1     
ONLINE BEER ORDER AND DELIVERY AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Beer Delivery License Act under the Alcoholic Beverage Control
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     grants the Alcoholic Beverage Control Commission power to issue a beer delivery
15     license under certain conditions;
16          ▸     establishes application requirements for a beer delivery license;
17          ▸     establishes renewal requirements for a beer delivery license;
18          ▸     requires a beer delivery licensee to notify the Department of Alcoholic Beverage
19     Control of certain changes in ownership;
20          ▸     establishes operational requirements for a beer delivery licensee;
21          ▸     amends provisions related to tracking violations involving the sale of an alcoholic
22     beverage to a minor;
23          ▸     permits the Alcoholic Beverage Control Commission to take certain actions if an
24     authorized delivery agent fails to complete an alcohol training and education
25     seminar;
26          ▸     requires the Department of Alcoholic Beverage Control and the Division of
27     Substance Abuse and Mental Health to establish training for authorized delivery
28     agents; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          32B-1-102, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 3
37     and 4
38          32B-1-305, as last amended by Laws of Utah 2020, Chapter 219
39          32B-1-407, as last amended by Laws of Utah 2018, Chapter 249
40          32B-1-607, as last amended by Laws of Utah 2020, Chapter 219
41          32B-1-702, as renumbered and amended by Laws of Utah 2019, Chapter 403
42          32B-1-704, as renumbered and amended by Laws of Utah 2019, Chapter 403
43          32B-1-705, as renumbered and amended by Laws of Utah 2019, Chapter 403
44          32B-2-202, as last amended by Laws of Utah 2020, Chapter 219
45          62A-15-401, as last amended by Laws of Utah 2019, Chapter 403
46          63I-2-232, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 6
47     ENACTS:
48          32B-7a-101, Utah Code Annotated 1953
49          32B-7a-102, Utah Code Annotated 1953
50          32B-7a-201, Utah Code Annotated 1953
51          32B-7a-202, Utah Code Annotated 1953
52          32B-7a-203, Utah Code Annotated 1953
53          32B-7a-204, Utah Code Annotated 1953
54          32B-7a-301, Utah Code Annotated 1953
55          32B-7a-302, Utah Code Annotated 1953
56          32B-7a-303, Utah Code Annotated 1953
57          32B-7a-304, Utah Code Annotated 1953
58     

59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 32B-1-102 is amended to read:
61          32B-1-102. Definitions.
62          As used in this title:
63          (1) "Airport lounge" means a business location:
64          (a) at which an alcoholic product is sold at retail for consumption on the premises; and
65          (b) that is located at an international airport.
66          (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
67     Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
68          (3) "Alcoholic beverage" means the following:
69          (a) beer; or
70          (b) liquor.
71          (4) (a) "Alcoholic product" means a product that:
72          (i) contains at least .5% of alcohol by volume; and
73          (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
74     process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
75     in an amount equal to or greater than .5% of alcohol by volume.
76          (b) "Alcoholic product" includes an alcoholic beverage.
77          (c) "Alcoholic product" does not include any of the following common items that
78     otherwise come within the definition of an alcoholic product:
79          (i) except as provided in Subsection (4)(d), an extract;
80          (ii) vinegar;
81          (iii) preserved nonintoxicating cider;
82          (iv) essence;
83          (v) tincture;
84          (vi) food preparation; or
85          (vii) an over-the-counter medicine.
86          (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
87     when it is used as a flavoring in the manufacturing of an alcoholic product.
88          (5) "Alcohol training and education seminar" means a seminar that is:
89          (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
90          (b) described in Section 62A-15-401.
91          (6) "Arena" means an enclosed building:
92          (a) that is managed by:
93          (i) the same person who owns the enclosed building;
94          (ii) a person who has a majority interest in each person who owns or manages a space
95     in the enclosed building; or
96          (iii) a person who has authority to direct or exercise control over the management or
97     policy of each person who owns or manages a space in the enclosed building;
98          (b) that operates as a venue; and
99          (c) that has an occupancy capacity of at least 12,500.
100          (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
101     License Act, and Chapter 8c, Arena License Act.
102          (8) (a) "Authorized delivery agent" means an individual whom a beer delivery licensee
103     authorizes to make an off-premise beer delivery on behalf of the licensee.
104          (b) "Authorized delivery agent" includes:
105          (i) staff of a beer delivery licensee; or
106          (ii) an individual who:
107          (A) is an independent contractor; and
108          (B) contracts with a beer delivery licensee to make an off-premise beer delivery.
109          [(8)] (9) "Banquet" means an event:
110          (a) that is a private event or a privately sponsored event;
111          (b) that is held at one or more designated locations approved by the commission in or
112     on the premises of:
113          (i) a hotel;
114          (ii) a resort facility;
115          (iii) a sports center;
116          (iv) a convention center;
117          (v) a performing arts facility; or
118          (vi) an arena;
119          (c) for which there is a contract:
120          (i) between a person operating a facility listed in Subsection [(8)] (9)(b) and another
121     person that has common ownership of less than 20% with the person operating the facility; and
122          (ii) under which the person operating a facility listed in Subsection [(8)] (9)(b) is
123     required to provide an alcoholic product at the event; and
124          (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
125          [(9)] (10) "Bar structure" means a surface or structure on a licensed premises if on or at
126     any place of the surface or structure an alcoholic product is:
127          (a) stored; or
128          (b) dispensed.
129          [(10)] (11) (a) "Bar establishment license" means a license issued in accordance with
130     Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
131          (b) "Bar establishment license" includes:
132          (i) a dining club license;
133          (ii) an equity license;
134          (iii) a fraternal license; or
135          (iv) a bar license.
136          [(11)] (12) "Bar license" means a license issued in accordance with Chapter 5, Retail
137     License Act, and Chapter 6, Part 4, Bar Establishment License.
138          [(12)] (13) (a) Subject to Subsection [(12)] (13)(d), "beer" means a product that:
139          (i) contains at least .5% of alcohol by volume, but not more than 5% of alcohol by
140     volume or 4% by weight; and
141          (ii) is obtained by fermentation, infusion, or decoction of malted grain.
142          (b) "Beer" may or may not contain hops or other vegetable products.
143          (c) "Beer" includes a product that:
144          (i) contains alcohol in the percentages described in Subsection [(12)] (13)(a); and
145          (ii) is referred to as:
146          (A) beer;
147          (B) ale;
148          (C) porter;
149          (D) stout;
150          (E) lager; or
151          (F) a malt or malted beverage.
152          (d) "Beer" does not include a flavored malt beverage.
153          (14) "Beer delivery license" means a licensed issued in accordance with Chapter 7a,
154     Beer Delivery License Act.
155          [(13)] (15) "Beer-only restaurant license" means a license issued in accordance with
156     Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
157          [(14)] (16) "Beer retailer" means a business that:
158          (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
159     for consumption on or off the business premises; and
160          (b) is licensed as:
161          (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
162     Retailer Local Authority; or
163          (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
164     Chapter 6, Part 7, On-Premise Beer Retailer License.
165          [(15)] (17) "Beer wholesaling license" means a license:
166          (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
167          (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
168     retail licensees or off-premise beer retailers.
169          [(16)] (18) "Billboard" means a public display used to advertise, including:
170          (a) a light device;
171          (b) a painting;
172          (c) a drawing;
173          (d) a poster;
174          (e) a sign;
175          (f) a signboard; or
176          (g) a scoreboard.
177          [(17)] (19) "Brewer" means a person engaged in manufacturing:
178          (a) beer;
179          (b) heavy beer; or
180          (c) a flavored malt beverage.
181          [(18)] (20) "Brewery manufacturing license" means a license issued in accordance with
182     Chapter 11, Part 5, Brewery Manufacturing License.
183          [(19)] (21) "Certificate of approval" means a certificate of approval obtained from the
184     department under Section 32B-11-201.
185          [(20)] (22) "Chartered bus" means a passenger bus, coach, or other motor vehicle
186     provided by a bus company to a group of persons pursuant to a common purpose:
187          (a) under a single contract;
188          (b) at a fixed charge in accordance with the bus company's tariff; and
189          (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
190     motor vehicle, and a driver to travel together to one or more specified destinations.
191          [(21)] (23) "Church" means a building:
192          (a) set apart for worship;
193          (b) in which religious services are held;
194          (c) with which clergy is associated; and
195          (d) that is tax exempt under the laws of this state.
196          [(22)] (24) "Commission" means the Alcoholic Beverage Control Commission created
197     in Section 32B-2-201.
198          [(23)] (25) "Commissioner" means a member of the commission.
199          [(24)] (26) "Community location" means:
200          (a) a public or private school;
201          (b) a church;
202          (c) a public library;
203          (d) a public playground; or
204          (e) a public park.
205          [(25)] (27) "Community location governing authority" means:
206          (a) the governing body of the community location; or
207          (b) if the commission does not know who is the governing body of a community
208     location, a person who appears to the commission to have been given on behalf of the
209     community location the authority to prohibit an activity at the community location.
210          [(26)] (28) "Container" means a receptacle that contains an alcoholic product,
211     including:
212          (a) a bottle;
213          (b) a vessel; or
214          (c) a similar item.
215          [(27)] (29) "Convention center" means a facility that is:
216          (a) in total at least 30,000 square feet; and
217          (b) otherwise defined as a "convention center" by the commission by rule.
218          [(28)] (30) (a) "Counter" means a surface or structure in a dining area of a licensed
219     premises where seating is provided to a patron for service of food.
220          (b) "Counter" does not include a dispensing structure.
221          [(29)] (31) "Crime involving moral turpitude" is as defined by the commission by rule.
