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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to alcohol.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the director of the Department of Alcoholic Beverage Services to form a
13 workgroup to make recommendations related to:
14 • alcohol training and education for licensees; and
15 • recordkeeping for certain cash transactions involving the sale of an alcoholic
16 beverage;
17 ▸ authorizes the department to establish a round up program, under which a state store
18 customer could elect to round up the customer's purchase to the nearest dollar to
19 help fund substance use disorder treatment services;
20 ▸ increases the state markup on spirituous liquor, wine, and flavored malt beverages;
21 ▸ clarifies the markup on spirituous liquor, wine, heavy beer, and flavored malt
22 beverages sold by a package agency located at a manufacturing facility;
23 ▸ increases the tax on beer and uses the additional revenue to fund three new
24 alcohol-related law enforcement officers who are dedicated to compliance;
25 ▸ prohibits a state store or off-premise beer retailer from selling liquor or beer that is
26 intended to be frozen and consumed in a manner other than as a beverage;
27 ▸ prohibits a state store or package agency from selling liquor that contains more than
28 80% alcohol by volume;
29 ▸ requires the department to initiate disciplinary proceedings under certain
30 circumstances;
31 ▸ prohibits a person from selling in the state vaporized alcohol;
32 ▸ requires the commission to issue any available retail license, including through a
33 conditional retail license, if an applicant satisfies the requirements for the retail
34 license;
35 ▸ allows a retail licensee to sell, offer for sale, or furnish spirituous liquor in a
36 pre-mixed beverage, if the beverage is in the original, sealed container and satisfies
37 other requirements, including requirements related to volume, alcohol content, and
38 labeling;
39 ▸ increases the number of full-service restaurant and bar establishment licenses the
40 commission is authorized to issue;
41 ▸ requires the department to prorate the initial licensing fee for retail licenses;
42 ▸ decreases the required capacity of a sports facility or concert venue to qualify as a
43 recreational amenity for purposes of an on-premise beer retailer license;
44 ▸ provides that a patron in a hotel with a hotel license or resort license may carry an
45 alcoholic beverage between specified locations within the hotel, provided the patron
46 travels within a designated conveyance area and the alcoholic beverage is in an
47 approved container;
48 ▸ allows an entity that is not an airline to obtain a public service permit for the
49 purpose of operating a hospitality room at an international airport;
50 ▸ modifies the required showing for prima facie evidence of dram shop liability;
51 ▸ allows an individual to obtain a DUI investigative report if the individual suffered
52 loss or injury as a result of the defendant's actions;
53 ▸ establishes a place of last drink program, operated by the Department of Public
54 Safety;
55 ▸ clarifies that the beer tax applies to beer and heavy beer;
56 ▸ repeals the Alcoholic Beverage Services Advisory Board; and
57 ▸ makes technical and conforming changes.
58 Money Appropriated in this Bill:
59 None
60 Other Special Clauses:
61 None
62 Utah Code Sections Affected:
63 AMENDS:
64 32B-1-304, as last amended by Laws of Utah 2023, Chapter 371
65 32B-2-205, as last amended by Laws of Utah 2022, Chapter 447
66 32B-2-304, as last amended by Laws of Utah 2022, Chapter 447
67 32B-2-305, as last amended by Laws of Utah 2023, Chapter 396
68 32B-2-503, as last amended by Laws of Utah 2011, Chapters 307, 334
69 32B-2-605, as last amended by Laws of Utah 2022, Chapter 447
70 32B-3-203, as last amended by Laws of Utah 2012, Chapter 369
71 32B-4-422, as last amended by Laws of Utah 2020, Chapter 219
72 32B-4-424, as enacted by Laws of Utah 2015, Chapter 54
73 32B-4-501, as last amended by Laws of Utah 2017, Chapter 455
74 32B-5-201, as last amended by Laws of Utah 2022, Chapter 447
75 32B-5-304, as last amended by Laws of Utah 2023, Chapter 371
76 32B-6-203, as last amended by Laws of Utah 2023, Chapter 371
77 32B-6-204, as last amended by Laws of Utah 2017, Chapter 455
78 32B-6-206, as last amended by Laws of Utah 2023, Chapter 371
79 32B-6-302, as last amended by Laws of Utah 2018, Chapters 249, 313
80 32B-6-304, as last amended by Laws of Utah 2016, Chapter 82
81 32B-6-306, as enacted by Laws of Utah 2013, Chapter 349
82 32B-6-403, as last amended by Laws of Utah 2023, Chapter 371
83 32B-6-405, as last amended by Laws of Utah 2017, Chapter 455
84 32B-6-504, as last amended by Laws of Utah 2011, Chapter 334
85 32B-6-604, as last amended by Laws of Utah 2011, Chapter 334
86 32B-6-605, as last amended by Laws of Utah 2023, Chapters 371, 400
87 32B-6-702, as last amended by Laws of Utah 2021, Chapter 280
88 32B-6-705, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
89 32B-6-804, as enacted by Laws of Utah 2011, Chapter 334
90 32B-6-902, as last amended by Laws of Utah 2019, Chapter 403
91 32B-6-904, as last amended by Laws of Utah 2012, Fourth Special Session, Chapter 1
92 32B-6-1004, as last amended by Laws of Utah 2021, Chapter 291
93 32B-7-202, as last amended by Laws of Utah 2022, Chapter 447
94 32B-8-102, as last amended by Laws of Utah 2020, Chapter 219
95 32B-8-201, as last amended by Laws of Utah 2022, Chapter 447
96 32B-8-202, as last amended by Laws of Utah 2020, Chapter 219
97 32B-8-401, as last amended by Laws of Utah 2023, Chapter 371
98 32B-8b-102, as last amended by Laws of Utah 2023, Chapter 371
99 32B-8b-201, as last amended by Laws of Utah 2020, Chapter 219
100 32B-8b-202, as last amended by Laws of Utah 2020, Chapter 219
101 32B-8b-301, as last amended by Laws of Utah 2023, Chapter 371
102 32B-8d-104, as last amended by Laws of Utah 2022, Chapter 447
103 32B-10-202, as enacted by Laws of Utah 2010, Chapter 276
104 32B-10-303, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 6
105 32B-10-304, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 6
106 32B-15-201, as last amended by Laws of Utah 2023, Chapter 400
107 59-15-101, as last amended by Laws of Utah 2019, Chapter 336
108 59-15-109, as last amended by Laws of Utah 2023, Chapter 396
109 63I-2-232, as last amended by Laws of Utah 2023, Chapter 371
110 ENACTS:
111 32B-2-213, Utah Code Annotated 1953
112 41-6a-531, Utah Code Annotated 1953
113 53-28-101, Utah Code Annotated 1953
114 53-28-102, Utah Code Annotated 1953
115 REPEALS:
116 32B-2-210, as last amended by Laws of Utah 2022, Chapter 447
117
118 Be it enacted by the Legislature of the state of Utah:
119 Section 1. Section 32B-1-304 is amended to read:
120 32B-1-304. Qualifications for a package agency, license, or permit -- Minors.
121 (1) (a) Except as provided in Subsection (7), the commission may not issue a package
122 agency, license, or permit to a person who has been convicted of:
123 (i) within seven years before the day on which the commission issues the package
124 agency, license, or permit, a felony under a federal law or state law;
125 (ii) within four years before the day on which the commission issues the package
126 agency, license, or permit:
127 (A) a violation of a federal law, state law, or local ordinance concerning the sale, offer
128 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
129 product; or
130 (B) a crime involving moral turpitude; or
131 (iii) on two or more occasions within the five years before the day on which the
132 package agency, license, or permit is issued, driving under the influence of alcohol, drugs, or
133 the combined influence of alcohol and drugs.
134 (b) If the person is a partnership, corporation, or limited liability company, the
135 proscription under Subsection (1)(a) applies if any of the following has been convicted of an
136 offense described in Subsection (1)(a):
137 (i) a partner;
138 (ii) a managing agent;
139 (iii) a manager;
140 (iv) an officer;
141 (v) a director;
142 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
143 the corporation; or
144 (vii) a member who owns at least 20% of the limited liability company.
145 (c) Except as provided in Subsection (7), the proscription under Subsection (1)(a)
146 applies if a person who is employed to act in a supervisory or managerial capacity for a
147 package agency, licensee, or permittee has been convicted of an offense described in
148 Subsection (1)(a).
149 (2) Except as described in Section 32B-8-501, the commission may immediately
150 suspend or revoke a package agency, license, or permit, and terminate a package agency
151 agreement, if a person described in Subsection (1):
152 (a) after the day on which the package agency, license, or permit is issued, is found to
153 have been convicted of an offense described in Subsection (1)(a) before the package agency,
154 license, or permit is issued; or
155 (b) on or after the day on which the package agency, license, or permit is issued:
156 (i) is convicted of an offense described in Subsection (1)(a)(i) or (ii); or
157 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
158 influence of alcohol and drugs; and
159 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
160 influence of alcohol and drugs within five years before the day on which the person is
161 convicted of the offense described in Subsection (2)(b)(ii)(A).
162 (3) Except as described in Section 32B-8-501, the director may take emergency action
163 by immediately suspending the operation of the package agency, licensee, or permittee for the
164 period during which a criminal matter is being adjudicated if a person described in Subsection
165 (1):
166 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i) or (ii); or
167 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
168 drugs, or the combined influence of alcohol and drugs; and
169 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
170 influence of alcohol and drugs within five years before the day on which the person is arrested
171 on a charge described in Subsection (3)(b)(i).
172 (4) (a) (i) The commission may not issue a package agency, license, or permit to a
173 person who has had any type of agency, license, or permit issued under this title revoked within
174 the last three years.
175 (ii) The commission may not issue a package agency, license, or permit to a
176 partnership, corporation, or limited liability company if a partner, managing agent, manager,
177 officer, director, stockholder who holds at least 20% of the total issued and outstanding stock
178 of the corporation, or member who owns at least 20% of the limited liability company is or
179 was:
180 (A) a partner or managing agent of a partnership that had any type of agency, license,
181 or permit issued under this title revoked within the last three years;
182 (B) a managing agent, officer, director, or stockholder who holds or held at least 20%
183 of the total issued and outstanding stock of any corporation that had any type of agency,
184 license, or permit issued under this title revoked within the last three years; or
185 (C) a manager or member who owns or owned at least 20% of a limited liability
186 company that had any type of agency, license, or permit issued under this title revoked within
187 the last three years.
188 (b) The commission may not issue a package agency, license, or permit to a
189 partnership, corporation, or limited liability company if any of the following had any type of
190 agency, license, or permit issued under this title revoked while acting in that person's individual
191 capacity within the last three years:
192 (i) a partner or managing agent of a partnership;
193 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
194 total issued and outstanding stock of a corporation; or
195 (iii) a manager or member who owns at least 20% of a limited liability company.
196 (c) The commission may not issue a package agency, license, or permit to a person
197 acting in an individual capacity if that person was:
198 (i) a partner or managing agent of a partnership that had any type of agency, license, or
199 permit issued under this title revoked within the last three years;
200 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
201 total issued and outstanding stock of a corporation that had any type of agency, license, or
202 permit issued under this title revoked within the last three years; or
203 (iii) a manager or member who owned at least 20% of the limited liability company
204 that had any type of agency, license, or permit issued under this title revoked within the last
205 three years.
206 (5) (a) The commission may not issue a package agency, license, or permit to a minor.
207 (b) The commission may not issue a package agency, license, or permit to a
208 partnership, corporation, or limited liability company if any of the following is a minor:
209 (i) a partner or managing agent of the partnership;
210 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
211 total issued and outstanding stock of the corporation; or
212 (iii) a manager or member who owns at least 20% of the limited liability company.
213 (c) For purposes of Subsection (5)(b), the commission may not consider a minor's
214 position with or ownership interest in an entity that has an ownership interest in the entity that
215 is applying for the package agency, license, or permit unless the minor would exercise direct
216 decision-making control over the package agency, license, or permit.
217 (6) Except as described in Section 32B-8-501, if a package agent, licensee, or permittee
218 no longer possesses the qualifications required by this title for obtaining a package agency,
219 license, or permit, the commission may terminate the package agency agreement, or revoke the
220 license or permit.
221 (7) (a) If the licensee is a resort licensee:
222 (i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in
223 the management of the resort, as the commission defines in rule; and
224 (ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or
225 managerial capacity for the resort licensee or in relation to a sublicense of the resort license.
