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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to proof of age under the Alcoholic Beverage
10 Control Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the definition of "proof of age" under the Alcoholic Beverage Control Act
14 to include additional forms of identification issued by the government of a foreign
15 country.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 32B-1-102, as last amended by Laws of Utah 2017, Chapter 455
23 63I-2-232, as last amended by Laws of Utah 2017, Chapter 455
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 32B-1-102 is amended to read:
27 32B-1-102. Definitions.
28 As used in this title:
29 (1) "Airport lounge" means a business location:
30 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
31 (b) that is located at an international airport with a United States Customs office on the
32 premises of the international airport.
33 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
34 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
35 (3) "Alcoholic beverage" means the following:
36 (a) beer; or
37 (b) liquor.
38 (4) (a) "Alcoholic product" means a product that:
39 (i) contains at least .5% of alcohol by volume; and
40 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
41 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
42 in an amount equal to or greater than .5% of alcohol by volume.
43 (b) "Alcoholic product" includes an alcoholic beverage.
44 (c) "Alcoholic product" does not include any of the following common items that
45 otherwise come within the definition of an alcoholic product:
46 (i) except as provided in Subsection (4)(d), an extract;
47 (ii) vinegar;
48 (iii) cider;
49 (iv) essence;
50 (v) tincture;
51 (vi) food preparation; or
52 (vii) an over-the-counter medicine.
53 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
54 when it is used as a flavoring in the manufacturing of an alcoholic product.
55 (5) "Alcohol training and education seminar" means a seminar that is:
56 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
57 (b) described in Section 62A-15-401.
58 (6) "Banquet" means an event:
59 (a) that is held at one or more designated locations approved by the commission in or
60 on the premises of a:
61 (i) hotel;
62 (ii) resort facility;
63 (iii) sports center; or
64 (iv) convention center;
65 (b) for which there is a contract:
66 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
67 and
68 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
69 provide an alcoholic product at the event; and
70 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
71 [
72 Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
73 (b) " Bar establishment license" includes:
74 (i) a dining club license;
75 (ii) an equity license;
76 (iii) a fraternal license; or
77 (iv) a bar license.
78 [
79 License Act, and Chapter 6, Part 4, Bar Establishment License.
80 [
81 any place of the surface or structure an alcoholic product is:
82 (a) stored; or
83 (b) dispensed.
84 (10) (a) Subject to Subsection (10)(d), "beer" means a product that:
85 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
86 volume or 3.2% by weight; and
87 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
88 (b) "Beer" may or may not contain hops or other vegetable products.
89 (c) "Beer" includes a product that:
90 (i) contains alcohol in the percentages described in Subsection (10)(a); and
91 (ii) is referred to as:
92 (A) beer;
93 (B) ale;
94 (C) porter;
95 (D) stout;
96 (E) lager; or
97 (F) a malt or malted beverage.
98 (d) "Beer" does not include a flavored malt beverage.
99 (11) "Beer-only restaurant license" means a license issued in accordance with Chapter
100 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
101 (12) "Beer retailer" means a business that:
102 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
103 for consumption on or off the business premises; and
104 (b) is licensed as:
105 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
106 Retailer Local Authority; or
107 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
108 Chapter 6, Part 7, On-Premise Beer Retailer License.
109 (13) "Beer wholesaling license" means a license:
110 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
111 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
112 retail licensees or off-premise beer retailers.
113 (14) "Billboard" means a public display used to advertise, including:
114 (a) a light device;
115 (b) a painting;
116 (c) a drawing;
117 (d) a poster;
118 (e) a sign;
119 (f) a signboard; or
120 (g) a scoreboard.
121 (15) "Brewer" means a person engaged in manufacturing:
122 (a) beer;
123 (b) heavy beer; or
124 (c) a flavored malt beverage.
125 (16) "Brewery manufacturing license" means a license issued in accordance with
126 Chapter 11, Part 5, Brewery Manufacturing License.
127 (17) "Certificate of approval" means a certificate of approval obtained from the
128 department under Section 32B-11-201.