222          [(30)] (32) "Department" means the Department of Alcoholic Beverage Control created
223     in Section 32B-2-203.
224          [(31)] (33) "Department compliance officer" means an individual who is:
225          (a) an auditor or inspector; and
226          (b) employed by the department.
227          [(32)] (34) "Department sample" means liquor that is placed in the possession of the
228     department for testing, analysis, and sampling.
229          [(33)] (35) "Dining club license" means a license issued in accordance with Chapter 5,
230     Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
231     commission as a dining club license.
232          [(34)] (36) "Director," unless the context requires otherwise, means the director of the
233     department.
234          [(35)] (37) "Disciplinary proceeding" means an adjudicative proceeding permitted
235     under this title:
236          (a) against a person subject to administrative action; and
237          (b) that is brought on the basis of a violation of this title.
238          [(36)] (38) (a) Subject to Subsection [(36)] (38)(b), "dispense" means:
239          (i) drawing an alcoholic product; and
240          (ii) using the alcoholic product at the location from which it was drawn to mix or
241     prepare an alcoholic product to be furnished to a patron of the retail licensee.
242          (b) The definition of "dispense" in this Subsection [(36)] (38) applies only to:
243          (i) a full-service restaurant license;
244          (ii) a limited-service restaurant license;
245          (iii) a reception center license;
246          (iv) a beer-only restaurant license;
247          (v) a bar license;
248          (vi) an on-premise beer retailer;
249          (vii) an airport lounge license;
250          (viii) an on-premise banquet license; and
251          (ix) a hospitality amenity license.
252          [(37)] (39) "Dispensing structure" means a surface or structure on a licensed premises:
253          (a) where an alcoholic product is dispensed; or
254          (b) from which an alcoholic product is served.
255          [(38)] (40) "Distillery manufacturing license" means a license issued in accordance
256     with Chapter 11, Part 4, Distillery Manufacturing License.
257          [(39)] (41) "Distressed merchandise" means an alcoholic product in the possession of
258     the department that is saleable, but for some reason is unappealing to the public.
259          [(40)] (42) "Equity license" means a license issued in accordance with Chapter 5,
260     Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
261     commission as an equity license.
262          [(41)] (43) "Event permit" means:
263          (a) a single event permit; or
264          (b) a temporary beer event permit.
265          [(42)] (44) "Exempt license" means a license exempt under Section 32B-1-201 from
266     being considered in determining the total number of retail licenses that the commission may
267     issue at any time.
268          [(43)] (45) (a) "Flavored malt beverage" means a beverage:
269          (i) that contains at least .5% alcohol by volume;
270          (ii) that is treated by processing, filtration, or another method of manufacture that is not
271     generally recognized as a traditional process in the production of a beer as described in 27
272     C.F.R. Sec. 25.55;
273          (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
274     extract; and
275          (iv) (A) for which the producer is required to file a formula for approval with the
276     federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
277          (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
278          (b) "Flavored malt beverage" is considered liquor for purposes of this title.
279          [(44)] (46) "Fraternal license" means a license issued in accordance with Chapter 5,
280     Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
281     commission as a fraternal license.
282          [(45)] (47) "Full-service restaurant license" means a license issued in accordance with
283     Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
284          [(46)] (48) (a) "Furnish" means by any means to provide with, supply, or give an
285     individual an alcoholic product, by sale or otherwise.
286          (b) "Furnish" includes to:
287          (i) serve;
288          (ii) deliver; or
289          (iii) otherwise make available.
290          [(47)] (49) "Guest" means an individual who meets the requirements of Subsection
291     32B-6-407(9).
292          [(48)] (50) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
293          [(49)] (51) "Health care practitioner" means:
294          (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
295          (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
296          (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
297          (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
298     Act;
299          (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
300     Nurse Practice Act;
301          (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
302     Practice Act;
303          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
304     Therapy Practice Act;
305          (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
306          (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
307     Professional Practice Act;
308          (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
309          (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
310     Practice Act;
311          (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
312     Hygienist Practice Act; and
313          (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
314     Assistant Act.
315          [(50)] (52) (a) "Heavy beer" means a product that:
316          (i) contains more than 5% alcohol by volume; and
317          (ii) is obtained by fermentation, infusion, or decoction of malted grain.
318          (b) "Heavy beer" is considered liquor for the purposes of this title.
319          [(51)] (53) "Hospitality amenity license" means a license issued in accordance with
320     Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
321          [(52)] (54) "Hotel" means a commercial lodging establishment that:
322          (a) offers at least 40 rooms as temporary sleeping accommodations for compensation;
323          (b) is capable of hosting conventions, conferences, and food and beverage functions
324     under a banquet contract; and
325          (c) (i) has adequate kitchen or culinary facilities on the premises to provide complete
326     meals; or
327          (ii) (A) has at least 1,000 square feet of function space consisting of meeting or dining
328     rooms that can be reserved for private use under a banquet contract and can accommodate at
329     least 75 individuals; or
330          (B) if the establishment is located in a small or unincorporated locality, has an
331     appropriate amount of function space consisting of meeting or dining rooms that can be
332     reserved for private use under a banquet contract, as determined by the commission.
333          [(53)] (55) "Hotel license" means a license issued in accordance with Chapter 5, Retail
334     License Act, and Chapter 8b, Hotel License Act.
335          [(54)] (56) "Identification card" means an identification card issued under Title 53,
336     Chapter 3, Part 8, Identification Card Act.
337          [(55)] (57) "Industry representative" means an individual who is compensated by
338     salary, commission, or other means for representing and selling an alcoholic product of a
339     manufacturer, supplier, or importer of liquor.
340          [(56)] (58) "Industry representative sample" means liquor that is placed in the
341     possession of the department for testing, analysis, and sampling by a local industry
342     representative on the premises of the department to educate the local industry representative of
343     the quality and characteristics of the product.
344          [(57)] (59) "Interdicted person" means a person to whom the sale, offer for sale, or
345     furnishing of an alcoholic product is prohibited by:
346          (a) law; or
347          (b) court order.
348          [(58)] (60) "International airport" means an airport:
349          (a) with a United States Customs and Border Protection office on the premises of the
350     airport; and
351          (b) at which international flights may enter and depart.
352          [(59)] (61) "Intoxicated" means that a person:
353          (a) is significantly impaired as to the person's mental or physical functions as a result of
354     the use of:
355          (i) an alcoholic product;
356          (ii) a controlled substance;
357          (iii) a substance having the property of releasing toxic vapors; or
358          (iv) a combination of Subsections [(59)] (61)(a)(i) through (iii); and
359          (b) exhibits plain and easily observed outward manifestations of behavior or physical
360     signs produced by the overconsumption of an alcoholic product.
361          [(60)] (62) "Investigator" means an individual who is:
362          (a) a department compliance officer; or
363          (b) a nondepartment enforcement officer.
364          [(61)] (63) "License" means:
365          (a) a retail license;
366          (b) a sublicense;
367          (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
368     State License;
369          (d) a license issued in accordance with Chapter 7a, Beer Delivery License Act;
370          [(c)] (e) a license issued in accordance with Chapter 11, Manufacturing and Related
371     Licenses Act;
372          [(d)] (f) a license issued in accordance with Chapter 12, Liquor Warehousing License
373     Act;
374          [(e)] (g) a license issued in accordance with Chapter 13, Beer Wholesaling License
375     Act; or
376          [(f)] (h) a license issued in accordance with Chapter 17, Liquor Transport License Act.
377          [(62)] (64) "Licensee" means a person who holds a license.
378          [(63)] (65) "Limited-service restaurant license" means a license issued in accordance
379     with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
380          [(64)] (66) "Limousine" means a motor vehicle licensed by the state or a local
381     authority, other than a bus or taxicab:
382          (a) in which the driver and a passenger are separated by a partition, glass, or other
383     barrier;
384          (b) that is provided by a business entity to one or more individuals at a fixed charge in
385     accordance with the business entity's tariff; and
386          (c) to give the one or more individuals the exclusive use of the limousine and a driver
387     to travel to one or more specified destinations.
388          [(65)] (67) (a) (i) "Liquor" means a liquid that:
389          (A) is:
390          (I) alcohol;
391          (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
392          (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
393          (IV) other drink or drinkable liquid; and
394          (B) (I) contains at least .5% alcohol by volume; and
395          (II) is suitable to use for beverage purposes.
396          (ii) "Liquor" includes:
397          (A) heavy beer;
398          (B) wine; and
399          (C) a flavored malt beverage.
400          (b) "Liquor" does not include beer.
401          [(66)] (68) "Liquor Control Fund" means the enterprise fund created by Section
402     32B-2-301.
403          [(67)] (69) "Liquor transport license" means a license issued in accordance with
404     Chapter 17, Liquor Transport License Act.
405          [(68)] (70) "Liquor warehousing license" means a license that is issued:
406          (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
407          (b) to a person, other than a licensed manufacturer, who engages in the importation for
408     storage, sale, or distribution of liquor regardless of amount.
409          [(69)] (71) "Local authority" means:
410          (a) for premises that are located in an unincorporated area of a county, the governing
411     body of a county;
412          (b) for premises that are located in an incorporated city, town, or metro township, the
413     governing body of the city, town, or metro township; or
414          (c) for premises that are located in a project area as defined in Section 63H-1-102 and
415     in a project area plan adopted by the Military Installation Development Authority under Title
416     63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
417     Development Authority.
418          [(70)] (72) "Lounge or bar area" is as defined by rule made by the commission.
419          [(71)] (73) "Manufacture" means to distill, brew, rectify, mix, compound, process,
420     ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to
421     others.