226 (b) If the permittee is a public service permittee under Chapter 10, Special Use Permit
227 Act:
228 (i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in
229 the management of the [
230 as the commission defines in rule; and
231 (ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or
232 managerial capacity for the public service permittee.
233 Section 2. Section 32B-2-205 is amended to read:
234 32B-2-205. Director of alcoholic beverage services.
235 (1) (a) In accordance with Subsection (1)(b), the governor, with the advice and consent
236 of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. The
237 director may be appointed to more than one four-year term. The director is the administrative
238 head of the department.
239 (b) (i) The governor shall appoint the director from nominations made by the
240 commission.
241 (ii) The commission shall submit the nomination of three individuals to the governor
242 for appointment of the director.
243 (iii) By no later than 30 calendar days from the day on which the governor receives the
244 three nominations submitted by the commission, the governor may:
245 (A) appoint the director; or
246 (B) reject the three nominations.
247 (iv) If the governor rejects the nominations or fails to take action within the 30-day
248 period, the commission shall nominate three different individuals from which the governor may
249 appoint the director or reject the nominations until such time as the governor appoints the
250 director.
251 (v) The governor may reappoint the director without seeking nominations from the
252 commission. Reappointment of a director is subject to the advice and consent of the Senate.
253 (c) (i) If there is a vacancy in the position of director, during the nomination process
254 described in Subsection (1)(b), the governor may appoint an interim director for a period of up
255 to 30 calendar days.
256 (ii) If a director is not appointed within the 30-day period, the interim director may
257 continue to serve beyond the 30-day period subject to the advice and consent of the Senate at
258 the next scheduled time for the Senate giving consent to appointments of the governor.
259 (iii) Except that if the Senate does not act on the consent to the appointment of the
260 interim director within 60 days of the end of the initial 30-day period, the interim director may
261 continue as the interim director.
262 (d) The director may be terminated by:
263 (i) the commission by a vote of four commissioners; or
264 (ii) the governor after consultation with the commission.
265 (e) The director may not be a commissioner.
266 (f) The director shall:
267 (i) be qualified in administration;
268 (ii) be knowledgeable by experience and training in the field of business management;
269 and
270 (iii) possess any other qualification prescribed by the commission.
271 (2) The governor shall establish the director's compensation within the salary range
272 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
273 (3) The director shall:
274 (a) carry out the policies of the commission;
275 (b) carry out the policies of the department;
276 (c) fully inform the commission of the operations and administrative activities of the
277 department; and
278 (d) assist the commission in the proper discharge of the commission's duties.
279 (4) (a) The director shall form a workgoup that includes representatives from the
280 following:
281 (i) the department;
282 (ii) the Division of Integrated Healthcare created in Section 26B-1-202;
283 (iii) the Department of Public Safety created in Section 53-10-103;
284 (iv) the retail alcohol industry;
285 (v) the bar or restaurant industry;
286 (vi) organizations related to alcohol and drug abuse prevention, alcohol or drug related
287 enforcement, or alcohol or drug related education; and
288 (vii) any other organization or industry the director determines beneficial.
289 (b) (i) The workgroup shall study and make recommendations to:
290 (A) improve the efficacy of the alcohol training and education described in Section
291 26B-5-205, including recommendations related to the curriculum, development, provider, and
292 delivery; and
293 (B) maintain appropriate records of cash sale transactions in bar establishments.
294 (ii) The workgoup shall ensure that the workgroup's recommendations under
295 Subsection (4)(b)(i)(A) include a focus on improving training with respect to laws governing
296 the responsible sale and service of alcohol.
297 (c) No later than September 1, 2024, the workgroup shall provide written
298 recommendations as provided in this Subsection (4) to the Business and Labor Interim
299 Committee.
300 Section 3. Section 32B-2-213 is enacted to read:
301 32B-2-213. Round up program.
302 (1) The department may establish a round up program under which an individual who
303 makes a purchase at a state store may elect to round the purchase price up to the nearest dollar.
304 (2) The department shall deposit money the department collects under Subsection (1)
305 into the Pamela Atkinson Homeless Account created in Section 35A-16-301 to be used for
306 substance use disorder treatment services.
307 Section 4. Section 32B-2-304 is amended to read:
308 32B-2-304. Liquor price -- Remittance of markup -- School lunch program --
309 Remittance of markup.
310 (1) For purposes of this section:
311 (a) (i) "Landed case cost" means the sum of:
312 (A) the cost of the product; [
313 (B) inbound shipping costs [
314 (C) case handling costs the department incurs.
315 (ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
316 of the department to a state store.
317 (b) "Proof gallon" means the same as that term is defined in 26 U.S.C. Sec. 5002.
318 (2) Except as provided in Subsections (3) and (4):
319 (a) spirituous liquor sold by the department within the state shall be marked up in an
320 amount not less than [
321 (b) wine sold by the department within the state shall be marked up in an amount not
322 less than [
323 (c) heavy beer sold by the department within the state shall be marked up in an amount
324 not less than 66.5% above the landed case cost to the department; and
325 (d) a flavored malt beverage sold by the department within the state shall be marked up
326 in an amount not less than [
327 (3) (a) Liquor sold by the department to a military installation in Utah shall be marked
328 up in an amount not less than 17% above the landed case cost to the department.
329 (b) Except for spirituous liquor sold by the department to a military installation in
330 Utah, spirituous liquor that is sold by the department within the state shall be marked up 49%
331 above the landed case cost to the department if:
332 (i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
333 proof gallons of spirituous liquor in a calendar year; and
334 (ii) the manufacturer applies to the department for a reduced markup.
335 (c) Except for wine sold by the department to a military installation in Utah, wine that
336 is sold by the department within the state shall be marked up 49% above the landed case cost to
337 the department if:
338 (i) (A) except as provided in Subsection (3)(c)(i)(B), the wine is manufactured by a
339 manufacturer producing less than 20,000 gallons of wine in a calendar year; or
340 (B) for hard cider, the hard cider is manufactured by a manufacturer producing less
341 than 620,000 gallons of hard cider in a calendar year; and
342 (ii) the manufacturer applies to the department for a reduced markup.
343 (d) Except for heavy beer sold by the department to a military installation in Utah,
344 heavy beer that is sold by the department within the state shall be marked up 32% above the
345 landed case cost to the department if:
346 (i) a small brewer manufactures the heavy beer; and
347 (ii) the small brewer applies to the department for a reduced markup.
348 (e) The department shall:
349 (i) for purposes of Subsections (3)(b) and (c), calculate the production amount of a
350 manufacturer:
351 (A) by, if the manufacturer is part of a controlled group of manufacturers, including the
352 combined volume totals of spirituous liquor, wine, or cider, as applicable, for all manufacturers
353 that constitute the controlled group of manufacturers; and
354 (B) without considering the manufacturer's production of any other type of alcoholic
355 product; and
356 (ii) verify that a manufacturer meets a production amount described in Subsection
357 (3)(b) or (c) and the production amount of a small brewer [
358 verifiable production report.
359 (f) A manufacturer seeking to obtain a reduced markup under Subsection (3)(b), (c), or
360 (d), shall provide to the department any documentation or information the department
361 determines necessary to determine if the manufacturer is part of a controlled group of
362 manufacturers.
363 (g) The department may, at any time, revoke a reduced markup granted to a
364 manufacturer under Subsection (3)(b), (c), or (d), if the department determines the
365 manufacturer no longer qualifies for the reduced markup.
366 (4) Wine the department purchases on behalf of a subscriber through the wine
367 subscription program established in Section 32B-2-702 shall be marked up not less than [
368 88.5% above the cost of the subscription for the interval in which the wine is purchased.
369 (5) The department shall deposit 10% of the total gross revenue from sales of liquor
370 with the state treasurer to be credited to the Uniform School Fund and used to support the
371 school meals program administered by the State Board of Education under Section 53E-3-510.
372 (6) (a) Each month, the department shall collect from each package agency located at a
373 manufacturing facility owned or operated by a person licensed under Chapter 11,
374 Manufacturing and Related Licenses Act, 12.295% of the package agency's reported monthly
375 revenue and deposit the money as follows:
376 (i) 1.695% of the reported monthly revenue into the Alcoholic Beverage Control Act
377 Enforcement Fund;
378 (ii) 10% of the reported monthly revenue into the Uniform School Fund and used to
379 support the school meals program administered by the State Board of Education under Section
380 53E-3-510; and
381 (iii) 0.60% of the reported monthly revenue into the Underage Drinking Prevention
382 Media and Education Campaign Restricted Account.
383 (b) The department may collect a fee established in accordance with Section 63J-1-504
384 from a package agency described in this subsection to cover the costs of regulation.
385 [
386 at a discount.
387 (8) The Legislature shall annually appropriate to support substance use disorder
388 treatment services, an amount equal to the revenue generated from a 0.5% markup above the
389 landed case cost to the department on spirituous liquor
390 Section 5. Section 32B-2-305 is amended to read:
391 32B-2-305. Alcoholic Beverage Control Act Enforcement Fund.
392 (1) As used in this section:
393 (a) "Alcohol-related law enforcement officer" means the same as that term is defined in
394 Section 32B-1-201.
395 (b) "Drug-related law enforcement officer" means a law enforcement officer employed
396 by the Department of Public Safety who has enforcement of drug-related offenses as a primary
397 responsibility.
398 (c) "Enforcement ratio" means the same as that term is defined in Section 32B-1-201.
399 (d) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created in
400 this section.
401 (e) "SBI drug-related law enforcement officer" means a law enforcement officer
402 employed by the State Bureau of Investigation within the Department of Public Safety who has
403 investigation of drug-related offenses as a primary responsibility.
404 (f) "Social worker" means an individual licensed under Title 58, Chapter 60, Part 2,
405 Social Worker Licensing Act, and employed by the Department of Public Safety who has
406 provision of caseworker services to individuals under 21 years old as a primary responsibility.
407 (2) There is created an expendable special revenue fund known as the "Alcoholic
408 Beverage Control Act Enforcement Fund."
409 (3) (a) The fund consists of:
410 (i) deposits made under Subsection (4); [
411 (ii) deposits made under Section 59-15-109; and
412 [
413 (b) (i) The fund shall earn interest.
414 (ii) Interest on the fund shall be deposited into the fund.
415 (4) After the deposit made under Section 32B-2-304 for the school lunch program, the
416 department shall deposit 1.695% of the total gross revenue from the sale of liquor with the state
417 treasurer to be credited to the fund [
418 (5) The deposits made under Subsection (4) and Section 59-15-109 shall be:
419 (a) used by the Department of Public Safety as provided in Subsection [
420 (b) reallocated to the General Fund as described in Subsection [
421 [
422 (i) supplement appropriations by the Legislature so that the Department of Public
423 Safety maintains a sufficient number of alcohol-related law enforcement officers such that each
424 year the enforcement ratio as of July 1 is equal to or less than the number specified in Section
425 32B-1-201; and
426 (ii) maintain at least:
427 (A) 10 drug-related law enforcement officers;
428 (B) eight SBI drug-related law enforcement officers; [
429 (C) two social workers[
430 (D) three additional alcohol-related law enforcement officers who are dedicated to
431 compliance or enforcement of this title.
432 (b) Four of the alcohol-related law enforcement officers described in Subsection
433 [
434 restaurants.
435 [
436 Fund $3 million of unspent money in the fund.
437 Section 6. Section 32B-2-503 is amended to read:
438 32B-2-503. Operational requirements for a state store.
439 (1) (a) A state store shall display in a prominent place in the store a sign in large letters
440 that consists of text in the following order:
441 (i) a header that reads: "WARNING";
442 (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
443 can cause birth defects and permanent brain damage for the child.";
444 (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
445 [insert most current toll-free number] with questions or for more information.";
446 (iv) a header that reads: "WARNING"; and
447 (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
448 serious crime that is prosecuted aggressively in Utah."
449 (b) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different
450 font style than the text described in Subsections (1)(a)(iv) and (v).
451 (ii) The warning statements in the sign described in Subsection (1)(a) shall be in the
452 same font size.
453 (c) The Department of Health shall work with the commission and department to
454 facilitate consistency in the format of a sign required under this section.
455 (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by
456 the commission.
