1     
OCCUPATIONAL RESTRICTION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to serving an alcoholic product in a restaurant
10     licensed by the Department of Alcoholic Beverage Services.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an employee of a restaurant licensee who is at least 18 years old to:
14               •     inform a patron of the availability of an alcoholic product for purchase; and
15               •     take a patron's order for an alcoholic product; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          32B-5-308, as last amended by Laws of Utah 2019, Chapter 403
24          32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
25          32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
26          32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 32B-5-308 is amended to read:
30          32B-5-308. Requirements on staff or others on premises -- Employing a minor.
31          (1) Staff of a retail licensee, while on duty, may not:
32          (a) consume an alcoholic product; or
33          (b) be intoxicated.
34          (2) (a) A retail licensee may not employ a minor to sell, offer for sale, furnish, or
35     dispense an alcoholic product.
36          (b) Notwithstanding Subsection (2)(a), unless otherwise prohibited in the provisions
37     related to the specific type of retail license, a retail licensee may employ a minor who is at least
38     16 years of age to enter the sale at a cash register or other sales recording device.
39          [(3) A full-service restaurant licensee, limited-service restaurant licensee, or beer-only
40     restaurant licensee may employ a minor who is at least 16 years of age to bus tables, including
41     containers that contain an alcoholic product.]
42          Section 2. Section 32B-6-205.2 is amended to read:
43          32B-6-205.2. Specific operational requirements for a full-service restaurant
44     license -- On and after July 1, 2018, or July 1, 2022.
45          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
46     Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
47     shall comply with this section.
48          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
49     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
50          (i) a full-service restaurant licensee;
51          (ii) individual staff of a full-service restaurant licensee; or
52          (iii) both a full-service restaurant licensee and staff of the full-service restaurant
53     licensee.
54          (2) (a) An individual who serves an alcoholic product in a full-service restaurant
55     licensee's premises shall make a beverage tab for each table or group that orders or consumes
56     an alcoholic product on the premises.
57          (b) A beverage tab described in this Subsection (2) shall state the type and amount of
58     each alcoholic product ordered or consumed.

59          (3) A full-service restaurant licensee may not make an individual's willingness to serve
60     an alcoholic product a condition of employment with a full-service restaurant licensee.
61          (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
62     licensed premises during the following time periods only:
63          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
64          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
65     period that begins at 10:30 a.m. and ends at 11:59 p.m.
66          (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
67     licensed premises during the following time periods only:
68          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
69          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
70     period that begins at 10:30 a.m. and ends at 12:59 a.m.
71          (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
72     on-premise consumption except after:
73          (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
74     product is seated at:
75          (A) a table that is located in a dining area or a dispensing area;
76          (B) a counter that is located in a dining area or a dispensing area; or
77          (C) a dispensing structure that is located in a dispensing area; and
78          (ii) the full-service restaurant licensee confirms that the patron intends to:
79          (A) order food prepared, sold, and furnished at the licensed premises; and
80          (B) except as provided in Subsection (5)(b), consume the food at the same location
81     where the patron is seated and furnished the alcoholic product.
82          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
83     full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
84     furnish to the patron one drink that contains a single portion of an alcoholic product as
85     described in Section 32B-5-304 if:
86          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
87     structure; and
88          (B) the full-service restaurant licensee first confirms that after the patron is seated in
89     the dining area, the patron intends to order food prepared, sold, and furnished at the licensed