129 (18) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
130 a bus company to a group of persons pursuant to a common purpose:
131 (a) under a single contract;
132 (b) at a fixed charge in accordance with the bus company's tariff; and
133 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
134 motor vehicle, and a driver to travel together to one or more specified destinations.
135 (19) "Church" means a building:
136 (a) set apart for worship;
137 (b) in which religious services are held;
138 (c) with which clergy is associated; and
139 (d) that is tax exempt under the laws of this state.
140 (20) "Commission" means the Alcoholic Beverage Control Commission created in
141 Section 32B-2-201.
142 (21) "Commissioner" means a member of the commission.
143 (22) "Community location" means:
144 (a) a public or private school;
145 (b) a church;
146 (c) a public library;
147 (d) a public playground; or
148 (e) a public park.
149 (23) "Community location governing authority" means:
150 (a) the governing body of the community location; or
151 (b) if the commission does not know who is the governing body of a community
152 location, a person who appears to the commission to have been given on behalf of the
153 community location the authority to prohibit an activity at the community location.
154 (24) "Container" means a receptacle that contains an alcoholic product, including:
155 (a) a bottle;
156 (b) a vessel; or
157 (c) a similar item.
158 (25) "Convention center" means a facility that is:
159 (a) in total at least 30,000 square feet; and
160 (b) otherwise defined as a "convention center" by the commission by rule.
161 (26) (a) "Counter" means a surface or structure in a dining area of a licensed premises
162 where seating is provided to a patron for service of food.
163 (b) "Counter" does not include a dispensing structure.
164 (27) "Department" means the Department of Alcoholic Beverage Control created in
165 Section 32B-2-203.
166 (28) "Department compliance officer" means an individual who is:
167 (a) an auditor or inspector; and
168 (b) employed by the department.
169 (29) "Department sample" means liquor that is placed in the possession of the
170 department for testing, analysis, and sampling.
171 (30) "Dining club license" means a license issued in accordance with Chapter 5, Retail
172 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
173 commission as a dining club license.
174 (31) "Director," unless the context requires otherwise, means the director of the
175 department.
176 (32) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
177 title:
178 (a) against a person subject to administrative action; and
179 (b) that is brought on the basis of a violation of this title.
180 (33) (a) Subject to Subsection (33)(b), "dispense" means:
181 (i) drawing of an alcoholic product:
182 (A) from an area where it is stored; or
183 (B) as provided in Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii),
184 32B-6-805(15)(b)(ii), or 32B-6-905(12)(b)(ii); and
185 (ii) using the alcoholic product described in Subsection (33)(a)(i) on the premises of
186 the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
187 retail licensee.
188 (b) The definition of "dispense" in this Subsection (33) applies only to:
189 (i) a full-service restaurant license;
190 (ii) a limited-service restaurant license;
191 (iii) a reception center license; and
192 (iv) a beer-only restaurant license.
193 (34) "Dispensing structure" means a surface or structure on a licensed premises:
194 (a) where an alcoholic product is stored or dispensed; or
195 (b) from which an alcoholic product is served.
196 (35) "Distillery manufacturing license" means a license issued in accordance with
197 Chapter 11, Part 4, Distillery Manufacturing License.
198 (36) "Distressed merchandise" means an alcoholic product in the possession of the
199 department that is saleable, but for some reason is unappealing to the public.
200 (37) "Educational facility" includes:
201 (a) a nursery school;
202 (b) an infant day care center; and
203 (c) a trade and technical school.
204 (38) "Equity license" means a license issued in accordance with Chapter 5, Retail
205 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
206 commission as an equity license.
207 (39) "Event permit" means:
208 (a) a single event permit; or
209 (b) a temporary beer event permit.
210 (40) "Exempt license" means a license exempt under Section 32B-1-201 from being
211 considered in determining the total number of retail licenses that the commission may issue at
212 any time.
