This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 27, 2023 at 4:15 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Alcoholic Beverage Control Act and related provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates and modifies definitions;
13 ▸ modifies the proximity within which a hotel licensee may be to a community
14 location;
15 ▸ clarifies hotel and resort licensee room service requirements;
16 ▸ modifies provisions related to flavored beer, heavy beer, and other malt beverages;
17 ▸ establishes a process for the Department of Alcoholic Beverage Services
18 (department) to review and approve flavoring in beer;
19 ▸ addresses minor ownership in an entity that applies for an alcohol license, package
20 agency, or permit;
21 ▸ prohibits the department from purchasing or stocking spirituous liquor in a
22 container under 200 milliliters except for certain purposes;
23 ▸ modifies alcohol training and education requirements for certain staff of an alcohol
24 licensee;
25 ▸ requires the Alcoholic Beverage Services Commission (commission) to provide
26 information regarding an off-premise beer retailer licensee's sale of an alcoholic product to a
27 minor to the Department of Public Safety and requires the Department of Public Safety to
28 manage the information;
29 ▸ modifies alcohol license renewal fee requirements;
30 ▸ removes provisions requiring the clerk of the court to notify the department of
31 violations of the Alcoholic Beverage Control Act or alcohol-related local
32 ordinances;
33 ▸ prohibits storage of an alcoholic beverage for sale if a person is not authorized to
34 sell the alcoholic beverage;
35 ▸ modifies license forfeiture requirements for retail licensees that cease operations;
36 ▸ allows certain restaurant venues to obtain an on-premise banquet license for the
37 same premises as a restaurant license;
38 ▸ limits the number of on-premise banquet licenses the commission may issue to a
39 restaurant venue;
40 ▸ addresses the proximity within which a restaurant venue on-premise banquet license
41 may be to a community location;
42 ▸ allows a hotel or resort to obtain an off-premise beer retailer state license;
43 ▸ allows a restaurant patron who is escorted by a restaurant employee to carry an
44 unfinished drink from the dispensing area to the dining area;
45 ▸ modifies serving size requirements for hard cider;
46 ▸ modifies requirements for master full-service restaurant licensees;
47 ▸ exempts resort sublicenses from the commission's calculation regarding the total
48 number of retail licenses issued;
49 ▸ exempts a certain number of full-service restaurant licenses from the population
50 quota applicable to full-service restaurant licenses;
51 ▸ exempts a certain number of bar establishment licenses from the population quota
52 applicable to bar establishment licenses;
53 ▸ modifies requirements for certain equity licensees to maintain a substantial
54 recreational facility;
55 ▸ provides that an equity licensee may have more than one dispensing structure on the
56 equity licensee's premises;
57 ▸ increases the number of airport lounge licenses the commission may issue for an
58 international airport;
59 ▸ allows the commission to issue a certain number of airport lounge licenses to a
60 domestic airport;
61 ▸ requires a person who transports liquor to a domestic airport to obtain a liquor
62 transport license;
63 ▸ modifies department notice requirements for, and the process for issuance of, an
64 event permit;
65 ▸ allows the commission to deem certain licenses forfeited for the licensee's failure to
66 meet change in ownership notice requirements;
67 ▸ modifies the time period within which a local industry representative licensee and
68 liquor warehousing licensee is required to notify the department regarding change of
69 ownership;
70 ▸ modifies provisions related to management agreements concerning a business that is
71 utilizing an alcohol license;
72 ▸ clarifies provisions related to alcohol inventory transfer agreements; and
73 ▸ makes technical and conforming changes.
74 Money Appropriated in this Bill:
75 None
76 Other Special Clauses:
77 None
78 Utah Code Sections Affected:
79 AMENDS:
80 32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
81 32B-1-202, as last amended by Laws of Utah 2021, Chapter 291
82 32B-1-202.1, as last amended by Laws of Utah 2022, Chapter 447
83 32B-1-304, as last amended by Laws of Utah 2021, Chapter 291
84 32B-1-603, as last amended by Laws of Utah 2022, Chapter 447
85 32B-1-703, as renumbered and amended by Laws of Utah 2019, Chapter 403
86 32B-1-705, as renumbered and amended by Laws of Utah 2019, Chapter 403
87 32B-2-202, as last amended by Laws of Utah 2022, Chapter 447
88 32B-2-303, as last amended by Laws of Utah 2011, Chapter 307
89 32B-4-202, as last amended by Laws of Utah 2016, Chapter 176
90 32B-4-418, as enacted by Laws of Utah 2010, Chapter 276
91 32B-5-304, as last amended by Laws of Utah 2022, Chapter 447
92 32B-5-309, as last amended by Laws of Utah 2022, Chapter 447
93 32B-6-203, as last amended by Laws of Utah 2019, Chapter 403
94 32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
95 32B-6-206, as last amended by Laws of Utah 2019, Chapter 403
96 32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
97 32B-6-403, as last amended by Laws of Utah 2018, Chapter 249
98 32B-6-404, as last amended by Laws of Utah 2018, Chapter 249
99 32B-6-406, as last amended by Laws of Utah 2020, Chapter 219
100 32B-6-503, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 3
101 32B-6-603, as last amended by Laws of Utah 2020, Chapter 219
102 32B-6-605, as last amended by Laws of Utah 2022, Chapter 447
103 32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
104 32B-6-1005, as last amended by Laws of Utah 2022, Chapter 447
105 32B-7-409, as enacted by Laws of Utah 2020, Chapter 219
106 32B-8-401, as last amended by Laws of Utah 2020, Chapter 219
107 32B-8b-102, as last amended by Laws of Utah 2020, Chapter 219
108 32B-8b-301, as last amended by Laws of Utah 2022, Chapter 447
109 32B-8d-103, as last amended by Laws of Utah 2022, Chapter 447
110 32B-8d-205, as last amended by Laws of Utah 2022, Chapter 447
111 32B-9-202, as last amended by Laws of Utah 2016, Chapter 35
112 32B-11-209, as enacted by Laws of Utah 2010, Chapter 276
113 32B-11-210, as enacted by Laws of Utah 2016, Chapter 266
114 32B-11-609, as enacted by Laws of Utah 2010, Chapter 276
115 32B-12-302, as enacted by Laws of Utah 2010, Chapter 276
116 32B-17-102, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 3
117 32B-18-204, as renumbered and amended by Laws of Utah 2022, Chapter 447
118 32B-18-205, as enacted by Laws of Utah 2022, Chapter 447
119 62A-15-401, as last amended by Laws of Utah 2022, Chapter 447
120 ENACTS:
121 32B-1-603.5, Utah Code Annotated 1953
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123 Be it enacted by the Legislature of the state of Utah:
124 Section 1. Section 32B-1-102 is amended to read:
125 32B-1-102. Definitions.
126 As used in this title:
127 (1) "Airport lounge" means a business location:
128 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
129 (b) that is located at an international airport or domestic airport.
130 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
131 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
132 (3) "Alcoholic beverage" means the following:
133 (a) beer; or
134 (b) liquor.
135 (4) (a) "Alcoholic product" means a product that:
136 (i) contains at least .5% of alcohol by volume; and
137 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
138 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
139 in an amount equal to or greater than .5% of alcohol by volume.
140 (b) "Alcoholic product" includes an alcoholic beverage.
141 (c) "Alcoholic product" does not include any of the following common items that
142 otherwise come within the definition of an alcoholic product:
143 (i) except as provided in Subsection (4)(d), an extract;
144 (ii) vinegar;
145 (iii) preserved nonintoxicating cider;
146 (iv) essence;
147 (v) tincture;
148 (vi) food preparation; or
149 (vii) an over-the-counter medicine.
150 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
151 when it is used as a flavoring in the manufacturing of an alcoholic product.
152 (5) "Alcohol training and education seminar" means a seminar that is:
153 (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
154 (b) described in Section 62A-15-401.
155 (6) "Arena" means an enclosed building:
156 (a) that is managed by:
157 (i) the same person who owns the enclosed building;
158 (ii) a person who has a majority interest in each person who owns or manages a space
159 in the enclosed building; or
160 (iii) a person who has authority to direct or exercise control over the management or
161 policy of each person who owns or manages a space in the enclosed building;
162 (b) that operates as a venue; and
163 (c) that has an occupancy capacity of at least 12,500.
164 (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
165 License Act, and Chapter 8c, Arena License Act.
166 (8) "Banquet" means an event:
167 (a) that is a private event or a privately sponsored event;
168 (b) that is held at one or more designated locations approved by the commission in or
169 on the premises of:
170 (i) a hotel;
171 (ii) a resort facility;
172 (iii) a sports center;
173 (iv) a convention center;
174 (v) a performing arts facility; [
175 (vi) an arena; or
176 (vii) a restaurant venue;
177 (c) for which there is a contract:
178 (i) between a person operating a facility listed in Subsection (8)(b) and another person
179 that has common ownership of less than 20% with the person operating the facility; and
180 (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
181 provide an alcoholic product at the event; and
182 (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
183 (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
184 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
185 (b) "Bar establishment license" includes:
186 (i) a dining club license;
187 (ii) an equity license;
188 (iii) a fraternal license; or
189 (iv) a bar license.
190 (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
191 Act, and Chapter 6, Part 4, Bar Establishment License.
192 (11) (a) "Beer" means a product that:
193 (i) contains:
194 (A) at least .5% of alcohol by volume; and
195 (B) no more than 5% of alcohol by volume or 4% by weight;
196 (ii) is obtained by fermentation, infusion, or decoction of:
197 (A) malt; or
198 (B) a malt substitute; and
199 (iii) is clearly marketed, labeled, and identified as:
200 (A) beer;
201 (B) ale;
202 (C) porter;
203 (D) stout;
204 (E) lager;
205 (F) a malt;
206 (G) a malted beverage; or
207 (H) seltzer.
208 (b) "Beer" may contain:
209 (i) hops extract; [
210 (ii) caffeine, if the caffeine is a natural constituent of an added ingredient[
211 (iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
212 (A) is used in the production of beer;
213 (B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
214 Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
215 (C) does not contribute more than 10% of the overall alcohol content of the beer.
216 (c) "Beer" does not include:
217 (i) a flavored malt beverage;
218 (ii) a product that contains alcohol derived from:
219 (A) except as provided in Subsection (11)(b)(iii), spirituous liquor; or
220 (B) wine; or
221 (iii) a product that contains an additive masking or altering a physiological effect of
222 alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
223 (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
224 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
225 (13) "Beer retailer" means a business that:
226 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
227 for consumption on or off the business premises; and
228 (b) is licensed as:
229 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
230 Retailer Local Authority; or
231 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
232 Chapter 6, Part 7, On-Premise Beer Retailer License.
233 (14) "Beer wholesaling license" means a license:
234 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
235 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
236 retail licensees or off-premise beer retailers.
237 (15) "Billboard" means a public display used to advertise, including:
238 (a) a light device;
239 (b) a painting;
240 (c) a drawing;
241 (d) a poster;
242 (e) a sign;
243 (f) a signboard; or
244 (g) a scoreboard.
245 (16) "Brewer" means a person engaged in manufacturing:
246 (a) beer;
247 (b) heavy beer; or
248 (c) a flavored malt beverage.
249 (17) "Brewery manufacturing license" means a license issued in accordance with
250 Chapter 11, Part 5, Brewery Manufacturing License.
251 (18) "Certificate of approval" means a certificate of approval obtained from the
252 department under Section 32B-11-201.
253 (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
254 a bus company to a group of persons pursuant to a common purpose:
255 (a) under a single contract;
256 (b) at a fixed charge in accordance with the bus company's tariff; and
257 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
258 motor vehicle, and a driver to travel together to one or more specified destinations.
259 (20) "Church" means a building:
260 (a) set apart for worship;
261 (b) in which religious services are held;
262 (c) with which clergy is associated; and
263 (d) that is tax exempt under the laws of this state.
264 (21) "Commission" means the Alcoholic Beverage Services Commission created in
265 Section 32B-2-201.
266 (22) "Commissioner" means a member of the commission.
267 (23) "Community location" means:
268 (a) a public or private school;
269 (b) a church;
270 (c) a public library;
271 (d) a public playground; or
272 (e) a public park.
273 (24) "Community location governing authority" means:
274 (a) the governing body of the community location; or
275 (b) if the commission does not know who is the governing body of a community
276 location, a person who appears to the commission to have been given on behalf of the
277 community location the authority to prohibit an activity at the community location.
278 (25) "Container" means a receptacle that contains an alcoholic product, including:
279 (a) a bottle;
280 (b) a vessel; or
281 (c) a similar item.
282 (26) "Controlled group of manufacturers" means as the commission defines by rule
283 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
284 (27) "Convention center" means a facility that is:
285 (a) in total at least 30,000 square feet; and
286 (b) otherwise defined as a "convention center" by the commission by rule.
287 (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
288 where seating is provided to a patron for service of food.
289 (b) "Counter" does not include a dispensing structure.
290 (29) "Crime involving moral turpitude" is as defined by the commission by rule.
291 (30) "Department" means the Department of Alcoholic Beverage Services created in
292 Section 32B-2-203.
293 (31) "Department compliance officer" means an individual who is:
294 (a) an auditor or inspector; and
295 (b) employed by the department.
296 (32) "Department sample" means liquor that is placed in the possession of the
297 department for testing, analysis, and sampling.
298 (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
299 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
300 commission as a dining club license.
301 (34) "Director," unless the context requires otherwise, means the director of the
302 department.
303 (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
304 title:
305 (a) against a person subject to administrative action; and
306 (b) that is brought on the basis of a violation of this title.
307 (36) (a) Subject to Subsection (36)(b), "dispense" means:
308 (i) drawing an alcoholic product; and
309 (ii) using the alcoholic product at the location from which it was drawn to mix or
310 prepare an alcoholic product to be furnished to a patron of the retail licensee.
311 (b) The definition of "dispense" in this Subsection (36) applies only to:
312 (i) a full-service restaurant license;
313 (ii) a limited-service restaurant license;
314 (iii) a reception center license;
315 (iv) a beer-only restaurant license;
316 (v) a bar license;
317 (vi) an on-premise beer retailer;
318 (vii) an airport lounge license;
319 (viii) an on-premise banquet license; and
320 (ix) a hospitality amenity license.
321 (37) "Dispensing structure" means a surface or structure on a licensed premises:
322 (a) where an alcoholic product is dispensed; or
323 (b) from which an alcoholic product is served.
324 (38) "Distillery manufacturing license" means a license issued in accordance with
325 Chapter 11, Part 4, Distillery Manufacturing License.
326 (39) "Distressed merchandise" means an alcoholic product in the possession of the
327 department that is saleable, but for some reason is unappealing to the public.
328 (40) "Domestic airport" means an airport that:
329 (a) has at least 15,000 commercial airline passenger boardings in any five-year period;
330 (b) receives scheduled commercial passenger aircraft service; and
331 (c) is not an international airport.
332 [
333 Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
334 commission as an equity license.
335 [
336 (a) a single event permit; or
337 (b) a temporary beer event permit.
338 [
339 being considered in determining the total number of retail licenses that the commission may
340 issue at any time.
341 [
342 (i) that contains at least .5% alcohol by volume;
343 (ii) for which the producer is required to file a formula for approval with the federal
344 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
345 is treated by processing, filtration, or another method of manufacture that is not generally
346 recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
347 liquor; and
348 (iii) for which the producer is required to file a formula for approval with the federal
349 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
350 includes an ingredient containing alcohol.
351 (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
352 ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.
353 (c) "Flavored malt beverage" does not include beer or heavy beer.
354 (d) "Flavored malt beverage" is considered liquor for purposes of this title.
355 [
356 Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
357 commission as a fraternal license.
358 [
359 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
360 [
361 individual an alcoholic product, by sale or otherwise.
362 (b) "Furnish" includes to:
363 (i) serve;
364 (ii) deliver; or
365 (iii) otherwise make available.
366 [
367 32B-6-407(9).
368 [
369 [
370 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
371 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
372 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
373 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
374 Act;
375 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
376 Nurse Practice Act;
377 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
378 Practice Act;
379 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
380 Therapy Practice Act;
381 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
382 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
383 Professional Practice Act;
384 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
385 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
386 Practice Act;
387 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
388 Hygienist Practice Act; and
389 (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
390 Assistant Act.
391 [
392 (i) (A) contains more than 5% alcohol by volume; [
393 (B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
394 volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring
395 agent that contributes more than 10% of the overall alcohol content of the product; and
396 (ii) is obtained by fermentation, infusion, or decoction of:
397 (A) malt; or
398 (B) a malt substitute.
399 (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
400 contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to
401 the overall alcohol content of the heavy beer.
402 (c) "Heavy beer" does not include:
403 (i) a flavored malt beverage;
404 (ii) a product that contains alcohol derived from:
405 (A) except as provided in Ŝ→ [
405a (51)(b) ←Ŝ , spirituous liquor; or
406 (B) wine; or
407 (iii) a product that contains an additive masking or altering a physiological effect of
408 alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
409 [
410 [
411 Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
412 [
413 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
414 (ii) is capable of hosting conventions, conferences, and food and beverage functions
415 under a banquet contract; and
416 (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
417 meals;
418 (B) has at least 1,000 square feet of function space consisting of meeting or dining
419 rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
420 (C) if the establishment is located in a small or unincorporated locality, has an
421 appropriate amount of function space consisting of meeting or dining rooms that can be
422 reserved for private use under a banquet contract, as determined by the commission.
423 (b) "Hotel" includes a commercial lodging establishment that:
424 (i) meets the requirements under Subsection [
425 (ii) has one or more privately owned dwelling units.
426 [
427 License Act, and Chapter 8b, Hotel License Act.
428 [
429 Chapter 3, Part 8, Identification Card Act.
430 [
431 salary, commission, or other means for representing and selling an alcoholic product of a
432 manufacturer, supplier, or importer of liquor.
433 [
434 possession of the department for testing, analysis, and sampling by a local industry
435 representative on the premises of the department to educate the local industry representative of
436 the quality and characteristics of the product.
437 [
438 furnishing of an alcoholic product is prohibited by:
439 (a) law; or
440 (b) court order.
441 [
442 (a) with a United States Customs and Border Protection office on the premises of the
443 airport; and
444 (b) at which international flights may enter and depart.
445 [
446 (a) is significantly impaired as to the person's mental or physical functions as a result of
447 the use of:
448 (i) an alcoholic product;
449 (ii) a controlled substance;
450 (iii) a substance having the property of releasing toxic vapors; or
451 (iv) a combination of Subsections [
452 (b) exhibits plain and easily observed outward manifestations of behavior or physical
453 signs produced by the overconsumption of an alcoholic product.