422          [(72)] (74) "Member" means an individual who, after paying regular dues, has full
423     privileges in an equity licensee or fraternal licensee.
424          [(73)] (75) (a) "Military installation" means a base, air field, camp, post, station, yard,
425     center, or homeport facility for a ship:
426          (i) (A) under the control of the United States Department of Defense; or
427          (B) of the National Guard;
428          (ii) that is located within the state; and
429          (iii) including a leased facility.
430          (b) "Military installation" does not include a facility used primarily for:
431          (i) civil works;
432          (ii) a rivers and harbors project; or
433          (iii) a flood control project.
434          [(74)] (76) "Minibar" means an area of a hotel guest room where one or more alcoholic
435     products are kept and offered for self-service sale or consumption.
436          [(75)] (77) "Minor" means an individual under the age of 21 years.
437          [(76)] (78) "Nondepartment enforcement agency" means an agency that:
438          (a) (i) is a state agency other than the department; or
439          (ii) is an agency of a county, city, town, or metro township; and
440          (b) has a responsibility to enforce one or more provisions of this title.
441          [(77)] (79) "Nondepartment enforcement officer" means an individual who is:
442          (a) a peace officer, examiner, or investigator; and
443          (b) employed by a nondepartment enforcement agency.
444          (80) "Off-premise beer delivery" means the delivery of beer to a location in this state
445     off premises licensed under this title.
446          [(78)] (81) (a) "Off-premise beer retailer" means a beer retailer who is:
447          (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
448          (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
449     premises.
450          (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
451          [(79)] (82) "Off-premise beer retailer state license" means a state license issued in
452     accordance with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
453          [(80)] (83) "On-premise banquet license" means a license issued in accordance with
454     Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
455          [(81)] (84) "On-premise beer retailer" means a beer retailer who is:
456          (a) authorized to sell, offer for sale, or furnish beer under a license issued in
457     accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
458     Retailer License; and
459          (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
460     premises:
461          (i) regardless of whether the beer retailer sells beer for consumption off the licensed
462     premises; and
463          (ii) on and after March 1, 2012, operating:
464          (A) as a tavern; or
465          (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
466          [(82)] (85) "Opaque" means impenetrable to sight.
467          [(83)] (86) "Package agency" means a retail liquor location operated:
468          (a) under an agreement with the department; and
469          (b) by a person:
470          (i) other than the state; and
471          (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
472     Agency, to sell packaged liquor for consumption off the premises of the package agency.
473          [(84)] (87) "Package agent" means a person who holds a package agency.
474          [(85)] (88) "Patron" means an individual to whom food, beverages, or services are sold,
475     offered for sale, or furnished, or who consumes an alcoholic product including:
476          (a) a customer;
477          (b) a member;
478          (c) a guest;
479          (d) an attendee of a banquet or event;
480          (e) an individual who receives room service;
481          (f) a resident of a resort; or
482          (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
483     license.
484          [(86)] (89) (a) "Performing arts facility" means a multi-use performance space that:
485          (i) is primarily used to present various types of performing arts, including dance,
486     music, and theater;
487          (ii) contains over 2,500 seats;
488          (iii) is owned and operated by a governmental entity; and
489          (iv) is located in a city of the first class.
490          (b) "Performing arts facility" does not include a space that is used to present sporting
491     events or sporting competitions.
492          [(87)] (90) "Permittee" means a person issued a permit under:
493          (a) Chapter 9, Event Permit Act; or
494          (b) Chapter 10, Special Use Permit Act.
495          [(88)] (91) "Person subject to administrative action" means:
496          (a) a licensee;
497          (b) a permittee;
498          (c) a manufacturer;
499          (d) a supplier;
500          (e) an importer;
501          (f) one of the following holding a certificate of approval:
502          (i) an out-of-state brewer;
503          (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
504          (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
505          (g) staff of:
506          (i) a person listed in Subsections [(88)] (91)(a) through (f); or
507          (ii) a package agent.
508          [(89)] (92) "Premises" means a building, enclosure, or room used in connection with
509     the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
510     product, unless otherwise defined in this title or rules made by the commission.
511          [(90)] (93) "Prescription" means an order issued by a health care practitioner when:
512          (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
513     to prescribe a controlled substance, other drug, or device for medicinal purposes;
514          (b) the order is made in the course of that health care practitioner's professional
515     practice; and
516          (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
517          [(91)] (94) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
518          (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
519          [(92)] (95) "Principal license" means:
520          (a) a resort license;
521          (b) a hotel license; or
522          (c) an arena license.
523          [(93)] (96) (a) "Private event" means a specific social, business, or recreational event:
524          (i) for which an entire room, area, or hall is leased or rented in advance by an identified
525     group; and
526          (ii) that is limited in attendance to people who are specifically designated and their
527     guests.
528          (b) "Private event" does not include an event to which the general public is invited,
529     whether for an admission fee or not.
530          [(94)] (97) "Privately sponsored event" means a specific social, business, or
531     recreational event:
532          (a) that is held in or on the premises of an on-premise banquet licensee; and
533          (b) to which entry is restricted by an admission fee.
534          [(95)] (98) (a) "Proof of age" means:
535          (i) an identification card;
536          (ii) an identification that:
537          (A) is substantially similar to an identification card;
538          (B) is issued in accordance with the laws of a state other than Utah in which the
539     identification is issued;
540          (C) includes date of birth; and
541          (D) has a picture affixed;
542          (iii) a valid driver license certificate that:
543          (A) includes date of birth;
544          (B) has a picture affixed; and
545          (C) is issued:
546          (I) under Title 53, Chapter 3, Uniform Driver License Act; or
547          (II) in accordance with the laws of the state in which it is issued;
548          (iv) a military identification card that:
549          (A) includes date of birth; and
550          (B) has a picture affixed; or
551          (v) a valid passport.
552          (b) "Proof of age" does not include a driving privilege card issued in accordance with
553     Section 53-3-207.
554          [(96)] (99) "Provisions applicable to a sublicense" means:
555          (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
556     restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
557          (b) for a limited-service restaurant sublicense, the provisions applicable to a
558     limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
559          (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
560     license under Chapter 6, Part 4, Bar Establishment License;
561          (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
562     banquet license under Chapter 6, Part 6, On-Premise Banquet License;
563          (e) for an on-premise beer retailer sublicense, the provisions applicable to an
564     on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
565          (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
566     restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
567          (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
568     license under Chapter 6, Part 10, Hospitality Amenity License; and
569          (h) for a resort spa sublicense, the provisions applicable to the sublicense under
570     Chapter 8d, Part 2, Resort Spa Sublicense.
571          [(97)] (100) (a) "Public building" means a building or permanent structure that is:
572          (i) owned or leased by:
573          (A) the state; or
574          (B) a local government entity; and
575          (ii) used for:
576          (A) public education;
577          (B) transacting public business; or
578          (C) regularly conducting government activities.
579          (b) "Public building" does not include a building owned by the state or a local
580     government entity when the building is used by a person, in whole or in part, for a proprietary
581     function.
582          [(98)] (101) "Public conveyance" means a conveyance that the public or a portion of
583     the public has access to and a right to use for transportation, including an airline, railroad, bus,
584     boat, or other public conveyance.
585          [(99)] (102) "Reception center" means a business that:
586          (a) operates facilities that are at least 5,000 square feet; and
587          (b) has as its primary purpose the leasing of the facilities described in Subsection [(99)]
588     (102)(a) to a third party for the third party's event.
589          [(100)] (103) "Reception center license" means a license issued in accordance with
590     Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
591          [(101)] (104) (a) "Record" means information that is:
592          (i) inscribed on a tangible medium; or
593          (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
594          (b) "Record" includes:
595          (i) a book;
596          (ii) a book of account;
597          (iii) a paper;
598          (iv) a contract;
599          (v) an agreement;
600          (vi) a document; or
601          (vii) a recording in any medium.
602          [(102)] (105) "Residence" means a person's principal place of abode within Utah.
603          [(103)] (106) "Resident," in relation to a resort, means the same as that term is defined
604     in Section 32B-8-102.
605          [(104)] (107) "Resort" means the same as that term is defined in Section 32B-8-102.
606          [(105)] (108) "Resort facility" is as defined by the commission by rule.
607          [(106)] (109) "Resort spa sublicense" means a resort license sublicense issued in
608     accordance with Chapter 8d, Part 2, Resort Spa Sublicense.
609          [(107)] (110) "Resort license" means a license issued in accordance with Chapter 5,
610     Retail License Act, and Chapter 8, Resort License Act.
611          [(108)] (111) "Responsible alcohol service plan" means a written set of policies and
612     procedures that outlines measures to prevent employees from:
613          (a) over-serving alcoholic beverages to customers;
614          (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
615     intoxicated; and
616          (c) serving alcoholic beverages to minors.
617          [(109)] (112) "Restaurant" means a business location:
618          (a) at which a variety of foods are prepared;
619          (b) at which complete meals are served; and
620          (c) that is engaged primarily in serving meals.
621          [(110)] (113) "Restaurant license" means one of the following licenses issued under
622     this title:
623          (a) a full-service restaurant license;
624          (b) a limited-service restaurant license; or
625          (c) a beer-only restaurant license.
626          [(111)] (114) "Retail license" means one of the following licenses issued under this
627     title:
628          (a) a full-service restaurant license;
629          (b) a master full-service restaurant license;
630          (c) a limited-service restaurant license;
631          (d) a master limited-service restaurant license;
632          (e) a bar establishment license;
633          (f) an airport lounge license;
634          (g) an on-premise banquet license;
635          (h) an on-premise beer license;
636          (i) a reception center license;
637          (j) a beer-only restaurant license;
638          (k) a hospitality amenity license;
639          (l) a resort license;
640          (m) a hotel license; or
641          (n) an arena license.