90     premises.
91          (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
92     in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
93     and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion
94     of the patron's alcoholic product to the patron's seat in the dining area.
95          (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
96          (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
97     furnish beer for off-premise consumption except after the patron consumes on the licensed
98     premises food prepared, sold, and furnished at the licensed premises.
99          (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
100     culinary facilities for food preparation and dining accommodations.
101          (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
102     licensed premises only if the patron is seated at:
103          (a) a table that is located in a dining area or dispensing area;
104          (b) a counter that is located in a dining area or dispensing area; or
105          (c) a dispensing structure located in a dispensing area.
106          (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
107     more than two alcoholic products of any kind at a time before the patron.
108          (b) A patron may not have more than one spirituous liquor drink at a time before the
109     patron.
110          (c) An individual portion of wine is considered to be one alcoholic product under
111     Subsection (7)(a).
112          (8) In accordance with the provisions of this section, an individual who is at least 21
113     years old may consume food and beverages in a dispensing area.
114          (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
115     consume food or beverages in a dispensing area.
116          (b) (i) A minor may be in a dispensing area if the minor is:
117          (A) at least 16 years old and working as an employee of the full-service restaurant
118     licensee; or
119          (B) performing maintenance and cleaning services as an employee of the full-service
120     restaurant licensee when the full-service restaurant licensee is not open for business.

121          (ii) If there is no alternative route available, a minor may momentarily pass through a
122     dispensing area without remaining or sitting in the dispensing area en route to an area of the
123     full-service restaurant licensee's premises in which the minor is permitted to be.
124          (c) A full-service restaurant licensee may employ a minor who is at least 16 years old
125     to bus tables, including containers that contain an alcoholic product.
126          (d) Notwithstanding Subsection 32B-5-308(2)(a), a full-service restaurant licensee may
127     employ a minor who is at least 18 years old to:
128          (i) inform a patron of the availability of an alcoholic product for purchase; or
129          (ii) take a patron's order for an alcoholic product.
130          (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
131     may dispense an alcoholic product only if:
132          (a) the alcoholic product is dispensed from:
133          (i) a dispensing structure that is located in a dispensing area;
134          (ii) an area that is:
135          (A) separated from an area for the consumption of food by a patron by a solid,
136     translucent, permanent structural barrier such that the facilities for the dispensing of an
137     alcoholic product are not readily visible to a patron and not accessible by a patron; and
138          (B) apart from an area used for dining, for staging, or as a waiting area; or
139          (iii) the premises of a bar licensee that is:
140          (A) owned by the same person or persons as the full-service restaurant licensee; and
141          (B) located immediately adjacent to the premises of the full-service restaurant licensee;
142     and
143          (b) any instrument or equipment used to dispense alcoholic product is located in an
144     area described in Subsection (10)(a).
145          (11) (a) A full-service restaurant licensee may have more than one dispensing area in
146     the licensed premises.
147          (b) Each dispensing area in a licensed premises may satisfy the requirements for a
148     dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
149     dispensing area in the licensed premises satisfies the requirements for a dispensing area.
150          (12) A full-service restaurant licensee may not:
151          (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or

152          (b) display an alcoholic product or a product intended to appear like an alcoholic
153     product by moving a cart or similar device around the licensed premises.
154          (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
155     charge or fee made in connection with the sale, service, or consumption of liquor, including:
156          (a) a set-up charge;
157          (b) a service charge; or
158          (c) a chilling fee.
159          (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
160     restaurant licensee shall maintain each of the following records for at least three years:
161          (i) a record required by Section 32B-5-302; and
162          (ii) a record that the commission requires a full-service restaurant licensee to use or
163     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
164     Rulemaking Act.
165          (b) The department shall audit the records of a full-service restaurant licensee at least
166     once annually.
167          (15) A full-service restaurant licensee may lease to a patron of the full-service
168     restaurant licensee a locked storage space:
169          (a) that the commission considers proper for the storage of wine; and
170          (b) for the storage of wine that:
171          (i) the patron purchases from the full-service restaurant licensee; and
172          (ii) only the full-service restaurant licensee or staff of the full-service restaurant
173     licensee may remove from the locker for the patron's use in accordance with this title,
174     including:
175          (A) service and consumption on licensed premises as described in Section 32B-5-306;
176     or
177          (B) removal from the full-service retail licensee's licensed premises in accordance with
178     Section 32B-5-307.
179          Section 3. Section 32B-6-305.2 is amended to read:
180          32B-6-305.2. Specific operational requirements for a limited-service restaurant
181     license -- On and after July 1, 2018, or July 1, 2022.
182          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational

183     Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
184     licensee shall comply with this section.
185          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
186     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
187          (i) a limited-service restaurant licensee;
188          (ii) individual staff of a limited-service restaurant licensee; or
189          (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
190     licensee.
191          (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
192     licensee's premises shall make a beverage tab for each table or group that orders or consumes
193     an alcoholic product on the premises.
194          (b) A beverage tab described in this Subsection (2) shall state the type and amount of
195     each alcoholic product ordered or consumed.
196          (3) A limited-service restaurant licensee may not make an individual's willingness to
197     serve an alcoholic product a condition of employment with a limited-service restaurant
198     licensee.
199          (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
200     heavy beer at the licensed premises during the following time periods only:
201          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
202          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
203     period that begins at 10:30 a.m. and ends at 11:59 p.m.
204          (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
205     licensed premises during the following time periods only:
206          (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
207          (ii) on a weekend or a state or federal legal holiday or for a private event, during the
208     period that begins at 10:30 a.m. and ends at 12:59 a.m.
209          (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
210     on-premise consumption except after:
211          (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
212     product is seated at:
213          (A) a table that is located in a dining area or a dispensing area;

214          (B) a counter that is located in a dining area or a dispensing area; or
215          (C) a dispensing structure that is located in a dispensing area; and
216          (ii) the limited-service restaurant licensee confirms that the patron intends to:
217          (A) order food prepared, sold, and furnished at the licensed premises; and
218          (B) except as provided in Subsection (5)(b), consume the food at the same location
219     where the patron is seated and furnished the alcoholic product.
220          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
221     limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
222     sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
223     described in Section 32B-5-304 if:
224          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
225     structure; and
226          (B) the limited-service restaurant licensee first confirms that after the patron is seated
227     in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
228     premises.
229          (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
230     in the dining area, an employee of the limited-service restaurant licensee who is qualified to
231     sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished
232     portion of the patron's alcoholic product to the patron's seat in the dining area.
233          (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
234          (c) Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not
235     furnish beer for off-premise consumption except after the patron consumes on the licensed
236     premises food prepared, sold, and furnished at the licensed premises.
237          (d) A limited-service restaurant licensee shall maintain on the licensed premises
238     adequate culinary facilities for food preparation and dining accommodations.
239          (6) A patron may consume an alcoholic product on the limited-service restaurant
240     licensee's licensed premises only if the patron is seated at:
241          (a) a table that is located in a dining area or a dispensing area;
242          (b) a counter that is located in a dining area or a dispensing area; or
243          (c) a dispensing structure located in a dispensing area.
244          (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have

245     more than two alcoholic products of any kind at a time before the patron.
246          (b) An individual portion of wine is considered to be one alcoholic product under
247     Subsection (7)(a).
248          (8) In accordance with the provisions of this section, an individual who is at least 21
249     years old may consume food and beverages in a dispensing area.
250          (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
251     consume food or beverages in a dispensing area.
252          (b) (i) A minor may be in a dispensing area if the minor is:
253          (A) at least 16 years old and working as an employee of the limited-service restaurant
254     licensee; or
255          (B) performing maintenance and cleaning services as an employee of the
256     limited-service restaurant licensee when the limited-service restaurant licensee is not open for
257     business.
258          (ii) If there is no alternative route available, a minor may momentarily pass through a
259     dispensing area without remaining or sitting in the dispensing area en route to an area of the
260     limited-service restaurant licensee's premises in which the minor is permitted to be.
261          (c) A limited-service restaurant licensee may employ a minor who is at least 16 years
262     old to bus tables, including containers that contain an alcoholic product.
263          (d) Notwithstanding Subsection 32B-5-308(2)(a), a limited-service restaurant licensee
264     may employ a minor who is at least 18 years old to:
265          (i) inform a patron of the availability of an alcoholic product for purchase; or
266          (ii) take a patron's order for an alcoholic product.
267          (10) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
268     licensee may dispense an alcoholic product only if:
269          (a) the alcoholic product is dispensed from:
270          (i) a dispensing structure that is located in a dispensing area;
271          (ii) an area that is:
272          (A) separated from an area for the consumption of food by a patron by a solid,
273     translucent, permanent structural barrier such that the facilities for the dispensing of an
274     alcoholic product are not readily visible to a patron and not accessible by a patron; and
275          (B) apart from an area used for dining, for staging, or as a waiting area; or