454 [
455 (a) a department compliance officer; or
456 (b) a nondepartment enforcement officer.
457 [
458 (a) a retail license;
459 (b) a sublicense;
460 (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
461 State License;
462 (d) a license issued in accordance with Chapter 11, Manufacturing and Related
463 Licenses Act;
464 (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
465 (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
466 (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
467 [
468 [
469 with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
470 [
471 authority, other than a bus or taxicab:
472 (a) in which the driver and a passenger are separated by a partition, glass, or other
473 barrier;
474 (b) that is provided by a business entity to one or more individuals at a fixed charge in
475 accordance with the business entity's tariff; and
476 (c) to give the one or more individuals the exclusive use of the limousine and a driver
477 to travel to one or more specified destinations.
478 [
479 (A) is:
480 (I) alcohol;
481 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
482 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
483 (IV) other drink or drinkable liquid; and
484 (B) (I) contains at least .5% alcohol by volume; and
485 (II) is suitable to use for beverage purposes.
486 (ii) "Liquor" includes:
487 (A) heavy beer;
488 (B) wine; and
489 (C) a flavored malt beverage.
490 (b) "Liquor" does not include beer.
491 [
492 32B-2-301.
493 [
494 Chapter 17, Liquor Transport License Act.
495 [
496 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
497 (b) to a person, other than a licensed manufacturer, who engages in the importation for
498 storage, sale, or distribution of liquor regardless of amount.
499 [
500 (a) for premises that are located in an unincorporated area of a county, the governing
501 body of a county;
502 (b) for premises that are located in an incorporated city, town, or metro township, the
503 governing body of the city, town, or metro township; or
504 (c) for premises that are located in a project area as defined in Section 63H-1-102 and
505 in a project area plan adopted by the Military Installation Development Authority under Title
506 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
507 Development Authority.
508 [
509 [
510 (a) rice;
511 (b) grain;
512 (c) bran;
513 (d) glucose;
514 (e) sugar; or
515 (f) molasses.
516 [
517 ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to
518 others.
519 [
520 privileges in an equity licensee or fraternal licensee.
521 [
522 center, or homeport facility for a ship:
523 (i) (A) under the control of the United States Department of Defense; or
524 (B) of the National Guard;
525 (ii) that is located within the state; and
526 (iii) including a leased facility.
527 (b) "Military installation" does not include a facility used primarily for:
528 (i) civil works;
529 (ii) a rivers and harbors project; or
530 (iii) a flood control project.
531 [
532 products are kept and offered for self-service sale or consumption.
533 [
534 [
535 (a) (i) is a state agency other than the department; or
536 (ii) is an agency of a county, city, town, or metro township; and
537 (b) has a responsibility to enforce one or more provisions of this title.
538 [
539 (a) a peace officer, examiner, or investigator; and
540 (b) employed by a nondepartment enforcement agency.
541 [
542 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
543 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
544 premises.
545 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
546 [
547 accordance with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
548 [
549 Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
550 [
551 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
552 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
553 Retailer License; and
554 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
555 premises:
556 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
557 premises; and
558 (ii) on and after March 1, 2012, operating:
559 (A) as a tavern; or
560 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
561 [
562 [
563 (a) under an agreement with the department; and
564 (b) by a person:
565 (i) other than the state; and
566 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
567 Agency, to sell packaged liquor for consumption off the premises of the package agency.
568 [
569 [
570 offered for sale, or furnished, or who consumes an alcoholic product including:
571 (a) a customer;
572 (b) a member;
573 (c) a guest;
574 (d) an attendee of a banquet or event;
575 (e) an individual who receives room service;
576 (f) a resident of a resort; or
577 (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
578 license.
579 [
580 (i) is primarily used to present various types of performing arts, including dance,
581 music, and theater;
582 (ii) contains over 2,500 seats;
583 (iii) is owned and operated by a governmental entity; and
584 (iv) is located in a city of the first class.
585 (b) "Performing arts facility" does not include a space that is used to present sporting
586 events or sporting competitions.
587 [
588 (a) Chapter 9, Event Permit Act; or
589 (b) Chapter 10, Special Use Permit Act.
590 [
591 (a) a licensee;
592 (b) a permittee;
593 (c) a manufacturer;
594 (d) a supplier;
595 (e) an importer;
596 (f) one of the following holding a certificate of approval:
597 (i) an out-of-state brewer;
598 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
599 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
600 (g) staff of:
601 (i) a person listed in Subsections [
602 (ii) a package agent.
603 [
604 the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
605 product, unless otherwise defined in this title or rules made by the commission.
606 [
607 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
608 to prescribe a controlled substance, other drug, or device for medicinal purposes;
609 (b) the order is made in the course of that health care practitioner's professional
610 practice; and
611 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
612 [
613 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
614 [
615 (a) a resort license;
616 (b) a hotel license; or
617 (c) an arena license.
618 [
619 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
620 group; and
621 (ii) that is limited in attendance to people who are specifically designated and their
622 guests.
623 (b) "Private event" does not include an event to which the general public is invited,
624 whether for an admission fee or not.
625 [
626 recreational event:
627 (a) that is held in or on the premises of an on-premise banquet licensee; and
628 (b) to which entry is restricted by an admission fee.
629 [
630 (i) an identification card;
631 (ii) an identification that:
632 (A) is substantially similar to an identification card;
633 (B) is issued in accordance with the laws of a state other than Utah in which the
634 identification is issued;
635 (C) includes date of birth; and
636 (D) has a picture affixed;
637 (iii) a valid driver license certificate that:
638 (A) includes date of birth;
639 (B) has a picture affixed; and
640 (C) is issued:
641 (I) under Title 53, Chapter 3, Uniform Driver License Act;
642 (II) in accordance with the laws of the state in which it is issued; or
643 (III) in accordance with federal law by the United States Department of State;
644 (iv) a military identification card that:
645 (A) includes date of birth; and
646 (B) has a picture affixed; or
647 (v) a valid passport.
648 (b) "Proof of age" does not include a driving privilege card issued in accordance with
649 Section 53-3-207.
650 [
651 (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
652 restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
653 (b) for a limited-service restaurant sublicense, the provisions applicable to a
654 limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
655 (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
656 license under Chapter 6, Part 4, Bar Establishment License;
657 (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
658 banquet license under Chapter 6, Part 6, On-Premise Banquet License;
659 (e) for an on-premise beer retailer sublicense, the provisions applicable to an
660 on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
661 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
662 restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
663 (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
664 license under Chapter 6, Part 10, Hospitality Amenity License; and
665 (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
666 Part 2, Spa Sublicense.
667 [
668 (i) owned or leased by:
669 (A) the state; or
670 (B) a local government entity; and
671 (ii) used for:
672 (A) public education;
673 (B) transacting public business; or
674 (C) regularly conducting government activities.
675 (b) "Public building" does not include a building owned by the state or a local
676 government entity when the building is used by a person, in whole or in part, for a proprietary
677 function.
678 [
679 the public has access to and a right to use for transportation, including an airline, railroad, bus,
680 boat, or other public conveyance.
681 [
682 (a) operates facilities that are at least 5,000 square feet; and
683 (b) has as its primary purpose the leasing of the facilities described in Subsection
684 [
685 [
686 Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
687 [
688 (i) inscribed on a tangible medium; or
689 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
690 (b) "Record" includes:
691 (i) a book;
692 (ii) a book of account;
693 (iii) a paper;
694 (iv) a contract;
695 (v) an agreement;
696 (vi) a document; or
697 (vii) a recording in any medium.
698 [
699 [
700 in Section 32B-8-102.
701 [
702 [
703 [
704 Retail License Act, and Chapter 8, Resort License Act.
705 [
706 procedures that outlines measures to prevent employees from:
707 (a) over-serving alcoholic beverages to customers;
708 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
709 intoxicated; and
710 (c) serving alcoholic beverages to minors.
711 [
712 (a) at which a variety of foods are prepared;
713 (b) at which complete meals are served; and
714 (c) that is engaged primarily in serving meals.
715 [
716 this title:
717 (a) a full-service restaurant license;
718 (b) a limited-service restaurant license; or
719 (c) a beer-only restaurant license.
720 (112) "Restaurant venue" means a room within a restaurant that:
721 (a) is located on the licensed premises of a restaurant licensee;
722 (b) is separated from the area within the restaurant for a patron's consumption of food
723 by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a
724 patron in the area within the restaurant for a patron's consumption of food; and
725 (c) (i) has at least 1,000 square feet that:
726 (A) may be reserved for a banquet; and
727 (B) accommodates at least 75 individuals; or
728 (ii) if the restaurant is located in a small or unincorporated locality, has an appropriate
729 amount of space, as determined by the commission, that may be reserved for a banquet.
730 [
731 title:
732 (a) a full-service restaurant license;
733 (b) a master full-service restaurant license;
734 (c) a limited-service restaurant license;
735 (d) a master limited-service restaurant license;
736 (e) a bar establishment license;
737 (f) an airport lounge license;
738 (g) an on-premise banquet license;
739 (h) an on-premise beer license;
740 (i) a reception center license;
741 (j) a beer-only restaurant license;
742 (k) a hospitality amenity license;
743 (l) a resort license;
744 (m) a hotel license; or
745 (n) an arena license.
746 [
747 guest room or privately owned dwelling unit of a:
748 (a) hotel; or
749 (b) resort facility.
750 [
751 three hours each weekday during a school year as a public or private:
752 (i) elementary school;
753 (ii) secondary school; or
754 (iii) kindergarten.
755 (b) "School" does not include:
756 (i) a nursery school;
757 (ii) a day care center;
758 (iii) a trade and technical school;
759 (iv) a preschool; or
760 (v) a home school.
761 [
762 beverage for additional flavoring that is different in type, flavor, or brand from the primary
763 spirituous liquor in the beverage.
764 [
765 whereby, for consideration, an alcoholic product is either directly or indirectly transferred,
766 solicited, ordered, delivered for value, or by a means or under a pretext is promised or
767 obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise
768 defined in this title or the rules made by the commission.
769 [
770 [
771 seminudity appears at or performs:
772 (a) for the entertainment of one or more patrons;
773 (b) on the premises of:
774 (i) a bar licensee; or
775 (ii) a tavern;
776 (c) on behalf of or at the request of the licensee described in Subsection [
777 (119)(b);
778 (d) on a contractual or voluntary basis; and
779 (e) whether or not the person is designated as:
780 (i) an employee;
781 (ii) an independent contractor;
782 (iii) an agent of the licensee; or
783 (iv) a different type of classification.
784 [
785 restaurant licensees that the restaurant licensees share as an area for alcoholic beverage
786 consumption in accordance with Subsection 32B-5-207(3).
787 [
788 9, Part 3, Single Event Permit.
789 [
790 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates
791 by:
792 (a) if the brewer is part of a controlled group of manufacturers, including the combined
793 volume totals of production for all breweries that constitute the controlled group of
794 manufacturers; and
795 (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
796 (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
797 determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
798 Rulemaking Act; and
799 (ii) does not sell for consumption as, or in, a beverage.
800 [
801 (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
802 (b) a town, as classified under Section 10-2-301; or
803 (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
804 under Section 17-50-501.
805 [
806 (a) to a resort license or hotel license; and
807 (b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
808 [
809 10, Special Use Permit Act.
810 [
811 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
812 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
813 [
814 [
815 title:
816 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
817 holder;
818 (ii) at the request of the business, including a package agent, licensee, permittee, or
819 certificate holder; or
820 (iii) under the authority of the business, including a package agent, licensee, permittee,
821 or certificate holder.
822 (b) "Staff" includes:
823 (i) an officer;
824 (ii) a director;
825 (iii) an employee;
826 (iv) personnel management;
827 (v) an agent of the licensee, including a managing agent;
828 (vi) an operator; or
829 (vii) a representative.
830 [
831 (a) the appearance of:
832 (i) the nipple or areola of a female human breast;
833 (ii) a human genital;
834 (iii) a human pubic area; or
835 (iv) a human anus; or
836 (b) a state of dress that fails to opaquely cover:
837 (i) the nipple or areola of a female human breast;
838 (ii) a human genital;
839 (iii) a human pubic area; or
840 (iv) a human anus.
841 [
842 covers no more than:
843 (a) the nipple and areola of the female human breast in a shape and color other than the
844 natural shape and color of the nipple and areola; and
845 (b) the human genitals, pubic area, and anus:
846 (i) with no less than the following at its widest point:
847 (A) four inches coverage width in the front of the human body; and
848 (B) five inches coverage width in the back of the human body; and
849 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
850 [
851 (i) located on premises owned or leased by the state; and
852 (ii) operated by a state employee.
853 (b) "State store" does not include:
854 (i) a package agency;
855 (ii) a licensee; or
856 (iii) a permittee.
857 [
858 stores an alcoholic product.
859 (b) "Store" means to place or maintain in a location an alcoholic product.
860 [
861 (a) any of the following licenses issued as a subordinate license to, and contingent on
862 the issuance of, a principal license:
863 (i) a full-service restaurant license;
864 (ii) a limited-service restaurant license;
865 (iii) a bar establishment license;
866 (iv) an on-premise banquet license;
867 (v) an on-premise beer retailer license;
868 (vi) a beer-only restaurant license; or
869 (vii) a hospitality amenity license; or
870 (b) a spa sublicense.
871 [
872 department.
873 [
874 (a) issued a license by the commission in accordance with Chapter 5, Retail License
875 Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
876 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
877 On-Premise Beer Retailer License.
878 [
879 Chapter 9, Part 4, Temporary Beer Event Permit.
880 [
881 a person who does not have a present intention to continue residency within Utah permanently
882 or indefinitely.
883 [
884 does not allow an object or person to be seen through the substance.
885 [
886 (a) is unsaleable because the container is:
887 (i) unlabeled;
888 (ii) leaky;
889 (iii) damaged;
890 (iv) difficult to open; or
891 (v) partly filled;
892 (b) (i) has faded labels or defective caps or corks;
893 (ii) has contents that are:
894 (A) cloudy;
895 (B) spoiled; or
896 (C) chemically determined to be impure; or
897 (iii) contains:
898 (A) sediment; or
899 (B) a foreign substance; or
900 (c) is otherwise considered by the department as unfit for sale.
901 [
902 the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or
903 not another ingredient is added.
904 (b) "Wine" includes:
905 (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
906 4.10; and
907 (ii) hard cider.
908 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
909 in this title.
910 [
911 with Chapter 11, Part 3, Winery Manufacturing License.
912 Section 2. Section 32B-1-202 is amended to read:
913 32B-1-202. Proximity to community location.
914 (1) As used in this section:
915 (a) (i) "Outlet" means:
916 (A) a state store;
917 (B) a package agency; or
918 (C) a retail licensee.
919 (ii) "Outlet" does not include:
920 (A) an airport lounge licensee; or
921 (B) a restaurant.
922 (b) "Restaurant" means:
923 (i) a full-service restaurant licensee;
924 (ii) a limited-service restaurant licensee; [
925 (iii) a beer-only restaurant licensee[
926 (iv) a restaurant venue on-premise banquet licensee.
927 (2) (a) Except as otherwise provided in this section or Section 32B-1-202.1, the
928 commission may not issue a license for an outlet if, on the date the commission takes final
929 action to approve or deny the application, there is a community location:
930 (i) within 600 feet of the proposed outlet, as measured from the nearest patron
931 entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to
932 the property boundary of the community location; or
933 (ii) within 200 feet of the proposed outlet, measured in a straight line from the nearest
934 patron entrance of the proposed outlet to the nearest property boundary of the community
935 location.
936 (b) Except as otherwise provided in this section or Section 32B-1-202.1, the
937 commission may not issue a license for a restaurant if, on the date the commission takes final
938 action to approve or deny the application, there is a community location:
939 (i) within 300 feet of the proposed restaurant, as measured from the nearest patron
940 entrance of the proposed restaurant by following the shortest route of ordinary pedestrian travel
941 to the property boundary of the community location; or
942 (ii) within 200 feet of the proposed restaurant, measured in a straight line from the
943 nearest patron entrance of the proposed restaurant to the nearest property boundary of the
944 community location.
945 (3) (a) For an outlet or a restaurant that holds a license on May 9, 2017, and operates
946 under a previously approved variance to one or more proximity requirements in effect before
947 May 9, 2017, subject to the other provisions of this title, that outlet or restaurant, or another
948 outlet or restaurant with the same type of license as that outlet or restaurant, may operate under
949 the previously approved variance regardless of whether:
950 (i) the outlet or restaurant changes ownership;
951 (ii) the property on which the outlet or restaurant is located changes ownership; or
952 (iii) there is a lapse in the use of the property as an outlet or a restaurant with the same
953 type of license, unless during the lapse, the property is used for a different purpose.
954 (b) An outlet or a restaurant that has continuously operated at a location since before
955 January 1, 2007, is considered to have a previously approved variance.
956 (4) An outlet or restaurant that holds a license on May 12, 2020, and operates in
957 accordance with the proximity requirements in effect at the time the commission issued the
958 license or operates under a previously approved variance described in Subsection (3), subject to
959 the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with the
960 same type of license as that outlet or restaurant may operate at the premises regardless of
961 whether:
962 (a) the outlet or restaurant changes ownership;
963 (b) the property on which the outlet or restaurant is located changes ownership; or
964 (c) there is a lapse of one year or less in the use of the property as an outlet or a
965 restaurant with the same type of license, unless during the lapse the property is used for a
966 different purpose.
967 (5) (a) If, after an outlet or a restaurant obtains a license under this title, a person
968 establishes a community location on a property that puts the outlet or restaurant in violation of
969 the proximity requirements in effect at the time the license is issued or a previously approved
970 variance described in Subsection (3), subject to the other provisions of this title, that outlet or
971 restaurant, or an outlet or a restaurant with the same type of license as that outlet or restaurant,
972 may operate at the premises regardless of whether:
973 (i) the outlet or restaurant changes ownership;
974 (ii) the property on which the outlet or restaurant is located changes ownership; or
975 (iii) there is a lapse in the use of the property as an outlet or a restaurant with the same
976 type of license, unless during the lapse the property is used for a different purpose.
977 (b) The provisions of this Subsection (5) apply regardless of when the outlet's or
978 restaurant's license is issued.