213 (41) (a) "Flavored malt beverage" means a beverage:
214 (i) that contains at least .5% alcohol by volume;
215 (ii) that is treated by processing, filtration, or another method of manufacture that is not
216 generally recognized as a traditional process in the production of a beer as described in 27
217 C.F.R. Sec. 25.55;
218 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
219 extract; and
220 (iv) (A) for which the producer is required to file a formula for approval with the
221 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
222 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
223 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
224 (42) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
225 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
226 commission as a fraternal license.
227 (43) "Full-service restaurant license" means a license issued in accordance with
228 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
229 (44) (a) "Furnish" means by any means to provide with, supply, or give an individual
230 an alcoholic product, by sale or otherwise.
231 (b) "Furnish" includes to:
232 (i) serve;
233 (ii) deliver; or
234 (iii) otherwise make available.
235 (45) "Guest" means an individual who meets the requirements of Subsection
236 32B-6-407(9).
237 (46) "Health care practitioner" means:
238 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
239 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
240 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
241 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
242 Act;
243 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
244 Nurse Practice Act;
245 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
246 Practice Act;
247 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
248 Therapy Practice Act;
249 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
250 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
251 Professional Practice Act;
252 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
253 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
254 Practice Act;
255 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
256 Hygienist Practice Act; and
257 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
258 (47) (a) "Heavy beer" means a product that:
259 (i) contains more than 4% alcohol by volume; and
260 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
261 (b) "Heavy beer" is considered liquor for the purposes of this title.
262 (48) "Hotel" is as defined by the commission by rule.
263 (49) "Hotel license" means a license issued in accordance with Chapter 5, Retail
264 License Act, and Chapter 8b, Hotel License Act.
265 (50) "Identification card" means an identification card issued under Title 53, Chapter 3,
266 Part 8, Identification Card Act.
267 (51) "Industry representative" means an individual who is compensated by salary,
268 commission, or other means for representing and selling an alcoholic product of a
269 manufacturer, supplier, or importer of liquor.
270 (52) "Industry representative sample" means liquor that is placed in the possession of
271 the department for testing, analysis, and sampling by a local industry representative on the
272 premises of the department to educate the local industry representative of the quality and
273 characteristics of the product.
274 (53) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
275 of an alcoholic product is prohibited by:
276 (a) law; or
277 (b) court order.
278 (54) "Intoxicated" means that a person:
279 (a) is significantly impaired as to the person's mental or physical functions as a result of
280 the use of:
281 (i) an alcoholic product;
282 (ii) a controlled substance;
283 (iii) a substance having the property of releasing toxic vapors; or
284 (iv) a combination of Subsections (54)(a)(i) through (iii); and
285 (b) exhibits plain and easily observed outward manifestations of behavior or physical
286 signs produced by the overconsumption of an alcoholic product.
287 (55) "Investigator" means an individual who is:
288 (a) a department compliance officer; or
289 (b) a nondepartment enforcement officer.
290 (56) "Invitee" means the same as that term is defined in Section 32B-8-102.
291 (57) "License" means:
292 (a) a retail license;
293 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
294 Licenses Act;
295 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
296 or
297 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
298 (58) "Licensee" means a person who holds a license.
299 (59) "Limited-service restaurant license" means a license issued in accordance with
300 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
301 (60) "Limousine" means a motor vehicle licensed by the state or a local authority, other
302 than a bus or taxicab:
303 (a) in which the driver and a passenger are separated by a partition, glass, or other
304 barrier;
305 (b) that is provided by a business entity to one or more individuals at a fixed charge in
306 accordance with the business entity's tariff; and
307 (c) to give the one or more individuals the exclusive use of the limousine and a driver
308 to travel to one or more specified destinations.
309 (61) (a) (i) "Liquor" means a liquid that:
310 (A) is:
311 (I) alcohol;
312 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
313 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
314 (IV) other drink or drinkable liquid; and
315 (B) (I) contains at least .5% alcohol by volume; and
316 (II) is suitable to use for beverage purposes.
