as defined in
4212 Section 32B-2-306 each year to students in grade 8;
4213 (b) present the grade 10 school-based underage drinking prevention program as defined
4214 in Section 32B-2-306 each year to students in grade 10;
4215 (c) ensure that each student in grade 8 or 10 participates in the school-based underage
4216 drinking prevention program or the grade 10 school-based underage drinking prevention
4217 program, unless the student's parent or guardian excused the student from participation; and
4218 (d) coordinate with the Department of Alcoholic Beverage Control to set a date each
4219 year for the Department of Alcoholic Beverage Control or the provider with whom the
4220 Department of Alcoholic Beverage Control contracts to provide the school-based underage
4221 drinking prevention program or the grade 10 school-based underage drinking prevention
4222 program.
4223 Section 71. Section 62A-15-401 is amended to read:
4224 62A-15-401. Alcohol training and education seminar.
4225 (1) As used in this part:
4226 (a) "Instructor" means a person that directly provides the instruction during an alcohol
4227 training and education seminar for a seminar provider.
4228 (b) "Licensee" means a person who is:
4229 (i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
4230 and
4231 (B) engaged in the retail sale of an alcoholic product for consumption on the premises
4232 of the licensee; or
4233 (ii) a business that is:
4234 (A) a new or renewing licensee licensed by a city, town, or county; and
4235 (B) engaged in the retail sale of beer for consumption off the premises of the licensee.
4236 (c) "Off-premise beer retailer" is as defined in Section 32B-1-102.
4237 (d) "Seminar provider" means a person other than the division who provides an alcohol
4238 training and education seminar meeting the requirements of this section.
4239 (2) (a) This section applies to [
4240 [
4241
4242 [
4243
4244 [
4245
4246 (i) a retail manager as defined in Section 32B-5-402;
4247 (ii) retail staff as defined in Section 32B-5-402; and
4248 (iii) an individual who, as defined by division rule:
4249 [
4250 premises of an off-premise beer retailer; or
4251 [
4252 beer retailer.
4253 (b) If the individual does not have a valid record that the individual has completed an
4254 alcohol training and education seminar, an individual described in Subsection (2)(a) shall:
4255 (i) (A) complete an alcohol training and education seminar within 30 days of the
4256 following if the individual is described in Subsections (2)(a)(i) through (iii):
4257 (I) if the individual is an employee, the day the individual begins employment;
4258 (II) if the individual is an independent contractor, the day the individual is first hired;
4259 or
4260 (III) if the individual holds an ownership interest in the licensee, the day that the
4261 individual first engages in an activity that would result in that individual being required to
4262 complete an alcohol training and education seminar; or
4263 (B) complete an alcohol training and education seminar within the time periods
4264 specified in Subsection 32B-5-404(1) if the individual is described in Subsections (2)(a)(iv)
4265 and (v); and
4266 (ii) pay a fee:
4267 (A) to the seminar provider; and
4268 (B) that is equal to or greater than the amount established under Subsection (4)(h).
4269 (c) An individual shall have a valid record that the individual completed an alcohol
4270 training and education seminar within the time period provided in this Subsection (2) to engage
4271 in an activity described in Subsection (2)(a).
4272 (d) A record that an individual has completed an alcohol training and education
4273 seminar is valid for:
4274 (i) three years from the day on which the record is issued for an individual described in
4275 Subsection (2)(a)(i), (ii), or (iii); and
4276 (ii) five years from the day on which the record is issued for an individual described in
4277 Subsection (2)(a)(iv) or (v).
4278 (e) On and after July 1, 2011, to be considered as having completed an alcohol training
4279 and education seminar, an individual shall:
4280 (i) attend the alcohol training and education seminar and take any test required to
4281 demonstrate completion of the alcohol training and education seminar in the physical presence
4282 of an instructor of the seminar provider; or
4283 (ii) complete the alcohol training and education seminar and take any test required to
4284 demonstrate completion of the alcohol training and education seminar through an online course
4285 or testing program that meets the requirements described in Subsection (2)(f).