642          [(112)] (115) "Room service" means furnishing an alcoholic product to a person in a
643     guest room of a:
644          (a) hotel; or
645          (b) resort facility.
646          [(113)] (116) (a) "School" means a building in which any part is used for more than
647     three hours each weekday during a school year as a public or private:
648          (i) elementary school;
649          (ii) secondary school; or
650          (iii) kindergarten.
651          (b) "School" does not include:
652          (i) a nursery school;
653          (ii) a day care center;
654          (iii) a trade and technical school;
655          (iv) a preschool; or
656          (v) a home school.
657          [(114)] (117) "Secondary flavoring ingredient" means any spirituous liquor added to a
658     beverage for additional flavoring that is different in type, flavor, or brand from the primary
659     spirituous liquor in the beverage.
660          [(115)] (118) "Sell" or "offer for sale" means a transaction, exchange, or barter
661     whereby, for consideration, an alcoholic product is either directly or indirectly transferred,
662     solicited, ordered, delivered for value, or by a means or under a pretext is promised or
663     obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise
664     defined in this title or the rules made by the commission.
665          [(116)] (119) "Serve" means to place an alcoholic product before an individual.
666          [(117)] (120) "Sexually oriented entertainer" means a person who while in a state of
667     seminudity appears at or performs:
668          (a) for the entertainment of one or more patrons;
669          (b) on the premises of:
670          (i) a bar licensee; or
671          (ii) a tavern;
672          (c) on behalf of or at the request of the licensee described in Subsection [(117)]
673     (120)(b);
674          (d) on a contractual or voluntary basis; and
675          (e) whether or not the person is designated as:
676          (i) an employee;
677          (ii) an independent contractor;
678          (iii) an agent of the licensee; or
679          (iv) a different type of classification.
680          [(118)] (121) "Shared seating area" means the licensed premises of two or more
681     restaurant licensees that the restaurant licensees share as an area for alcoholic beverage
682     consumption in accordance with Subsection 32B-5-207(3).
683          [(119)] (122) "Single event permit" means a permit issued in accordance with Chapter
684     9, Part 3, Single Event Permit.
685          [(120)] (123) "Small brewer" means a brewer who manufactures less than 60,000
686     barrels of beer, heavy beer, and flavored malt beverages per year.
687          [(121)] (124) "Small or unincorporated locality" means:
688          (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
689          (b) a town, as classified under Section 10-2-301; or
690          (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
691     under Section 17-50-501.
692          [(122)] (125) "Special use permit" means a permit issued in accordance with Chapter
693     10, Special Use Permit Act.
694          [(123)] (126) (a) "Spirituous liquor" means liquor that is distilled.
695          (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
696     27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
697          [(124)] (127) "Sports center" is as defined by the commission by rule.
698          [(125)] (128) (a) "Staff" means an individual who engages in activity governed by this
699     title:
700          (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
701     holder;
702          (ii) at the request of the business, including a package agent, licensee, permittee, or
703     certificate holder; or
704          (iii) under the authority of the business, including a package agent, licensee, permittee,
705     or certificate holder.
706          (b) "Staff" includes:
707          (i) an officer;
708          (ii) a director;
709          (iii) an employee;
710          (iv) personnel management;
711          (v) an agent of the licensee, including a managing agent;
712          (vi) an operator; or
713          (vii) a representative.
714          [(126)] (129) "State of nudity" means:
715          (a) the appearance of:
716          (i) the nipple or areola of a female human breast;
717          (ii) a human genital;
718          (iii) a human pubic area; or
719          (iv) a human anus; or
720          (b) a state of dress that fails to opaquely cover:
721          (i) the nipple or areola of a female human breast;
722          (ii) a human genital;
723          (iii) a human pubic area; or
724          (iv) a human anus.
725          [(127)] (130) "State of seminudity" means a state of dress in which opaque clothing
726     covers no more than:
727          (a) the nipple and areola of the female human breast in a shape and color other than the
728     natural shape and color of the nipple and areola; and
729          (b) the human genitals, pubic area, and anus:
730          (i) with no less than the following at its widest point:
731          (A) four inches coverage width in the front of the human body; and
732          (B) five inches coverage width in the back of the human body; and
733          (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
734          [(128)] (131) (a) "State store" means a facility for the sale of packaged liquor:
735          (i) located on premises owned or leased by the state; and
736          (ii) operated by a state employee.
737          (b) "State store" does not include:
738          (i) a package agency;
739          (ii) a licensee; or
740          (iii) a permittee.
741          [(129)] (132) (a) "Storage area" means an area on licensed premises where the licensee
742     stores an alcoholic product.
743          (b) "Store" means to place or maintain in a location an alcoholic product.
744          [(130)] (133) "Sublicense" means:
745          (a) any of the following licenses issued as a subordinate license to, and contingent on
746     the issuance of, a principal license:
747          (i) a full-service restaurant license;
748          (ii) a limited-service restaurant license;
749          (iii) a bar establishment license;
750          (iv) an on-premise banquet license;
751          (v) an on-premise beer retailer license;
752          (vi) a beer-only restaurant license; or
753          (vii) a hospitality amenity license; or
754          (b) a resort spa sublicense.
755          [(131)] (134) "Supplier" means a person who sells an alcoholic product to the
756     department.
757          [(132)] (135) "Tavern" means an on-premise beer retailer who is:
758          (a) issued a license by the commission in accordance with Chapter 5, Retail License
759     Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
760          (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
761     On-Premise Beer Retailer License.
762          [(133)] (136) "Temporary beer event permit" means a permit issued in accordance with
763     Chapter 9, Part 4, Temporary Beer Event Permit.
764          [(134)] (137) "Temporary domicile" means the principal place of abode within Utah of
765     a person who does not have a present intention to continue residency within Utah permanently
766     or indefinitely.
767          [(135)] (138) "Translucent" means a substance that allows light to pass through, but
768     does not allow an object or person to be seen through the substance.
769          [(136)] (139) "Unsaleable liquor merchandise" means a container that:
770          (a) is unsaleable because the container is:
771          (i) unlabeled;
772          (ii) leaky;
773          (iii) damaged;
774          (iv) difficult to open; or
775          (v) partly filled;
776          (b) (i) has faded labels or defective caps or corks;
777          (ii) has contents that are:
778          (A) cloudy;
779          (B) spoiled; or
780          (C) chemically determined to be impure; or
781          (iii) contains:
782          (A) sediment; or
783          (B) a foreign substance; or
784          (c) is otherwise considered by the department as unfit for sale.
785          [(137)] (140) (a) "Wine" means an alcoholic product obtained by the fermentation of
786     the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or
787     not another ingredient is added.
788          (b) "Wine" includes:
789          (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
790     4.10; and
791          (ii) hard cider.
792          (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
793     in this title.
794          [(138)] (141) "Winery manufacturing license" means a license issued in accordance
795     with Chapter 11, Part 3, Winery Manufacturing License.
796          Section 2. Section 32B-1-305 is amended to read:
797          32B-1-305. Requirement for a background check.
798          (1) The department shall require an individual listed in Subsection (2), in accordance
799     with this part, to:
800          (a) provide a signed waiver from the individual whose fingerprints may be registered in
801     the Federal Bureau of Investigation Rap Back system that notifies the signee:
802          (i) that a criminal history background check will be conducted;
803          (ii) who will see the information; and
804          (iii) how the information will be used;
805          (b) submit to a background check in a form acceptable to the department; and
806          (c) consent to a background check by:
807          (i) the Utah Bureau of Criminal Identification; and
808          (ii) the Federal Bureau of Investigation.
809          (2) The following shall comply with Subsection (1):
810          (a) an individual applying for employment with the department if:
811          (i) the department makes the decision to offer the individual employment with the
812     department; and
813          (ii) once employed, the individual will receive benefits;
814          (b) an individual applying to the commission to operate a package agency;
815          (c) an individual applying to the commission for a license, unless the license is:
816          (i) an off-premise beer retailer state license; or
817          (ii) a beer delivery license;
818          (d) an individual who with regard to an entity that is applying to the commission to
819     operate a package agency or for a license is:
820          (i) a partner;
821          (ii) a managing agent;
822          (iii) a manager;
823          (iv) an officer;
824          (v) a director;
825          (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a
826     corporation;
827          (vii) a member who owns at least 20% of a limited liability company; or
828          (viii) an individual employed to act in a supervisory or managerial capacity; or
829          (e) an individual who becomes involved with an entity that operates a package agency
830     or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day
831     on which the entity:
832          (i) is approved to operate a package agency; or
833          (ii) is licensed by the commission.
834          (3) (a) Except as provided in Subsection (3)(b), the commission may not require an
835     individual to comply with Subsection (1) based on the individual's position with or ownership
836     interest in an entity that has an ownership interest in the entity that is applying for the package
837     agency or license.
838          (b) The commission may require an individual described in Subsection (3)(a) to
839     comply with Subsection (1) if the individual exercises direct decision making control over the
840     day-to-day operations of the package agency or licensee.
841          (4) The department shall require compliance with Subsection (2)(e) as a condition of
842     an entity's:
843          (a) continued operation of a package agency; or
844          (b) renewal of a license.
845          (5) The department may require as a condition of continued employment that a
846     department employee:
847          (a) submit to a background check in a form acceptable to the department; and
848          (b) consent to a fingerprint criminal background check by:
849          (i) the Utah Bureau of Criminal Identification; and
850          (ii) the Federal Bureau of Investigation.
851          Section 3. Section 32B-1-407 is amended to read:
852          32B-1-407. Verification of proof of age by applicable licensees.