979 (6) Nothing in this section prevents the commission from considering the proximity of
980 an educational, religious, and recreational facility, or any other relevant factor in reaching a
981 decision on a proposed location of an outlet.
982 Section 3. Section 32B-1-202.1 is amended to read:
983 32B-1-202.1. Proximity for certain hotel and arena licensees.
984 (1) As used in this section, "hotel" means the same as that term is defined in Section
985 32B-8b-102.
986 (2) The commission may issue a hotel license for a proposed location that does not
987 meet the proximity requirements under Section 32B-1-202, if:
988 (a) the proposed hotel is:
989 (i) located in a city classified as a city of the first class under Section 10-2-301;
990 (ii) within [
991 patron entrance of the proposed hotel by following the shortest route of ordinary pedestrian
992 travel to the property boundary of each community location;
993 (iii) not within 300 feet of a community location, as measured from the nearest patron
994 entrance of the proposed hotel by following the shortest route of ordinary pedestrian travel to
995 the property boundary of the community location; and
996 (iv) not within 200 feet of a community location, as measured in a straight line from
997 the nearest patron entrance of the proposed hotel to the nearest property boundary of the
998 community location;
999 (b) the proposed sublicensed premises of a bar establishment sublicense under the hotel
1000 license:
1001 (i) is on the second or higher floor of a hotel;
1002 (ii) is not accessible at street level; and
1003 (iii) is only accessible to an individual who passes through another area of the hotel in
1004 which the bar establishment sublicense is located; and
1005 (c) the applicant meets all other criteria under this title for the hotel license.
1006 (3) The commission may issue authority to operate as a package agency to a hotel
1007 licensee who meets the requirements described in Subsection (2).
1008 (4) (a) The commission may issue an arena license for a proposed location that does
1009 not meet the proximity requirements described in Section 32B-1-202, if, on the day before the
1010 day on which the commission issues the license, each proposed sublicense of the arena license:
1011 (i) operates as an outlet or restaurant; and
1012 (ii) (A) operates on the proposed sublicense premises under a variance to one or more
1013 proximity requirements in accordance with Section 32B-1-202; or
1014 (B) has been in operation on the proposed sublicense premises for at least 10 years.
1015 (b) After the commission issues an arena license in accordance with Subsection (4)(a),
1016 the commission may not issue the arena licensee an additional sublicense.
1017 Section 4. Section 32B-1-304 is amended to read:
1018 32B-1-304. Qualifications for a package agency, license, or permit -- Minors.
1019 (1) (a) Except as provided in Subsection (7), the commission may not issue a package
1020 agency, license, or permit to a person who has been convicted of:
1021 (i) within seven years before the day on which the commission issues the package
1022 agency, license, or permit, a felony under a federal law or state law;
1023 (ii) within four years before the day on which the commission issues the package
1024 agency, license, or permit:
1025 (A) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1026 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1027 product; or
1028 (B) a crime involving moral turpitude; or
1029 (iii) on two or more occasions within the five years before the day on which the
1030 package agency, license, or permit is issued, driving under the influence of alcohol, drugs, or
1031 the combined influence of alcohol and drugs.
1032 (b) If the person is a partnership, corporation, or limited liability company, the
1033 proscription under Subsection (1)(a) applies if any of the following has been convicted of an
1034 offense described in Subsection (1)(a):
1035 (i) a partner;
1036 (ii) a managing agent;
1037 (iii) a manager;
1038 (iv) an officer;
1039 (v) a director;
1040 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
1041 the corporation; or
1042 (vii) a member who owns at least 20% of the limited liability company.
1043 (c) Except as provided in Subsection (7), the proscription under Subsection (1)(a)
1044 applies if a person who is employed to act in a supervisory or managerial capacity for a
1045 package agency, licensee, or permittee has been convicted of an offense described in
1046 Subsection (1)(a).
1047 (2) Except as described in Section 32B-8-501, the commission may immediately
1048 suspend or revoke a package agency, license, or permit, and terminate a package agency
1049 agreement, if a person described in Subsection (1):
1050 (a) after the day on which the package agency, license, or permit is issued, is found to
1051 have been convicted of an offense described in Subsection (1)(a) before the package agency,
1052 license, or permit is issued; or
1053 (b) on or after the day on which the package agency, license, or permit is issued:
1054 (i) is convicted of an offense described in Subsection (1)(a)(i) or (ii); or
1055 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
1056 influence of alcohol and drugs; and
1057 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
1058 influence of alcohol and drugs within five years before the day on which the person is
1059 convicted of the offense described in Subsection (2)(b)(ii)(A).
1060 (3) Except as described in Section 32B-8-501, the director may take emergency action
1061 by immediately suspending the operation of the package agency, licensee, or permittee for the
1062 period during which a criminal matter is being adjudicated if a person described in Subsection
1063 (1):
1064 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i) or (ii); or
1065 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
1066 drugs, or the combined influence of alcohol and drugs; and
1067 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
1068 influence of alcohol and drugs within five years before the day on which the person is arrested
1069 on a charge described in Subsection (3)(b)(i).
1070 (4) (a) (i) The commission may not issue a package agency, license, or permit to a
1071 person who has had any type of agency, license, or permit issued under this title revoked within
1072 the last three years.
1073 (ii) The commission may not issue a package agency, license, or permit to a
1074 partnership, corporation, or limited liability company if a partner, managing agent, manager,
1075 officer, director, stockholder who holds at least 20% of the total issued and outstanding stock
1076 of the corporation, or member who owns at least 20% of the limited liability company is or
1077 was:
1078 (A) a partner or managing agent of a partnership that had any type of agency, license,
1079 or permit issued under this title revoked within the last three years;
1080 (B) a managing agent, officer, director, or stockholder who holds or held at least 20%
1081 of the total issued and outstanding stock of any corporation that had any type of agency,
1082 license, or permit issued under this title revoked within the last three years; or
1083 (C) a manager or member who owns or owned at least 20% of a limited liability
1084 company that had any type of agency, license, or permit issued under this title revoked within
1085 the last three years.
1086 (b) The commission may not issue a package agency, [
1087 partnership, corporation, or limited liability company if any of the following had any type of
1088 agency, license, or permit issued under this title revoked while acting in that person's individual
1089 capacity within the last three years:
1090 (i) a partner or managing agent of a partnership;
1091 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1092 total issued and outstanding stock of a corporation; or
1093 (iii) a manager or member who owns at least 20% of a limited liability company.
1094 (c) The commission may not issue a package agency, license, or permit to a person
1095 acting in an individual capacity if that person was:
1096 (i) a partner or managing agent of a partnership that had any type of agency, license, or
1097 permit issued under this title revoked within the last three years;
1098 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
1099 total issued and outstanding stock of a corporation that had any type of agency, license, or
1100 permit issued under this title revoked within the last three years; or
1101 (iii) a manager or member who owned at least 20% of the limited liability company
1102 that had any type of agency, license, or permit issued under this title revoked within the last
1103 three years.
1104 (5) (a) The commission may not issue a package agency, license, or permit to a minor.
1105 (b) The commission may not issue a package agency, license, or permit to a
1106 partnership, corporation, or limited liability company if any of the following is a minor:
1107 (i) a partner or managing agent of the partnership;
1108 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1109 total issued and outstanding stock of the corporation; or
1110 (iii) a manager or member who owns at least 20% of the limited liability company.
1111 (c) For purposes of Subsection (5)(b), the commission may not consider a minor's
1112 position with or ownership interest in an entity that has an ownership interest in the entity that
1113 is applying for the package agency, license, or permit unless the minor would exercise direct
1114 decision making control over the package agency, license, or permit.
1115 (6) Except as described in Section 32B-8-501, if a package agent, licensee, or permittee
1116 no longer possesses the qualifications required by this title for obtaining a package agency,
1117 license, or permit, the commission may terminate the package agency agreement, or revoke the
1118 license or permit.
1119 (7) (a) If the licensee is a resort licensee:
1120 (i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in
1121 the management of the resort, as the commission defines in rule; and
1122 (ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or
1123 managerial capacity for the resort licensee or in relation to a sublicense of the resort license.
1124 (b) If the permittee is a public service permittee under Chapter 10, Special Use Permit
1125 Act:
1126 (i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in
1127 the management of the airline, railroad, or other public conveyance, as the commission defines
1128 in rule; and
1129 (ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or
1130 managerial capacity for the public service permittee.
1131 Section 5. Section 32B-1-603 is amended to read:
1132 32B-1-603. Power of the commission and department to classify flavored malt
1133 beverages.
1134 (1) The commission and department shall regulate a flavored malt beverage as liquor.
1135 (2) (a) The department shall make available to the public on the Internet a list of the
1136 flavored malt beverages authorized to be sold in this state as liquor.
1137 (b) The list described in Subsection (2)(a) shall be updated at least quarterly.
1138 (3) (a) A manufacturer shall file, under penalty of perjury, a report with the department
1139 listing each flavored malt beverage manufactured by the manufacturer that the manufacturer
1140 wants to distribute in this state subject to the manufacturer holding:
1141 (i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5,
1142 Brewery Manufacturing License; or
1143 (ii) a certificate of approval.
1144 (b) A manufacturer may not distribute or sell in this state a flavored malt beverage if
1145 the manufacturer does not list the flavored malt beverage in a filing with the department in
1146 accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
1147 (4) The department may require a manufacturer of a flavored malt beverage to provide
1148 the department with a copy of the following filed with the federal Alcohol and Tobacco Tax
1149 and Trade Bureau, pursuant to 27 C.F.R. Sec. 25.55:
1150 (a) a statement of process; or
1151 (b) a formula.
1152 (5) (a) A manufacturer of an alcoholic product that the department is classifying or
1153 proposes to classify as a flavored malt beverage may submit evidence to the department that the
1154 manufacturer's alcoholic product should not be treated as [
1155 under this section because [
1156
1157 [
1158
1159 [
1160 (b) The department shall review the evidence submitted by the manufacturer under this
1161 Subsection (5).
1162 (c) The department shall make available to the public on the Internet a list of the
1163 alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
1164 (d) A decision of the department under this Subsection (5) may be appealed to the
1165 commission.
1166 Section 6. Section 32B-1-603.5 is enacted to read:
1167 32B-1-603.5. Requirements for beer flavorings -- Procedure for approval.
1168 (1) To obtain approval for use of a propylene glycol-, ethyl alcohol-, or ethanol-based
1169 flavoring agent in a beer as described in Subsection 32B-1-102(11)(b)(iii), the manufacturer of
1170 the beer shall submit an application to the department for approval.
1171 (2) The application shall require:
1172 (a) a copy of:
1173 (i) the statement of process and formula filed with the federal Alcohol and Tobacco
1174 Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 for the beer; and
1175 (ii) the formula approval from the federal Alcohol and Tobacco Tax and Trade Bureau
1176 for the beer;
1177 (b) a complete list of each propylene glycol-, ethyl alcohol-, or ethanol-based flavoring
1178 agent in the beer;
1179 (c) a description of the total amount of alcohol each propylene glycol-, ethyl alcohol-,
1180 or ethanol-based flavoring agent contributes to the beer; and
1181 (d) other information required by the department to determine whether the beer meets
1182 the requirements described in Subsection 32B-1-102(11)(b)(iii).
1183 (3) The department may assess a fee established under Section 63J-1-504 for reviewing
1184 an application for approval under this section.
1185 (4) A manufacturer shall obtain the department's approval for a revision to previously
1186 approved flavoring agents used in a beer before the beer may be distributed or sold in this state.
1187 (5) (a) The department may revoke a previous approval under this section upon a
1188 finding that the beer is not in compliance with this title or rules of the commission.
1189 (b) The department shall notify the manufacturer that applied for an approval under
1190 this section at least 30 business days before the day on which the approval is revoked.
1191 (c) Within 20 business days after the day on which a manufacturer receives the notice
1192 under Subsection (5)(b), the manufacturer may present a written argument or evidence to the
1193 department regarding why the revocation should not occur.
1194 (6) (a) A manufacturer that applies for approval under this section may appeal a denial
1195 or revocation of the approval to the commission.
1196 (b) During the period in which a manufacturer appeals a denial or revocation to the
1197 commission under Subsection (6)(a), the denial or revocation remains in force.
1198 Section 7. Section 32B-1-703 is amended to read:
1199 32B-1-703. Alcohol training and education for off-premise consumption.
1200 (1) (a) A local authority that issues an off-premise beer retailer license to a business to
1201 sell beer at retail for off-premise consumption shall require the following to have a valid record
1202 that the individual completed an alcohol training and education seminar in the time periods
1203 required by Subsection (1)(b):
1204 (i) an off-premise retail manager; or
1205 (ii) off-premise retail staff.
1206 (b) If an individual on the date the individual becomes staff to an off-premise beer
1207 retailer does not have a valid record that the individual has completed an alcohol training and
1208 education seminar for purposes of this part, the individual shall complete an alcohol training
1209 and education seminar [
1210 day on which the individual [
1211 (c) An off-premise beer retailer may not permit an individual who is not in compliance
1212 with Subsection (1)(b) to:
1213 (i) directly supervise the sale of beer to a customer for consumption off the premises of
1214 the off-premise beer retailer; or
1215 (ii) sell beer to a customer for consumption off the premises of the off-premise beer
1216 retailer.
1217 [
1218
1219 (2) A licensee that violates this section is subject to Section 32B-1-702.
1220 [
1221
1222
1223
1224 Section 8. Section 32B-1-705 is amended to read:
1225 32B-1-705. Tracking certain enforcement actions.
1226 (1) For each violation of a provision of this title involving the sale of an alcoholic
1227 product to a minor that staff of a retail licensee or off-premise beer retailer commits, the
1228 commission shall:
1229 (a) maintain a record of the violation until the record is expunged in accordance with
1230 Subsection (3);
1231 (b) include in the record described in Subsection (1)(a):
1232 (i) the name of the individual who committed the violation;
1233 (ii) the name of the retail licensee or off-premise beer retailer; and
1234 (iii) the date of the adjudication of the violation; and
1235 (c) provide the information described in Subsection (1)(b) to the Department of Public
1236 Safety within 30 days after the day on which the violation is adjudicated.
1237 (2) (a) The Department of Public Safety shall develop and operate a system to collect,
1238 analyze, maintain, track, and disseminate the information that the Department of Public Safety
1239 receives in accordance with Subsection (1).
1240 (b) The Department of Public Safety shall make the system described in Subsection
1241 (2)(a) available to:
1242 (i) assist the commission in assessing penalties under this title; and
1243 (ii) inform a retail licensee or off-premise beer retailer of an individual who has a
1244 violation history in the system.
1245 (3) The commission and the Department of Public Safety shall expunge each record in
1246 the system described in Subsection (2) that relates to an individual if the individual does not
1247 violate a provision of this title related to the sale of an alcoholic product to a minor for a period
1248 of 36 consecutive months from the day on which the individual's last violation related to the
1249 sale of an alcoholic product to a minor was adjudicated.
1250 Section 9. Section 32B-2-202 is amended to read:
1251 32B-2-202. Powers and duties of the commission.
1252 (1) The commission shall:
1253 (a) consistent with the policy established by the Legislature by statute, act as a general
1254 policymaking body on the subject of alcoholic product control;
1255 (b) adopt and issue policies, rules, and procedures;
1256 (c) set policy by written rules that establish criteria and procedures for:
1257 (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
1258 permit, or certificate of approval; and
1259 (ii) determining the location of a state store, package agency, or retail licensee;
1260 (d) decide within the limits, and under the conditions imposed by this title, the number
1261 and location of state stores, package agencies, and retail licensees in the state;
1262 (e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,
1263 sublicenses, permits, or certificates of approval for the purchase, storage, sale, offer for sale,
1264 furnishing, consumption, manufacture, and distribution of an alcoholic product:
1265 (i) a package agency;
1266 (ii) a full-service restaurant license;
1267 (iii) a master full-service restaurant license;
1268 (iv) a limited-service restaurant license;
1269 (v) a master limited-service restaurant license;
1270 (vi) a bar establishment license;
1271 (vii) an airport lounge license;
1272 (viii) an on-premise banquet license;
1273 (ix) a resort license, which includes four or more sublicenses;
1274 (x) an on-premise beer retailer license;
1275 (xi) a reception center license;
1276 (xii) a beer-only restaurant license;
1277 (xiii) a hotel license, which includes three or more sublicenses;
1278 (xiv) an arena license, which includes three or more sublicenses;
1279 (xv) a hospitality amenity license;
1280 (xvi) subject to Subsection (5), a single event permit;
1281 (xvii) subject to Subsection (5), a temporary beer event permit;
1282 (xviii) a special use permit;
1283 (xix) a manufacturing license;
1284 (xx) a liquor warehousing license;
1285 (xxi) a beer wholesaling license;
1286 (xxii) a liquor transport license;
1287 (xxiii) an off-premise beer retailer state license;
1288 (xxiv) a master off-premise beer retailer state license;
1289 (xxv) one of the following that holds a certificate of approval:
1290 (A) an out-of-state brewer;
1291 (B) an out-of-state importer of beer, heavy beer, or flavored malt beverages; and
1292 (C) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; and
1293 (xxvi) a spa sublicense;
1294 (f) issue, deny, suspend, or revoke the following conditional licenses:
1295 (i) a conditional retail license as defined in Section 32B-5-205; and
1296 (ii) a conditional off-premise beer retailer state license as defined in Section
1297 32B-7-406;
1298 (g) prescribe the duties of the department in assisting the commission in issuing a
1299 package agency, license, permit, or certificate of approval under this title;
1300 (h) to the extent a fee is not specified in this title, establish a fee allowed under this title
1301 in accordance with Section 63J-1-504;
1302 (i) fix prices at which liquor is sold that are the same at all state stores, package
1303 agencies, and retail licensees;
1304 (j) issue and distribute price lists showing the price to be paid by a purchaser for each
1305 class, variety, or brand of liquor kept for sale by the department;
1306 (k) (i) require the director to follow sound management principles; and
1307 (ii) require periodic reporting from the director to ensure that:
1308 (A) sound management principles are being followed; and
1309 (B) policies established by the commission are being observed;
1310 (l) (i) receive, consider, and act in a timely manner upon the reports, recommendations,
1311 and matters submitted by the director to the commission; and
1312 (ii) do the things necessary to support the department in properly performing the
1313 department's duties;
1314 (m) obtain temporarily and for special purposes the services of an expert or person
1315 engaged in the practice of a profession, or a person who possesses a needed skill if:
1316 (i) considered expedient; and
1317 (ii) approved by the governor;
1318 (n) prescribe by rule the conduct, management, and equipment of premises upon which
1319 an alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
1320 (o) make rules governing the credit terms of beer sales within the state to retail
1321 licensees; and
1322 (p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
1323 disciplinary action against a person subject to administrative action.