457 (3) A state store may not sell, offer for sale, or furnish liquor to:
458 (a) a minor;
459 (b) a person actually, apparently, or obviously intoxicated;
460 (c) a known interdicted person; or
461 (d) a known habitual drunkard.
462 (4) (a) A state store employee may not:
463 (i) consume an alcoholic product on the premises of a state store; or
464 (ii) allow any person to consume an alcoholic product on the premises of a state store.
465 (b) A violation of this Subsection (4) is a class B misdemeanor.
466 (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
467 store, and a state store may not be kept open for the sale of liquor:
468 (i) on Sunday; or
469 (ii) on a state or federal legal holiday.
470 (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
471 a state store may be open for the sale of liquor, only on a day and during hours that the
472 commission directs by rule or order.
473 (6) (a) A minor may not be admitted into, or be on the premises of, a state store unless
474 accompanied by a person who is:
475 (i) 21 years of age or older; and
476 (ii) the minor's parent, legal guardian, or spouse.
477 (b) A state store employee that has reason to believe that a person who is on the
478 premises of a state store is under the age of 21 and is not accompanied by a person described in
479 Subsection (6)(a) may:
480 (i) ask the suspected minor for proof of age;
481 (ii) ask the person who accompanies the suspected minor for proof of age; and
482 (iii) ask the suspected minor or the person who accompanies the suspected minor for
483 proof of parental, guardianship, or spousal relationship.
484 (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
485 person who accompanies the suspected minor into the state store if the suspected minor or
486 person fails to provide information specified in Subsection (6)(b).
487 (d) A state store employee shall require a suspected minor and the person who
488 accompanies the suspected minor into the state store to immediately leave the premises of the
489 state store if the suspected minor or person fails to provide information specified in Subsection
490 (6)(b).
491 (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
492 container.
493 (b) A person may not open a sealed container on the premises of a state store.
494 (8) On or after October 1, 2011, a state store may not sell, offer for sale, or furnish
495 heavy beer in a sealed container that exceeds two liters.
496 (9) A state store may not sell, offer for sale, or furnish:
497 (a) liquor that is intended to be frozen and consumed in manner other than as a
498 beverage, including liquor in the form of a freeze pop, popsicle, ice cream, or sorbet; or
499 (b) liquor that contains more than 80% alcohol by volume.
500 Section 7. Section 32B-2-605 is amended to read:
501 32B-2-605. Operational requirements for package agency.
502 (1) (a) A person may not operate a package agency until a package agency agreement is
503 entered into by the package agent and the department.
504 (b) A package agency agreement shall state the conditions of operation by which the
505 package agent and the department are bound.
506 (c) (i) If a package agent or staff of the package agent violates this title, rules under this
507 title, or the package agency agreement, the department may take any action against the package
508 agent that is allowed by the package agency agreement.
509 (ii) An action against a package agent is governed solely by its package agency
510 agreement and may include suspension or revocation of the package agency.
511 (iii) A package agency agreement shall provide procedures to be followed if a package
512 agent fails to pay money owed to the department including a procedure for replacing the
513 package agent or operator of the package agency.
514 (iv) A package agency agreement shall provide that the package agency is subject to
515 covert investigations for selling an alcoholic product to a minor.
516 (v) Notwithstanding that this part refers to "package agency" or "package agent," staff
517 of the package agency or package agent is subject to the same requirement or prohibition.
518 (2) (a) A package agency shall be operated by an individual who is either:
519 (i) the package agent; or
520 (ii) an individual designated by the package agent.
521 (b) An individual who is a designee under this Subsection (2) shall be:
522 (i) an employee of the package agent; and
523 (ii) responsible for the operation of the package agency.
524 (c) The conduct of the designee is attributable to the package agent.
525 (d) A package agent shall submit the name of the person operating the package agency
526 to the department for the department's approval.
527 (e) A package agent shall state the name and title of a designee on the application for a
528 package agency.
529 (f) A package agent shall:
530 (i) inform the department of a proposed change in the individual designated to operate
531 a package agency; and
532 (ii) receive prior approval from the department before implementing the change
533 described in this Subsection (2)(f).
534 (g) Failure to comply with the requirements of this Subsection (2) may result in the
535 immediate termination of a package agency agreement.
536 (3) (a) A package agent shall display in a prominent place in the package agency the
537 record issued by the commission that designates the package agency.
538 (b) A package agent that displays or stores liquor at a location visible to the public
539 shall display in a prominent place in the package agency a sign in large letters that consists of
540 text in the following order:
541 (i) a header that reads: "WARNING";
542 (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
543 can cause birth defects and permanent brain damage for the child.";
544 (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
545 [insert most current toll-free number] with questions or for more information.";
546 (iv) a header that reads: "WARNING"; and
547 (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
548 serious crime that is prosecuted aggressively in Utah."
549 (c) (i) The text described in Subsections (3)(b)(i) through (iii) shall be in a different
550 font style than the text described in Subsections (3)(b)(iv) and (v).
551 (ii) The warning statements in the sign described in Subsection (3)(b) shall be in the
552 same font size.
553 (d) The Department of Health and Human Services shall work with the commission
554 and department to facilitate consistency in the format of a sign required under this section.
555 (4) A package agency may not display liquor or a price list in a window or showcase
556 that is visible to passersby.
557 (5) (a) A package agency may not purchase liquor from a person except from the
558 department.
559 (b) At the discretion of the department, the department may provide liquor to a package
560 agency for sale on consignment.
561 (6) A package agency may not store, sell, offer for sale, or furnish liquor in a place
562 other than as designated in the package agent's application, unless the package agent first
563 applies for and receives approval from the department for a change of location within the
564 package agency premises.
565 (7) (a) Except as provided in Subsection (7)(b), a package agency may not sell, offer
566 for sale, or furnish liquor except at a price fixed by the commission.
567 (b) A package agency may provide as room service one alcoholic product free of
568 charge per guest reservation, per guest room, if:
569 (i) the package agency is the type of package agency that authorizes the package
570 agency to sell, offer for sale, or furnish an alcoholic product as part of room service;
571 (ii) staff of the package agency provides the alcoholic product:
572 (A) in person; and
573 (B) only to an adult guest in the guest room;
574 (iii) staff of the package agency does not leave the alcoholic product outside a guest
575 room for retrieval by a guest; and
576 (iv) the alcoholic product:
577 (A) is not a spirituous liquor; and
578 (B) is in an unopened container not to exceed 750 milliliters.
579 (8) A package agency may not sell, offer for sale, or furnish liquor to:
580 (a) a minor;
581 (b) a person actually, apparently, or obviously intoxicated;
582 (c) a known interdicted person; or
583 (d) a known habitual drunkard.
584 (9) (a) A package agency may not employ a minor to handle liquor.
585 (b) (i) Staff of a package agency may not:
586 (A) consume an alcoholic product on the premises of a package agency; or
587 (B) allow any person to consume an alcoholic product on the premises of a package
588 agency.
589 (ii) Violation of this Subsection (9)(b) is a class B misdemeanor.
590 (10) (a) A package agency may not close or cease operation for a period longer than 72
591 hours, unless:
592 (i) the package agency notifies the department in writing at least seven days before the
593 day on which the package agency closes or ceases operation; and
594 (ii) the closure or cessation of operation is first approved by the department.
595 (b) Notwithstanding Subsection (10)(a), in the case of emergency closure, a package
596 agency shall immediately notify the department by telephone.
597 (c) (i) The department may authorize a closure or cessation of operation for a period
598 not to exceed 60 days.
599 (ii) The department may extend the initial period described in Subsection (10)(c)(i) an
600 additional 30 days upon written request of the package agency and upon a showing of good
601 cause.
602 (iii) A closure or cessation of operation may not exceed a total of 90 days without
603 commission approval.
604 (d) The notice required by Subsection (10)(a) shall include:
605 (i) the dates of closure or cessation of operation;
606 (ii) the reason for the closure or cessation of operation; and
607 (iii) the date on which the package agency will reopen or resume operation.
608 (e) Failure of a package agency to provide notice and to obtain department
609 authorization before closure or cessation of operation results in an automatic termination of the
610 package agency agreement effective immediately.
611 (f) Failure of a package agency to reopen or resume operation by the approved date
612 results in an automatic termination of the package agency agreement effective on that date.
613 (11) A package agency may not transfer the package agency's operations from one
614 location to another location without prior written approval of the commission.
615 (12) (a) A person, having been issued a package agency, may not sell, transfer, assign,
616 exchange, barter, give, or attempt in any way to dispose of the package agency to another
617 person, whether for monetary gain or not.
618 (b) A package agency has no monetary value for any type of disposition.
619 (13) (a) Subject to the other provisions of this Subsection (13):
620 (i) sale or delivery of liquor may not be made on or from the premises of a package
621 agency, and a package agency may not be kept open for the sale of liquor:
622 (A) on Sunday; or
623 (B) on a state or federal legal holiday; and
624 (ii) sale or delivery of liquor may be made on or from the premises of a package
625 agency, and a package agency may be open for the sale of liquor, only on a day and during
626 hours that the commission directs by rule or order.
627 (b) A package agency located at a manufacturing facility is not subject to Subsection
628 (13)(a) if:
629 (i) the package agency is located at a manufacturing facility licensed in accordance
630 with Chapter 11, Manufacturing and Related Licenses Act; and
631 (ii) the package agency only sells an alcoholic product produced at the manufacturing
632 facility.
633 (c) (i) Subsection (13)(a) does not apply to a package agency held by the following if
634 the package agent that holds the package agency to sell liquor at a resort or hotel does not sell
635 liquor in a manner similar to a state store:
636 (A) a resort licensee; or
637 (B) a hotel licensee.
638 (ii) The commission may by rule define what constitutes a package agency that sells
639 liquor "in a manner similar to a state store."
640 (14) (a) Except to the extent authorized by commission rule, a minor may not be
641 admitted into, or be on the premises of, a package agency unless accompanied by a person who
642 is:
643 (i) 21 years old or older; and
644 (ii) the minor's parent, legal guardian, or spouse.
645 (b) A package agent or staff of a package agency that has reason to believe that a
646 person who is on the premises of a package agency is under 21 years old and is not
647 accompanied by a person described in Subsection (14)(a) may:
648 (i) ask the suspected minor for proof of age;
649 (ii) ask the person who accompanies the suspected minor for proof of age; and
650 (iii) ask the suspected minor or the person who accompanies the suspected minor for
651 proof of parental, guardianship, or spousal relationship.
652 (c) A package agent or staff of a package agency shall refuse to sell liquor to the
653 suspected minor and to the person who accompanies the suspected minor into the package
654 agency if the minor or person fails to provide any information specified in Subsection (14)(b).
655 (d) A package agent or staff of a package agency shall require the suspected minor and
656 the person who accompanies the suspected minor into the package agency to immediately leave
657 the premises of the package agency if the minor or person fails to provide information specified
658 in Subsection (14)(b).
659 (15) (a) A package agency shall sell, offer for sale, or furnish liquor in a sealed
660 container.
661 (b) A person may not open a sealed container on the premises of a package agency.
662 (c) Notwithstanding Subsection (15)(a), a package agency may sell, offer for sale, or
663 furnish liquor in other than a sealed container:
664 (i) if the package agency is the type of package agency that authorizes the package
665 agency to sell, offer for sale, or furnish the liquor as part of room service;
666 (ii) if the liquor is sold, offered for sale, or furnished as part of room service; and
667 (iii) subject to:
668 (A) staff of the package agency providing the liquor in person only to an adult guest in
669 the guest room or privately owned dwelling unit;
670 (B) staff of the package agency not leaving the liquor outside a guest room or privately
671 owned dwelling unit for retrieval by a guest or resident; and
672 (C) the same limits on the portions in which an alcoholic product may be sold by a
673 retail licensee under Section 32B-5-304.
674 (16) A package agency may not sell, offer for sale, or furnish:
675 (a) heavy beer in a sealed container that exceeds two liters[
676 (b) liquor that contains more than 80% alcohol by volume.
677 (17) The department may pay or otherwise remunerate a package agent on any basis,
678 including sales or volume of business done by the package agency.
679 (18) The commission may prescribe by policy or rule general operational requirements
680 of a package agency that are consistent with this title and relate to:
681 (a) physical facilities;
682 (b) conditions of operation;
683 (c) hours of operation;
684 (d) inventory levels;
685 (e) payment schedules;
686 (f) methods of payment;
687 (g) premises security; and
688 (h) any other matter considered appropriate by the commission.