4286 (f) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
4287 Administrative Rulemaking Act, establish one or more requirements for an online course or
4288 testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
4289 the online course or testing program. In developing the requirements by rule the division shall
4290 consider whether to require:
4291 (i) authentication that the an individual accurately identifies the individual as taking the
4292 online course or test;
4293 (ii) measures to ensure that an individual taking the online course or test is focused on
4294 training material throughout the entire training period;
4295 (iii) measures to track the actual time an individual taking the online course or test is
4296 actively engaged online;
4297 (iv) a seminar provider to provide technical support, such as requiring a telephone
4298 number, email, or other method of communication that allows an individual taking the online
4299 course or test to receive assistance if the individual is unable to participate online because of
4300 technical difficulties;
4301 (v) a test to meet quality standards, including randomization of test questions and
4302 maximum time limits to take a test;
4303 (vi) a seminar provider to have a system to reduce fraud as to who completes an online
4304 course or test, such as requiring a distinct online certificate with information printed on the
4305 certificate that identifies the person taking the online course or test, or requiring measures to
4306 inhibit duplication of a certificate;
4307 (vii) measures for the division to audit online courses or tests;
4308 (viii) measures to allow an individual taking an online course or test to provide an
4309 evaluation of the online course or test;
4310 (ix) a seminar provider to track the Internet protocol address or similar electronic
4311 location of an individual who takes an online course or test;
4312 (x) an individual who takes an online course or test to use an e-signature; or
4313 (xi) a seminar provider to invalidate a certificate if the seminar provider learns that the
4314 certificate does not accurately reflect the individual who took the online course or test.
4315 (3) (a) A licensee may not permit an individual who is not in compliance with
4316 Subsection (2) to:
4317 (i) serve or supervise the serving of an alcoholic product to a customer for
4318 consumption on the premises of the licensee;
4319 (ii) engage in any activity that would constitute managing operations at the premises of
4320 a licensee that engages in the retail sale of an alcoholic product for consumption on the
4321 premises of the licensee;
4322 (iii) directly supervise the sale of beer to a customer for consumption off the premises
4323 of an off-premise beer retailer; or
4324 (iv) sell beer to a customer for consumption off the premises of an off-premise beer
4325 retailer.
4326 (b) A licensee that violates Subsection (3)(a) is subject to Section 32B-5-403.
4327 (4) The division shall:
4328 (a) (i) provide alcohol training and education seminars; or
4329 (ii) certify one or more seminar providers;
4330 (b) establish the curriculum for an alcohol training and education seminar that includes
4331 the following subjects:
4332 (i) (A) alcohol as a drug; and
4333 (B) alcohol's effect on the body and behavior;
4334 (ii) recognizing the problem drinker or signs of intoxication;
4335 (iii) an overview of state alcohol laws related to responsible beverage sale or service,
4336 as determined in consultation with the Department of Alcoholic Beverage Control;
4337 (iv) dealing with the problem customer, including ways to terminate sale or service;
4338 and
4339 (v) for those supervising or engaging in the retail sale of an alcoholic product for
4340 consumption on the premises of a licensee, alternative means of transportation to get the
4341 customer safely home;
4342 (c) recertify each seminar provider every three years;
4343 (d) monitor compliance with the curriculum described in Subsection (4)(b);
4344 (e) maintain for at least five years a record of every person who has completed an
4345 alcohol training and education seminar;
4346 (f) provide the information described in Subsection (4)(e) on request to:
4347 (i) the Department of Alcoholic Beverage Control;
4348 (ii) law enforcement; or
4349 (iii) a person licensed by the state or a local government to sell an alcoholic product;
4350 (g) provide the Department of Alcoholic Beverage Control on request a list of any
4351 seminar provider certified by the division; and
4352 (h) establish a fee amount for each person attending an alcohol training and education
4353 seminar that is sufficient to offset the division's cost of administering this section.
4354 (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
4355 Administrative Rulemaking Act:
4356 (a) define what constitutes under this section an individual who:
4357 (i) manages operations at the premises of a licensee engaged in the retail sale of an
4358 alcoholic product for consumption on the premises of the licensee;
4359 (ii) supervises the serving of an alcoholic product to a customer for consumption on the
4360 premises of a licensee;
4361 (iii) serves an alcoholic product to a customer for consumption on the premises of a
4362 licensee;
4363 (iv) directly supervises the sale of beer to a customer for consumption off the premises
4364 of an off-premise beer retailer; or
4365 (v) sells beer to a customer for consumption off the premises of an off-premise beer
4366 retailer;
4367 (b) establish criteria for certifying and recertifying a seminar provider; and
4368 (c) establish guidelines for the manner in which an instructor provides an alcohol
4369 education and training seminar.