1324 (2) Consistent with the policy established by the Legislature by statute, the power of
1325 the commission to do the following is plenary, except as otherwise provided by this title, and
1326 not subject to review:
1327 (a) establish a state store;
1328 (b) issue authority to act as a package agent or operate a package agency; and
1329 (c) issue, deny, or deem forfeit a license, permit, or certificate of approval.
1330 (3) (a) Subject to [
1331 [
1332
1333 [
1334 (b) The commission may not allow for the late renewal of a license after the later of:
1335 (i) the tenth day of the month after the month in which the license type is required to be
1336 renewed; or
1337 (ii) if the tenth day of the month after the month in which the license type is required to
1338 be renewed falls on a Saturday, Sunday, or state or federal holiday, the first business day after
1339 the Saturday, Sunday, or holiday.
1340 (c) The fee for a late license renewal is $300.
1341 (4) If the commission is authorized or required to make a rule under this title, the
1342 commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
1343 Rulemaking Act.
1344 (5) Notwithstanding Subsections (1)(e)(xvi) and (xvii), the director or deputy director
1345 may issue an event permit in accordance with Chapter 9, Event Permit Act.
1346 Section 10. Section 32B-2-303 is amended to read:
1347 32B-2-303. Purchase of liquor.
1348 [
1349
1350 (1) The department may only:
1351 (a) purchase or stock spirituous liquor in a container smaller than 200 milliliters for the
1352 purpose of furnishing the spirituous liquor to a public service permittee issued a permit under
1353 Chapter 10, Part 3, Public Service Permit; and
1354 (b) furnish spirituous liquor in a container smaller than 200 milliliters to a public
1355 service permittee issued a permit under Chapter 10, Part 3, Public Service Permit.
1356 (2) (a) An order by the department for the purchase of liquor, or a cancellation by the
1357 department of an order of liquor:
1358 (i) shall be executed in writing by the department; and
1359 (ii) is not valid or binding unless executed in writing.
1360 (b) The department shall maintain a copy of an order or cancellation on file for at least
1361 three years.
1362 (c) An electronic record satisfies Subsections (2)(a) and (b) pursuant to Title 46,
1363 Chapter 4, Uniform Electronic Transactions Act.
1364 Section 11. Section 32B-4-202 is amended to read:
1365 32B-4-202. Duties to enforce this title.
1366 [
1367 capacities:
1368 [
1369 [
1370 [
1371 [
1372 [
1373 [
1374 [
1375 official;
1376 [
1377 [
1378 [
1379
1380
1381 Section 12. Section 32B-4-418 is amended to read:
1382 32B-4-418. Unlawful storage.
1383 It is unlawful for a person to store:
1384 (1) liquor on premises for which the person is authorized to sell beer for on-premise
1385 consumption, but for which the person is not licensed under this title to sell liquor[
1386 (2) an alcoholic beverage for sale on premises for which the person is not licensed or
1387 otherwise authorized under this title to sell the alcoholic beverage.
1388 Section 13. Section 32B-5-304 is amended to read:
1389 32B-5-304. Portions in which alcoholic product may be sold.
1390 (1) (a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a
1391 primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage
1392 dispensed through a calibrated metered dispensing system approved by the department in
1393 accordance with commission rules adopted under this title.
1394 (b) A retail license is not required to dispense spirituous liquor through a calibrated
1395 metered dispensing system if the spirituous liquor is:
1396 (i) a secondary flavoring ingredient;
1397 (ii) used as a flavoring on a dessert; or
1398 (iii) used to set aflame a food dish, drink, or dessert.
1399 (c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring
1400 ingredient shall:
1401 (i) designate a location where the retail licensee stores secondary flavoring ingredients
1402 on the floor plan the retail licensee submits to the department; and
1403 (ii) clearly and conspicuously label each secondary flavoring ingredient's container
1404 "flavorings".
1405 (d) A patron may have no more than 2.5 ounces of spirituous liquor at a time.
1406 (2) (a) (i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an
1407 individual portion that does not exceed 5 ounces per glass or individual portion.
1408 (ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to
1409 a patron in more than one glass if the total amount of wine does not exceed 5 ounces.
1410 (b) (i) A retail licensee may sell, offer for sale, or furnish wine in a container not
1411 exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.
1412 (ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to
1413 exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.
1414 [
1415 sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed
1416 container not to exceed 16 ounces.
1417 (3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original
1418 container at a price fixed by the commission, except that the original container may not exceed
1419 one liter.
1420 (4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an
1421 original container at a price fixed by the commission, except that the original container may not
1422 exceed one liter.
1423 (5) (a) (i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or
1424 furnish beer for on-premise consumption:
1425 (A) in an open original container; and
1426 (B) in a container on draft.
1427 (ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection
1428 (5)(a)(i):
1429 (A) in a size of container that exceeds two liters; or
1430 (B) to an individual patron in a size of container that exceeds one liter.
1431 (b) A retail licensee may sell, offer for sale, or furnish beer for off-premise
1432 consumption:
1433 (i) in a sealed container; and
1434 (ii) in a size of container that does not exceed two liters.
1435 (c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual
1436 patron if the total amount of beer does not exceed 16 ounces.
1437 Section 14. Section 32B-5-309 is amended to read:
1438 32B-5-309. Ceasing operation.
1439 (1) Except as provided in Subsection (8), a retail licensee may not close or cease
1440 operation for a period longer than 240 hours, unless:
1441 (a) the retail licensee notifies the department in writing at least seven days before the
1442 day on which the retail licensee closes or ceases operation; and
1443 (b) the closure or cessation of operation is first approved by the department.
1444 (2) Notwithstanding Subsection (1), in the case of emergency closure, a retail licensee
1445 shall immediately notify the department by telephone.
1446 (3) (a) The department may authorize an initial closure or cessation of operation of a
1447 retail licensee for a period not to exceed 60 days.
1448 (b) Upon written request of the retail licensee and a showing of good cause, the
1449 department may extend the initial period described in Subsection (3)(a) for a period not to
1450 exceed the greater of:
1451 (i) 30 days; or
1452 (ii) the number of days until the day on which the commission holds the commission's
1453 next regularly scheduled meeting.
1454 (4) A closure or cessation of operation may not exceed the time limits described in
1455 Subsection (3) without commission approval.
1456 (5) A notice required under this section shall include:
1457 (a) the dates of closure or cessation of operation;
1458 (b) the reason for the closure or cessation of operation; and
1459 (c) the date on which the retail licensee will reopen or resume operation.
1460 (6) [
1461 approval before closure or cessation of operation [
1462 commission may:
1463 (a) suspend, revoke, or deem forfeited the retail license; [
1464 (b) deem the unused portion of the retail license fee for the remainder of the retail
1465 license year [
1466 (7) [
1467
1468 commission may:
1469 (a) suspend, revoke, or deem forfeited the retail license; [
1470 (b) deem the unused portion of the retail license fee for the remainder of the retail
1471 license year forfeited.
1472 (8) This section does not apply to:
1473 (a) an on-premise beer retailer who is not a tavern;
1474 (b) an airport lounge licensee; or
1475 (c) a hospitality amenity licensee.
1476 (9) For purposes of this section, the department may not base a determination that a
1477 retail licensee has ceased operation solely upon the retail licensee's lack of sales.
1478 Section 15. Section 32B-6-203 is amended to read:
1479 32B-6-203. Commission's power to issue full-service restaurant license.
1480 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
1481 an alcoholic product on its premises as a full-service restaurant, the person shall first obtain a
1482 full-service restaurant license from the commission in accordance with this part.
1483 (2) The commission may issue a full-service restaurant license to establish full-service
1484 restaurant licensed premises at places and in numbers the commission considers proper for the
1485 storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises
1486 operated as a full-service restaurant.
1487 (3) Subject to Section 32B-1-201:
1488 (a) [
1489 licenses that at any time exceeds the [
1490 (i) 35; and
1491 (ii) the number determined by dividing the population of the state by 4,467[
1492 (b) [
1493 accordance with Section 32B-5-206[
1494 (c) (i) [
1495 full-service restaurant sales location within the hotel to serve the public convenience, the
1496 commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as
1497 many as three full-service restaurant locations within the hotel under one full-service restaurant
1498 license if:
1499 (A) the hotel has a minimum of 150 guest rooms; and
1500 (B) the locations under the full-service restaurant license are:
1501 (I) within the same hotel; and
1502 (II) on premises that are managed or operated, and owned or leased, by the full-service
1503 restaurant licensee[
1504 (ii) [
1505 full-service restaurant license for each full-service restaurant where an alcoholic product is
1506 sold, offered for sale, or furnished.
1507 (4) Except as otherwise provided in Section 32B-1-202, the commission may not issue
1508 a full-service restaurant license for premises that do not meet the proximity requirements of
1509 Subsection 32B-1-202(2).
1510 (5) To be licensed as a full-service restaurant, a person shall maintain at least 70% of
1511 the restaurant's gross revenues from the sale of food, which does not include:
1512 (a) mix for an alcoholic product; or
1513 (b) a service charge.
1514 Section 16. Section 32B-6-205.2 is amended to read:
1515 32B-6-205.2. Specific operational requirements for a full-service restaurant
1516 license -- On and after July 1, 2018, or July 1, 2022.
1517 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1518 Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
1519 shall comply with this section.
1520 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1521 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1522 (i) a full-service restaurant licensee;
1523 (ii) individual staff of a full-service restaurant licensee; or
1524 (iii) both a full-service restaurant licensee and staff of the full-service restaurant
1525 licensee.
1526 (2) (a) An individual who serves an alcoholic product in a full-service restaurant
1527 licensee's premises shall make a beverage tab for each table or group that orders or consumes
1528 an alcoholic product on the premises.
1529 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
1530 each alcoholic product ordered or consumed.
1531 (3) A full-service restaurant licensee may not make an individual's willingness to serve
1532 an alcoholic product a condition of employment with a full-service restaurant licensee.
1533 (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
1534 licensed premises during the following time periods only:
1535 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
1536 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1537 period that begins at 10:30 a.m. and ends at 11:59 p.m.
1538 (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
1539 licensed premises during the following time periods only:
1540 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1541 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1542 period that begins at 10:30 a.m. and ends at 12:59 a.m.
1543 (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
1544 on-premise consumption except after:
1545 (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
1546 product is seated at:
1547 (A) a table that is located in a dining area or a dispensing area;
1548 (B) a counter that is located in a dining area or a dispensing area; or
1549 (C) a dispensing structure that is located in a dispensing area; and
1550 (ii) the full-service restaurant licensee confirms that the patron intends to:
1551 (A) order food prepared, sold, and furnished at the licensed premises; and
1552 (B) except as provided in Subsection (5)(b), consume the food at the same location
1553 where the patron is seated and furnished the alcoholic product.
1554 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1555 full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
1556 furnish to the patron one drink that contains a single portion of an alcoholic product as
1557 described in Section 32B-5-304 if:
1558 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1559 structure; and
1560 (B) the full-service restaurant licensee first confirms that after the patron is seated in
1561 the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1562 premises.
1563 [
1564 patron's alcoholic product before moving to a seat in the dining area, [
1565
1566
1567 alcoholic product to the patron's seat in the dining area.
1568 (B) An employee of the full-service restaurant licensee shall escort a patron who
1569 transports an unfinished portion of the patron's alcoholic product to the patron's seat in the
1570 dining area.
1571 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
1572 (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
1573 furnish beer for off-premise consumption except after the patron consumes on the licensed
1574 premises food prepared, sold, and furnished at the licensed premises.
1575 (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
1576 culinary facilities for food preparation and dining accommodations.
1577 (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
1578 licensed premises only if the patron is seated at:
1579 (a) a table that is located in a dining area or dispensing area;
1580 (b) a counter that is located in a dining area or dispensing area; or
1581 (c) a dispensing structure located in a dispensing area.
1582 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1583 more than two alcoholic products of any kind at a time before the patron.
1584 (b) A patron may not have more than one spirituous liquor drink at a time before the
1585 patron.
1586 (c) An individual portion of wine is considered to be one alcoholic product under
1587 Subsection (7)(a).
1588 (8) In accordance with the provisions of this section, an individual who is at least 21
1589 years old may consume food and beverages in a dispensing area.
1590 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
1591 consume food or beverages in a dispensing area.
1592 (b) (i) A minor may be in a dispensing area if the minor is:
1593 (A) at least 16 years old and working as an employee of the full-service restaurant
1594 licensee; or
1595 (B) performing maintenance and cleaning services as an employee of the full-service
1596 restaurant licensee when the full-service restaurant licensee is not open for business.
1597 (ii) If there is no alternative route available, a minor may momentarily pass through a
1598 dispensing area without remaining or sitting in the dispensing area en route to an area of the
1599 full-service restaurant licensee's premises in which the minor is permitted to be.
1600 (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
1601 may dispense an alcoholic product only if:
1602 (a) the alcoholic product is dispensed from:
1603 (i) a dispensing structure that is located in a dispensing area;
1604 (ii) an area that is:
1605 (A) separated from an area for the consumption of food by a patron by a solid,
1606 translucent, permanent structural barrier such that the facilities for the dispensing of an
1607 alcoholic product are not readily visible to a patron and not accessible by a patron; and
1608 (B) apart from an area used for dining, for staging, or as a waiting area; or
1609 (iii) the premises of a bar licensee that is:
1610 (A) owned by the same person or persons as the full-service restaurant licensee; and
1611 (B) located immediately adjacent to the premises of the full-service restaurant licensee;
1612 and
1613 (b) any instrument or equipment used to dispense alcoholic product is located in an
1614 area described in Subsection (10)(a).
1615 (11) (a) A full-service restaurant licensee may have more than one dispensing area in
1616 the licensed premises.
1617 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1618 dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1619 dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1620 (12) A full-service restaurant licensee may not:
1621 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1622 (b) display an alcoholic product or a product intended to appear like an alcoholic
1623 product by moving a cart or similar device around the licensed premises.
1624 (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
1625 charge or fee made in connection with the sale, service, or consumption of liquor, including:
1626 (a) a set-up charge;
1627 (b) a service charge; or
1628 (c) a chilling fee.
1629 (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
1630 restaurant licensee shall maintain each of the following records for at least three years:
1631 (i) a record required by Section 32B-5-302; and
1632 (ii) a record that the commission requires a full-service restaurant licensee to use or
1633 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1634 Rulemaking Act.
1635 (b) The department shall audit the records of a full-service restaurant licensee at least
1636 once annually.
1637 (15) A full-service restaurant licensee may lease to a patron of the full-service
1638 restaurant licensee a locked storage space:
1639 (a) that the commission considers proper for the storage of wine; and
1640 (b) for the storage of wine that:
1641 (i) the patron purchases from the full-service restaurant licensee; and
1642 (ii) only the full-service restaurant licensee or staff of the full-service restaurant
1643 licensee may remove from the locker for the patron's use in accordance with this title,
1644 including:
1645 (A) service and consumption on licensed premises as described in Section 32B-5-306;
1646 or
1647 (B) removal from the full-service retail licensee's licensed premises in accordance with
1648 Section 32B-5-307.
1649 Section 17. Section 32B-6-206 is amended to read:
1650 32B-6-206. Master full-service restaurant license.
1651 (1) (a) The commission may issue a master full-service restaurant license that
1652 authorizes a person to store, sell, offer for sale, furnish, or allow the consumption of an
1653 alcoholic product on premises at multiple locations as full-service restaurants if the person
1654 applying for the master full-service restaurant license:
1655 (i) owns each of the full-service restaurants;
1656 (ii) except for the fee requirements, establishes to the satisfaction of the commission
1657 that each location of a full-service restaurant under the master full-service restaurant license
1658 separately meets the requirements of this part; and
1659 (iii) the master full-service restaurant license includes at least five full-service
1660 restaurant locations.
1661 (b) The person seeking a master full-service restaurant license shall designate which
1662 full-service restaurant locations the person seeks to have under the master full-service
1663 restaurant license.
1664 (c) A full-service restaurant location under a master full-service restaurant license is
1665 considered separately licensed for purposes of this title, except as provided in this section.
1666 (2) A master full-service restaurant license and each location designated under
1667 Subsection (1) are considered a single full-service restaurant license for purposes of Subsection
1668 32B-6-203(3)(a).
1669 (3) (a) A master full-service restaurant license expires on October 31 of each year.
1670 (b) To renew a person's master full-service restaurant license, a person shall comply
1671 with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1672 September 30.
1673 (4) (a) The nonrefundable application fee for a master full-service restaurant license is
1674 $330.
1675 (b) (i) The initial license fee for a master full-service restaurant license is [
1676 $5,000 plus a separate initial license fee for each newly licensed full-service restaurant license
1677 under the master full-service restaurant license determined in accordance with Subsection
1678 32B-6-204(3)(b).
1679 (ii) The department may prorate the $5,000 initial license fee based on the number of
1680 months out of a year the master full-service restaurant licensee is licensed before the day on
1681 which the master full-service restaurant license expires.
1682 (c) [
1683
1684 full-service license under the master full-service restaurant license determined in accordance
1685 with Subsection 32B-6-204(3)(c).
1686 (5) A new location may be added to a master full-service restaurant license after the
1687 master full-service restaurant license is issued if:
1688 (a) the master full-service restaurant licensee pays a nonrefundable application fee of
1689 $330; and
1690 (b) including payment of the initial license fee, the location separately meets the
1691 requirements of this part.
1692 (6) (a) A master full-service restaurant licensee shall notify the department of a change
1693 in the persons managing a location covered by a master full-service restaurant license:
1694 (i) immediately, if the management personnel is not management personnel at a
1695 location covered by the master full-service restaurant licensee at the time of the change; or
1696 (ii) within 30 days of the change, if the master full-service restaurant licensee is
1697 transferring management personnel from one location to another location covered by the master
1698 full-service restaurant licensee.
1699 (b) A location covered by a master full-service restaurant license shall keep [
1700 location's own records on [
1701 records.
1702 (c) A master full-service restaurant licensee may not transfer alcoholic products
1703 between different locations covered by the master full-service restaurant license.
1704 (7) [
1705 restaurant license, the violation may result in disciplinary action in accordance with Chapter 3,
1706 Disciplinary Actions and Enforcement Act, against:
1707 [
1708 [
1709 or
1710 [
1711 (ii).