689 (19) A package agency may not maintain a minibar.
690 Section 8. Section 32B-3-203 is amended to read:
691 32B-3-203. Initiating a disciplinary proceeding.
692 Subject to Section 32B-3-202:
693 (1) [
694 disciplinary proceeding described in Subsection (2) if the department [
695 (a) receives a report from an investigator alleging that a person subject to
696 administrative action violated this title or the rules of the commission;
697 (b) [
698 against a person subject to administrative action on the basis of an alleged violation of this
699 title; [
700 (c) [
701 proceedings in accordance with Chapter 15, Alcoholic Product Liability Act, against a person
702 subject to administrative action on the basis of an alleged violation of this title[
703 (d) otherwise becomes aware that a person subject to administrative action on the basis
704 of an alleged violation of this title may have violated this title or commission rule.
705 (2) [
706 in Subsection (1) is met, the department shall:
707 (a) [
708 [
709 the commission; and
710 [
711 (b) refer the matter to the State Bureau of Investigation, created in Section 53-10-301.
712 (3) The department is not required to initiate a disciplinary proceeding described in
713 Subsection (2) if after reviewing the information described in Subsection (1), the department
714 determines:
715 (a) that there is no basis for initiating a disciplinary proceeding; or
716 (b) in consultation with the prosecutor or plaintiff's counsel, as applicable, that
717 initiating a disciplinary proceeding would pose a significant risk of interfering with a criminal
718 or civil proceeding.
719 [
720 (i) if required by law;
721 (ii) before revoking or suspending a license, permit, or certificate of approval issued
722 under this title; or
723 (iii) before imposing a fine against a person subject to administrative action.
724 (b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding
725 hearing after receiving proper notice is an admission of the charged violation.
726 (c) The validity of a disciplinary proceeding is not affected by the failure of a person to
727 attend or remain in attendance.
728 Section 9. Section 32B-4-422 is amended to read:
729 32B-4-422. Unlawful dispensing.
730 (1) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituous
731 liquor for consumption on the licensed premises, or staff of the retail licensee may not:
732 (a) sell, offer for sale, or furnish a primary spirituous liquor to a person on the licensed
733 premises except in a quantity that does not exceed 1.5 ounces per beverage dispensed through a
734 calibrated metered dispensing system approved by the department;
735 (b) sell, offer for sale, or furnish more than a total of 2.5 ounces of spirituous liquor per
736 beverage;
737 (c) allow a person on the licensed premises to have more than a total of 2.5 ounces of
738 spirituous liquor at a time; or
739 (d) (i) except as provided in Subsection (1)(d)(ii), allow a person to have more than
740 two spirituous liquor beverages at a time; or
741 (ii) allow a person on the premises of the following to have more than one spirituous
742 liquor beverage at a time:
743 (A) a full-service restaurant licensee;
744 (B) a person operating under a full-service restaurant sublicense;
745 (C) an on-premise banquet licensee;
746 (D) a person operating under an on-premise banquet sublicense; [
747 (E) a single event permittee[
748 (F) a hospitality amenity licensee.
749 (2) A violation of this section is a class C misdemeanor.
750 Section 10. Section 32B-4-424 is amended to read:
751 32B-4-424. Powdered or vaporized alcohol.
752 (1) As used in this section[
753 (a) "Powdered alcohol" means a product that is in a powdered or crystalline form and
754 contains any amount of alcohol.
755 (b) "Vaporized alcohol" means a product created by mixing alcohol with pure oxygen
756 or another gas to produce a vaporized product for the purpose of consumption through
757 inhalation.
758 (2) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell,
759 offer to sell, furnish, or possess [
760 or vaporized alcohol.
761 (3) It is unlawful for a holder of a retail license to use powdered alcohol or vaporized
762 alcohol as an alcoholic product.
763 (4) This section does not apply to the use of powdered alcohol or vaporized alcohol for
764 a commercial use specifically approved by state law or bona fide research purposes by a:
765 (a) health care practitioner that operates primarily for the purpose of conducting
766 scientific research;
767 (b) department, commission, board, council, agency, institution, division, office,
768 committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the
769 state, including a state institution of higher education listed in Section 53B-2-101;
770 (c) private college or university research facility; or
771 (d) pharmaceutical or biotechnology company.
772 Section 11. Section 32B-4-501 is amended to read:
773 32B-4-501. Operating without a license or permit.
774 (1) A person may not operate the following businesses without first obtaining a license
775 under this title if the business allows a person to purchase or consume an alcoholic product on
776 the premises of the business:
777 (a) a restaurant;
778 (b) an airport lounge;
779 (c) a business operated in the same manner as a bar establishment licensee;
780 (d) a resort;
781 (e) a business operated to sell, offer for sale, or furnish beer for on-premise
782 consumption;
783 (f) a business operated as an on-premise banquet licensee;
784 (g) a hotel; [
785 (h) an arena; or
786 [
787 (2) A person conducting an event that is open to the general public may not directly or
788 indirectly sell, offer for sale, or furnish an alcoholic product to a person attending the event
789 without first obtaining an event permit under this title.
790 (3) A person conducting a private event may not directly or indirectly sell or offer for
791 sale an alcoholic product to a person attending the private event without first obtaining an
792 event permit under this title.
793 (4) A person may not operate the following businesses in this state without first
794 obtaining a license under this title:
795 (a) a winery manufacturer;
796 (b) a distillery manufacturer;
797 (c) a brewery manufacturer;
798 (d) a local industry representative of:
799 (i) a manufacturer of an alcoholic product;
800 (ii) a supplier of an alcoholic product; or
801 (iii) an importer of an alcoholic product;
802 (e) a liquor warehouser; or
803 (f) a beer wholesaler.
804 (5) A person may not operate a public conveyance in this state without first obtaining a
805 public service permit under this title if that public conveyance allows a person to purchase or
806 consume an alcoholic product:
807 (a) on the public conveyance; or
808 (b) on the premises of a hospitality room located within a depot, terminal, or similar
809 facility at which a service is provided to a patron of the public conveyance.
810 Section 12. Section 32B-5-201 is amended to read:
811 32B-5-201. Application requirements for retail license.
812 (1) (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of
813 an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a
814 retail license issued by the commission, notwithstanding whether the person holds a local
815 license or a permit issued by a local authority.
816 (b) Violation of this Subsection (1) is a class B misdemeanor.
817 (2) To obtain a retail license under this title, a person shall submit to the department:
818 (a) a written application in a form prescribed by the department;
819 (b) a nonrefundable application fee in the amount specified in the relevant chapter or
820 part for the type of retail license for which the person is applying;
821 (c) an initial license fee:
822 (i) in the amount specified in the relevant chapter or part for the type of retail license
823 for which the person is applying; and
824 (ii) that is refundable if a retail license is not issued;
825 (d) written consent of the local authority, including, if applicable, consent for each
826 proposed sublicense;
827 (e) a copy of:
828 (i) every license the local authority requires, including the person's current business
829 license; and
830 (ii) if the person is applying for a principal license, the current business license for each
831 proposed sublicense, except if the local authority determines that the business license for a
832 proposed sublicense is included in the person's current business license;
833 (f) evidence of the proposed retail licensee's proximity to any community location, with
834 proximity requirements being governed by Section 32B-1-202;
835 (g) a bond as specified by Section 32B-5-204;
836 (h) a floor plan, and boundary map where applicable, of the premises of the retail
837 license and each, if any, accompanying sublicense, including any:
838 (i) consumption area; and
839 (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic
840 beverage;
841 (i) evidence that the retail licensee carries public liability insurance in an amount and
842 form satisfactory to the department;
843 (j) evidence that the retail licensee carries dramshop insurance coverage of at least:
844 (i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
845 (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per
846 occurrence and $2,000,000 in the aggregate to cover both the principal license and all
847 accompanying sublicenses; or
848 (iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and
849 $20,000,000 in the aggregate to cover both the arena license and all accompanying
850 sublicenses[
851 (k) a signed consent form stating that the retail licensee will permit any authorized
852 representative of the commission, department, or any law enforcement officer to have
853 unrestricted right to enter:
854 (i) the premises of the retail licensee; and
855 (ii) if applicable, the premises of each of the retail licensee's accompanying
856 sublicenses;
857 (l) if the person is an entity, proper verification evidencing that a person who signs the
858 application is authorized to sign on behalf of the entity;
859 (m) a responsible alcohol service plan;
860 (n) evidence that each individual the person has hired to work as a retail manager, as
861 defined in Section 32B-1-701, has completed the alcohol training and education seminar as
862 required under Chapter 1, Part 7, Alcohol Training and Education Act; and
863 (o) any other information the commission or department may require.
864 (3) The commission may not issue a retail license to a person who:
865 (a) is disqualified under Section 32B-1-304; or
866 (b) is not lawfully present in the United States.
867 (4) Unless otherwise provided in the relevant chapter or part for the type of retail
868 license for which the person is applying, the commission may not issue a retail license to a
869 person if the proposed licensed premises does not meet the proximity requirements of Section
870 32B-1-202.
871 (5) The commission may not deny an application for a retail license, an application for
872 a conditional retail license under Section 32B-5-205, or an application for a sublicense under
873 Chapter 8d, Sublicense Act, if:
874 (a) the applicant satisfies the requirements of this chapter; and
875 (b) for a retail license or a conditional retail license, granting the retail license or the
876 conditional retail license would not cause the commission to exceeded the maximum number
877 of licenses of that retail license type that the commission is authorized to issue under this
878 chapter.
879 Section 13. Section 32B-5-304 is amended to read:
880 32B-5-304. Portions in which alcoholic product may be sold.
881 (1) (a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a
882 primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage
883 dispensed through a calibrated metered dispensing system approved by the department in
884 accordance with commission rules adopted under this title.
885 (b) A retail license is not required to dispense spirituous liquor through a calibrated
886 metered dispensing system if the spirituous liquor is:
887 (i) a secondary flavoring ingredient;
888 (ii) used as a flavoring on a dessert; [
889 (iii) used to set aflame a food dish, drink, or dessert[
890 (iv) in a beverage that:
891 (A) is served to a patron in the original, sealed container;
892 (B) is not more than 12 ounces;
893 (C) contains no more than 10% alcohol by volume or 8% by weight; and
894 (D) is in a container that has the alcohol by volume percentage on the front label and in
895 a font that measures at least three millimeters high.
896 (c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring
897 ingredient shall:
898 (i) designate a location where the retail licensee stores secondary flavoring ingredients
899 on the floor plan the retail licensee submits to the department; and
900 (ii) clearly and conspicuously label each secondary flavoring ingredient's container
901 "flavorings".
902 (d) (i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.
903 (ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection (1)(b)(iv).
904 (2) (a) (i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an
905 individual portion that does not exceed 5 ounces per glass or individual portion.
906 (ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to
907 a patron in more than one glass if the total amount of wine does not exceed 5 ounces.
908 (b) (i) A retail licensee may sell, offer for sale, or furnish wine in a container not
909 exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.
910 (ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to
911 exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.
912 (c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale,
913 or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container
914 not to exceed 16 ounces.
915 (3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original
916 container at a price fixed by the commission, except that the original container may not exceed
917 one liter.
918 (4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an
919 original container at a price fixed by the commission, except that the original container may not
920 exceed one liter.
921 (5) (a) (i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or
922 furnish beer for on-premise consumption:
923 (A) in an open original container; and
924 (B) in a container on draft.
925 (ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection
926 (5)(a)(i):
927 (A) in a size of container that exceeds two liters; or
928 (B) to an individual patron in a size of container that exceeds one liter.
929 (b) A retail licensee may sell, offer for sale, or furnish beer for off-premise
930 consumption:
931 (i) in a sealed container; and
932 (ii) in a size of container that does not exceed two liters.
933 (c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual
934 patron if the total amount of beer does not exceed 16 ounces.
935 Section 14. Section 32B-6-203 is amended to read:
936 32B-6-203. Commission's power to issue full-service restaurant license.
937 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
938 an alcoholic product on its premises as a full-service restaurant, the person shall first obtain a
939 full-service restaurant license from the commission in accordance with this part.
940 (2) The commission may issue a full-service restaurant license to establish full-service
941 restaurant licensed premises at places and in numbers the commission considers proper for the
942 storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises
943 operated as a full-service restaurant.