4370 (6) A seminar provider shall:
4371 (a) obtain recertification by the division every three years;
4372 (b) ensure that an instructor used by the seminar provider:
4373 (i) follows the curriculum established under this section; and
4374 (ii) conducts an alcohol training and education seminar in accordance with the
4375 guidelines established by rule;
4376 (c) ensure that any information provided by the seminar provider or instructor of a
4377 seminar provider is consistent with:
4378 (i) the curriculum established under this section; and
4379 (ii) this section;
4380 (d) provide the division with the names of all persons who complete an alcohol training
4381 and education seminar provided by the seminar provider;
4382 (e) (i) collect a fee for each person attending an alcohol training and education seminar
4383 in accordance with Subsection (2); and
4384 (ii) forward to the division the portion of the fee that is equal to the amount described
4385 in Subsection (4)(h); and
4386 (f) issue a record to an individual that completes an alcohol training and education
4387 seminar provided by the seminar provider.
4388 (7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
4389 Administrative Procedures Act, the division finds that a seminar provider violates this section
4390 or that an instructor of the seminar provider violates this section, the division may:
4391 (i) suspend the certification of the seminar provider for a period not to exceed 90 days;
4392 (ii) revoke the certification of the seminar provider;
4393 (iii) require the seminar provider to take corrective action regarding an instructor; or
4394 (iv) prohibit the seminar provider from using an instructor until such time that the
4395 seminar provider establishes to the satisfaction of the division that the instructor is in
4396 compliance with Subsection (6)(b).
4397 (b) The division may certify a seminar provider whose certification is revoked:
4398 (i) no sooner than 90 days from the date the certification is revoked; and
4399 (ii) if the seminar provider establishes to the satisfaction of the division that the
4400 seminar provider will comply with this section.
4401 Section 72. Section 63I-2-232 is amended to read:
4402 63I-2-232. Repeal dates -- Title 32A.
4403 (1) Subsection 32B-1-102(7) is repealed July 1, 2018.
4404 (2) Subsection 32B-1-102(33)(a)(i)(B), the language that states "32B-6-205(12)(b)(ii),
4405 32B-6-305(12)(b)(ii)," and ", or 32B-6-905(12)(b)(ii)" is repealed July 1, 2018.
4406 (3) Subsection 32B-1-102(113)(b), the language that states "32B-6-205(12)(b)(ii),
4407 32B-6-305(12)(b)(ii)," and ", or 32B-6-905(12)(b)(ii)" is repealed July 1, 2018.
4408 (4) Subsection 32B-1-604(4) is repealed January 1, 2018.
4409 (5) Subsections 32B-6-202(3) and (4) are repealed July 1, 2018.
4410 (6) Section 32B-6-205 is repealed July 1, 2018.
4411 (7) Subsection 32B-6-205.2(17) is repealed July 1, 2018.
4412 (8) Section 32B-6-205.3 is repealed July 1, 2018.
4413 (9) Subsections 32B-6-302(3) and (4) are repealed July 1, 2018.
4414 (10) Section 32B-6-305 is repealed July 1, 2018.
4415 (11) Subsection 32B-6-305.2(17) is repealed July 1, 2018.
4416 (12) Section 32B-6-305.3 is repealed July 1, 2018.
4417 (13) Section 32B-6-409 is repealed July 1, 2018.
4418 (14) Subsection 32B-6-703(2)(e)(iv) is repealed July 1, 2018.
4419 (15) Subsections 32B-6-902(1)(c), (1)(d), and (2) are repealed July 1, 2018.
4420 (16) Section 32B-6-905 is repealed July 1, 2018.
4421 (17) Subsection 32B-6-905.1(17) is repealed July 1, 2018.
4422 (18) Section 32B-6-905.2 is repealed July 1, 2018.
4423 (19) Subsection 32B-8-402(1)(b) is repealed July 1, 2018.
4424 Section 73. Repealer.
4425 This bill repeals:
4426 Section 32B-6-205.1, Credit for grandfathered bar structures of full-service
4427 restaurant licensee.
4428 Section 32B-6-305.1, Credit for grandfathered bar structures for limited-service
4429 restaurant licensee.
4430 Section 32B-7-301, Title.
4431 Section 32B-7-302, Definitions.
4432 Section 32B-7-303, Penalties related to sales to minors.
4433 Section 32B-7-304, Hearings.
Legislative Review Note
Office of Legislative Research and General Counsel