853          (1) As used in this section, "applicable licensee" means:
854          (a) a dining club;
855          (b) a bar establishment licensee;
856          (c) a tavern;
857          (d) a full-service restaurant licensee;
858          (e) a limited-service restaurant licensee; [or]
859          (f) a beer-only restaurant[.] licensee; or
860           (g) a beer delivery licensee.
861          (2) Notwithstanding any other provision of this part, an applicable licensee shall
862     require that an authorized person for the applicable licensee verify proof of age as provided in
863     this section.
864          (3) An authorized person [is required to] shall verify proof of age under this section
865     before an individual who appears to be 35 years of age or younger:
866          (a) gains admittance to the premises of a bar licensee or tavern;
867          (b) procures an alcoholic product on the premises of a dining club licensee;
868          (c) procures an alcoholic product in a dispensing area in the premises of a full-service
869     restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee; [or]
870          (d) [on or after July 1, 2018,] procures an alcoholic product within 10 feet of a
871     grandfathered bar structure[.]; or
872          (e) procures beer from a beer delivery licensee.
873          (4) To comply with Subsection (3), an authorized person shall:
874          (a) request the individual present proof of age; and
875          (b) (i) verify the validity of the proof of age electronically under the verification
876     program created in Subsection (5); or
877          (ii) if the proof of age cannot be electronically verified as provided in Subsection
878     (4)(b)(i), request that the individual comply with a process established by the commission by
879     rule.
880          (5) The commission shall establish by rule an electronic verification program that
881     includes the following:
882          (a) the specifications for the technology used by the applicable licensee to
883     electronically verify proof of age, including that the technology display to the person described
884     in Subsection (2) no more than the following for the individual who presents the proof of age:
885          (i) the name;
886          (ii) the age;
887          (iii) the number assigned to the individual's proof of age by the issuing authority;
888          (iv) the birth date;
889          (v) the gender; and
890          (vi) the status and expiration date of the individual's proof of age; and
891          (b) the security measures that shall be used by an applicable licensee to ensure that
892     information obtained under this section is:
893          (i) used by the applicable licensee only for purposes of verifying proof of age in
894     accordance with this section; and
895          (ii) except as provided in Subsection (7), retained by the applicable licensee for seven
896     days after the day on which the applicable licensee obtains the information.
897          (6) (a) An applicable licensee may not disclose information obtained under this section
898     except as provided under this title.
899          (b) Information obtained under this section is considered a record for any purpose
900     under Chapter 5, Part 3, Retail Licensee Operational Requirements.
901          (7) A beer delivery licensee shall retain information obtained under this section for
902     three years after the day on which the beer delivery licensee obtains the information.
903          Section 4. Section 32B-1-607 is amended to read:
904          32B-1-607. Rulemaking authority.
905          (1) The commission may adopt rules necessary to implement this part.
906          (2) Notwithstanding Subsections [32B-1-102(12) and (50)] 32B-1-102(13) and (52), in
907     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission
908     may make rules that allow for a tolerance in the alcohol content of beer or heavy beer as
909     follows:
910          (a) up to 0.18% above or below when measured by volume; or
911          (b) up to 0.15% above or below when measured by weight.
912          Section 5. Section 32B-1-702 is amended to read:
913          32B-1-702. Alcohol training and education -- Revocation, suspension, or
914     nonrenewal of retail license.
915          (1) The commission may suspend, revoke, or not renew a license of a retail licensee if
916     any of the following individuals fail to complete an alcohol training and education seminar:
917          (a) a retail manager; or
918          (b) retail staff.
919          (2) The commission may suspend, revoke, or not renew the license of a beer delivery
920     licensee if an authorized delivery agent of the beer delivery licensee fails to complete an
921     alcohol training and education seminar.
922          [(2)] (3) A city, town, metro township, or county in which a retail licensee conducts
923     business may suspend, revoke, or not renew the business license of the retail licensee if a retail
924     manager or retail staff fails to complete an alcohol training and education seminar.
925          [(3)] (4) A local authority that issues an off-premise beer retailer license to a business
926     that is engaged in the retail sale of beer for consumption off the beer retailer's premises may
927     immediately suspend the off-premise beer retailer license if any of the following individuals
928     fails to complete an alcohol training and education seminar:
929          (a) an off-premise retail manager; or
930          (b) off-premise retail staff.
931          Section 6. Section 32B-1-704 is amended to read:
932          32B-1-704. Department training programs.
933          (1) [No later than January 1, 2018, the] The department shall develop and maintain the
934     following training programs that are provided either in-person or online:
935          (a) a training program for retail managers that addresses:
936          (i) the statutes and rules that govern alcohol sales and consumption in the state;
937          (ii) the requirements for operating as a retail licensee;
938          (iii) using compliance assistance from the department; and
939          (iv) any other topic the department determines beneficial to a retail manager; [and]
940          (b) a training program for an individual employed by a retail licensee or an off-premise
941     beer retailer who violates a provision of this title related to the sale, service, or furnishing of an
942     alcoholic beverage to an intoxicated individual or a minor, that addresses:
943          (i) the statutes and rules that govern the most common types of violations under this
944     title;
945          (ii) how to avoid common violations; and
946          (iii) any other topic the department determines beneficial to the training program[.];
947     and
948          (c) no later than January 1, 2022, a training program:
949          (i) for an individual who:
950          (A) is an authorized delivery agent; and
951          (B) violates a provision of this title related to the furnishing of an alcoholic beverage to
952     an intoxicated individual or a minor; and
953          (ii) that addresses:
954          (A) the statutes and rules that govern the most common types of violations under this
955     title;
956          (B) how to avoid common violations; and
957          (C) any other topic the department determines beneficial to the training program.
958          (2) [No later than January 1, 2019, the] The department shall develop and maintain a
959     training program:
960          (a) for off-premise retail managers;
961          (b) that is provided either in-person or online; and
962          (c) that addresses:
963          [(a)] (i) the statutes and rules that govern sales at an off-premise beer retailer;
964          [(b)] (ii) the requirements for operating an off-premise beer retailer;
965          [(c)] (iii) using compliance assistance from the department; and
966          [(d)] (iv) any other topic the department determines beneficial to an off-premise retail
967     manager.
968          (3) No later than January 1, 2022, the department shall develop and maintain a training
969     program:
970          (a) for authorized delivery agents;
971          (b) that is provided either in-person or online; and
972          (c) that addresses:
973          (i) the statutes and rules that govern off-premise beer delivery;
974          (ii) the requirements of making an off-premise beer delivery;
975          (iii) using compliance assistance from the department; and
976          (iv) any other topic the department determines beneficial to an authorized delivery
977     agent.
978          [(3)] (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
979     Act, and the provisions of this section, the department shall make rules to develop and
980     implement the training programs described in this section, including rules that establish:
981          (a) the requirements for each training program described in this section;
982          (b) measures that accurately identify each individual who takes and completes a
983     training program;
984          (c) measures that ensure an individual taking a training program is focused and actively
985     engaged in the training material throughout the training program;
986          (d) a record that certifies that an individual has completed a training program; and
987          (e) a fee for participation in a training program to cover the department's cost of
988     providing the training program.
989          [(4)] (5) (a) [Except as provided in Subsection (5), each] Each retail manager shall
990     complete the training described in Subsection (1)(a) no later than the later of:
991          (i) 30 days after the day on which the retail manager is hired; or
992          (ii) 30 days after the day on which the retail licensee obtains a retail license under this
993     chapter.
994          (b) [Except as provided in Subsection (5), each] Each off-premise retail manager shall
995     complete the training described in Subsection (2) no later than the later of:
996          (i) 30 days after the day on which the off-premise retail manager is hired; or
997          (ii) 30 days after the day on which the off-premise beer retailer obtains an off-premise
998     beer retailer state license.
999          (c) Each authorized delivery agent shall complete the training described in Subsection
1000     (3) no later than 30 days after the day on which a beer delivery licensee makes the individual an
1001     authorized delivery agent.
1002          [(c)] (d) (i) If the commission finds that a retail licensee violated a provision of this
1003     title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated
1004     individual or a minor for a second time within 36 consecutive months after the day on which
1005     the first violation was adjudicated, the violator, all retail staff, and each retail manager shall
1006     complete the training program described in Subsection (1)(b).
1007          (ii) If the commission finds that an off-premise beer retailer violated a provision of this
1008     title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated
1009     individual or a minor for a second time within 36 consecutive months after the day on which
1010     the first violation was adjudicated, the violator and each off-premise retail manager shall
1011     complete the training program described in Subsection (1)(b).
1012          [(5) (a) For a person who holds a retail license on January 1, 2018, each retail manager
1013     shall complete the training program described in Subsection (1)(a) for the first time as a
1014     condition of renewing the licensee's retail license in 2018.]
1015          [(b) For a person who holds an off-premise beer retailer state license on January 1,
1016     2019, each off-premise retail manager shall complete the training program described in
1017     Subsection (1)(b) for the first time as a condition of renewing the licensee's off-premise beer
1018     retailer state license in 2019.]
1019          (iii) If the commission finds that an authorized delivery agent violates a provision of
1020     this title related to the furnishing of an alcoholic beverage to an intoxicated individual or minor
1021     for a second time within 36 consecutive months after the day on which the first violation was
1022     adjudicated, the authorized delivery agent shall complete the training program described in
1023     Subsection (1)(c).
1024          (6) If an individual fails to complete a required training program under this section:
1025          (a) the commission may suspend, revoke, or not renew the retail license [or],
1026     off-premise beer retailer state license, or beer delivery license;
1027          (b) a city, town, metro township, or county in which the retail licensee or off-premise
1028     beer retailer is located may suspend, revoke, or not renew the retail licensee's or off-premise
1029     beer retailer's business license; or
1030          (c) a local authority may suspend, revoke, or not renew the off-premise beer retailer's
1031     license.