944 (3) Subject to Section 32B-1-201:
945 (a) the commission may not issue a total number of full-service restaurant licenses that
946 at any time exceeds the sum of:
947 (i) 30; and
948 (ii) the number determined by dividing the population of the state by [
949 (A) before July 1, 2024, 4,467;
950 (B) in fiscal year 2025, 4,281;
951 (C) in fiscal year 2026, 4,095;
952 (D) in fiscal year 2027, 3,909;
953 (E) in fiscal year 2028, 3,723;
954 (F) in fiscal year 2029, 3,537;
955 (G) in fiscal year 2030, 3,351; and
956 (H) in fiscal year 2031, and in each fiscal year thereafter, 3,167;
957 (b) the commission may issue a seasonal full-service restaurant license in accordance
958 with Section 32B-5-206; and
959 (c) (i) if the location, design, and construction of a hotel may require more than one
960 full-service restaurant sales location within the hotel to serve the public convenience, the
961 commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as
962 many as three full-service restaurant locations within the hotel under one full-service restaurant
963 license if:
964 (A) the hotel has a minimum of 150 guest rooms; and
965 (B) the locations under the full-service restaurant license are:
966 (I) within the same hotel; and
967 (II) on premises that are managed or operated, and owned or leased, by the full-service
968 restaurant licensee; and
969 (ii) except for a hotel, a facility shall have a separate full-service restaurant license for
970 each full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.
971 (4) Except as otherwise provided in Section 32B-1-202, the commission may not issue
972 a full-service restaurant license for premises that do not meet the proximity requirements of
973 Subsection 32B-1-202(2).
974 (5) To be licensed as a full-service restaurant, a person shall maintain at least 70% of
975 the restaurant's gross revenues from the sale of food, which does not include:
976 (a) mix for an alcoholic product; or
977 (b) a service charge.
978 Section 15. Section 32B-6-204 is amended to read:
979 32B-6-204. Specific licensing requirements for full-service restaurant license.
980 (1) To obtain a full-service restaurant license a person shall comply with Chapter 5,
981 Part 2, Retail Licensing Process.
982 (2) (a) A full-service restaurant license expires on October 31 of each year.
983 (b) To renew a person's full-service restaurant license, a person shall comply with the
984 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
985 September 30.
986 (3) (a) The nonrefundable application fee for a full-service restaurant license is $330.
987 (b) (i) The initial license fee for a full-service restaurant license is $2,200.
988 (ii) The department shall prorate the $2,200 initial license fee for the period that begins
989 the day on which the initial license fee is paid and ends the day on which the full-service
990 restaurant license expires.
991 (c) The renewal fee for a full-service restaurant license is $1,650.
992 (4) The bond amount required for a full-service restaurant license is the penal sum of
993 $10,000.
994 Section 16. Section 32B-6-206 is amended to read:
995 32B-6-206. Master full-service restaurant license.
996 (1) (a) The commission may issue a master full-service restaurant license that
997 authorizes a person to store, sell, offer for sale, furnish, or allow the consumption of an
998 alcoholic product on premises at multiple locations as full-service restaurants if the person
999 applying for the master full-service restaurant license:
1000 (i) owns each of the full-service restaurants;
1001 (ii) except for the fee requirements, establishes to the satisfaction of the commission
1002 that each location of a full-service restaurant under the master full-service restaurant license
1003 separately meets the requirements of this part; and
1004 (iii) the master full-service restaurant license includes at least five full-service
1005 restaurant locations.
1006 (b) The person seeking a master full-service restaurant license shall designate which
1007 full-service restaurant locations the person seeks to have under the master full-service
1008 restaurant license.
1009 (c) A full-service restaurant location under a master full-service restaurant license is
1010 considered separately licensed for purposes of this title, except as provided in this section.
1011 (2) A master full-service restaurant license and each location designated under
1012 Subsection (1) are considered a single full-service restaurant license for purposes of Subsection
1013 32B-6-203(3)(a).
1014 (3) (a) A master full-service restaurant license expires on October 31 of each year.
1015 (b) To renew a person's master full-service restaurant license, a person shall comply
1016 with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1017 September 30.
1018 (4) (a) The nonrefundable application fee for a master full-service restaurant license is
1019 $330.
1020 (b) (i) The initial license fee for a master full-service restaurant license is $5,000 plus a
1021 separate initial license fee for each newly licensed full-service restaurant [
1022 under the master full-service restaurant license determined in accordance with Subsection
1023 32B-6-204(3)(b).
1024 (ii) The department [
1025
1026 for the period that begins the day on which the initial license fee is paid and ends the day on
1027 which the master full-service restaurant license expires.
1028 (c) To renew a master full-service restaurant license the master full-service restaurant
1029 licensee shall pay a separate renewal fee for each full-service [
1030 the master full-service restaurant license [
1031 32B-6-204(3)(c).
1032 (5) A new location may be added to a master full-service restaurant license after the
1033 master full-service restaurant license is issued if:
1034 (a) the master full-service restaurant licensee pays a nonrefundable application fee of
1035 $330; and
1036 (b) including payment of the initial license fee, the location separately meets the
1037 requirements of this part.
1038 (6) (a) A master full-service restaurant licensee shall notify the department of a change
1039 in the persons managing a location covered by a master full-service restaurant license:
1040 (i) immediately, if the management personnel is not management personnel at a
1041 location covered by the master full-service restaurant licensee at the time of the change; or
1042 (ii) within 30 days of the change, if the master full-service restaurant licensee is
1043 transferring management personnel from one location to another location covered by the master
1044 full-service restaurant licensee.
1045 (b) A location covered by a master full-service restaurant license shall keep the
1046 location's own records on the location's premises so that the department may audit the records.
1047 (c) A master full-service restaurant licensee may not transfer alcoholic products
1048 between different locations covered by the master full-service restaurant license.
1049 (7) If there is a violation of this title at a location covered by a master full-service
1050 restaurant license, the violation may result in disciplinary action in accordance with Chapter 3,
1051 Disciplinary Actions and Enforcement Act, against:
1052 (a) the single location under a master full-service restaurant license;
1053 (b) individual staff of the location under the master full-service restaurant license; or
1054 (c) a combination of persons or locations described in Subsections (7)(a) and (b).
1055 (8) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah
1056 Administrative Rulemaking Act, to establish how a person may apply for a master full-service
1057 restaurant license under this section.
1058 Section 17. Section 32B-6-302 is amended to read:
1059 32B-6-302. Definitions.
1060 As used in this part:
1061 (1) (a) "Dining area" means an area in the licensed premises of a limited-service
1062 restaurant licensee that is primarily used for the service and consumption of food by one or
1063 more patrons.
1064 (b) "Dining area" does not include a dispensing area.
1065 (2) (a) "Dispensing area" means an area in the licensed premises of a limited-service
1066 restaurant licensee where a dispensing structure is located and that:
1067 (i) is physically separated from the dining area and any waiting area by a structure or
1068 other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
1069 dispensing of alcoholic product;
1070 (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining
1071 area and any waiting area to the nearest edge of the dispensing structure; or
1072 (iii) is physically separated from the dining area and any waiting area by a permanent
1073 physical structure that complies with the provisions of Title 15A, State Construction and Fire
1074 Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act,
1075 measures:
1076 (A) at least 42 inches high; and
1077 (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the
1078 dispensing structure.
1079 (b) "Dispensing area" does not include any area described in Subsection (2)(a)(ii) that
1080 is less than 10 feet from an area where alcoholic product is dispensed, but from which a patron
1081 seated at a table or counter cannot view the dispensing of alcoholic product.
1082 (3) "Small limited-service restaurant licensee" means a limited-service restaurant
1083 licensee [
1084 of the available seating for patrons on the licensed premises, excluding outdoor seating:
1085 (a) when measured in accordance with Subsection (2)(a)(ii); and
1086 (b) based on the licensee's floor plan on file with the department on July 1, 2017.
1087 (4) "Waiting area" includes a lobby.
1088 Section 18. Section 32B-6-304 is amended to read:
1089 32B-6-304. Specific licensing requirements for limited-service restaurant license.
1090 (1) To obtain a limited-service restaurant license a person shall comply with Chapter 5,
1091 Part 2, Retail Licensing Process.
1092 (2) (a) A limited-service restaurant license expires on October 31 of each year.
1093 (b) To renew a person's limited-service restaurant license, a person shall comply with
1094 the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1095 September 30.
1096 (3) (a) The nonrefundable application fee for a limited-service restaurant license is
1097 $330.
1098 (b) (i) The initial license fee for a limited-service restaurant license is $1,275.
1099 (ii) The department shall prorate the $1,275 initial license fee for the period that begins
1100 the day on which the initial license fee is paid and ends the day on which the limited-service
1101 restaurant license expires.
1102 (c) The renewal fee for a limited-service restaurant license is $750.
1103 (4) The bond amount required for a limited-service restaurant license is the penal sum
1104 of $5,000.
1105 Section 19. Section 32B-6-306 is amended to read:
1106 32B-6-306. Master limited-service restaurant license.
1107 (1) (a) The commission may issue a master limited-service restaurant license that
1108 authorizes a person to store, sell, offer for sale, furnish, or allow the consumption of an
1109 alcoholic product on premises at multiple locations as limited-service restaurants if the person
1110 applying for the master limited-service restaurant license:
1111 (i) owns each of the limited-service restaurants;
1112 (ii) except for the fee requirements, establishes to the satisfaction of the commission
1113 that each location of a limited-service restaurant under the master limited-service restaurant
1114 license separately meets the requirements of this part; and
1115 (iii) the master limited-service restaurant includes at least five limited-service
1116 restaurant locations.
1117 (b) The person seeking a master limited-service restaurant license shall designate
1118 which limited-service restaurant locations the person seeks to have under the master
1119 limited-service restaurant license.
1120 (c) A limited-service restaurant location under a master limited-service restaurant
1121 license is considered separately licensed for purposes of this title, except as provided in this
1122 section.
1123 (2) A master limited-service restaurant license and each location under Subsection (1)
1124 are considered a single limited-service restaurant license for purposes of Subsection
1125 32B-6-303(3)(a).
1126 (3) (a) A master limited-service restaurant license expires on October 31 of each year.
1127 (b) To renew a person's master limited-service restaurant license, a person shall comply
1128 with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1129 September 30.
1130 (4) (a) The nonrefundable application fee for a master limited-service restaurant license
1131 is $330.
1132 (b) (i) The initial license fee for a master limited-service restaurant license is $5,000
1133 plus a separate initial license fee for each newly licensed limited-service restaurant license
1134 under the master limited-service restaurant license determined in accordance with Subsection
1135 32B-6-304(3)(b).
1136 (ii) The department shall prorate the $5,000 initial license fee for the period that begins
1137 the day on which the initial license fee is paid and ends the day on which the master
1138 limited-service restaurant license expires.
1139 (c) The renewal fee for a master limited-service restaurant license is $500 plus a
1140 separate renewal fee for each limited-service license under the master limited-service restaurant
1141 license determined in accordance with Subsection 32B-6-304(3)(c).
1142 (5) A new location may be added to a master limited-service restaurant license after the
1143 master limited-service restaurant license is issued if:
1144 (a) the master limited-service restaurant licensee pays a nonrefundable application fee
1145 of $330; and
1146 (b) including payment of the initial license fee, the location separately meets the
1147 requirements of this part.
1148 (6) (a) A master limited-service restaurant licensee shall notify the department of a
1149 change in the persons managing a location covered by a master limited-service restaurant
1150 license:
1151 (i) immediately, if the management personnel is not management personnel at a
1152 location covered by the master limited-service restaurant licensee at the time of the change; or
1153 (ii) within 30 days of the change, if the master limited-service restaurant licensee is
1154 transferring management personnel from one location to another location covered by the master
1155 limited-service restaurant licensee.
1156 (b) A location covered by a master limited-service restaurant license shall keep its own
1157 records on its premises so that the department may audit the records.
1158 (c) A master limited-service restaurant licensee may not transfer alcoholic products
1159 between different locations covered by the master limited-service restaurant license.
1160 (7) (a) If there is a violation of this title at a location covered by a master
1161 limited-service restaurant license, the violation may result in disciplinary action in accordance
1162 with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1163 (i) the single location under a master limited-service restaurant license;
1164 (ii) individual staff of the location under the master limited-service restaurant license;
1165 or
1166 (iii) a combination of persons or locations described in Subsections (7)(a)(i) and (ii).