317 (ii) "Liquor" includes:
318 (A) heavy beer;
319 (B) wine; and
320 (C) a flavored malt beverage.
321 (b) "Liquor" does not include beer.
322 (62) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
323 (63) "Liquor warehousing license" means a license that is issued:
324 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
325 (b) to a person, other than a licensed manufacturer, who engages in the importation for
326 storage, sale, or distribution of liquor regardless of amount.
327 (64) "Local authority" means:
328 (a) for premises that are located in an unincorporated area of a county, the governing
329 body of a county; or
330 (b) for premises that are located in an incorporated city, town, or metro township, the
331 governing body of the city, town, or metro township.
332 (65) "Lounge or bar area" is as defined by rule made by the commission.
333 (66) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
334 otherwise make an alcoholic product for personal use or for sale or distribution to others.
335 (67) "Member" means an individual who, after paying regular dues, has full privileges
336 in an equity licensee or fraternal licensee.
337 (68) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
338 or homeport facility for a ship:
339 (i) (A) under the control of the United States Department of Defense; or
340 (B) of the National Guard;
341 (ii) that is located within the state; and
342 (iii) including a leased facility.
343 (b) "Military installation" does not include a facility used primarily for:
344 (i) civil works;
345 (ii) a rivers and harbors project; or
346 (iii) a flood control project.
347 (69) "Minor" means an individual under the age of 21 years.
348 (70) "Nondepartment enforcement agency" means an agency that:
349 (a) (i) is a state agency other than the department; or
350 (ii) is an agency of a county, city, town, or metro township; and
351 (b) has a responsibility to enforce one or more provisions of this title.
352 (71) "Nondepartment enforcement officer" means an individual who is:
353 (a) a peace officer, examiner, or investigator; and
354 (b) employed by a nondepartment enforcement agency.
355 (72) (a) "Off-premise beer retailer" means a beer retailer who is:
356 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
357 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
358 premises.
359 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
360 (73) "Off-premise beer retailer state license" means a state license issued in accordance
361 with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
362 (74) "On-premise banquet license" means a license issued in accordance with Chapter
363 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
364 (75) "On-premise beer retailer" means a beer retailer who is:
365 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
366 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
367 Retailer License; and
368 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
369 premises:
370 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
371 premises; and
372 (ii) on and after March 1, 2012, operating:
373 (A) as a tavern; or
374 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
375 (76) "Opaque" means impenetrable to sight.
376 (77) "Package agency" means a retail liquor location operated:
377 (a) under an agreement with the department; and
378 (b) by a person:
379 (i) other than the state; and
380 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
381 Agency, to sell packaged liquor for consumption off the premises of the package agency.
382 (78) "Package agent" means a person who holds a package agency.
383 (79) "Patron" means an individual to whom food, beverages, or services are sold,
384 offered for sale, or furnished, or who consumes an alcoholic product including:
385 (a) a customer;
386 (b) a member;
387 (c) a guest;
388 (d) an attendee of a banquet or event;
389 (e) an individual who receives room service;
390 (f) a resident of a resort;
391 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102;
392 or
393 (h) an invitee.
394 (80) "Permittee" means a person issued a permit under:
395 (a) Chapter 9, Event Permit Act; or
396 (b) Chapter 10, Special Use Permit Act.
397 (81) "Person subject to administrative action" means:
398 (a) a licensee;
399 (b) a permittee;
400 (c) a manufacturer;
401 (d) a supplier;
402 (e) an importer;
403 (f) one of the following holding a certificate of approval:
404 (i) an out-of-state brewer;
405 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
406 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
407 (g) staff of:
408 (i) a person listed in Subsections (81)(a) through (f); or
409 (ii) a package agent.
410 (82) "Premises" means a building, enclosure, or room used in connection with the
411 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
412 unless otherwise defined in this title or rules made by the commission.