276          (iii) the premises of a bar licensee that is:
277          (A) owned by the same person or persons as the limited-service restaurant licensee; and
278          (B) located immediately adjacent to the premises of the limited-service restaurant
279     licensee; and
280          (b) any instrument or equipment used to dispense alcoholic product is located in an
281     area described in Subsection (10)(a).
282          (11) (a) A limited-service restaurant licensee may have more than one dispensing area
283     in the licensed premises.
284          (b) Each dispensing area in a licensed premises may satisfy the requirements for a
285     dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
286     dispensing area in the licensed premises satisfies the requirements for a dispensing area.
287          (12) A limited-service restaurant licensee may not:
288          (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
289          (b) display an alcoholic product or a product intended to appear like an alcoholic
290     product by moving a cart or similar device around the licensed premises.
291          (13) A limited-service restaurant licensee may state in a food or alcoholic product
292     menu a charge or fee made in connection with the sale, service, or consumption of wine or
293     heavy beer, including:
294          (a) a set-up charge;
295          (b) a service charge; or
296          (c) a chilling fee.
297          (14) (a) In addition to the requirements described in Section 32B-5-302, a
298     limited-service restaurant licensee shall maintain each of the following records for at least three
299     years:
300          (i) a record required by Section 32B-5-302; and
301          (ii) a record that the commission requires a limited-service restaurant licensee to use or
302     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
303     Rulemaking Act.
304          (b) The department shall audit the records of a limited-service restaurant licensee at
305     least once each calendar year.
306          Section 4. Section 32B-6-905.1 is amended to read:

307          32B-6-905.1. Specific operational requirements for a beer-only restaurant license
308     -- On and after July 1, 2018, or July 1, 2022.
309          (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
310     Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
311     shall comply with this section.
312          (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
313     accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
314          (i) a beer-only restaurant licensee;
315          (ii) individual staff of a beer-only restaurant licensee; or
316          (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
317          (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
318     sale, furnish, or allow consumption of liquor.
319          (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
320          (i) as a flavoring on a dessert; or
321          (ii) in the preparation of a flaming food dish, drink, or dessert.
322          (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
323     make a beverage tab for each table or group that orders or consumes beer on the premises.
324          (b) A beverage tab described in this Subsection (3) shall state the type and amount of
325     each beer ordered or consumed.
326          (4) A beer-only restaurant licensee may not make an individual's willingness to serve
327     beer a condition of employment as a server with a beer-only restaurant licensee.
328          (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
329     licensed premises during the following time periods only:
330          (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
331          (b) on a weekend or a state or federal legal holiday or for a private event, during the
332     period that begins at 10:30 a.m. and ends at 12:59 a.m.
333          (6) (a) A beer-only restaurant licensee may not furnish beer for on-premise
334     consumption except after:
335          (i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
336          (A) a table that is located in a dining area or a dispensing area;
337          (B) a counter that is located in a dining area or a dispensing area; or