1167 (b) In addition to disciplinary action under Subsection (7)(a), disciplinary action in
1168 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, may be taken against a
1169 master limited-service restaurant licensee or individual staff of the master limited-service
1170 restaurant licensee if during a period beginning on November 1 and ending October 31:
1171 (i) at least 25% of the locations covered by the master limited-service restaurant license
1172 have been found by the commission to have committed a serious or grave violation of this title,
1173 as defined by rule made by the commission; or
1174 (ii) at least 50% of the locations covered by the master limited-service restaurant
1175 license have been found by the commission to have violated this title.
1176 (8) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah
1177 Administrative Rulemaking Act, to establish how a person may apply for a master
1178 limited-service restaurant license under this section.
1179 Section 20. Section 32B-6-403 is amended to read:
1180 32B-6-403. Commission's power to issue bar establishment license.
1181 (1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of
1182 an alcoholic product on the person's premises as a bar establishment licensee, the person shall
1183 first obtain a bar establishment license from the commission in accordance with this part.
1184 (2) The commission may issue a bar establishment license to establish bar
1185 establishment licensed premises at places and in numbers the commission considers proper for
1186 the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on
1187 premises operated by a bar establishment licensee.
1188 (3) Subject to Section 32B-1-201:
1189 (a) the commission may not issue a total number of bar establishment licenses that at
1190 any time exceeds the sum of:
1191 (i) 15; and
1192 (ii) the number determined by dividing the population of the state by [
1193 (A) before fiscal July 1, 2024, 10,200;
1194 (B) in fiscal year 2025, 9,778;
1195 (C) in fiscal year 2026, 9,356;
1196 (D) in fiscal year 2027, 8,934;
1197 (E) in fiscal year 2028, 8,512;
1198 (F) in fiscal year 2029, 8,090;
1199 (G) in fiscal year 2030, 7,668; and
1200 (H) in fiscal year 2031, and in each fiscal year thereafter, 7,246;
1201 (b) the commission may issue a seasonal bar establishment license in accordance with
1202 Section 32B-5-206 to a bar licensee;
1203 (c) the commission may authorize as many as three bar establishment license locations
1204 within a hotel under one bar establishment license if:
1205 (i) the location, design, and construction of the hotel requires more than one bar license
1206 location within the hotel to serve the public convenience;
1207 (ii) the hotel has a minimum of 150 guest rooms;
1208 (iii) all locations under the bar establishment license are:
1209 (A) within the same hotel; and
1210 (B) on premises that are managed or operated, and owned or leased, by the bar
1211 establishment licensee;
1212 (d) the commission may authorize up to five dispensing [
1213 one equity license if the locations under the equity license:
1214 (i) are connected by a private roadway to which the equity licensee, each member of
1215 the equity licensee, and each guest has a legal right of access; and
1216 (ii) are located on premises managed or operated, and owned or leased, by the equity
1217 licensee;
1218 (e) except for a facility operating in accordance with Subsection (3)(d) or a hotel, a
1219 facility shall have a separate bar establishment license for each bar establishment license
1220 location where an alcoholic product is sold, offered for sale, or furnished;
1221 (f) when a business establishment undergoes a change of ownership, the commission
1222 may issue a bar establishment license to the new owner of the business establishment
1223 notwithstanding that there is no bar establishment license available under Subsection (3)(a) if:
1224 (i) the primary business activity at the business establishment before and after the
1225 change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
1226 (ii) before the change of ownership there are two or more licensed premises on the
1227 business establishment that operate under a retail license, with at least one of the retail licenses
1228 being a bar establishment license;
1229 (iii) subject to Subsection (3)(g) the licensed premises of the bar establishment license
1230 issued under this Subsection (3)(f) is at the same location where the bar establishment license
1231 licensed premises was located before the change of ownership; and
1232 (iv) the person who is the new owner of the business establishment qualifies for the bar
1233 establishment license, except for there being no bar establishment license available under
1234 Subsection (3)(a); and
1235 (g) if a bar establishment licensee of a bar establishment license issued under
1236 Subsection (3)(f) requests a change of location, the bar establishment licensee may retain the
1237 bar establishment license after the change of location only if on the day on which the bar
1238 establishment licensee seeks a change of location a bar establishment license is available under
1239 Subsection (3)(a).
1240 Section 21. Section 32B-6-405 is amended to read:
1241 32B-6-405. Specific licensing requirements for bar establishment license.
1242 (1) To obtain a bar establishment license, in addition to complying with Chapter 5, Part
1243 2, Retail Licensing Process, a person shall submit with the written application:
1244 (a) (i) a statement as to whether the person is seeking to qualify as:
1245 (A) an equity licensee;
1246 (B) a fraternal licensee;
1247 (C) a dining club licensee; or
1248 (D) a bar licensee; and
1249 (ii) evidence that the person meets the requirements for the type of bar establishment
1250 license for which the person is applying;
1251 (b) evidence that the person operates a premises where a variety of food is prepared
1252 and served in connection with dining accommodations; and
1253 (c) if the person is applying for an equity license or fraternal license, a copy of the
1254 entity's bylaws or house rules, and an amendment to those records.
1255 (2) The commission may refuse to issue a bar establishment license to a person for an
1256 equity license or fraternal license if the commission determines that a provision of the person's
1257 bylaws or house rules, or amendments to those records is not:
1258 (a) reasonable; and
1259 (b) consistent with:
1260 (i) the declared nature and purpose of the bar establishment licensee; and
1261 (ii) the purposes of this part.
1262 (3) (a) A bar establishment license expires on June 30 of each year.
1263 (b) To renew a bar establishment license, a person shall comply with the requirements
1264 of Chapter 5, Part 2, Retail Licensing Process, by no later than May 31.
1265 (4) (a) The nonrefundable application fee for a bar establishment license is $300.
1266 (b) (i) The initial license fee for a bar establishment license is $2,750.
1267 (ii) The department shall prorate the $2,750 initial license fee based on the number of
1268 months out of a year the bar establishment licensee is licensed before the day on which the bar
1269 establishment license expires.
1270 (c) The renewal fee for a bar establishment license is $2,000.
1271 (5) The bond amount required for a bar establishment license is the penal sum of
1272 $10,000.
1273 Section 22. Section 32B-6-504 is amended to read:
1274 32B-6-504. Specific licensing requirements for airport lounge license.
1275 (1) To obtain an airport lounge license, in addition to complying with Chapter 5, Part
1276 2, Retail Licensing Process, a person shall submit with the written application:
1277 (a) both the written consent of the local authority and the written consent of the airport
1278 authority; and
1279 (b) a copy of the sign proposed to be used by the airport lounge licensee on its licensed
1280 premises to inform the public that alcoholic products are sold and consumed on the licensed
1281 premises.
1282 (2) (a) An airport lounge license expires on October 31 of each year.
1283 (b) To renew a person's airport lounge license, a person shall comply with the renewal
1284 requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
1285 (3) (a) The nonrefundable application fee for an airport lounge license is $300.
1286 (b) (i) The initial license fee for an airport lounge license is $8,000.
1287 (ii) The department shall prorate the $8,000 initial license fee for the period that begins
1288 the day on which the initial license fee is paid and ends the day on which the airport lounge
1289 license expires.
1290 (c) The renewal fee for an airport lounge license is $6,000.
1291 (4) The bond amount required for an airport lounge license is the penal sum of
1292 $10,000.
1293 (5) An airport lounge license is not subject to the proximity requirements of Section
1294 32B-1-202.
1295 Section 23. Section 32B-6-604 is amended to read:
1296 32B-6-604. Specific licensing requirements for an on-premise banquet license.
1297 (1) To obtain an on-premise banquet license a person shall comply with Chapter 5, Part
1298 2, Retail Licensing Process.
1299 (2) (a) An on-premise banquet license expires on October 31 of each year.
1300 (b) To renew a person's on-premise banquet license, a person shall comply with the
1301 requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
1302 (3) (a) The nonrefundable application fee for an on-premise banquet license is $300.
1303 (b) (i) The initial license fee for an on-premise banquet license is $750.
1304 (ii) The department shall prorate the $750 initial license fee for the period that begins
1305 the day on which the initial license fee is paid and ends the day on which the on-premise
1306 banquet license expires.
1307 (c) The renewal fee for an on-premise banquet license is $750.
1308 (4) The bond amount required for an on-premise banquet license is the penal sum of
1309 $10,000.
1310 (5) Notwithstanding the other provisions of this part, if an applicant is a state agency or
1311 political subdivision of the state it is not required to:
1312 (a) pay an application fee, initial license fee, or renewal fee;
1313 (b) obtain the written consent of the local authority;
1314 (c) submit a copy of the applicant's current business license; or
1315 (d) post a bond as specified by Section 32B-5-204.
1316 (6) Notwithstanding Subsection 32B-5-303(3), the department may approve an
1317 additional location in or on the licensed premises of an on-premise banquet licensee from
1318 which the on-premise banquet licensee may store, sell, offer for sale, furnish, or allow the
1319 consumption of an alcoholic product that is not included in its original application only:
1320 (a) upon proper application by an on-premise banquet licensee; and
1321 (b) in accordance with guidelines approved by the commission.
1322 Section 24. Section 32B-6-605 is amended to read:
1323 32B-6-605. Specific operational requirements for on-premise banquet license.
1324 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1325 Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee
1326 shall comply with this section.
1327 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1328 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1329 (i) an on-premise banquet licensee;
1330 (ii) individual staff of an on-premise banquet licensee; or
1331 (iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
1332 (2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and
1333 (5) for the entire premises of the hotel, resort facility, sports center, convention center,
1334 performing arts facility, arena, or restaurant venue that is the basis for the on-premise banquet
1335 license.
1336 (3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
1337 shall provide the department with advance notice of a scheduled banquet in accordance with
1338 rules made by the commission.
1339 (b) Any of the following may conduct a random inspection of a banquet:
1340 (i) an authorized representative of the commission or the department; or
1341 (ii) a law enforcement officer.
1342 (4) (a) An on-premise banquet licensee is not subject to Subsection 32B-5-302(1), but
1343 shall make and maintain the records described in Subsection 32B-5-302(2) and the records the
1344 commission or department requires.
1345 (b) Section 32B-1-205 applies to a record required to be made or maintained in
1346 accordance with this Subsection (4).
1347 (5) (a) Except as otherwise provided in this title, an on-premise banquet licensee may
1348 sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the
1349 location of the banquet.
1350 (b) [
1351 32B-5-307 and except as otherwise provided in this title:
1352 (i) [
1353 banquet licensee or staff of the on-premise banquet licensee, may not remove an alcoholic
1354 product from the premises of the banquet[
1355 [
1356
1357 (ii) a patron at a banquet may not bring an alcoholic product into or onto[
1358
1359 (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at
1360 the banquet following the conclusion of the banquet.
1361 (b) At the conclusion of a banquet, an on-premise banquet licensee shall:
1362 (i) destroy an opened and unused alcoholic product that is not saleable, under
1363 conditions established by the department; and
1364 (ii) return to the on-premise banquet licensee's approved locked storage area any:
1365 (A) opened and unused alcoholic product that is saleable; and
1366 (B) unopened container of an alcoholic product.
1367 (c) Except as provided in Subsection (6)(b) with regard to an open or sealed container
1368 of an alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
1369 (i) shall store the alcoholic product in the on-premise banquet licensee's approved
1370 locked storage area; and
1371 (ii) may use the alcoholic product at more than one banquet.
1372 (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not
1373 employ a minor to sell, furnish, or dispense an alcoholic product in connection with the
1374 on-premise banquet licensee's banquet and room service activities.
1375 (8) An on-premise banquet licensee:
1376 (a) may provide room service in portions described in Section 32B-5-304;
1377 (b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
1378 connection with room service any day during a period that:
1379 (i) begins at 1 a.m.; and
1380 (ii) ends at 9:59 a.m.; and
1381 (c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
1382 product free of charge per guest reservation, per guest room, if the alcoholic product:
1383 (i) is not a spirituous liquor; and
1384 (ii) is in an unopened container not to exceed 750 milliliters.
1385 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
1386 more than two alcoholic products of any kind at a time before the patron.
1387 (b) A patron may not have more than one spirituous liquor drink at a time before the
1388 patron.