1712 [
1713
1714
1715
1716 [
1717
1718
1719 [
1720
1721 (8) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah
1722 Administrative Rulemaking Act, to establish how a person may apply for a master full-service
1723 restaurant license under this section.
1724 Section 18. Section 32B-6-305.2 is amended to read:
1725 32B-6-305.2. Specific operational requirements for a limited-service restaurant
1726 license -- On and after July 1, 2018, or July 1, 2022.
1727 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1728 Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
1729 licensee shall comply with this section.
1730 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1731 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1732 (i) a limited-service restaurant licensee;
1733 (ii) individual staff of a limited-service restaurant licensee; or
1734 (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
1735 licensee.
1736 (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
1737 licensee's premises shall make a beverage tab for each table or group that orders or consumes
1738 an alcoholic product on the premises.
1739 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
1740 each alcoholic product ordered or consumed.
1741 (3) A limited-service restaurant licensee may not make an individual's willingness to
1742 serve an alcoholic product a condition of employment with a limited-service restaurant
1743 licensee.
1744 (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
1745 heavy beer at the licensed premises during the following time periods only:
1746 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
1747 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1748 period that begins at 10:30 a.m. and ends at 11:59 p.m.
1749 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
1750 licensed premises during the following time periods only:
1751 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1752 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1753 period that begins at 10:30 a.m. and ends at 12:59 a.m.
1754 (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
1755 on-premise consumption except after:
1756 (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
1757 product is seated at:
1758 (A) a table that is located in a dining area or a dispensing area;
1759 (B) a counter that is located in a dining area or a dispensing area; or
1760 (C) a dispensing structure that is located in a dispensing area; and
1761 (ii) the limited-service restaurant licensee confirms that the patron intends to:
1762 (A) order food prepared, sold, and furnished at the licensed premises; and
1763 (B) except as provided in Subsection (5)(b), consume the food at the same location
1764 where the patron is seated and furnished the alcoholic product.
1765 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1766 limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
1767 sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
1768 described in Section 32B-5-304 if:
1769 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1770 structure; and
1771 (B) the limited-service restaurant licensee first confirms that after the patron is seated
1772 in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1773 premises.
1774 [
1775 patron's alcoholic product before moving to a seat in the dining area, [
1776
1777
1778 alcoholic product to the patron's seat in the dining area.
1779 (B) An employee of the limited-service restaurant licensee shall escort a patron who
1780 transports an unfinished portion of the patron's alcoholic product to the patron's seat in the
1781 dining area.
1782 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
1783 (c) Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not
1784 furnish beer for off-premise consumption except after the patron consumes on the licensed
1785 premises food prepared, sold, and furnished at the licensed premises.
1786 (d) A limited-service restaurant licensee shall maintain on the licensed premises
1787 adequate culinary facilities for food preparation and dining accommodations.
1788 (6) A patron may consume an alcoholic product on the limited-service restaurant
1789 licensee's licensed premises only if the patron is seated at:
1790 (a) a table that is located in a dining area or a dispensing area;
1791 (b) a counter that is located in a dining area or a dispensing area; or
1792 (c) a dispensing structure located in a dispensing area.
1793 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1794 more than two alcoholic products of any kind at a time before the patron.
1795 (b) An individual portion of wine is considered to be one alcoholic product under
1796 Subsection (7)(a).
1797 (8) In accordance with the provisions of this section, an individual who is at least 21
1798 years old may consume food and beverages in a dispensing area.
1799 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
1800 consume food or beverages in a dispensing area.
1801 (b) (i) A minor may be in a dispensing area if the minor is:
1802 (A) at least 16 years old and working as an employee of the limited-service restaurant
1803 licensee; or
1804 (B) performing maintenance and cleaning services as an employee of the
1805 limited-service restaurant licensee when the limited-service restaurant licensee is not open for
1806 business.
1807 (ii) If there is no alternative route available, a minor may momentarily pass through a
1808 dispensing area without remaining or sitting in the dispensing area en route to an area of the
1809 limited-service restaurant licensee's premises in which the minor is permitted to be.
1810 (10) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
1811 licensee may dispense an alcoholic product only if:
1812 (a) the alcoholic product is dispensed from:
1813 (i) a dispensing structure that is located in a dispensing area;
1814 (ii) an area that is:
1815 (A) separated from an area for the consumption of food by a patron by a solid,
1816 translucent, permanent structural barrier such that the facilities for the dispensing of an
1817 alcoholic product are not readily visible to a patron and not accessible by a patron; and
1818 (B) apart from an area used for dining, for staging, or as a waiting area; or
1819 (iii) the premises of a bar licensee that is:
1820 (A) owned by the same person or persons as the limited-service restaurant licensee; and
1821 (B) located immediately adjacent to the premises of the limited-service restaurant
1822 licensee; and
1823 (b) any instrument or equipment used to dispense alcoholic product is located in an
1824 area described in Subsection (10)(a).
1825 (11) (a) A limited-service restaurant licensee may have more than one dispensing area
1826 in the licensed premises.
1827 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1828 dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1829 dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1830 (12) A limited-service restaurant licensee may not:
1831 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1832 (b) display an alcoholic product or a product intended to appear like an alcoholic
1833 product by moving a cart or similar device around the licensed premises.
1834 (13) A limited-service restaurant licensee may state in a food or alcoholic product
1835 menu a charge or fee made in connection with the sale, service, or consumption of wine or
1836 heavy beer, including:
1837 (a) a set-up charge;
1838 (b) a service charge; or
1839 (c) a chilling fee.
1840 (14) (a) In addition to the requirements described in Section 32B-5-302, a
1841 limited-service restaurant licensee shall maintain each of the following records for at least three
1842 years:
1843 (i) a record required by Section 32B-5-302; and
1844 (ii) a record that the commission requires a limited-service restaurant licensee to use or
1845 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1846 Rulemaking Act.
1847 (b) The department shall audit the records of a limited-service restaurant licensee at
1848 least once each calendar year.
1849 Section 19. Section 32B-6-403 is amended to read:
1850 32B-6-403. Commission's power to issue bar establishment license.
1851 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
1852 an alcoholic product on [
1853 shall first obtain a bar establishment license from the commission in accordance with this part.
1854 (2) The commission may issue a bar establishment license to establish bar
1855 establishment licensed premises at places and in numbers the commission considers proper for
1856 the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on
1857 premises operated by a bar establishment licensee.
1858 (3) Subject to Section 32B-1-201:
1859 [
1860 establishment licenses that at any time exceeds the number determined by dividing the
1861 population of the state by 7,850; and
1862 (a) [
1863 bar establishment licenses that at any time exceeds the [
1864 (i) 20; and
1865 (ii) the number determined by dividing the population of the state by 10,200;
1866 (b) the commission may issue a seasonal bar establishment license in accordance with
1867 Section 32B-5-206 to[
1868 [
1869 [
1870 (c) [
1871
1872 commission may authorize as many as three bar establishment license locations within [
1873 hotel under one bar establishment license if:
1874 [
1875 license location within the hotel to serve the public convenience;
1876 (ii) the hotel has a minimum of 150 guest rooms;
1877 [
1878 [
1879 [
1880 establishment licensee; [
1881 [
1882
1883 (d) the commission may authorize up to five dispensing structures under one equity
1884 license if the locations under the equity license:
1885 (i) are connected by a private roadway to which the equity licensee, each member of
1886 the equity licensee, and each guest has a legal right of access; and
1887 (ii) are managed or operated, and owned or leased, by the equity licensee;
1888 [
1889 a facility [
1890 establishment license location where an alcoholic product is sold, offered for sale, or furnished;
1891 [
1892 commission may issue a bar establishment license to the new owner of the business
1893 establishment notwithstanding that there is no bar establishment license available under
1894 Subsection (3)(a) if:
1895 (i) the primary business activity at the business establishment before and after the
1896 change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
1897 (ii) before the change of ownership there are two or more licensed premises on the
1898 business establishment that operate under a retail license, with at least one of the retail licenses
1899 being a bar establishment license;
1900 (iii) subject to Subsection [
1901 license issued under this Subsection [
1902 establishment license licensed premises was located before the change of ownership; and
1903 (iv) the person who is the new owner of the business establishment qualifies for the bar
1904 establishment license, except for there being no bar establishment license available under
1905 Subsection (3)(a); and
1906 [
1907 Subsection [
1908 retain the bar establishment license after the change of location only if on the day on which the
1909 bar establishment licensee seeks a change of location a bar establishment license is available
1910 under Subsection (3)(a).
1911 Section 20. Section 32B-6-404 is amended to read:
1912 32B-6-404. Types of bar license.
1913 (1) To obtain an equity license, in addition to meeting the other requirements of this
1914 part, a person shall:
1915 (a) whether incorporated or unincorporated:
1916 (i) be organized and operated solely for a social, recreational, patriotic, or fraternal
1917 purpose;
1918 (ii) have members;
1919 (iii) limit access to its licensed premises to a member or a guest of the member; and
1920 (iv) desire to maintain premises upon which an alcoholic product may be stored, sold
1921 to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
1922 (b) except as provided in Subsection (8), own, maintain, or operate a substantial
1923 recreational facility in conjunction with a club house such as:
1924 (i) a golf course; or
1925 (ii) a tennis facility;
1926 (c) have at least 50% of the total membership having an equal share of the equity of the
1927 entity or a right to redemption or refund at the equal value; and
1928 (d) if there is more than one class of membership, have at least one class of
1929 membership that entitles each member in that class to an equal share of the equity of the entity
1930 or a right to redemption or refund at the equal value.
1931 (2) To obtain a fraternal license, in addition to meeting the other requirements of this
1932 part, a person shall:
1933 (a) whether incorporated or unincorporated:
1934 (i) be organized and operated solely for a social, recreational, patriotic, or fraternal
1935 purpose;
1936 (ii) have members;
1937 (iii) limit access to its licensed premises to a member or a guest of the member; and
1938 (iv) desire to maintain premises upon which an alcoholic product may be stored, sold
1939 to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
1940 (b) have no capital stock;
1941 (c) exist solely for:
1942 (i) the benefit of its members and their beneficiaries; and
1943 (ii) a lawful social, intellectual, educational, charitable, benevolent, moral, fraternal,
1944 patriotic, or religious purpose for the benefit of its members or the public, carried on through
1945 voluntary activity of its members in their local lodges;
1946 (d) have a representative form of government;
1947 (e) have a lodge system in which:
1948 (i) there is a supreme governing body;
1949 (ii) subordinate to the supreme governing body are local lodges, however designated,
1950 into which individuals are admitted as members in accordance with the laws of the fraternal;
1951 (iii) the local lodges are required by the laws of the fraternal to hold regular meetings at
1952 least monthly; and
1953 (iv) the local lodges regularly engage in one or more programs involving member
1954 participation to implement the purposes of Subsection (2)(c); and
1955 (f) own or lease a building or space in a building used for lodge activities.
1956 (3) To obtain a dining club license, in addition to meeting the other requirements of
1957 this part, a person shall:
1958 (a) maintain at least the following percentages of its total club business from the sale of
1959 food, not including mix for alcoholic products, or service charges:
1960 (i) for a dining club license that is issued as an original license on or after July 1, 2011,
1961 60%; and
1962 (ii) for a dining club license that is issued on or before June 30, 2011:
1963 (A) 50% on or before June 30, 2012; and
1964 (B) 60% on and after July 1, 2012; and
1965 (b) obtain a determination by the commission that the person will operate as a dining
1966 club licensee, as part of which the commission may consider:
1967 (i) the square footage and seating capacity of the premises;
1968 (ii) what portion of the square footage and seating capacity will be used for a dining
1969 area in comparison to the portion that will be used as a lounge or bar area;
1970 (iii) whether full meals including appetizers, main courses, and desserts are served;
1971 (iv) whether the person will maintain adequate on-premise culinary facilities to prepare
1972 full meals, except a person who is located on the premise of a hotel or resort facility may use
1973 the culinary facilities of the hotel or resort facility;
1974 (v) whether the entertainment provided at the premises is suitable for minors; and
1975 (vi) the club management's ability to manage and operate a dining club license
1976 including:
1977 (A) management experience;
1978 (B) past dining club licensee or restaurant management experience; and
1979 (C) the type of management scheme used by the dining club license.
1980 (4) To obtain a bar license, a person is required to meet the requirements of this part
1981 except those listed in Subsection (1), (2), or (3).
1982 (5) (a) At the time that the commission issues a bar establishment license, the
1983 commission shall designate the type of bar establishment license for which the person qualifies.
1984 (b) If requested by a bar establishment licensee, the commission may approve a change
1985 in the type of bar establishment license in accordance with rules made by the commission.
1986 (6) To the extent not prohibited by law, this part does not prevent a dining club
1987 licensee or bar licensee from restricting access to the licensed premises on the basis of an
1988 individual:
1989 (a) paying a fee; or
1990 (b) agreeing to being on a list of individuals who have access to the licensed premises.
1991 (7) (a) (i) On or after July 1, 2017, the commission may not issue or renew a dining
1992 club license.
1993 (ii) No later than July 1, 2018, the department shall convert each dining club license to
1994 a full-service restaurant license or a bar license in accordance with the provisions of this
1995 Subsection (7).
1996 (b) (i) (A) A person licensed as a dining club on July 1, 2017, shall notify the
1997 department no later than May 31, 2018, whether the person elects to be licensed as a
1998 full-service restaurant or a bar.
1999 (B) No later than July 1, 2018, the department shall convert a dining club license to a
2000 full-service restaurant license or a bar license in accordance with the dining club licensee's
2001 election under Subsection (7)(b)(i)(A).
2002 (ii) If a dining club licensee fails to timely notify the department in accordance with
2003 Subsection (7)(b)(i), the dining club license is automatically converted to a full-service
2004 restaurant license on July 1, 2018.
2005 (c) Subject to Section 32B-6-404.1, after a dining club license converts to a full-service
2006 restaurant license or a bar license, the retail licensee shall operate under the provisions that
2007 govern the full-service restaurant license or the bar license, as applicable.
2008 (d) After a dining club license converts to a full-service restaurant license or a bar
2009 license in accordance with this Subsection (7):
2010 (i) the full-service restaurant license is not considered in determining the total number
2011 of full-service restaurant licenses available under Section 32B-6-203; or
2012 (ii) the bar license is not considered in determining the total number of bar
2013 establishment licenses available under Section 32B-6-403.
2014 (e) Except as provided in Subsections (7)(a) and (b), before July 1, 2018, the
2015 commission may not issue a full-service restaurant license, a limited-service restaurant license,
2016 or a beer-only restaurant license to a person who holds a dining club license on May 9, 2017,
2017 for the same premises.
2018 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2019 commission may make rules establishing a procedure by which a dining club licensee elects
2020 and converts to a full-service restaurant licensee or a bar licensee under this Subsection (7).
2021 (8) Subsection (1)(b) does not apply to a person who renews an equity license issued
2022 before January 1, 2020, if the person did not meet the requirements under Subsection (1)(b) at
2023 the time the equity license was issued.
2024 Section 21. Section 32B-6-406 is amended to read:
2025 32B-6-406. Specific operational requirements for a bar establishment license.
2026 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2027 Requirements, a bar establishment licensee and staff of the bar establishment licensee shall
2028 comply with this section.
2029 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2030 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2031 (i) a bar establishment licensee;
2032 (ii) individual staff of a bar establishment licensee; or
2033 (iii) both a bar establishment licensee and staff of the bar establishment licensee.
2034 (2) In addition to complying with Subsection 32B-5-301(3), a bar licensee shall display
2035 in a conspicuous place at the entrance to the licensed premises a sign that:
2036 (a) measures at least 8-1/2 inches long and 11 inches wide; and
2037 (b) clearly states that the bar licensee is a bar and that no one under 21 years of age is
2038 allowed.
2039 (3) (a) In addition to complying with Section 32B-5-302, a bar establishment licensee
2040 shall maintain for a minimum of three years:
2041 (i) a record required by Section 32B-5-302; and
2042 (ii) a record maintained or used by the bar establishment licensee, as the department
2043 requires.
2044 (b) Section 32B-1-205 applies to a record required to be made, maintained, or used in
2045 accordance with this Subsection (3).
2046 (c) The department shall audit the records of a bar establishment licensee at least once
2047 annually.
2048 (4) (a) A bar establishment licensee may not sell, offer for sale, or furnish liquor on the
2049 licensed premises on any day during a period that:
2050 (i) begins at 1 a.m.; and
2051 (ii) ends at 9:59 a.m.
2052 (b) A bar establishment licensee may sell, offer for sale, or furnish beer during the
2053 hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
2054 license.
2055 (c) (i) Notwithstanding Subsections (4)(a) and (b), a bar establishment licensee shall
2056 keep its licensed premises open for one hour after the bar establishment licensee ceases the sale
2057 and furnishing of an alcoholic product during which time a patron of the bar establishment
2058 licensee may finish consuming:
2059 (A) a single drink containing spirituous liquor;
2060 (B) except as provided in Subsection (4)(c)(i)(C), a single serving of wine not
2061 exceeding five ounces;
2062 (C) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed
2063 container and contains no more than 5% of alcohol by volume;
2064 [
2065 [
2066 [
2067 (ii) A bar establishment licensee is not required to remain open:
2068 (A) after all patrons have vacated the premises; or
2069 (B) during an emergency.
2070 (5) (a) A minor:
2071 (i) may not be admitted into, use, or be in the licensed premises of:
2072 (A) a dining club licensee unless accompanied by an individual who is 21 years of age
2073 or older; or
2074 (B) a bar licensee, except to the extent provided for under Section 32B-6-406.1;
2075 (ii) may only be admitted into, use, or be in the lounge or bar area of an equity
2076 licensee's or fraternal licensee's licensed premises:
2077 (A) when accompanied by an individual who is 21 years of age or older; and
2078 (B) momentarily while en route to another area of the licensee's premises; and
2079 (iii) may not remain or sit in the lounge or bar area of an equity licensee's or fraternal
2080 licensee's licensed premises.
2081 (b) Notwithstanding Section 32B-5-308, a bar establishment licensee may not employ a
2082 minor to:
2083 (i) work in a lounge or bar area of an equity licensee, fraternal licensee, or dining club
2084 licensee; or
2085 (ii) handle an alcoholic product.
2086 (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
2087 premises of a bar licensee.
2088 (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
2089 more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a bar
2090 establishment licensee.
2091 (6) A bar establishment licensee shall have food available at all times when an
2092 alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
2093 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
2094 more than two alcoholic products of any kind at a time before the patron.