1032          Section 7. Section 32B-1-705 is amended to read:
1033          32B-1-705. Tracking certain enforcement actions.
1034          (1) For each violation of a provision of this title involving the sale of an alcoholic
1035     product to a minor that staff of a retail licensee commits or that an authorized delivery agent of
1036     a beer delivery licensee commits, the commission shall:
1037          (a) maintain a record of the violation until the record is expunged in accordance with
1038     Subsection (3);
1039          (b) include in the record described in Subsection (1)(a):
1040          (i) the name of the individual who committed the violation;
1041          (ii) the name of the retail licensee or beer delivery licensee; and
1042          (iii) the date of the adjudication of the violation; and
1043          (c) provide the information described in Subsection (1)(b) to the Department of Public
1044     Safety within 30 days after the day on which the violation is adjudicated.
1045          (2) (a) The Department of Public Safety shall develop and operate a system to collect,
1046     analyze, maintain, track, and disseminate the information that the Department of Public Safety
1047     receives in accordance with Subsection (1).
1048          (b) The Department of Public Safety shall make the system described in Subsection
1049     (2)(a) available to:
1050          (i) assist the commission in assessing penalties under this title; and
1051          (ii) inform a retail licensee and a beer delivery licensee of an individual who has a
1052     violation history in the system.
1053          (3) The commission and the Department of Public Safety shall expunge each record in
1054     the system described in Subsection (2) that relates to an individual if the individual does not
1055     violate a provision of this title related to the sale of an alcoholic product to a minor for a period
1056     of 36 consecutive months [from] after the day on which the individual's last violation related to
1057     the sale of an alcoholic product to a minor was adjudicated.
1058          Section 8. Section 32B-2-202 is amended to read:
1059          32B-2-202. Powers and duties of the commission.
1060          (1) The commission shall:
1061          (a) consistent with the policy established by the Legislature by statute, act as a general
1062     policymaking body on the subject of alcoholic product control;
1063          (b) adopt and issue policies, rules, and procedures;
1064          (c) set policy by written rules that establish criteria and procedures for:
1065          (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
1066     permit, or certificate of approval; and
1067          (ii) determining the location of a state store, package agency, or retail licensee;
1068          (d) decide within the limits, and under the conditions imposed by this title, the number
1069     and location of state stores, package agencies, and retail licensees in the state;
1070          (e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,
1071     sublicenses, permits, or certificates of approval for the purchase, storage, sale, offer for sale,
1072     furnishing, consumption, manufacture, and distribution of an alcoholic product:
1073          (i) a package agency;
1074          (ii) a full-service restaurant license;
1075          (iii) a master full-service restaurant license;
1076          (iv) a limited-service restaurant license;
1077          (v) a master limited-service restaurant license;
1078          (vi) a bar establishment license;
1079          (vii) an airport lounge license;
1080          (viii) an on-premise banquet license;
1081          (ix) a resort license, which includes four or more sublicenses;
1082          (x) an on-premise beer retailer license;
1083          (xi) a reception center license;
1084          (xii) a beer-only restaurant license;
1085          (xiii) a hotel license, which includes three or more sublicenses;
1086          (xiv) an arena license, which includes three or more sublicenses;
1087          (xv) a hospitality amenity license;
1088          (xvi) subject to Subsection (4), a single event permit;
1089          (xvii) subject to Subsection (4), a temporary beer event permit;
1090          (xviii) a special use permit;
1091          (xix) a manufacturing license;
1092          (xx) a liquor warehousing license;
1093          (xxi) a beer wholesaling license;
1094          (xxii) a liquor transport license;
1095          (xxiii) an off-premise beer retailer state license;
1096          (xxiv) a master off-premise beer retailer state license;
1097          (xxv) a beer delivery license;
1098          [(xxv)] (xxvi) one of the following that holds a certificate of approval:
1099          (A) an out-of-state brewer;
1100          (B) an out-of-state importer of beer, heavy beer, or flavored malt beverages; and
1101          (C) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; and
1102          [(xxvi)] (xxvii) a resort spa sublicense;
1103          (f) issue, deny, suspend, or revoke the following conditional licenses:
1104          (i) a conditional retail license as defined in Section 32B-5-205; and
1105          (ii) a conditional off-premise beer retailer state license as defined in Section
1106     32B-7-406;
1107          (g) prescribe the duties of the department in assisting the commission in issuing a
1108     package agency, license, permit, or certificate of approval under this title;
1109          (h) to the extent a fee is not specified in this title, establish a fee allowed under this title
1110     in accordance with Section 63J-1-504;
1111          (i) fix prices at which liquor is sold that are the same at all state stores, package
1112     agencies, and retail licensees;
1113          (j) issue and distribute price lists showing the price to be paid by a purchaser for each
1114     class, variety, or brand of liquor kept for sale by the department;
1115          (k) (i) require the director to follow sound management principles; and
1116          (ii) require periodic reporting from the director to ensure that:
1117          (A) sound management principles are being followed; and
1118          (B) policies established by the commission are being observed;
1119          (l) (i) receive, consider, and act in a timely manner upon the reports, recommendations,
1120     and matters submitted by the director to the commission; and
1121          (ii) do the things necessary to support the department in properly performing the
1122     department's duties;
1123          (m) obtain temporarily and for special purposes the services of an expert or person
1124     engaged in the practice of a profession, or a person who possesses a needed skill if:
1125          (i) considered expedient; and
1126          (ii) approved by the governor;
1127          (n) prescribe by rule the conduct, management, and equipment of premises upon which
1128     an alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
1129          (o) make rules governing the credit terms of beer sales within the state to retail
1130     licensees; and
1131          (p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
1132     disciplinary action against a person subject to administrative action.
1133          (2) Consistent with the policy established by the Legislature by statute, the power of
1134     the commission to do the following is plenary, except as otherwise provided by this title, and
1135     not subject to review:
1136          (a) establish a state store;
1137          (b) issue authority to act as a package agent or operate a package agency; and
1138          (c) issue, deny, or deem forfeit a license, permit, or certificate of approval.
1139          (3) If the commission is authorized or required to make a rule under this title, the
1140     commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
1141     Rulemaking Act.
1142          (4) Notwithstanding Subsections (1)(e)(xvi) and (xvii), the director or deputy director
1143     may issue an event permit in accordance with Chapter 9, Event Permit Act.
1144          Section 9. Section 32B-7a-101 is enacted to read:
1145     
CHAPTER 7a. BEER DELIVERY LICENSE ACT

1146     
Part 1. General Provisions

1147          32B-7a-101. Title.
1148          This chapter is known as the "Beer Delivery License Act."
1149          Section 10. Section 32B-7a-102 is enacted to read:
1150          32B-7a-102. Definitions.
1151          As used in this chapter:
1152          (1) "Software application" means an Internet-connected software platform that a person
1153     uses to place a delivery order for a product from a business.
1154          (2) "Third-party delivery service" means a business entity that:
1155          (a) delivers another business entity's good to a customer; and
1156          (b) uses a software application to facilitate each delivery.
1157          Section 11. Section 32B-7a-201 is enacted to read:
1158     
Part 2. Beer Delivery Licensing Process

1159          32B-7a-201. Commission's power to issue a beer delivery license.
1160          (1) Before a person may make an off-premise beer delivery, the person shall first
1161     obtain a beer delivery license from the commission in accordance with this chapter.
1162          (2) The commission may only issue an off-premise beer delivery license to:
1163          (a) an off-premise beer retailer state licensee; or
1164          (b) a third-party delivery service.
1165          (3) The commission may not issue a beer delivery license to a person before January 1,
1166     2022.
1167          Section 12. Section 32B-7a-202 is enacted to read:
1168          32B-7a-202. Application for a beer delivery license.
1169          To obtain a beer delivery license, a person shall submit to the department:
1170          (1) a written application in a form the department prescribes;
1171          (2) a nonrefundable application fee of $150;
1172          (3) an initial licensing fee of $350 that is refundable if the commission does not issue
1173     the beer delivery license;
1174          (4) a copy of the person's current business license;
1175          (5) evidence that the person carries public liability insurance in the amount of
1176     $1,000,000 per occurrence;
1177          (6) if the person is an entity, proper verification evidencing that the individual who
1178     signs the application is authorized to sign on behalf of the entity; and
1179          (7) any other information that the commission or department requires.
1180          Section 13. Section 32B-7a-203 is enacted to read:
1181          32B-7a-203. Renewal of beer delivery license.
1182          (1) A beer delivery license expires on the last day of February each year.
1183          (2) To renew a beer delivery license, a beer delivery licensee shall, no later than
1184     January 31, submit to the department:
1185          (a) a completed renewal application in a form the department prescribes; and
1186          (b) a renewal fee of $175.
1187          (3) A beer delivery licensee automatically forfeits the beer delivery license if the beer
1188     delivery licensee fails to satisfy the renewal requirements described in this section.
1189          Section 14. Section 32B-7a-204 is enacted to read:
1190          32B-7a-204. Duties of commission and department before issuing a beer delivery
1191     license.
1192          (1) (a) Before the commission issues a beer delivery license, the department shall
1193     conduct an investigation and may hold one or more public hearings to gather information and
1194     make recommendations to the commission regarding whether the commission should issue the
1195     beer delivery license.