338          (C) a dispensing structure that is located in a dispensing area; and
339          (ii) the beer-only restaurant licensee confirms that the patron intends to:
340          (A) order food prepared, sold, and furnished at the licensed premises; and
341          (B) except as provided in Subsection (6)(b), consume the food at the same location
342     where the patron is seated and furnished the beer.
343          (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
344     beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
345     furnish to the patron one portion of beer as described in Section 32B-5-304 if:
346          (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
347     structure; and
348          (B) the beer-only restaurant licensee first confirms that after the patron is seated in the
349     dining area, the patron intends to order food prepared, sold, and furnished at the licensed
350     premises.
351          (ii) If the patron does not finish the patron's beer before moving to a seat in the dining
352     area, an employee of the beer-only restaurant licensee who is qualified to sell and serve an
353     alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the
354     patron's beer to the patron's seat in the dining area.
355          (c) Notwithstanding Section 32B-5-307, a beer-only restaurant licensee may not
356     furnish beer for off-premise consumption except after the patron consumes on the licensed
357     premises food prepared, sold, and furnished at the licensed premises.
358          (d) A beer-only restaurant licensee shall maintain on the licensed premises adequate
359     culinary facilities for food preparation and dining accommodations.
360          (7) A patron may consume a beer on the beer-only licensee's licensed premises only at:
361          (a) a table that is located in a dining area or a dispensing area;
362          (b) a counter that is located in a dining area or a dispensing area; or
363          (c) a dispensing structure located in a dispensing area.
364          (8) A patron may not have more than two beers at a time before the patron.
365          (9) In accordance with the provisions of this section, an individual who is at least 21
366     years old may consume food and beverages in a dispensing area.
367          (10) (a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or
368     consume food or beverages in a dispensing area.

369          (b) (i) A minor may be in a dispensing area if the minor is:
370          (A) at least 16 years old and working as an employee of the beer-only restaurant
371     licensee; or
372          (B) performing maintenance and cleaning services as an employee of the beer-only
373     restaurant licensee when the beer-only restaurant licensee is not open for business.
374          (ii) If there is no alternative route available, a minor may momentarily pass through a
375     dispensing area without remaining or sitting in the dispensing area en route to an area of the
376     beer-only restaurant licensee's premises in which the minor is permitted to be.
377          (c) A beer-only restaurant licensee may employ a minor who is at least 16 years old to
378     bus tables, including containers that contain beer.
379          (d) Notwithstanding Subsection 32B-5-308(2)(a), a beer-only restaurant licensee may
380     employ a minor who is at least 18 years old to:
381          (i) inform a patron of the availability of a beer for purchase; or
382          (ii) take a patron's order for a beer.
383          (11) A beer-only restaurant licensee may dispense a beer only if:
384          (a) the beer is dispensed from:
385          (i) a dispensing structure that is located in a dispensing area;
386          (ii) an area that is:
387          (A) separated from an area for the consumption of food by a patron by a solid,
388     translucent, permanent structural barrier such that the facilities for the dispensing of an
389     alcoholic product are not readily visible to a patron and not accessible by a patron; and
390          (B) apart from an area used for dining, for staging, or as a waiting area; or
391          (iii) the premises of a bar licensee that is:
392          (A) owned by the same person or persons as the beer-only restaurant licensee; and
393          (B) located immediately adjacent to the premises of the beer-only restaurant licensee;
394     and
395          (b) any instrument or equipment used to dispense the beer is located in an area
396     described in Subsection (11)(a).
397          (12) (a) A beer-only restaurant licensee may have more than one dispensing area in the
398     licensed premises.
399          (b) Each dispensing area in a licensed premises may satisfy the requirements for a

400     dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any
401     other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
402          (13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
403     from a movable cart.
404          (14) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
405     restaurant licensee shall maintain each of the following records for at least three years:
406          (i) a record required by Section 32B-5-302; and
407          (ii) a record that the commission requires a beer-only restaurant licensee to use or
408     maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
409     Rulemaking Act.
410          (b) The department shall audit the records of a beer-only restaurant licensee at least
411     once annually.