2095 (b) A patron may not have two spirituous liquor drinks before the bar establishment
2096 licensee patron if one of the spirituous liquor drinks consists only of the primary spirituous
2097 liquor for the other spirituous liquor drink.
2098 (c) An individual portion of wine is considered to be one alcoholic product under
2099 Subsection (7)(a).
2100 (8) A bar establishment licensee shall have available on the premises for a patron to
2101 review at the time that the patron requests it, a written alcoholic product price list or a menu
2102 containing the price of an alcoholic product sold, offered for sale, or furnished by the bar
2103 establishment licensee including:
2104 (a) a set-up charge;
2105 (b) a service charge; or
2106 (c) a chilling fee.
2107 (9) Subject to Section 32B-5-309, a bar establishment licensee may not temporarily
2108 rent or otherwise temporarily lease its premises to a person unless:
2109 (a) the person to whom the bar establishment licensee rents or leases the premises
2110 agrees in writing to comply with this title as if the person is the bar establishment licensee,
2111 except for a requirement related to making or maintaining a record; and
2112 (b) the bar establishment licensee takes reasonable steps to ensure that the person
2113 complies with this section as provided in Subsection (9)(a).
2114 (10) If a bar establishment licensee is an equity licensee or fraternal licensee, the bar
2115 establishment licensee shall comply with Section 32B-6-407.
2116 (11) If a bar establishment licensee is a dining club licensee or bar licensee, the bar
2117 establishment licensee shall comply with Section 32B-1-407.
2118 (12) (a) A bar establishment licensee shall own or lease premises suitable for the bar
2119 establishment licensee's activities.
2120 (b) A bar establishment licensee may not maintain licensed premises in a manner that
2121 barricades or conceals the bar establishment licensee's operation.
2122 Section 22. Section 32B-6-503 is amended to read:
2123 32B-6-503. Commission's power to issue airport lounge license.
2124 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
2125 an alcoholic product on its premises as an airport lounge licensee, the person shall first obtain
2126 an airport lounge license from the commission in accordance with this part.
2127 (2) [
2128 license:
2129 (a) to establish airport lounge licensed premises beyond the security point at an
2130 international airport or a domestic airport; and
2131 (b) in the numbers the commission considers proper for the storage, sale, offer for sale,
2132 furnishing, and consumption of an alcoholic product on licensed premises operated as an
2133 airport lounge.
2134 (3) (a) The commission may not issue more than [
2135 international airport at any time.
2136 (b) The commission may not issue a total number of domestic airport airport lounge
2137 licenses that at any time exceeds three.
2138 Section 23. Section 32B-6-603 is amended to read:
2139 32B-6-603. Commission's power to issue on-premise banquet license -- Contracts
2140 as host.
2141 (1) (a) Before a person may store, sell, offer for sale, furnish, or allow the consumption
2142 of an alcoholic product in connection with the person's banquet and room service activities at
2143 one of the following, the person shall first obtain an on-premise banquet license in accordance
2144 with this part:
2145 (i) a hotel;
2146 (ii) a resort facility;
2147 (iii) a sports center;
2148 (iv) a convention center;
2149 (v) a performing arts facility; [
2150 (vi) an arena[
2151 (vii) a restaurant venue.
2152 (b) This part does not prohibit an alcoholic product on the premises of a person listed
2153 in Subsection (1)(a) to the extent otherwise permitted by this title.
2154 (c) This section does not prohibit a person who applies for an on-premise banquet
2155 license to also apply for a package agency if otherwise qualified.
2156 (2) The commission may issue an on-premise banquet license to establish on-premise
2157 banquet licensees in the numbers the commission considers proper for the storage, sale, offer
2158 for sale, furnishing, and consumption of an alcoholic product at a banquet or as part of room
2159 service activities operated by an on-premise banquet licensee.
2160 (3) Subject to Section 32B-1-201, the commission [
2161 (a) may not issue a total number of restaurant venue on-premise banquet licenses that
2162 at any time exceeds Ŝ→ [
2163 (b) may not issue a total number of on-premise banquet licenses that at any time
2164 [
2165 (4) Pursuant to a contract between the host of a banquet and an on-premise banquet
2166 licensee:
2167 (a) the host of the banquet may request an on-premise banquet licensee to provide an
2168 alcoholic product served at the banquet; and
2169 (b) an on-premise banquet licensee may provide an alcoholic product served at the
2170 banquet.
2171 (5) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:
2172 (a) without charge to a patron at a banquet, except that the host of the banquet shall pay
2173 for an alcoholic product furnished at the banquet; or
2174 (b) with a charge to a patron at the banquet.
2175 (6) To be licensed as an on-premise banquet, a person shall maintain at least 50% of
2176 the person's total annual banquet gross receipts from the sale of food, which does not include:
2177 (a) mix for an alcoholic product; or
2178 (b) a charge in connection with the furnishing of an alcoholic product.
2179 Section 24. Section 32B-6-605 is amended to read:
2180 32B-6-605. Specific operational requirements for on-premise banquet license.
2181 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2182 Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee
2183 shall comply with this section.
2184 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2185 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2186 (i) an on-premise banquet licensee;
2187 (ii) individual staff of an on-premise banquet licensee; or
2188 (iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
2189 (2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and
2190 (5) for the entire premises of the hotel, resort facility, sports center, convention center,
2191 performing arts facility, [
2192 banquet license.
2193 (3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
2194 shall provide the department with advance notice of a scheduled banquet in accordance with
2195 rules made by the commission.
2196 (b) Any of the following may conduct a random inspection of a banquet:
2197 (i) an authorized representative of the commission or the department; or
2198 (ii) a law enforcement officer.
2199 (4) (a) An on-premise banquet licensee is not subject to Section 32B-5-302, but shall
2200 make and maintain the records the commission or department requires.
2201 (b) Section 32B-1-205 applies to a record required to be made or maintained in
2202 accordance with this Subsection (4).
2203 (5) (a) Except as otherwise provided in this title, an on-premise banquet licensee may
2204 sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the
2205 location of the banquet.
2206 (b) Except as provided in Subsection 32B-5-307(4), a host of a banquet, a patron, or a
2207 person other than the on-premise banquet licensee or staff of the on-premise banquet licensee,
2208 may not remove an alcoholic product from the premises of the banquet.
2209 (c) Notwithstanding Subsections 32B-5-307(3) and (5) and except as provided in
2210 Subsection 32B-5-307(4), a patron at a banquet may not bring an alcoholic product into or
2211 onto, or remove an alcoholic product from, the premises of a banquet.
2212 (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at
2213 the banquet following the conclusion of the banquet.
2214 (b) At the conclusion of a banquet, an on-premise banquet licensee shall:
2215 (i) destroy an opened and unused alcoholic product that is not saleable, under
2216 conditions established by the department; and
2217 (ii) return to the on-premise banquet licensee's approved locked storage area any:
2218 (A) opened and unused alcoholic product that is saleable; and
2219 (B) unopened container of an alcoholic product.
2220 (c) Except as provided in Subsection (6)(b) with regard to an open or sealed container
2221 of an alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
2222 (i) shall store the alcoholic product in the on-premise banquet licensee's approved
2223 locked storage area; and
2224 (ii) may use the alcoholic product at more than one banquet.
2225 (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not
2226 employ a minor to sell, furnish, or dispense an alcoholic product in connection with the
2227 on-premise banquet licensee's banquet and room service activities.
2228 (8) An on-premise banquet licensee:
2229 (a) may provide room service in portions described in Section 32B-5-304;
2230 (b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
2231 connection with room service any day during a period that:
2232 (i) begins at 1 a.m.; and
2233 (ii) ends at 9:59 a.m.; and
2234 (c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
2235 product free of charge per guest reservation, per guest room, if the alcoholic product:
2236 (i) is not a spirituous liquor; and
2237 (ii) is in an unopened container not to exceed 750 milliliters.
2238 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
2239 more than two alcoholic products of any kind at a time before the patron.
2240 (b) A patron may not have more than one spirituous liquor drink at a time before the
2241 patron.
2242 (c) An individual portion of wine is considered to be one alcoholic product under
2243 Subsection (9)(a).
2244 (10) (a) An on-premise banquet licensee shall supervise and direct a person involved in
2245 the sale, offer for sale, or furnishing of an alcoholic product.
2246 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
2247 shall complete an alcohol training and education seminar.
2248 (11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
2249 times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
2250 banquet.
2251 (12) (a) Room service of an alcoholic product to a guest room or privately owned
2252 dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise
2253 banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.
2254 (b) An alcoholic product may not be left outside a guest room or privately owned
2255 dwelling unit for retrieval by a guest or resident.
2256 (13) An on-premise banquet licensee may not maintain a minibar.
2257 Section 25. Section 32B-6-905.1 is amended to read:
2258 32B-6-905.1. Specific operational requirements for a beer-only restaurant license
2259 -- On and after July 1, 2018, or July 1, 2022.
2260 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2261 Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
2262 shall comply with this section.
2263 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
2264 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2265 (i) a beer-only restaurant licensee;
2266 (ii) individual staff of a beer-only restaurant licensee; or
2267 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
2268 (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
2269 sale, furnish, or allow consumption of liquor.
2270 (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
2271 (i) as a flavoring on a dessert; or
2272 (ii) in the preparation of a flaming food dish, drink, or dessert.
2273 (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
2274 make a beverage tab for each table or group that orders or consumes beer on the premises.
2275 (b) A beverage tab described in this Subsection (3) shall state the type and amount of
2276 each beer ordered or consumed.
2277 (4) A beer-only restaurant licensee may not make an individual's willingness to serve
2278 beer a condition of employment as a server with a beer-only restaurant licensee.
2279 (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
2280 licensed premises during the following time periods only:
2281 (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
2282 (b) on a weekend or a state or federal legal holiday or for a private event, during the
2283 period that begins at 10:30 a.m. and ends at 12:59 a.m.
2284 (6) (a) A beer-only restaurant licensee may not furnish beer for on-premise
2285 consumption except after:
2286 (i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
2287 (A) a table that is located in a dining area or a dispensing area;
2288 (B) a counter that is located in a dining area or a dispensing area; or
2289 (C) a dispensing structure that is located in a dispensing area; and
2290 (ii) the beer-only restaurant licensee confirms that the patron intends to:
2291 (A) order food prepared, sold, and furnished at the licensed premises; and
2292 (B) except as provided in Subsection (6)(b), consume the food at the same location
2293 where the patron is seated and furnished the beer.
2294 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
2295 beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
2296 furnish to the patron one portion of beer as described in Section 32B-5-304 if:
2297 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
2298 structure; and
2299 (B) the beer-only restaurant licensee first confirms that after the patron is seated in the
2300 dining area, the patron intends to order food prepared, sold, and furnished at the licensed
2301 premises.
2302 [
2303 patron's beer before moving to a seat in the dining area, [
2304
2305
2306 patron's seat in the dining area.
2307 (B) An employee of the beer-only restaurant licensee shall escort a patron who
2308 transports an unfinished portion of the patron's beer to the patron's seat in the dining area.
2309 (c) Notwithstanding Section 32B-5-307, a beer-only restaurant licensee may not
2310 furnish beer for off-premise consumption except after the patron consumes on the licensed
2311 premises food prepared, sold, and furnished at the licensed premises.
2312 (d) A beer-only restaurant licensee shall maintain on the licensed premises adequate
2313 culinary facilities for food preparation and dining accommodations.
2314 (7) A patron may consume a beer on the beer-only licensee's licensed premises only at:
2315 (a) a table that is located in a dining area or a dispensing area;
2316 (b) a counter that is located in a dining area or a dispensing area; or
2317 (c) a dispensing structure located in a dispensing area.
2318 (8) A patron may not have more than two beers at a time before the patron.
2319 (9) In accordance with the provisions of this section, an individual who is at least 21
2320 years old may consume food and beverages in a dispensing area.
2321 (10) (a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or
2322 consume food or beverages in a dispensing area.
2323 (b) (i) A minor may be in a dispensing area if the minor is:
2324 (A) at least 16 years old and working as an employee of the beer-only restaurant
2325 licensee; or
2326 (B) performing maintenance and cleaning services as an employee of the beer-only
2327 restaurant licensee when the beer-only restaurant licensee is not open for business.
2328 (ii) If there is no alternative route available, a minor may momentarily pass through a
2329 dispensing area without remaining or sitting in the dispensing area en route to an area of the
2330 beer-only restaurant licensee's premises in which the minor is permitted to be.
2331 (11) A beer-only restaurant licensee may dispense a beer only if:
2332 (a) the beer is dispensed from:
2333 (i) a dispensing structure that is located in a dispensing area;
2334 (ii) an area that is:
2335 (A) separated from an area for the consumption of food by a patron by a solid,
2336 translucent, permanent structural barrier such that the facilities for the dispensing of an
2337 alcoholic product are not readily visible to a patron and not accessible by a patron; and
2338 (B) apart from an area used for dining, for staging, or as a waiting area; or
2339 (iii) the premises of a bar licensee that is:
2340 (A) owned by the same person or persons as the beer-only restaurant licensee; and
2341 (B) located immediately adjacent to the premises of the beer-only restaurant licensee;
2342 and
2343 (b) any instrument or equipment used to dispense the beer is located in an area
2344 described in Subsection (11)(a).
2345 (12) (a) A beer-only restaurant licensee may have more than one dispensing area in the
2346 licensed premises.
2347 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
2348 dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any
2349 other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
2350 (13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
2351 from a movable cart.
2352 (14) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
2353 restaurant licensee shall maintain each of the following records for at least three years:
2354 (i) a record required by Section 32B-5-302; and
2355 (ii) a record that the commission requires a beer-only restaurant licensee to use or
2356 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2357 Rulemaking Act.
2358 (b) The department shall audit the records of a beer-only restaurant licensee at least
2359 once annually.
2360 Section 26. Section 32B-6-1005 is amended to read:
2361 32B-6-1005. Specific operational requirements for hospitality amenity license.
2362 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2363 Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall
2364 comply with this section.
2365 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2366 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2367 (i) the hospitality amenity licensee;
2368 (ii) individual staff of the hospitality amenity licensee; or
2369 (iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee.
2370 (2) (a) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
2371 product:
2372 (i) to a hospitality guest; and
2373 (ii) for consumption in or on the hospitality amenity licensee's licensed premises.
2374 (b) (i) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
2375 product that is not spirituous liquor in or on:
2376 (A) licensed premises physically separated from an area to which a hospitality guest or
2377 the public has access by a permanent or temporary structure or barrier; or
2378 (B) licensed premises described in Subsection (2)(b)(ii).
2379 (ii) A hospitality amenity licensee may sell, offer for sale, or furnish spirituous liquor
2380 in or on licensed premises that:
2381 (A) allows access only through the use of a key or code; and
2382 (B) fills the entirety of a physically and permanently enclosed area within the hotel or
2383 resort.
2384 (c) Spirituous liquor may not be in or on the licensed premises described in Subsection
2385 (2)(b)(i)(A) of a hospitality amenity licensee, except for use:
2386 (i) as a flavoring on a dessert; and
2387 (ii) in the preparation of a flaming food dish or dessert.
2388 (d) A hospitality amenity licensee may not allow self-service of an alcoholic product in
2389 or on the hospitality amenity licensee's licensed premises.
2390 (3) (a) Subject to Subsections (3)(b) and (c), a hospitality guest may not have more
2391 than two alcoholic products of any kind at a time before the hospitality guest.
2392 (b) A hospitality guest may not have more than one spirituous liquor drink at a time
2393 before the hospitality guest.
2394 (c) An individual portion of wine is considered to be one alcoholic product under
2395 Subsection (3)(a).
2396 (4) A hospitality amenity licensee shall make food available at all times that the
2397 licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on
2398 the licensed premises.
2399 (5) (a) A hospitality amenity licensee may not sell, offer for sale, or furnish an
2400 alcoholic product any day during a period that:
2401 (i) begins at 1:00 a.m.; and
2402 (ii) ends at 9:59 a.m.
2403 (b) A hospitality amenity licensee shall remain open for one hour after the licensee
2404 ceases to sell and furnish an alcoholic product, during which time a hospitality guest in or on
2405 the hospitality amenity licensed premises may finish consuming:
2406 (i) a single drink containing spirituous liquor;
2407 (ii) except as provided in Subsection (5)(b)(iii), a single serving of wine not exceeding
2408 five ounces;
2409 (iii) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed
2410 container and contains no more than 5% of alcohol by volume;
2411 [
2412 [
2413 [
2414 (c) A hospitality amenity licensee is not required to remain open:
2415 (i) after all individuals have vacated the licensee's licensed premises; or
2416 (ii) during an emergency.
2417 (6) (a) Notwithstanding Section 32B-5-305, a hospitality amenity licensee may provide
2418 a hospitality guest up to two single servings of an alcoholic product free of charge or at a
2419 reduced rate, if:
2420 (i) the alcoholic product is not a spirituous liquor; and
2421 (ii) the hospitality amenity licensee offers the alcohol product:
2422 (A) to all hospitality guests;
2423 (B) during a specific time; and
2424 (C) on the hospitality amenity licensee's licensed premises.
2425 (b) Before a hospitality amenity licensee provides an alcoholic product free of charge
2426 or at a reduced rate as described in Subsection (6)(a), the licensee shall provide the department
2427 with advance notice of the event, in accordance with commission rules that permit a licensee to
2428 provide a single notice for a reoccurring event or multiple events.
2429 (7) A hospitality amenity licensee may permit a hospitality guest to purchase an
2430 alcoholic product through a charge to the hospitality guest's lodging accommodations.
2431 (8) (a) Notwithstanding Section 32B-5-307, a hospitality guest, or a person other than
2432 the hospitality amenity licensee or staff of the hospitality amenity licensee, may not remove an
2433 alcoholic product from the hospitality amenity licensee's licensed premises.
2434 (b) Notwithstanding Subsection 32B-5-307(3), a hospitality guest may not bring an
2435 alcoholic product within the hospitality amenity licensee's licensed premises.
2436 (9) A hospitality amenity licensee shall display at each entrance to the licensee's
2437 licensed premises a conspicuous sign that:
2438 (a) measures at least 8-1/2 inches long and 11 inches wide; and
2439 (b) clearly states that entry is limited to individuals who are hospitality guests, as
2440 defined in this title.