1196          (b) The department shall forward the information the department gathers under
1197     Subsection (1)(a) and the department's recommendations to the commission.
1198          (2) Before the commission issues a beer delivery license, the commission shall:
1199          (a) determine that the person filed a complete application and is in compliance with the
1200     provisions of this chapter; and
1201          (b) consider any other factor that the commission considers necessary.
1202          Section 15. Section 32B-7a-301 is enacted to read:
1203     
Part 3. Beer Delivery License Requirements

1204          32B-7a-301. Notifying the department of change of ownership.
1205          The commission may suspend or revoke a beer delivery license if a beer delivery
1206     licensee does not immediately notify the department of a change in:
1207          (1) ownership of the licensee's business;
1208          (2) for a corporate owner, a shareholder holding at least 20% of the total issued and
1209     outstanding stock of the corporation; or
1210          (3) for a limited liability company, a member owning at least 20% of the limited
1211     liability company.
1212          Section 16. Section 32B-7a-302 is enacted to read:
1213          32B-7a-302. Bond for beer delivery license.
1214          (1) (a) A beer delivery licensee shall post a cash or surety bond:
1215          (i) in the penal sum of $10,000; and
1216          (ii) payable to the department.
1217          (b) A beer delivery licensee shall procure and maintain the bond required under this
1218     section for as long as the beer delivery licensee continues to operate as a beer delivery licensee.
1219          (2) The bond a beer delivery licensee posts in accordance with this section shall be:
1220          (a) in a form the attorney general approves; and
1221          (b) conditioned upon the beer delivery licensee's faithful compliance with this title and
1222     the rules of the commission.
1223          (3) (a) If a surety bond that a beer delivery licensee posts in accordance with this
1224     section is canceled because of the beer delivery licensee's negligence, the department may
1225     assess a $300 reinstatement fee.
1226          (b) No part of a bond that a beer delivery licensee posts in accordance with this section
1227     may be withdrawn:
1228          (i) during the period the beer delivery license is in effect; or
1229          (ii) while a revocation proceeding is pending against the beer delivery licensee.
1230          (4) (a) A bond that a beer delivery licensee posts under this section may be forfeited if
1231     the commission revokes the beer delivery license.
1232          (b) Notwithstanding Subsection (4)(a), the department may make a claim against a
1233     bond that a beer delivery licensee posts for money owed the department under this title without
1234     the commission first revoking the beer delivery license.
1235          Section 17. Section 32B-7a-303 is enacted to read:
1236          32B-7a-303. Recordkeeping.
1237          (1) A beer delivery licensee shall make and maintain a record showing in detail:
1238          (a) each beer delivery; and
1239          (b) any other item the department requires.
1240          (2) A beer delivery licensee shall make and maintain a record required under
1241     Subsection (1):
1242          (a) in a form the department approves; and
1243          (b) current for each three-month period.
1244          (3) A beer delivery licensee shall support a delivery by:
1245          (a) a delivery ticket;
1246          (b) an invoice;
1247          (c) a receipted bill; or
1248          (d) other sustaining datum or memorandum.
1249          (4) In addition to a record required under Subsection (1), a beer delivery licensee shall
1250     make and maintain any other record the department may require.
1251          (5) (a) A record of a beer delivery licensee is subject to inspection by:
1252          (i) an authorized representative of the commission and the department; or
1253          (ii) an alcohol-related law enforcement officer.
1254          (b) A beer delivery licensee shall allow the department, through an auditor or examiner
1255     of the department, to audit the records of the beer delivery licensee at times the department
1256     considers advisable.
1257          Section 18. Section 32B-7a-304 is enacted to read:
1258          32B-7a-304. Operational requirements for a beer delivery license.
1259          (1) (a) A beer delivery licensee and an authorized delivery agent shall comply with the
1260     provisions of this title and any applicable rules the commission makes in accordance with Title
1261     63G, Chapter 3, Utah Administrative Rulemaking Act.
1262          (b) Failure to comply with this section may result in a suspension or revocation of a
1263     local license or disciplinary action in accordance with Chapter 3, Disciplinary Actions and
1264     Enforcement Act.
1265          (2) A beer delivery license permits a licensee to make an off-premise beer delivery:
1266          (a) to an individual who requests the delivery through a software application; and
1267          (b) through an authorized delivery agent.
1268          (3) A beer delivery licensee that is an off-premise beer retailer state licensee may only
1269     deliver or offer for delivery beer:
1270          (a) that an individual purchases from the off-premise beer retailer state licensee
1271     through a software application;
1272          (b) that the off-premise beer retailer state licensee is authorized to possess, sell, offer
1273     for sale, and furnish under the licensee's off-premise beer retailer state license; and
1274          (c) during days and hours the off-premise beer retailer state licensee is authorized to
1275     sell, offer for sale, and furnish beer under the licensee's off-premise beer retailer state license.
1276          (4) A beer delivery licensee that is a third-party delivery service may only deliver or
1277     offer for delivery beer:
1278          (a) that an individual purchases:
1279          (i) from an off-premise beer retailer state licensee; and
1280          (ii) through a software application;
1281          (b) that the off-premise beer retailer state licensee described in Subsection (4)(a) is
1282     authorized to possess, sell, offer for sale, and furnish under the off-premise beer retailer's state
1283     license; and
1284          (c) during days and hours the off-premise beer retailer state licensee described in
1285     Subsection (4)(a) is authorized to sell, offer for sale, and furnish beer under the licensee's
1286     off-premise beer retailer state license.
1287          (5) A beer delivery licensee shall ensure that an authorized delivery agent for the
1288     licensee:
1289          (a) is at least 21 years old;
1290          (b) while making an off-premise beer delivery:
1291          (i) does not consume an alcoholic product; and
1292          (ii) is not intoxicated;
1293          (c) completes an alcohol training and education seminar; and
1294          (d) follows the requirements for delivery described in Subsection (6).
1295          (6) (a) An authorized delivery agent may not fulfill an off-premise beer delivery unless
1296     the authorized delivery agent verifies that the individual to whom the authorized delivery agent
1297     delivers the beer:
1298          (i) is at least 21 years old;
1299          (ii) is not actually, apparently, or obviously intoxicated;
1300          (iii) electronically paid in full for the off-premise beer delivery; and
1301          (iv) is the same individual whose name is attached to the electronic payment described
1302     in Subsection (6)(a)(iii).
1303          (b) An authorized delivery agent shall verify an individual's age in accordance with
1304     Section 32B-1-407.
1305          (c) Any beer that an authorized delivery agent is unable to deliver in accordance with
1306     this Subsection (6), the authorized delivery agent shall immediately return to the off-premise
1307     beer retailer from which the beer was purchased.
1308          (7) A beer delivery licensee shall retain a record of each delivery for three years after
1309     the day on which the delivery is made.
1310          Section 19. Section 62A-15-401 is amended to read:
1311          62A-15-401. Alcohol training and education seminar.
1312          (1) As used in this part:
1313          (a) "Authorized delivery agent" means the same as that term is defined in Section
1314     32B-1-102.
1315          (b) "Instructor" means a person that directly provides the instruction during an alcohol
1316     training and education seminar for a seminar provider.
1317          [(b)] (c) "Licensee" means a person who is:
1318          (i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
1319     and
1320          (B) engaged in the retail sale of an alcoholic product for consumption on the premises
1321     of the licensee; or
1322          (ii) a business that is:
1323          (A) a new or renewing licensee licensed by a city, town, or county; and
1324          (B) engaged in the retail sale of beer for consumption off the premises of the licensee.
1325          [(c)] (d) "Off-premise beer retailer" [is as] means the same as that term is defined in
1326     Section 32B-1-102.
1327          [(d)] (e) "Seminar provider" means a person other than the division who provides an
1328     alcohol training and education seminar meeting the requirements of this section.
1329          (2) (a) This section applies to:
1330          (i) a retail manager as defined in Section 32B-1-701;
1331          (ii) retail staff as defined in Section 32B-1-701; [and]
1332          (iii) an individual who, as defined by division rule:
1333          (A) directly supervises the sale of beer to a customer for consumption off the premises
1334     of an off-premise beer retailer; or
1335          (B) sells beer to a customer for consumption off the premises of an off-premise beer
1336     retailer[.]; and
1337          (iv) an authorized delivery agent.
1338          (b) If the individual does not have a valid record that the individual has completed an
1339     alcohol training and education seminar, an individual described in Subsection (2)(a) shall:
1340          (i) (A) complete an alcohol training and education seminar within 30 days [of the
1341     following] after the day on which one of the following occurs, if the individual is described in
1342     Subsection (2)(a)(i) or (ii):
1343          (I) if the individual is an employee, the day on which the individual begins
1344     employment;
1345          (II) if the individual is an independent contractor, the day on which the individual is
1346     first hired; or
1347          (III) if the individual holds an ownership interest in the licensee, the day [that] on
1348     which the individual first engages in an activity that would result in that individual being
1349     required to complete an alcohol training and education seminar; [or]
1350          (B) complete an alcohol training and education seminar within the time periods
1351     specified in Subsection 32B-1-703(1) if the individual is described in Subsection (2)(a)(iii)(A)
1352     or (B); [and] or
1353          (C) complete an alcohol training and education seminar within the time period
1354     specified in Subsection 32B-1-704(5)(c), if the individual is described in Subsection (2)(a)(iv);
1355     and
1356          (ii) pay a fee:
1357          (A) to the seminar provider; and
1358          (B) that is equal to or greater than the amount established under Subsection (4)(h).
1359          (c) An individual shall have a valid record that the individual completed an alcohol
1360     training and education seminar within the time period provided in this Subsection (2) to engage
1361     in an activity described in Subsection (2)(a).