413 (83) "Prescription" means an order issued by a health care practitioner when:
414 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
415 to prescribe a controlled substance, other drug, or device for medicinal purposes;
416 (b) the order is made in the course of that health care practitioner's professional
417 practice; and
418 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
419 (84) (a) "Private event" means a specific social, business, or recreational event:
420 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
421 group; and
422 (ii) that is limited in attendance to people who are specifically designated and their
423 guests.
424 (b) "Private event" does not include an event to which the general public is invited,
425 whether for an admission fee or not.
426 (85) (a) "Proof of age" means:
427 (i) an identification card;
428 (ii) an identification that:
429 (A) is substantially similar to an identification card;
430 (B) is issued in accordance with the laws of a state other than Utah in which the
431 identification is issued;
432 (C) includes date of birth; and
433 (D) has a picture affixed;
434 (iii) a valid driver license certificate that:
435 (A) includes date of birth;
436 (B) has a picture affixed; and
437 (C) is issued:
438 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
439 (II) in accordance with the laws of the state in which it is issued;
440 (iv) a military identification card that:
441 (A) includes date of birth; and
442 (B) has a picture affixed; [
443 (v) a valid passport[
444 (vi) a government-issued identification from a foreign country that:
445 (A) is substantially similar to an identification card or a driver license certificate
446 described in Subsection (85)(a)(iii);
447 (B) is issued in accordance with all applicable laws;
448 (C) includes date of birth; and
449 (D) has a picture affixed.
450 (b) "Proof of age" does not include a driving privilege card issued in accordance with
451 Section 53-3-207.
452 (86) (a) "Public building" means a building or permanent structure that is:
453 (i) owned or leased by:
454 (A) the state; or
455 (B) a local government entity; and
456 (ii) used for:
457 (A) public education;
458 (B) transacting public business; or
459 (C) regularly conducting government activities.
460 (b) "Public building" does not include a building owned by the state or a local
461 government entity when the building is used by a person, in whole or in part, for a proprietary
462 function.
463 (87) "Public conveyance" means a conveyance that the public or a portion of the public
464 has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
465 other public conveyance.
466 (88) "Reception center" means a business that:
467 (a) operates facilities that are at least 5,000 square feet; and
468 (b) has as its primary purpose the leasing of the facilities described in Subsection
469 (88)(a) to a third party for the third party's event.
470 (89) "Reception center license" means a license issued in accordance with Chapter 5,
471 Retail License Act, and Chapter 6, Part 8, Reception Center License.
472 (90) (a) "Record" means information that is:
473 (i) inscribed on a tangible medium; or
474 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
475 (b) "Record" includes:
476 (i) a book;
477 (ii) a book of account;
478 (iii) a paper;
479 (iv) a contract;
480 (v) an agreement;
481 (vi) a document; or
482 (vii) a recording in any medium.
483 (91) "Residence" means a person's principal place of abode within Utah.
484 (92) "Resident," in relation to a resort, means the same as that term is defined in
485 Section 32B-8-102.
486 (93) "Resort" means the same as that term is defined in Section 32B-8-102.
487 (94) "Resort facility" is as defined by the commission by rule.
488 (95) "Resort license" means a license issued in accordance with Chapter 5, Retail
489 License Act, and Chapter 8, Resort License Act.
490 (96) "Responsible alcohol service plan" means a written set of policies and procedures
491 that outlines measures to prevent employees from:
492 (a) over-serving alcoholic beverages to customers;
493 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
494 intoxicated; and
495 (c) serving alcoholic beverages to minors.
496 (97) "Restaurant" means a business location:
497 (a) at which a variety of foods are prepared;
498 (b) at which complete meals are served to the general public; and
499 (c) that is engaged primarily in serving meals to the general public.