2441 (10) A hospitality amenity licensee may not permit a minor to enter the licensee's
2442 licensed premises at any time during which an alcoholic product is sold, offered for sale,
2443 furnished, or consumed, unless the minor is accompanied at all times on the licensed premises
2444 by a hospitality guest.
2445 (11) A staff person of a hospitality amenity licensee shall remain on the licensed
2446 premises at all times when an alcoholic product is sold, offered for sale, furnished, or
2447 consumed in or on the licensed premises.
2448 (12) A hospitality amenity licensee may transfer an alcoholic product to or from
2449 another licensee within the boundary of the hotel or within the boundary of the resort building,
2450 if:
2451 (a) the hospitality amenity licensee and each licensee involved in the transfer tracks the
2452 transfer of the alcoholic product; and
2453 (b) the alcoholic product is in a sealed, unopened container.
2454 (13) (a) In addition to the requirements described in Section 32B-5-302, a hospitality
2455 amenity licensee shall maintain each of the following records for at least three years:
2456 (i) a record required under Section 32B-5-302; and
2457 (ii) a record that the commission requires a hospitality amenity licensee to use or
2458 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2459 Rulemaking Act.
2460 (b) The department shall audit the records of a hospitality amenity licensee at least
2461 once annually.
2462 Section 27. Section 32B-7-409 is amended to read:
2463 32B-7-409. Multiple licenses on same premises.
2464 (1) Except as provided in Subsection (2), the commission may not issue and one or
2465 more licensees may not hold an off-premise beer retailer state license for the same licensed
2466 premises or adjacent licensed premises as a retail licensee, unless the licensed premises:
2467 (a) are separated by a permanent, opaque, floor-to-ceiling wall;
2468 (b) each have a separate entrance to the licensed premises; and
2469 (c) each have separate restroom facilities on the licensed premises.
2470 (2) (a) The commission may issue and an off-premise beer retailer state licensee may
2471 hold more than one type of license for the same licensed premises or adjacent licensed
2472 premises, if:
2473 [
2474 [
2475 (b) Notwithstanding Subsection (1), the commission may issue an off-premise beer
2476 retailer state license to a hotel or resort.
2477 Section 28. Section 32B-8-401 is amended to read:
2478 32B-8-401. Specific operational requirements for resort license.
2479 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2480 Requirements, a resort licensee, staff of the resort licensee, and a sublicensee or a person
2481 otherwise operating under a sublicense shall comply with this section.
2482 (b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a)
2483 may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and
2484 Enforcement Act, against:
2485 (i) the resort licensee;
2486 (ii) individual staff of the resort licensee;
2487 (iii) a sublicensee or person otherwise operating under a sublicense of the resort
2488 licensee;
2489 (iv) individual staff of a sublicensee or person otherwise operating under a sublicense
2490 of the resort licensee; or
2491 (v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
2492 (2) (a) A resort licensee may not sell, offer for sale, or furnish an alcoholic product
2493 except:
2494 (i) on sublicensed premises;
2495 (ii) pursuant to a permit issued under this title; [
2496 (iii) under a package agency agreement with the department, subject to Chapter 2, Part
2497 6, Package Agency[
2498 (iv) through room service.
2499 (b) A resort licensee who sells, offers for sale, or furnishes an alcoholic product as
2500 provided in Subsection (2)(a), shall sell, offer for sale, or furnish the alcoholic product:
2501 (i) if on a sublicense premises, in accordance with the operational requirements
2502 described in Section 32B-8d-104;
2503 (ii) if under a permit issued under this title, in accordance with the operational
2504 requirements under the provisions applicable to the permit; [
2505 (iii) if as a package agency, in accordance with the contract with the department and
2506 Chapter 2, Part 6, Package Agency[
2507 (iv) if through room service, in accordance with Subsection (5).
2508 (3) A resort licensee shall operate in a manner so that at least 70% of the annual
2509 aggregate of the gross receipts related to the sale of food or beverages for the resort license and
2510 each of the resort licensee's sublicenses is from the sale of food, not including:
2511 (a) mix for an alcoholic product; and
2512 (b) a charge in connection with the service of an alcoholic product.
2513 (4) (a) A resort licensee shall supervise and direct a person involved in the sale, offer
2514 for sale, or furnishing of an alcoholic product under a resort license.
2515 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
2516 under a resort license shall complete the alcohol training and education seminar.
2517 (5) (a) Room service of an alcoholic product to a lodging accommodation of a resort
2518 licensee shall be provided in person by staff of the resort licensee only to an adult occupant in
2519 the lodging accommodation.
2520 (b) An alcoholic product may not be left outside a lodging accommodation for retrieval
2521 by an occupant.
2522 Section 29. Section 32B-8b-102 is amended to read:
2523 32B-8b-102. Definitions.
2524 As used in this chapter:
2525 (1) "Boundary of a hotel" means the physical boundary of one or more contiguous
2526 parcels of real property owned or managed by the same person and on which a hotel is located.
2527 (2) "Hotel" means one or more buildings that:
2528 (a) comprise a hotel, as defined by the commission;
2529 (b) are owned or managed by the same person or by a person who has a majority
2530 interest in or can direct or exercise control over the management or policy of the person who
2531 owns or manages any other building under the hotel license within the boundary of the hotel;
2532 (c) primarily operate to provide lodging accommodations;
2533 [
2534
2535 [
2536 the boundary of the hotel meeting the requirements of this title;
2537 [
2538 the requirements of this title; and
2539 [
2540 compensation.
2541 Section 30. Section 32B-8b-301 is amended to read:
2542 32B-8b-301. Specific operational requirements for hotel license.
2543 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2544 Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person
2545 otherwise operating under a sublicense shall comply with this section.
2546 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2547 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2548 (i) the hotel licensee;
2549 (ii) individual staff of the hotel licensee;
2550 (iii) a sublicensee or person otherwise operating under a sublicense of the hotel
2551 licensee;
2552 (iv) individual staff of a sublicensee or person otherwise operating under a sublicense
2553 of the hotel licensee; or
2554 (v) any combination of the persons listed in this Subsection (1)(b).
2555 (2) (a) A hotel licensee may not sell, offer for sale, or furnish an alcoholic product
2556 except:
2557 (i) on sublicensed premises;
2558 (ii) pursuant to a permit issued under this title; [
2559 (iii) under a package agency agreement with the department, subject to Chapter 2, Part
2560 6, Package Agency[
2561 (iv) through room service.
2562 (b) A hotel licensee who sells, offers for sale, or furnishes an alcoholic product as
2563 provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product:
2564 (i) if on sublicensed premises, in accordance with the operational requirements
2565 described in Section 32B-8d-104;
2566 (ii) if under a permit issued under this title, in accordance with the operational
2567 requirements under the provisions applicable to the permit; [
2568 (iii) if as a package agency, in accordance with the contract with the department and
2569 Chapter 2, Part 6, Package Agency[
2570 (iv) if through room service, in accordance with Subsection (4).
2571 (c) Notwithstanding the other provisions of this Subsection (2) and except as provided
2572 in Section 32B-8d-104, a hotel licensee may not permit a patron to carry an alcoholic product
2573 off the premises of a sublicense in violation of Section 32B-5-307 or off an area designated
2574 under a permit.
2575 (3) A hotel licensee shall supervise and direct a person involved in the sale, offer for
2576 sale, or furnishing of an alcoholic product under a hotel license.
2577 (4) (a) Room service of an alcoholic product to a lodging accommodation of a hotel
2578 licensee shall be provided in person by staff of the hotel licensee only to an adult occupant in
2579 the lodging accommodation.
2580 (b) An alcoholic product may not be left outside a lodging accommodation for retrieval
2581 by an occupant.
2582 (5) A hotel licensee shall operate in a manner so that at least 70% of the annual
2583 aggregate of the gross receipts related to the sale of food or beverages for the hotel license and
2584 each of the hotel license's sublicenses is from the sale of food, not including:
2585 (a) mix for an alcoholic product; and
2586 (b) a charge in connection with the service of an alcoholic product.
2587 Section 31. Section 32B-8d-103 is amended to read:
2588 32B-8d-103. Commission's power to issue a sublicense.
2589 (1) Before a person as a sublicensee may store, sell, offer for sale, furnish, or allow the
2590 consumption of an alcoholic product on sublicensed premises, the person shall first obtain a
2591 sublicense from the commission in accordance with:
2592 (a) this chapter;
2593 (b) Chapter 8, Resort License Act;
2594 (c) Chapter 8b, Hotel License Act; and
2595 (d) Chapter 8c, Arena License Act.
2596 (2) (a) The commission may issue to a person a sublicense to allow the storage, sale,
2597 offering for sale, furnishing, or consumption of an alcoholic product on the premises of the
2598 sublicense, if the person is:
2599 (i) a principal licensee; or
2600 (ii) a person seeking a principal license, contingent on the issuance of the principal
2601 license.
2602 (b) The commission may not:
2603 (i) issue a sublicense that is separate from a principal license; or
2604 (ii) issue a single sublicense that covers more than one outlet in or on the boundaries of
2605 the principal licensee.
2606 (3) [
2607 number of licenses the commission has issued for each type of retail license, the commission
2608 may not include a sublicense as one of the retail licenses issued under the provisions applicable
2609 to that sublicense.
2610 [
2611
2612
2613
2614 (4) If a principal licensee seeks to add a sublicense after the commission issues the
2615 person's principal license, the principal licensee shall file with the department:
2616 (a) a nonrefundable $300 application fee;
2617 (b) an initial license fee of $2,250, which the commission shall refund if the
2618 commission does not issue the proposed sublicense;
2619 (c) written consent of the local authority;
2620 (d) a copy of:
2621 (i) the principal licensee's current business; and
2622 (ii) the proposed sublicensee's current business license, if the relevant political
2623 subdivision determines that the proposed sublicensee's business license is separate from the
2624 principal licensee's business license;
2625 (e) evidence that the proposed sublicensed premises is entirely within the boundary of
2626 the principal license;
2627 (f) a description, floor plan, and boundary map of the proposed sublicensed premises
2628 designating:
2629 (i) each location at which the principal licensee proposes that an alcoholic product be
2630 stored; and
2631 (ii) each location from which the principal licensee proposes that an alcoholic product
2632 be sold, furnished, or consumed;
2633 (g) evidence that the principal licensee carries:
2634 (i) public liability insurance in an amount and form satisfactory to the department; and
2635 (ii) dramshop insurance coverage in the amount required by Section 32B-5-201 that
2636 covers the proposed sublicense;
2637 (h) a signed consent form stating that the principal licensee will permit any authorized
2638 representative of the commission or department, or any law enforcement officer, to have an
2639 unrestricted right to enter the proposed sublicensed premises;
2640 (i) if the principal licensee is an entity, proper verification evidencing that a person
2641 who signs the application is authorized to sign on behalf of the entity; and
2642 (j) any other information the commission or department may require.
2643 Section 32. Section 32B-8d-205 is amended to read:
2644 32B-8d-205. Specific operational requirements for a spa sublicense.
2645 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2646 Requirements, a resort licensee, staff of the resort licensee, a hotel licensee, and staff of the
2647 hotel licensee, shall comply with this section.
2648 (b) A spa sublicensee or a person otherwise operating under a spa sublicense and staff
2649 of a spa sublicensee or a person otherwise operating under a spa sublicense shall comply with:
2650 (i) Chapter 5, Part 3, Retail Licensee Operational Requirements as if the spa
2651 sublicensee is a retail licensee, unless a provision conflicts with this chapter; and
2652 (ii) this chapter.
2653 (c) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a)
2654 may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and
2655 Enforcement Act, against:
2656 (i) a resort licensee;
2657 (ii) staff of a resort licensee;
2658 (iii) a hotel licensee;
2659 (iv) staff of a hotel licensee;
2660 (v) a spa sublicensee or person otherwise operating under a spa sublicense;
2661 (vi) individual staff of a spa sublicensee or person otherwise operating under a spa
2662 sublicense; or
2663 (vii) any combination of the persons listed in Subsections (1)(c)(i) through (vi).
2664 (2) (a) For purposes of the spa sublicense, the corresponding resort licensee or hotel
2665 licensee shall ensure that a record is maintained or used for the spa sublicense:
2666 (i) as the department requires; and
2667 (ii) for a minimum period of three years.
2668 (b) A spa sublicensee record is subject to inspection by an authorized representative of
2669 the commission and the department.
2670 (c) A resort licensee or a hotel licensee shall allow the department, through a
2671 compliance officer of the department, to audit the records for a spa sublicense at the times the
2672 department considers advisable.
2673 (d) The department shall audit the records for a spa sublicense at least once annually.
2674 (e) Section 32B-1-205 applies to a record required to be made, maintained, or used in
2675 accordance with this Subsection (2).
2676 (3) (a) A spa sublicensee or person operating under a spa sublicense may not sell, offer
2677 for sale, or furnish liquor at a spa during a period that:
2678 (i) begins at 1 a.m.; and
2679 (ii) ends at 9:59 a.m.
2680 (b) A spa sublicensee or person operating under a spa sublicense may sell, offer for
2681 sale, or furnish beer during the hours specified in Chapter 6, Part 7, On-Premise Beer Retailer
2682 License, for an on-premise beer retailer.
2683 (c) (i) Notwithstanding Subsections (3)(a) and (b), a spa shall remain open for one hour
2684 after the spa ceases the sale and furnishing of an alcoholic product during which time a person
2685 at the spa may finish consuming:
2686 (A) a single drink containing spirituous liquor;
2687 (B) except as provided in Subsection (3)(c)(i)(C), a single serving of wine not
2688 exceeding five ounces;
2689 (C) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed
2690 container and contains no more than 5% of alcohol by volume;
2691 [
2692 [
2693 [
2694 (ii) A spa is not required to remain open:
2695 (A) after all individuals have vacated the spa sublicensee's sublicensed premises; or
2696 (B) during an emergency.
2697 (4) (a) A minor may not be admitted into, use, or be on the sublicensed premises of a
2698 spa sublicense unless accompanied by an individual 21 years old or older.
2699 (b) A minor permitted under Subsection (4)(a) to be admitted into, use, or be on the
2700 sublicensed premises of a spa sublicense:
2701 (i) may only be admitted into or be on a lounge or bar area of the spa sublicensee's
2702 sublicensed premises momentarily while en route to another area of the spa; and
2703 (ii) may not remain or sit in the lounge or bar area of the spa sublicensee's sublicensed
2704 premises.
2705 (5) A spa sublicensee shall have food available at all times when an alcoholic product
2706 is sold, offered for sale, furnished, or consumed on the spa sublicensee's sublicensed premises.
2707 (6) (a) Subject to the other provisions of this Subsection (6), a patron may not have
2708 more than two alcoholic products of any kind at a time before the patron.
2709 (b) A spa patron may not have two spirituous liquor drinks before the spa patron if one
2710 of the spirituous liquor drinks consists only of the primary spirituous liquor for the other
2711 spirituous liquor drink.
2712 (c) An individual portion of wine is considered to be one alcoholic product under this
2713 Subsection (6).
2714 (7) (a) An alcoholic product may only be consumed at a table or counter.
2715 (b) An alcoholic product may not be served to or consumed by a patron at a dispensing
2716 structure.
2717 (8) (a) A spa sublicensee or person operating under a spa sublicense shall have
2718 available on the spa sublicense's sublicensed premises for a patron to review at the time that the
2719 patron requests it, a written alcoholic product price list or a menu containing the price of an
2720 alcoholic product sold or furnished by the spa sublicensee including:
2721 (i) a set-up charge;
2722 (ii) a service charge; or
2723 (iii) a chilling fee.
2724 (b) A charge or fee made in connection with the sale, service, or consumption of liquor
2725 may be stated in food or alcoholic product menus including:
2726 (i) a set-up charge;
2727 (ii) a service charge; or
2728 (iii) a chilling fee.
2729 (9) (a) A resort licensee or hotel licensee shall own or lease premises suitable for the
2730 spa sublicense's activities.
2731 (b) A resort licensee or hotel licensee may not maintain premises in a manner that
2732 barricades or conceals the spa sublicense's operation.
2733 (10) Subject to the other provisions of this section, a spa sublicensee or person
2734 operating under a spa sublicense may not sell an alcoholic product to or allow an individual to
2735 be admitted to or use the spa sublicensee's sublicensed premises other than:
2736 (a) a resident; or
2737 (b) a customer.
2738 Section 33. Section 32B-9-202 is amended to read:
2739 32B-9-202. Duties before issuing event permit.
2740 (1) (a) Before the director may issue an event permit, the department shall conduct an
2741 investigation and may hold public hearings to gather information and make recommendations
2742 to the director as to whether the director should issue an event permit.
2743 (b) The department shall [
2744 described in Subsection (1)(a) to the director [
2745
2746 (2) Before issuing an event permit, the director shall:
2747 (a) determine that the person filed a complete application and is in compliance with:
2748 (i) Section 32B-9-201; and
2749 (ii) the relevant part under this chapter for the type of event permit for which the
2750 person is applying;
2751 (b) determine that the person is not disqualified under Section 32B-1-304;
2752 (c) consider the purpose of the organization or its local lodge, chapter, or other local
2753 unit;
2754 (d) consider the times, dates, location, estimated attendance, nature, and purpose of the
2755 event;
2756 (e) to minimize the risk of minors being sold or furnished alcohol or adults being
2757 overserved alcohol at the event, determine that adequate and appropriate control measures and
2758 adequate and appropriate enforcement measures are in place at the event to assure that minors
2759 will not be sold or furnished alcohol and that adults will not be overserved, except that
2760 adequate and appropriate control and enforcement measures may be different for small, large,
2761 indoor, or outdoor events;
2762 (f) determine that the event permit is not being sought by the person as a means to
2763 circumvent other applicable requirements of this title, notwithstanding that the applicant may
2764 hold one or more licenses issued under this title;
2765 (g) consider, for the period of three years before the date of the event, the violation
2766 history of:
2767 (i) the applicant; and
2768 (ii) the venue where the event will be held;
2769 (h) provide the information and recommendations described in Subsection (1) to, and
2770 obtain the approval of, the Compliance, Licensing, and Enforcement Subcommittee [
2771
2772 (i) notify each commissioner [
2773 event permit in accordance with Subsection (3); and
2774 (j) consider any other factor the director considers necessary.
2775 (3) (a) [
2776 [
2777 issuance of an event permit three business days before the day on which the decision is to be
2778 final.
2779 (b) The preliminary decision becomes a final decision of the director unless:
2780 (i) [
2781 is received at least three of the commissioners request a meeting to discuss whether the event
2782 permit should be issued; or
2783 (ii) the director modifies or revokes the preliminary decision to issue or deny issuance
2784 of the event permit.