1362          (d) A record that an individual has completed an alcohol training and education
1363     seminar is valid for:
1364          (i) three years [from] after the day on which the record is issued for an individual
1365     described in Subsection (2)(a)(i) or (ii); and
1366          (ii) five years [from] after the day on which the record is issued for an individual
1367     described in Subsection [(2)(a)(iii)(A) or (B)] (2)(a)(iii) or (iv).
1368          (e) [On and after July 1, 2011, to] To be considered as having completed an alcohol
1369     training and education seminar, an individual shall:
1370          (i) attend the alcohol training and education seminar and take any test required to
1371     demonstrate completion of the alcohol training and education seminar in the physical presence
1372     of an instructor of the seminar provider; or
1373          (ii) complete the alcohol training and education seminar and take any test required to
1374     demonstrate completion of the alcohol training and education seminar through an online course
1375     or testing program that meets the requirements described in Subsection (2)(f).
1376          (f) (i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1377     Administrative Rulemaking Act, establish one or more requirements for an online course or
1378     testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
1379     the online course or testing program.
1380          (ii) In developing the requirements by rule the division shall consider whether to
1381     require:
1382          [(i)] (A) authentication that the an individual accurately identifies the individual as
1383     taking the online course or test;
1384          [(ii)] (B) measures to ensure that an individual taking the online course or test is
1385     focused on training material throughout the entire training period;
1386          [(iii)] (C) measures to track the actual time an individual taking the online course or
1387     test is actively engaged online;
1388          [(iv)] (D) a seminar provider to provide technical support, such as requiring a
1389     telephone number, email, or other method of communication that allows an individual taking
1390     the online course or test to receive assistance if the individual is unable to participate online
1391     because of technical difficulties;
1392          [(v)] (E) a test to meet quality standards, including randomization of test questions and
1393     maximum time limits to take a test;
1394          [(vi)] (F) a seminar provider to have a system to reduce fraud as to who completes an
1395     online course or test, such as requiring a distinct online certificate with information printed on
1396     the certificate that identifies the person taking the online course or test, or requiring measures
1397     to inhibit duplication of a certificate;
1398          [(vii)] (G) measures for the division to audit online courses or tests;
1399          [(viii)] (H) measures to allow an individual taking an online course or test to provide
1400     an evaluation of the online course or test;
1401          [(ix)] (I) a seminar provider to track the Internet protocol address or similar electronic
1402     location of an individual who takes an online course or test;
1403          [(x)] (J) an individual who takes an online course or test to use an e-signature; or
1404          [(xi)] (K) a seminar provider to invalidate a certificate if the seminar provider learns
1405     that the certificate does not accurately reflect the individual who took the online course or test.
1406          (3) (a) A licensee may not permit an individual who is not in compliance with
1407     Subsection (2) to:
1408          (i) serve or supervise the serving of an alcoholic product to a customer for
1409     consumption on the premises of the licensee;
1410          (ii) engage in any activity that would constitute managing operations at the premises of
1411     a licensee that engages in the retail sale of an alcoholic product for consumption on the
1412     premises of the licensee;
1413          (iii) directly supervise the sale of beer to a customer for consumption off the premises
1414     of an off-premise beer retailer; [or]
1415          (iv) sell beer to a customer for consumption off the premises of an off-premise beer
1416     retailer[.]; or
1417          (v) deliver beer, as an authorized delivery agent, to a customer located off licensed
1418     premises.
1419          (b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
1420          (4) The division shall:
1421          (a) (i) provide alcohol training and education seminars; or
1422          (ii) certify one or more seminar providers;
1423          (b) establish the curriculum for an alcohol training and education seminar that includes
1424     the following subjects:
1425          (i) (A) alcohol as a drug; and
1426          (B) alcohol's effect on the body and behavior;
1427          (ii) recognizing the problem drinker or signs of intoxication;
1428          (iii) an overview of state alcohol laws related to responsible beverage sale or service,
1429     as determined in consultation with the Department of Alcoholic Beverage Control;
1430          (iv) dealing with the problem customer, including ways to terminate sale or service;
1431     and
1432          (v) for those supervising or engaging in the retail sale of an alcoholic product for
1433     consumption on the premises of a licensee, alternative means of transportation to get the
1434     customer safely home;
1435          (c) recertify each seminar provider every three years;
1436          (d) monitor compliance with the curriculum described in Subsection (4)(b);
1437          (e) maintain for at least five years a record of every person who has completed an
1438     alcohol training and education seminar;
1439          (f) provide the information described in Subsection (4)(e) on request to:
1440          (i) the Department of Alcoholic Beverage Control;
1441          (ii) law enforcement; or
1442          (iii) a person licensed by the state or a local government to sell an alcoholic product;
1443          (g) provide the Department of Alcoholic Beverage Control on request a list of any
1444     seminar provider certified by the division; and
1445          (h) establish a fee amount for each person attending an alcohol training and education
1446     seminar that is sufficient to offset the division's cost of administering this section.
1447          (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1448     Administrative Rulemaking Act:
1449          (a) define what constitutes under this section an individual who:
1450          (i) manages operations at the premises of a licensee engaged in the retail sale of an
1451     alcoholic product for consumption on the premises of the licensee;
1452          (ii) supervises the serving of an alcoholic product to a customer for consumption on the
1453     premises of a licensee;
1454          (iii) serves an alcoholic product to a customer for consumption on the premises of a
1455     licensee;
1456          (iv) directly supervises the sale of beer to a customer for consumption off the premises
1457     of an off-premise beer retailer; [or]
1458          (v) sells beer to a customer for consumption off the premises of an off-premise beer
1459     retailer; or
1460          (vi) delivers beer, as an authorized delivery agent, to a customer located off licensed
1461     premises;
1462          (b) establish criteria for certifying and recertifying a seminar provider; and
1463          (c) establish guidelines for the manner in which an instructor provides an alcohol
1464     education and training seminar.
1465          (6) A seminar provider shall:
1466          (a) obtain recertification by the division every three years;
1467          (b) ensure that an instructor used by the seminar provider:
1468          (i) follows the curriculum established under this section; and
1469          (ii) conducts an alcohol training and education seminar in accordance with the
1470     guidelines established by rule;
1471          (c) ensure that any information provided by the seminar provider or instructor of a
1472     seminar provider is consistent with:
1473          (i) the curriculum established under this section; and
1474          (ii) this section;
1475          (d) provide the division with the names of all persons who complete an alcohol training
1476     and education seminar provided by the seminar provider;
1477          (e) (i) collect a fee for each person attending an alcohol training and education seminar
1478     in accordance with Subsection (2); and
1479          (ii) forward to the division the portion of the fee that is equal to the amount described
1480     in Subsection (4)(h); and
1481          (f) issue a record to an individual that completes an alcohol training and education
1482     seminar provided by the seminar provider.
1483          (7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
1484     Administrative Procedures Act, the division finds that a seminar provider violates this section
1485     or that an instructor of the seminar provider violates this section, the division may:
1486          (i) suspend the certification of the seminar provider for a period not to exceed 90 days
1487     after the day on which the suspension begins;
1488          (ii) revoke the certification of the seminar provider;
1489          (iii) require the seminar provider to take corrective action regarding an instructor; or
1490          (iv) prohibit the seminar provider from using an instructor until such time that the
1491     seminar provider establishes to the satisfaction of the division that the instructor is in
1492     compliance with Subsection (6)(b).
1493          (b) The division may certify a seminar provider whose certification is revoked:
1494          (i) no sooner than 90 days [from the date] after the day on which the division revokes
1495     the certification [is revoked]; and
1496          (ii) if the seminar provider establishes to the satisfaction of the division that the
1497     seminar provider will comply with this section.
1498          Section 20. Section 63I-2-232 is amended to read:
1499          63I-2-232. Repeal dates -- Title 32B.
1500          (1) Subsection [32B-1-102(9)] 32B-1-102 is repealed July 1, 2022.
1501          (2) Subsection 32B-1-407(3)(d) is repealed July 1, 2022.
1502          [(3) Section 32B-2-211.1 is repealed November 1, 2020.]
1503          [(4) Subsection 32B-5-202(4), which addresses license renewal during 2020, is
1504     repealed January 1, 2021.]
1505          [(5)] (3) Subsections 32B-6-202(3) and (4) are repealed July 1, 2022.
1506          [(6)] (4) Section 32B-6-205 is repealed July 1, 2022.
1507          [(7)] (5) Subsection 32B-6-205.2(16) is repealed July 1, 2022.
1508          [(8)] (6) Section 32B-6-205.3 is repealed July 1, 2022.
1509          [(9)] (7) Subsections 32B-6-302(3) and (4) are repealed July 1, 2022.
1510          [(10)] (8) Section 32B-6-305 is repealed July 1, 2022.
1511          [(11)] (9) Subsection 32B-6-305.2(15) is repealed July 1, 2022.
1512          [(12)] (10) Section 32B-6-305.3 is repealed July 1, 2022.
1513          [(13)] (11) Section 32B-6-404.1 is repealed July 1, 2022.
1514          [(14)] (12) Section 32B-6-409 is repealed July 1, 2022.
1515          [(15)] (13) Subsection 32B-6-703(2)(e)(iv) is repealed July 1, 2022.
1516          [(16)] (14) Subsections 32B-6-902(1)(c), (1)(d), and (2) are repealed July 1, 2022.
1517          [(17)] (15) Section 32B-6-905 is repealed July 1, 2022.
1518          [(18)] (16) Subsection 32B-6-905.1(15) is repealed July 1, 2022.
1519          [(19)] (17) Section 32B-6-905.2 is repealed July 1, 2022.
1520          [(20)] (18) Subsection 32B-8d-104(3) is repealed July 1, 2022.