500 (98) "Retail license" means one of the following licenses issued under this title:
501 (a) a full-service restaurant license;
502 (b) a master full-service restaurant license;
503 (c) a limited-service restaurant license;
504 (d) a master limited-service restaurant license;
505 (e) a bar establishment license;
506 (f) an airport lounge license;
507 (g) an on-premise banquet license;
508 (h) an on-premise beer license;
509 (i) a reception center license;
510 (j) a beer-only restaurant license;
511 (k) a resort license; or
512 (l) a hotel license.
513 (99) "Room service" means furnishing an alcoholic product to a person in a guest room
514 of a:
515 (a) hotel; or
516 (b) resort facility.
517 (100) (a) "School" means a building used primarily for the general education of minors.
518 (b) "School" does not include an educational facility.
519 (101) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
520 consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
521 delivered for value, or by a means or under a pretext is promised or obtained, whether done by
522 a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
523 made by the commission.
524 (102) "Serve" means to place an alcoholic product before an individual.
525 (103) "Sexually oriented entertainer" means a person who while in a state of
526 seminudity appears at or performs:
527 (a) for the entertainment of one or more patrons;
528 (b) on the premises of:
529 (i) a bar licensee; or
530 (ii) a tavern;
531 (c) on behalf of or at the request of the licensee described in Subsection (103)(b);
532 (d) on a contractual or voluntary basis; and
533 (e) whether or not the person is designated as:
534 (i) an employee;
535 (ii) an independent contractor;
536 (iii) an agent of the licensee; or
537 (iv) a different type of classification.
538 (104) "Single event permit" means a permit issued in accordance with Chapter 9, Part
539 3, Single Event Permit.
540 (105) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
541 beer, heavy beer, and flavored malt beverages per year.
542 (106) "Special use permit" means a permit issued in accordance with Chapter 10,
543 Special Use Permit Act.
544 (107) (a) "Spirituous liquor" means liquor that is distilled.
545 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
546 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
547 (108) "Sports center" is as defined by the commission by rule.
548 (109) (a) "Staff" means an individual who engages in activity governed by this title:
549 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
550 holder;
551 (ii) at the request of the business, including a package agent, licensee, permittee, or
552 certificate holder; or
553 (iii) under the authority of the business, including a package agent, licensee, permittee,
554 or certificate holder.
555 (b) "Staff" includes:
556 (i) an officer;
557 (ii) a director;
558 (iii) an employee;
559 (iv) personnel management;
560 (v) an agent of the licensee, including a managing agent;
561 (vi) an operator; or
562 (vii) a representative.
563 (110) "State of nudity" means:
564 (a) the appearance of:
565 (i) the nipple or areola of a female human breast;
566 (ii) a human genital;
567 (iii) a human pubic area; or
568 (iv) a human anus; or
569 (b) a state of dress that fails to opaquely cover:
570 (i) the nipple or areola of a female human breast;
571 (ii) a human genital;
572 (iii) a human pubic area; or
573 (iv) a human anus.
574 (111) "State of seminudity" means a state of dress in which opaque clothing covers no
575 more than:
576 (a) the nipple and areola of the female human breast in a shape and color other than the
577 natural shape and color of the nipple and areola; and
578 (b) the human genitals, pubic area, and anus:
579 (i) with no less than the following at its widest point:
580 (A) four inches coverage width in the front of the human body; and
581 (B) five inches coverage width in the back of the human body; and
582 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
583 (112) (a) "State store" means a facility for the sale of packaged liquor:
584 (i) located on premises owned or leased by the state; and
585 (ii) operated by a state employee.
586 (b) "State store" does not include:
587 (i) a package agency;
588 (ii) a licensee; or
589 (iii) a permittee.
590 (113) (a) "Storage area" means an area on licensed premises where the licensee stores
591 an alcoholic product.
592 (b) "Store" means to place or maintain in a location an alcoholic product from which a
593 person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
594 Subsection 32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii), 32B-6-805(15)(b)(ii), or
595 32B-6-905(12)(b)(ii).