2785 (c) If three or more of the commissioners request a meeting[
2786 (i) the applicant for the event permit shall be notified; and
2787 (ii) the commission shall:
2788 [
2789 next regularly scheduled meeting of the commission; and
2790 [
2791 chapter or [
2792 requirements of this chapter.
2793 (d) The commission may waive the three business day notice period described in
2794 Subsection (3)(a) on behalf of a commissioner.
2795 [
2796 director may at any time refer an application for an event permit directly to the commission for
2797 a determination as to whether an event permit should be issued or denied.
2798 [
2799 treated the same as an event permit issued by the director.
2800 (f) If the commission finds that an event permit was improperly issued or that the
2801 permittee has violated this chapter, the commission may take any action permitted under this
2802 title.
2803 (4) Once the director issues an event permit, the department shall send a copy of the
2804 approved application and the event permit by written or electronic means to the state and local
2805 law enforcement authorities at least three days before the event.
2806 (5) The director shall provide the commission a monthly report of the actions taken by
2807 the director under this part.
2808 (6) If authorized by the director, the deputy director may act on behalf of the director
2809 for purposes of issuing an event permit under this chapter.
2810 Section 34. Section 32B-11-209 is amended to read:
2811 32B-11-209. Notifying department of change in ownership.
2812 The commission may suspend [
2813 the manufacturing licensee does not immediately notify the department of a change in:
2814 (1) ownership of the manufacturing licensee;
2815 (2) for a corporate owner, the:
2816 (a) corporate officers or directors; or
2817 (b) shareholders holding at least 20% of the total issued and outstanding stock of the
2818 corporation; or
2819 (3) for a limited liability company:
2820 (a) managers; or
2821 (b) members owning at least 20% of the limited liability company.
2822 Section 35. Section 32B-11-210 is amended to read:
2823 32B-11-210. Tasting provided by manufacturing licensee.
2824 (1) As used in this section:
2825 (a) "Parcel" means the same identifiable contiguous unit of property that is treated as
2826 separate for valuation or zoning purposes and includes an improvement on that unit of
2827 property.
2828 (b) "Taste" means an amount of an alcoholic product provided by a manufacturing
2829 licensee for consumption under this section.
2830 (2) A manufacturing licensee may provide for a tasting in accordance with this section.
2831 (3) Before conducting a tasting, the manufacturing licensee shall provide the
2832 department:
2833 (a) evidence of proximity to any community location, with proximity requirements
2834 being governed by Section 32B-1-202 as if the manufacturing licensee were a retail licensee;
2835 (b) a floor plan, and boundary map where applicable, of the premises of the
2836 manufacturing licensee, including any:
2837 (i) consumption area; and
2838 (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic
2839 product to be tasted;
2840 (c) evidence that the manufacturing licensee is carrying public liability insurance in an
2841 amount and form satisfactory to the department;
2842 (d) evidence that the manufacturing licensee is carrying dramshop insurance coverage
2843 in an amount and form satisfactory to the department; and
2844 (e) any other information the commission or department may require.
2845 (4) A manufacturing licensee may not sell, offer for sale, or furnish a taste on any day
2846 during the period that:
2847 (a) begins at midnight; and
2848 (b) ends at 10:59 a.m.
2849 (5) A person who serves a taste on behalf of the manufacturing licensee shall complete
2850 an alcohol training and education seminar as if the person were employed by a retail licensee.
2851 (6) (a) A manufacturing licensee shall establish a distinct area for consumption of a
2852 taste outside the view of minors on the licensed premises and in which minors are not allowed
2853 during the time period when tasting occurs.
2854 (b) The distinct area for consumption for a taste established under this Subsection (6)
2855 shall be in the same building as where the manufacturing licensee produces alcoholic product,
2856 in a building on the same parcel as the building where the manufacturing licensee produces
2857 alcoholic product, or in a patio or similar area immediately adjacent to a building described in
2858 this Subsection (6)(b).
2859 (7) (a) A manufacturing licensee shall have substantial food available that is served on
2860 the licensed premises to an individual consuming a taste.
2861 (b) The commission may define what constitutes "substantial food" by rule made in
2862 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except that the
2863 rule may not require culinary facilities for food preparation that are equivalent to a restaurant or
2864 dining club.
2865 (8) A manufacturing licensee shall charge an individual for a taste and may not sell,
2866 offer for sale, or furnish a taste at less than the cost of the taste to a retail licensee.
2867 (9) (a) A manufacturing licensee may provide a taste in more than one container except
2868 that the aggregate total of the taste in all of the containers may not exceed:
2869 (i) [
2870 (A) except as provided in Subsection (9)(a)(i)(B), five ounces of wine; or
2871 (B) 16 ounces of hard cider that is furnished in a sealed container and contains no more
2872 than 5% of alcohol by volume;
2873 (ii) for a distillery manufacturing licensee, 2.5 ounces of spirituous liquor [
2874
2875 (iii) for a brewery manufacturing licensee, 16 ounces of beer, heavy beer, or flavored
2876 malt beverages [
2877 (b) A manufacturing licensee may not allow an individual to participate in more than
2878 one tasting within a calendar day.
2879 (10) A manufacturing licensee may provide a taste of alcoholic product that is:
2880 (a) manufactured by the manufacturing licensee; and
2881 (b) purchased by the manufacturing licensee from:
2882 (i) a state store or package agency; or
2883 (ii) for beer, the off-premise retail licensee described in Subsection 32B-11-503(4)(c).
2884 (11) (a) A manufacturing licensee shall display in a prominent place in the location
2885 where tastes are consumed a sign in large letters that consists of text in the following order:
2886 (i) a header that reads: "WARNING";
2887 (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
2888 can cause birth defects and permanent brain damage for the child.";
2889 (iii) a statement in smaller font that reads: "Call the Utah Department of Health and
2890 Human Services at [insert most current toll-free number] with questions or for more
2891 information.";
2892 (iv) a header that reads: "WARNING"; and
2893 (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
2894 serious crime that is prosecuted aggressively in Utah."
2895 (b) (i) The text described in Subsections (11)(a)(i) through (iii) shall be in a different
2896 font style than the text described in Subsections (11)(a)(iv) and (v).
2897 (ii) The warning statements in the sign described in Subsection (11)(a) shall be in the
2898 same font size.
2899 (c) The Department of Health and Human Services shall work with the commission
2900 and department to facilitate consistency in the format of a sign required under this Subsection
2901 (11).
2902 (12) A manufacturing licensee shall provide educational information as defined by rule
2903 by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2904 Act, as part of the tasting.
2905 (13) A manufacturing licensee that conducts tastings under a scientific or educational
2906 use permit issued by the commission as of May 10, 2016, shall comply with this section by no
2907 later than December 31, 2016, in conducting a tasting. In accordance with Subsection
2908 32B-10-206(1)(c), effective no later than January 1, 2017, the commission shall take action on
2909 a scientific or educational use permit used by a manufacturing licensee to conduct tastings.
2910 Section 36. Section 32B-11-609 is amended to read:
2911 32B-11-609. Notifying department of change in ownership.
2912 The commission may suspend [
2913 representative license if a local industry representative licensee does not [
2914 the department, within 60 days after the day on which the change occurs, of a change in:
2915 (1) ownership of the business;
2916 (2) for a corporate owner, the:
2917 (a) corporate officers or directors; or
2918 (b) shareholders holding at least 20% of the total issued and outstanding stock of the
2919 corporation; or
2920 (3) for a limited liability company:
2921 (a) managers; or
2922 (b) members owning at least 20% of the limited liability company.
2923 Section 37. Section 32B-12-302 is amended to read:
2924 32B-12-302. Notifying the department of change in ownership.
2925 The commission may suspend [
2926 license if a liquor warehouser licensee does not [
2927 days after the day on which the change occurs, of a change in:
2928 (1) ownership of the liquor warehouser licensee;
2929 (2) for a corporate owner, the:
2930 (a) corporate officers or directors; or
2931 (b) shareholders holding at least 20% of the total issued and outstanding stock of the
2932 corporation; or
2933 (3) for a limited liability company:
2934 (a) managers; or
2935 (b) members owning at least 20% of the limited liability company.
2936 Section 38. Section 32B-17-102 is amended to read:
2937 32B-17-102. Definitions.
2938 As used in this chapter:
2939 (1) "Airport licensee" means a person who holds a valid:
2940 (a) retail license for premises located at an international airport or domestic airport; or
2941 (b) special use permit for premises located at an international airport or domestic
2942 airport.
2943 (2) "Central receiving and distribution center" means a facility that:
2944 (a) operates at an international airport or domestic airport;
2945 (b) receives goods and supplies delivered to the international airport or domestic
2946 airport for an airport licensee;
2947 (c) screens the goods and supplies described in Subsection (2)(b) for security purposes;
2948 and
2949 (d) distributes the goods and supplies described in Subsection (2)(b) to the airport
2950 licensee for whom the goods and supplies were delivered.
2951 Section 39. Section 32B-18-204 is amended to read:
2952 32B-18-204. Notifying department of change in ownership.
2953 The commission may suspend [
2954 alcohol licensee does not notify the department, within 60 days after the day on which the
2955 change occurs, of a change in:
2956 (1) ownership of the business entity holding the alcohol license;
2957 (2) for a corporate owner, the:
2958 (a) corporate officers or directors of the alcohol licensee; or
2959 (b) shareholders holding at least 20% of the total issued and outstanding stock of the
2960 corporation; or
2961 (3) for a limited liability company:
2962 (a) managers of the limited liability company; or
2963 (b) members owning at least 20% of the limited liability company.
2964 Section 40. Section 32B-18-205 is amended to read:
2965 32B-18-205. Management agreements -- Inventory transfers.
2966 (1) (a) A management agreement may provide for the sharing of revenue from a
2967 business utilizing an alcohol license, including revenue from the sale of an alcoholic product,
2968 if, regardless of which party holds the alcohol license, [
2969
2970 is disqualified from holding the license for a previous violation of this title.
2971 (b) The parties to a management agreement shall submit to the department:
2972 (i) a copy of the management agreement; and
2973 (ii) any other information the department requires.
2974 (c) If there is a material change to the management agreement submitted to the
2975 department under Subsection (1)(b), the parties to the management agreement shall submit to
2976 the department the following within 30 days after the day on which the change occurs:
2977 (i) a copy of the changed management agreement; and
2978 (ii) any other information the department requires.
2979 (2) (a) Notwithstanding any other provision of this title, in connection with a change of
2980 ownership described in Section 32B-18-202 or an asset sale of an alcohol licensee, the parties
2981 to the transaction may enter into an inventory transfer agreement.
2982 (b) The inventory transfer agreement described in Subsection (2)(a) may allow for the
2983 transfer of inventory between parties regardless of whether the parties hold or are applying for
2984 the same retail license.
2985 (3) In accordance with this section and Title 63G, Chapter 3, Utah Administrative
2986 Rulemaking Act, the commission may make rules governing the requirements of:
2987 (a) a management agreement; or
2988 (b) an inventory transfer agreement.
2989 Section 41. Section 62A-15-401 is amended to read:
2990 62A-15-401. Alcohol training and education seminar.
2991 (1) As used in this [
2992 (a) "Instructor" means a person that directly provides the instruction during an alcohol
2993 training and education seminar for a seminar provider.
2994 (b) "Licensee" means a person who is:
2995 (i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
2996 and
2997 (B) engaged in the retail sale of an alcoholic product for consumption on the premises
2998 of the licensee; or
2999 (ii) a business that is:
3000 (A) a new or renewing licensee licensed by a city, town, or county; and
3001 (B) engaged in the retail sale of beer for consumption off the premises of the licensee.
3002 (c) "Licensee staff" means a retail manager, retail staff, an off-premise retail manager,
3003 or off-premise retail staff.
3004 [
3005 (e) "Off-premise retail manager" means the same as that term is defined in Section
3006 32B-1-701.
3007 (f) "Off-premise retail staff" means the same as that term is defined in Section
3008 32B-1-701.
3009 (g) "Retail manager" means the same as that term is defined in Section 32B-1-701.
3010 (h) "Retail staff" means the same as that term is defined in Section 32B-1-701.
3011 [
3012 alcohol training and education seminar meeting the requirements of this section.
3013 (2) (a) This section applies to[
3014 [
3015 [
3016 [
3017 [
3018
3019 [
3020
3021 (b) [
3022 completed an alcohol training and education seminar[
3023
3024 (i) complete an alcohol training and education seminar before the day on which the
3025 individual begins work as licensee staff of a licensee; and
3026 [
3027
3028 [
3029 [
3030
3031 [
3032
3033
3034 [
3035
3036
3037 (ii) pay a fee[
3038 [
3039 [
3040 (c) An individual shall have a valid record that the individual completed an alcohol
3041 training and education seminar within the time period provided in this Subsection (2) to
3042 [
3043 (d) A record that [
3044 education seminar is valid for[
3045 [
3046
3047 [
3048
3049 (e) [
3050 training and education seminar, an individual shall:
3051 (i) attend the alcohol training and education seminar and take any test required to
3052 demonstrate completion of the alcohol training and education seminar in the physical presence
3053 of an instructor of the seminar provider; or
3054 (ii) complete the alcohol training and education seminar and take any test required to
3055 demonstrate completion of the alcohol training and education seminar through an online course
3056 or testing program that meets the requirements described in Subsection (2)(f).
3057 (f) (i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
3058 Administrative Rulemaking Act, establish one or more requirements for an online course or
3059 testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
3060 the online course or testing program.
3061 (ii) In developing the requirements by rule, the division shall consider whether to
3062 require:
3063 [
3064 taking the online course or test;
3065 [
3066 focused on training material throughout the entire training period;
3067 [
3068 test is actively engaged online;
3069 [
3070 telephone number, email, or other method of communication that allows an individual taking
3071 the online course or test to receive assistance if the individual is unable to participate online
3072 because of technical difficulties;
3073 [
3074 maximum time limits to take a test;
3075 [
3076 online course or test, such as requiring a distinct online certificate with information printed on
3077 the certificate that identifies the person taking the online course or test, or requiring measures
3078 to inhibit duplication of a certificate;
3079 [
3080 [
3081 an evaluation of the online course or test;
3082 [
3083 location of an individual who takes an online course or test;
3084 [
3085 [
3086 that the certificate does not accurately reflect the individual who took the online course or test.
3087 (3) (a) A licensee may not permit an individual who is not in compliance with
3088 Subsection (2) to:
3089 (i) serve or supervise the serving of an alcoholic product to a customer for
3090 consumption on the premises of the licensee;
3091 (ii) engage in any activity that would constitute managing operations at the premises of
3092 a licensee that engages in the retail sale of an alcoholic product for consumption on the
3093 premises of the licensee;
3094 (iii) directly supervise the sale of beer to a customer for consumption off the premises
3095 of an off-premise beer retailer; or
3096 (iv) sell beer to a customer for consumption off the premises of an off-premise beer
3097 retailer.
3098 (b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
3099 (4) The division shall:
3100 (a) (i) provide alcohol training and education seminars; or
3101 (ii) certify one or more seminar providers;
3102 (b) establish the curriculum for an alcohol training and education seminar that includes
3103 the following subjects:
3104 (i) (A) alcohol as a drug; and
3105 (B) alcohol's effect on the body and behavior;
3106 (ii) recognizing the problem drinker or signs of intoxication;
3107 (iii) an overview of state alcohol laws related to responsible beverage sale or service,
3108 as determined in consultation with the Department of Alcoholic Beverage Services;
3109 (iv) dealing with the problem customer, including ways to terminate sale or service;
3110 and
3111 (v) for those supervising or engaging in the retail sale of an alcoholic product for
3112 consumption on the premises of a licensee, alternative means of transportation to get the
3113 customer safely home;
3114 (c) recertify each seminar provider every three years;
3115 (d) monitor compliance with the curriculum described in Subsection (4)(b);
3116 (e) maintain for at least five years a record of every person who has completed an
3117 alcohol training and education seminar;
3118 (f) provide the information described in Subsection (4)(e) on request to:
3119 (i) the Department of Alcoholic Beverage Services;
3120 (ii) law enforcement; or
3121 (iii) a person licensed by the state or a local government to sell an alcoholic product;
3122 (g) provide the Department of Alcoholic Beverage Services on request a list of any
3123 seminar provider certified by the division; and
3124 (h) establish a fee amount for each person attending an alcohol training and education
3125 seminar that is sufficient to offset the division's cost of administering this section.
3126 (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
3127 Administrative Rulemaking Act:
3128 [
3129 [
3130
3131 [
3132
3133 [
3134
3135 [
3136
3137 [
3138
3139 [
3140 [
3141 education and training seminar.
3142 (6) A seminar provider shall:
3143 (a) obtain recertification by the division every three years;
3144 (b) ensure that an instructor used by the seminar provider:
3145 (i) follows the curriculum established under this section; and
3146 (ii) conducts an alcohol training and education seminar in accordance with the
3147 guidelines established by rule;
3148 (c) ensure that any information provided by the seminar provider or instructor of a
3149 seminar provider is consistent with:
3150 (i) the curriculum established under this section; and
3151 (ii) this section;
3152 (d) provide the division with the names of all persons who complete an alcohol training
3153 and education seminar provided by the seminar provider;
3154 (e) (i) collect a fee for each person attending an alcohol training and education seminar
3155 in accordance with Subsection (2); and
3156 (ii) forward to the division the portion of the fee that is equal to the amount described
3157 in Subsection (4)(h); and
3158 (f) issue a record to an individual that completes an alcohol training and education
3159 seminar provided by the seminar provider.
3160 (7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
3161 Administrative Procedures Act, the division finds that a seminar provider violates this section
3162 or that an instructor of the seminar provider violates this section, the division may:
3163 (i) suspend the certification of the seminar provider for a period not to exceed 90 days
3164 after the day on which the suspension begins;
3165 (ii) revoke the certification of the seminar provider;
3166 (iii) require the seminar provider to take corrective action regarding an instructor; or
3167 (iv) prohibit the seminar provider from using an instructor until such time that the
3168 seminar provider establishes to the satisfaction of the division that the instructor is in
3169 compliance with Subsection (6)(b).
3170 (b) The division may certify a seminar provider whose certification is revoked:
3171 (i) no sooner than 90 days [
3172 revoked; and
3173 (ii) if the seminar provider establishes to the satisfaction of the division that the
3174 seminar provider will comply with this section.