1389 (c) An individual portion of wine is considered to be one alcoholic product under
1390 Subsection (9)(a).
1391 (10) (a) An on-premise banquet licensee shall supervise and direct a person involved in
1392 the sale, offer for sale, or furnishing of an alcoholic product.
1393 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1394 shall complete an alcohol training and education seminar.
1395 (11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
1396 times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
1397 banquet.
1398 (12) (a) Room service of an alcoholic product to a guest room or privately owned
1399 dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise
1400 banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.
1401 (b) An alcoholic product may not be left outside a guest room or privately owned
1402 dwelling unit for retrieval by a guest or resident.
1403 (13) An on-premise banquet licensee may not maintain a minibar.
1404 Section 25. Section 32B-6-702 is amended to read:
1405 32B-6-702. Definitions.
1406 As used in this part:
1407 (1) "Commission-approved activity" means a leisure activity that:
1408 (a) the commission approves by rule made in accordance with Title 63G, Chapter 3,
1409 Utah Administrative Rulemaking Act; and
1410 (b) does not involve the use of a dangerous weapon.
1411 (2) (a) "Recreational amenity" means:
1412 (i) a billiard parlor;
1413 (ii) a pool parlor;
1414 (iii) a bowling facility;
1415 (iv) a golf course;
1416 (v) miniature golf;
1417 (vi) a golf driving range;
1418 (vii) a tennis club;
1419 (viii) a sports facility that hosts professional sporting events and has a seating capacity
1420 equal to or greater than [
1421 (ix) a concert venue that has a seating capacity equal to or greater than [
1422 (x) one of the following if owned by a government agency:
1423 (A) a convention center;
1424 (B) a fair facility;
1425 (C) an equestrian park;
1426 (D) a theater; or
1427 (E) a concert venue;
1428 (xi) an amusement park:
1429 (A) with one or more permanent amusement rides; and
1430 (B) located on at least 50 acres;
1431 (xii) a ski resort;
1432 (xiii) a venue for live entertainment if the venue:
1433 (A) is not regularly open for more than five hours on any day;
1434 (B) is operated so that food is available whenever beer is sold, offered for sale, or
1435 furnished at the venue; and
1436 (C) is operated so that no more than 15% of its total annual receipts are from the sale
1437 of beer;
1438 (xiv) concessions operated within the boundary of a park administered by the:
1439 (A) Division of State Parks; or
1440 (B) National Parks Service;
1441 (xv) a facility or venue that is a recreational amenity for a person licensed under this
1442 part before May 12, 2020;
1443 (xvi) a venue for karaoke; or
1444 (xvii) an enterprise developed around a commission-approved activity.
1445 (b) "Recreational amenity" does not include an item described in Subsection (2)(a), if
1446 the item is tangential to an enterprise or activity that is not included in Subsection (2)(a).
1447 Section 26. Section 32B-6-705 is amended to read:
1448 32B-6-705. Specific licensing requirements for on-premise beer retailer license.
1449 (1) To obtain an on-premise beer retailer license a person shall comply with Chapter 5,
1450 Part 2, Retail Licensing Process, except that an on-premise beer retailer is required to carry
1451 dramshop insurance coverage in accordance with Section 32B-5-201 only if the on-premise
1452 beer retailer sells more than $5,000 of beer annually.
1453 (2) (a) An on-premise beer retailer license expires on the last day of February each
1454 year.
1455 (b) To renew a person's on-premise beer retailer license, a person shall comply with the
1456 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January
1457 31.
1458 (3) (a) The nonrefundable application fee for an on-premise beer retailer license is
1459 $300.
1460 (b) (i) (A) The initial license fee for an on-premise beer retailer license that is not a
1461 tavern is $300.
1462 (B) The department shall prorate the $300 initial license fee for the period that begins
1463 the day on which the initial license fee is paid and ends the day on which the on-premise beer
1464 retailer license expires.
1465 (ii) (A) The initial license fee for an on-premise beer retailer license that is a tavern is
1466 $1,500.
1467 (B) The department shall prorate the $1,500 initial license fee for the period that begins
1468 the day on which the initial license fee is paid and ends the day on which the on-premise beer
1469 retailer license expires.
1470 (c) (i) The renewal fee for an on-premise beer retailer license that is not a tavern is
1471 $350.
1472 (ii) The renewal fee for an on-premise beer retailer license that is a tavern is $1,250.
1473 (4) The bond amount required for an on-premise beer retailer license is the penal sum
1474 of $5,000.
1475 (5) Notwithstanding the other provisions of this part, if an applicant is a state agency or
1476 political subdivision of the state it is not required to:
1477 (a) pay an application fee, initial license fee, or renewal fee;
1478 (b) obtain the written consent of the local authority;
1479 (c) submit a copy of the applicant's current business license; or
1480 (d) post a bond as specified by Section 32B-5-204.
1481 Section 27. Section 32B-6-804 is amended to read:
1482 32B-6-804. Specific licensing requirements for reception center license.
1483 (1) To obtain a reception center license a person shall comply with Chapter 5, Part 2,
1484 Retail Licensing Process.
1485 (2) (a) A reception center license expires on October 31 of each year.
1486 (b) To renew a person's reception center license, a person shall comply with the
1487 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1488 September 30.
1489 (3) (a) The nonrefundable application fee for a reception center license is $300.
1490 (b) (i) The initial license fee for a reception center license is $750.
1491 (ii) The department shall prorate the $750 initial license fee for the period that begins
1492 the day on which the initial license fee is paid and ends the day on which the reception center
1493 license expires.
1494 (c) The renewal fee for a reception center license is $750.
1495 (4) The bond amount required for a reception center license is the penal sum of
1496 $10,000.
1497 Section 28. Section 32B-6-902 is amended to read:
1498 32B-6-902. Definitions.
1499 (1) As used in this part:
1500 (a) (i) "Dining area" means an area in the licensed premises of a beer-only restaurant
1501 licensee that is primarily used for the service and consumption of food by one or more patrons.
1502 (ii) "Dining area" does not include a dispensing area.
1503 (b) (i) "Dispensing area" means an area in the licensed premises of a beer-only
1504 restaurant licensee where a dispensing structure is located and that:
1505 (A) is physically separated from the dining area and any waiting area by a structure or
1506 other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
1507 dispensing of beer;
1508 (B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the
1509 dining area and any waiting area to the nearest edge of the dispensing structure; or
1510 (C) is physically separated from the dining area and any waiting area by a permanent
1511 physical structure that complies with the provisions of Title 15A, State Construction and Fire
1512 Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act,
1513 measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to
1514 the nearest edge of the dispensing structure.
1515 (ii) "Dispensing area" does not include any area described in Subsection (1)(b)(i)(B)
1516 that is less than 10 feet from an area where beer is dispensed, but from which a patron seated at
1517 a table or counter cannot view the dispensing of beer.
1518 (c) "Small beer-only restaurant licensee" means a beer-only restaurant licensee [
1519
1520 available seating for patrons on the licensed premises, excluding outdoor seating:
1521 (i) when measured in accordance with Subsection (1)(b)(i)(B); and
1522 (ii) based on the licensee's floor plan on file with the department on July 1, 2017.
1523 (d) "Waiting area" includes a lobby.
1524 Section 29. Section 32B-6-904 is amended to read:
1525 32B-6-904. Specific licensing requirements for beer-only restaurant license.
1526 (1) To obtain a beer-only restaurant license a person shall comply with Chapter 5, Part
1527 2, Retail Licensing Process.
1528 (2) (a) A beer-only restaurant license expires the last day of February of each year.
1529 (b) To renew a person's beer-only restaurant license, a person shall comply with the
1530 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January
1531 31.
1532 (3) (a) The nonrefundable application fee for a beer-only restaurant license is $330.
1533 (b) (i) The initial license fee for a beer-only restaurant license is $825.
1534 (ii) The department shall prorate the $825 initial license fee for the period that begins
1535 the day on which the initial license fee is paid and ends the day on which the beer-only license
1536 expires.
1537 (c) The renewal fee for a beer-only restaurant license is $605.
1538 (4) The bond amount required for a beer-only restaurant license is the penal sum of
1539 $5,000.
1540 Section 30. Section 32B-6-1004 is amended to read:
1541 32B-6-1004. Specific licensing requirements for a hospitality amenity license.
1542 (1) To obtain a hospitality amenity license a person shall comply with Chapter 5, Part
1543 2, Retail Licensing Process.
1544 (2) (a) A hospitality amenity license expires on October 31 of each year.
1545 (b) To renew a person's hospitality amenity license, a person shall comply with the
1546 renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
1547 September 30.
1548 (3) (a) The nonrefundable application fee for a hospitality amenity license is $330.
1549 (b) (i) The initial license fee for a hospitality amenity license is $2,000.
1550 (ii) The department shall prorate the $2,000 initial license fee for the period that begins
1551 the day on which the initial license fee is paid and ends the day on which the hospitality
1552 amenity license expires.
1553 (c) The renewal fee for a hospitality amenity license is $1,000.
1554 (4) The bond amount required for a hospitality amenity license is the penal sum of
1555 $10,000.
1556 (5) Notwithstanding Subsection 32B-5-303(3), the commission may approve an
1557 additional location in or on the licensed premises of a hospitality amenity licensee from which
1558 the hospitality amenity licensee may store, sell, offer for sale, furnish, or allow the
1559 consumption of an alcoholic product that is not included in the person's original application
1560 only:
1561 (a) upon proper application by a hospitality amenity licensee; and
1562 (b) in accordance with guidelines the commission approves.
1563 Section 31. Section 32B-7-202 is amended to read:
1564 32B-7-202. General operational requirements for off-premise beer retailer.
1565 (1) (a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply
1566 with the provisions of this title and any applicable rules made by the commission.
1567 (b) Failure to comply with this section may result in a suspension or revocation of a
1568 local license and, on or after July 1, 2018, disciplinary action in accordance with Chapter 3,
1569 Disciplinary Actions and Enforcement Act.
1570 (2) (a) (i) An off-premise beer retailer may not purchase, acquire, possess for the
1571 purpose of resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases
1572 from:
1573 (A) a beer wholesaler licensee; or
1574 (B) a small brewer that manufactures the beer.
1575 (ii) A violation of Subsection (2)(a) is a class A misdemeanor.
1576 (b) (i) If an off-premise beer retailer purchases beer under this Subsection (2) from a
1577 beer wholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer
1578 wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
1579 in which the off-premise beer retailer is located, unless an alternate wholesaler is authorized by
1580 the department to sell to the off-premise beer retailer as provided in Section 32B-13-301.
1581 (ii) A violation of Subsection (2)(b) is a class B misdemeanor.
1582 (3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
1583 container larger than two liters.
1584 (4) (a) Staff of an off-premise beer retailer, while on duty, may not:
1585 (i) consume an alcoholic product; or
1586 (ii) be intoxicated.
1587 (b) A minor may not sell beer on the licensed premises of an off-premise beer retailer
1588 unless:
1589 (i) the sale is done under the supervision of a person 21 years old or older who is on the
1590 licensed premises; and
1591 (ii) the minor is at least 16 years old.
1592 (5) An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic
1593 product to:
1594 (a) a minor;
1595 (b) a person actually, apparently, or obviously intoxicated;
1596 (c) a known interdicted person; or
1597 (d) a known habitual drunkard.
1598 (6) (a) Subject to the other provisions of this Subsection (6), an off-premise beer
1599 retailer shall:
1600 (i) display all beer accessible by and visible to a patron in no more than two locations
1601 on the retail sales floor, each of which is:
1602 (A) a display cabinet, cooler, aisle, floor display, or room where beer is the only
1603 beverage displayed; and
1604 (B) not adjacent to a display of nonalcoholic beverages, unless the location is a cooler
1605 with a door from which the nonalcoholic beverages are not accessible, or the beer is separated
1606 from the display of nonalcoholic beverages by a display of one or more nonbeverage products
1607 or another physical divider; and
1608 (ii) display a sign in the area described in Subsection (6)(a)(i) that:
1609 (A) is prominent;
1610 (B) is easily readable by a consumer;
1611 (C) meets the requirements for format established by the commission by rule; and
1612 (D) reads in print that is no smaller than .5 inches, bold type, "These beverages contain
1613 alcohol. Please read the label carefully."