596 (114) "Sublicense" means the same as that term is defined in Section 32B-8-102 or
597 32B-8b-102.
598 (115) "Supplier" means a person who sells an alcoholic product to the department.
599 (116) "Tavern" means an on-premise beer retailer who is:
600 (a) issued a license by the commission in accordance with Chapter 5, Retail License
601 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
602 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
603 On-Premise Beer Retailer License.
604 (117) "Temporary beer event permit" means a permit issued in accordance with
605 Chapter 9, Part 4, Temporary Beer Event Permit.
606 (118) "Temporary domicile" means the principal place of abode within Utah of a
607 person who does not have a present intention to continue residency within Utah permanently or
608 indefinitely.
609 (119) "Translucent" means a substance that allows light to pass through, but does not
610 allow an object or person to be seen through the substance.
611 (120) "Unsaleable liquor merchandise" means a container that:
612 (a) is unsaleable because the container is:
613 (i) unlabeled;
614 (ii) leaky;
615 (iii) damaged;
616 (iv) difficult to open; or
617 (v) partly filled;
618 (b) (i) has faded labels or defective caps or corks;
619 (ii) has contents that are:
620 (A) cloudy;
621 (B) spoiled; or
622 (C) chemically determined to be impure; or
623 (iii) contains:
624 (A) sediment; or
625 (B) a foreign substance; or
626 (c) is otherwise considered by the department as unfit for sale.
627 (121) (a) "Wine" means an alcoholic product obtained by the fermentation of the
628 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
629 another ingredient is added.
630 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
631 in this title.
632 (122) "Winery manufacturing license" means a license issued in accordance with
633 Chapter 11, Part 3, Winery Manufacturing License.
634 Section 2. Section 63I-2-232 is amended to read:
635 63I-2-232. Repeal dates -- Title 32B.
636 (1) Subsection 32B-1-102[
637 (2) Subsection 32B-1-102(33)(a)(i)(B), the language that states "32B-6-205(12)(b)(ii),
638 32B-6-305(12)(b)(ii)," and ", or 32B-6-905(12)(b)(ii)" is repealed July 1, 2022.
639 (3) Subsection 32B-1-102[
640 "32B-6-205(12)(b)(ii), 32B-6-305(12)(b)(ii)," and ", or 32B-6-905(12)(b)(ii)" is repealed July
641 1, 2022.
642 (4) Subsection 32B-1-604(4) is repealed June 1, 2018.
643 (5) Subsections 32B-6-202(3) and (4) are repealed July 1, 2022.
644 (6) Section 32B-6-205 is repealed July 1, 2022.
645 (7) Subsection 32B-6-205.2(17) is repealed July 1, 2022.
646 (8) Section 32B-6-205.3 is repealed July 1, 2022.
647 (9) Subsections 32B-6-302(3) and (4) are repealed July 1, 2022.
648 (10) Section 32B-6-305 is repealed July 1, 2022.
649 (11) Subsection 32B-6-305.2(17) is repealed July 1, 2022.
650 (12) Section 32B-6-305.3 is repealed July 1, 2022.
651 (13) Section 32B-6-404.1 is repealed July 1, 2022.
652 (14) Section 32B-6-409 is repealed July 1, 2022.
653 (15) Subsection 32B-6-703(2)(e)(iv) is repealed July 1, 2022.
654 (16) Subsections 32B-6-902(1)(c), (1)(d), and (2) are repealed July 1, 2022.
655 (17) Section 32B-6-905 is repealed July 1, 2022.
656 (18) Subsection 32B-6-905.1(17) is repealed July 1, 2022.
657 (19) Section 32B-6-905.2 is repealed July 1, 2022.
658 (20) Section 32B-7-303 is repealed March 1, 2019.
659 (21) Section 32B-7-304 is repealed March 1, 2019.
660 (22) Subsection 32B-8-402(1)(b) is repealed July 1, 2022.
Legislative Review Note
Office of Legislative Research and General Counsel