1614 (b) Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer
1615 if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
1616 (c) The requirements of this Subsection (6) apply to beer notwithstanding that it is
1617 labeled, packaged, or advertised as:
1618 (i) a malt cooler; or
1619 (ii) a beverage that may provide energy.
1620 (d) A violation of this Subsection (6) is an infraction.
1621 (e) (i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection (6)(a)(i)
1622 apply on and after May 9, 2017.
1623 (ii) For a beer retailer that operates two or more off-premise beer retailers, the
1624 provisions of Subsection (6)(a)(i) apply on and after August 1, 2017.
1625 (7) (a) Staff of an off-premise beer retailer who directly supervises the sale of beer or
1626 who sells beer to a patron for consumption off the premises of the off-premise beer retailer
1627 shall wear a unique identification badge:
1628 (i) on the front of the staff's clothing;
1629 (ii) visible above the waist;
1630 (iii) bearing the staff's:
1631 (A) first or last name;
1632 (B) initials; or
1633 (C) unique identification in letters or numbers; and
1634 (iv) with the number or letters on the unique identification badge being sufficiently
1635 large to be clearly visible and identifiable while engaging in or directly supervising the retail
1636 sale of beer.
1637 (b) An off-premise beer retailer shall make and maintain a record of each current staff's
1638 unique identification badge assigned by the off-premise beer retailer that includes the staff's:
1639 (i) full name;
1640 (ii) address; and
1641 (iii) (A) driver license number; or
1642 (B) similar identification number.
1643 (c) An off-premise beer retailer shall make available a record required to be made or
1644 maintained under this Subsection (7) for immediate inspection by:
1645 (i) a peace officer;
1646 (ii) a representative of the local authority that issues the off-premise beer retailer
1647 license; or
1648 (iii) for an off-premise beer retailer state license, a representative of the commission or
1649 department.
1650 (d) A local authority may impose a fine of up to $250 against an off-premise beer
1651 retailer that does not comply or require its staff to comply with this Subsection (7).
1652 (8) (a) An off-premise beer retailer may sell, offer for sale, or furnish beer through a
1653 drive through window.
1654 (b) Subsection (8)(a) does not modify the display limitations and requirements
1655 described in Subsection (6).
1656 (9) An off-premise beer retailer may not on the licensed premises:
1657 (a) engage in or permit any form of:
1658 (i) gambling, as defined in Section 76-10-1101; or
1659 (ii) fringe gambling, as defined in Section 76-10-1101;
1660 (b) have any fringe gaming device, video gaming device, or gambling device or record
1661 as defined in Section 76-10-1101; or
1662 (c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
1663 the risking of something of value for a return or for an outcome when the return or outcome is
1664 based upon an element of chance, excluding the playing of an amusement device that confers
1665 only an immediate and unrecorded right of replay not exchangeable for value.
1666 (10) An off-premise beer retailer may not knowingly allow a person on the licensed
1667 premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or Chapter
1668 37a, Utah Drug Paraphernalia Act:
1669 (a) sell, distribute, possess, or use a controlled substance, as defined in Section
1670 58-37-2; or
1671 (b) use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
1672 Section 58-37a-3.
1673 (11) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
1674 intended to be frozen and consumed in a manner other than as a beverage, including beer in the
1675 form of a freeze pop, popsicle, ice cream, or sorbet.
1676 Section 32. Section 32B-8-102 is amended to read:
1677 32B-8-102. Definitions.
1678 As used in this chapter:
1679 (1) "Boundary of a resort building" means the physical boundary of the real property
1680 reasonably related to a resort building and any structure or improvement to that land as
1681 determined by the commission.
1682 (2) "Designated conveyance area" means a route within a hotel or resort:
1683 (a) that connects one or more of the following:
1684 (i) the premises of a sublicensed bar;
1685 (ii) the premises of a sublicensed hospitality amenity area;
1686 (iii) a sublicensed banquet premises; or
1687 (iv) a guest's room; and
1688 (b) that does not begin, end, or pass through a pool area or other recreation area, a
1689 designated business center, or a sublicensed premises not described in Subsection (2)(a).
1690 [
1691 (a) owned by one or more individuals;
1692 (b) that is used or designated for use as a residence by one or more persons; and
1693 (c) that may be rented, loaned, leased, or hired out for a period of no longer than 30
1694 consecutive days by a person who uses it for a residence.
1695 [
1696 by rule.
1697 [
1698 (a) owns a dwelling located within a resort building; or
1699 (b) rents lodging accommodations for 30 consecutive days or less from:
1700 (i) an owner of a dwelling described in Subsection [
1701 (ii) the resort licensee.
1702 [
1703 (a) on which is located one resort building; and
1704 (b) that is affiliated with a ski area that physically touches the boundary of the resort
1705 building.
1706 [
1707 (a) that is primarily operated to provide dwellings or lodging accommodations;
1708 (b) that has at least 150 units that consist of a dwelling or lodging accommodations;
1709 (c) that consists of at least 400,000 square feet:
1710 (i) including only the building itself; and
1711 (ii) not including areas such as above ground surface parking; and
1712 (d) of which at least 50% of the units described in Subsection [
1713 dwellings owned by a person other than the resort licensee.
1714 Section 33. Section 32B-8-201 is amended to read:
1715 32B-8-201. Commission's power to issue a resort license.
1716 (1) Before a person as a resort under a single license may store, sell, offer for sale,
1717 furnish, or allow the consumption of an alcoholic product on sublicense premises, the person
1718 shall first obtain a resort license from the commission in accordance with this part.
1719 (2) (a) The commission may issue to a person a resort license to allow the storage, sale,
1720 offer for sale, furnishing, and consumption of an alcoholic product in connection with a resort
1721 designated in the resort license if the person operates at least four sublicenses under the resort
1722 license.
1723 (b) A resort license shall:
1724 (i) consist of:
1725 (A) a general resort license; and
1726 (B) four or more sublicenses; and
1727 (ii) designate the boundary of the resort building, each sublicense, and each designated
1728 conveyance area.
1729 (c) This chapter does not prohibit an alcoholic product in or on the boundary of the
1730 resort building to the extent otherwise permitted by this title.
1731 (3) The commission may not issue a total number of resort licenses that at any time
1732 totals more than eight.
1733 Section 34. Section 32B-8-202 is amended to read:
1734 32B-8-202. Specific licensing requirements for resort license.
1735 (1) To obtain a resort license, in addition to complying with Chapter 5, Part 2, Retail
1736 Licensing Process, a person shall submit with the person's written application:
1737 (a) evidence:
1738 (i) of proximity of the resort building to any community location;
1739 (ii) that each proposed sublicensed premises is entirely within the boundaries of the
1740 resort building; and
1741 (iii) that the building designated in the application as the resort building qualifies as a
1742 resort building; [
1743 (b) a description and boundary map of the resort building[
1744 (c) a description, floor plan, and boundary map of each proposed designated
1745 conveyance area; and
1746 (d) a signed consent form stating that the resort licensee will permit any authorized
1747 representative of the commission or department, or any law enforcement officer, to have an
1748 unrestricted right to enter any proposed designated conveyance area.
1749 (2) (a) A resort license expires on October 31 of each year.
1750 (b) To renew a person's resort license, the person shall comply with the requirements of
1751 Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
1752 (3) (a) The nonrefundable application fee for a resort license is $300.
1753 (b) The initial license fee for a resort license is calculated as follows:
1754 (i) if four sublicenses are being applied for under the resort license, $10,000; or
1755 (ii) if more than four sublicenses are being applied for under the resort license, the sum
1756 of:
1757 (A) $10,000; and
1758 (B) $2,000 for each sublicense in excess of four sublicenses for which the person is
1759 applying.
1760 (c) The renewal fee for a resort license is $1,000 for each sublicense under the resort
1761 license.
1762 (4) (a) The bond amount required for a resort license is the penal sum of $25,000[
1763 covering each sublicense and each designated conveyance area under the resort license.
1764 (b) A resort licensee is not required to have a separate bond for each sublicense[
1765
1766
1767 (5) The commission may not issue a resort license for a resort building that does not
1768 meet the proximity requirements of Section 32B-1-202.
1769 (6) In accordance with Subsection 32B-8d-103(4), a resort licensee may request to add
1770 a sublicense after the commission issues the resort licensee's resort license.
1771 (7) (a) A resort licensee may request to add a designated conveyance area after the
1772 commission issues the resort licensee's resort license.
1773 (b) If a resort licensee seeks to add a designated conveyance area under Subsection
1774 (7)(a), the resort licensee shall submit to the department:
1775 (i) the information and evidence described in Subsections (1)(a)(iii), (1)(c), and (1)(d);
1776 and
1777 (ii) if the resort licensee is an entity, proper verification evidencing that the person who
1778 signs the submission is authorized to sign on behalf of the entity.
1779 Section 35. Section 32B-8-401 is amended to read:
1780 32B-8-401. Specific operational requirements for resort license.
1781 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1782 Requirements, a resort licensee, staff of the resort licensee, and a sublicensee or a person
1783 otherwise operating under a sublicense shall comply with this section.
1784 (b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a)
1785 may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and
1786 Enforcement Act, against:
1787 (i) the resort licensee;
1788 (ii) individual staff of the resort licensee;
1789 (iii) a sublicensee or person otherwise operating under a sublicense of the resort
1790 licensee;
1791 (iv) individual staff of a sublicensee or person otherwise operating under a sublicense
1792 of the resort licensee; or
1793 (v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).
1794 (2) (a) A resort licensee may not sell, offer for sale, or furnish an alcoholic product
1795 except:
1796 (i) on sublicensed premises;
1797 (ii) pursuant to a permit issued under this title;
1798 (iii) under a package agency agreement with the department, subject to Chapter 2, Part
1799 6, Package Agency; or
1800 (iv) through room service.
1801 (b) A resort licensee who sells, offers for sale, or furnishes an alcoholic product as
1802 provided in Subsection (2)(a), shall sell, offer for sale, or furnish the alcoholic product:
1803 (i) if on a sublicense premises, in accordance with the operational requirements
1804 described in Section 32B-8d-104;
1805 (ii) if under a permit issued under this title, in accordance with the operational
1806 requirements under the provisions applicable to the permit;
1807 (iii) if as a package agency, in accordance with the contract with the department and
1808 Chapter 2, Part 6, Package Agency; and
1809 (iv) if through room service, in accordance with Subsection [
1810 (3) A resort licensee shall operate in a manner so that at least 70% of the annual
1811 aggregate of the gross receipts related to the sale of food or beverages for the resort license and
1812 each of the resort licensee's sublicenses is from the sale of food, not including:
1813 (a) mix for an alcoholic product; and
1814 (b) a charge in connection with the service of an alcoholic product.
1815 (4) (a) A resort licensee shall supervise and direct a person involved in the sale, offer
1816 for sale, or furnishing of an alcoholic product under a resort license.
1817 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1818 under a resort license shall complete the alcohol training and education seminar.
1819 (5) (a) A resort licensee shall:
1820 (i) in accordance with commission rule, establish and maintain signage that clearly
1821 identifies each designated conveyance area and conspicuously states that a patron may not take
1822 an alcoholic beverage beyond the designated conveyance area except as otherwise provided in
1823 this chapter;
1824 (ii) ensure that an alcoholic beverage is not left unattended in a designated conveyance
1825 area; and
1826 (iii) ensure that each patron complies with the requirements of Subsection
1827 32B-8d-104(5)(b)(ii).
1828 [
1829 alcoholic product to a lodging accommodation of a resort licensee [
1830 [
1831 (b) An alcoholic product may not be left outside a lodging accommodation for retrieval
1832 by an occupant.
1833 Section 36. Section 32B-8b-102 is amended to read:
1834 32B-8b-102. Definitions.
1835 As used in this chapter:
1836 (1) "Boundary of a hotel" means the physical boundary of one or more contiguous
1837 parcels of real property owned or managed by the same person and on which a hotel is located.
1838 (2) "Designated conveyance area" means a route within a hotel or resort:
1839 (a) that connects one or more of the following:
1840 (i) the premises of a sublicensed bar;
1841 (ii) the premises of a sublicensed hospitality amenity area;
1842 (iii) a sublicensed banquet premises; or
1843 (iv) a guest's room; and
1844 (b) does not begin, end, or pass through a pool area or other recreation area, a
1845 designated business center, or a sublicensed premises not described in Subsection (2)(a).
1846 [
1847 (a) comprise a hotel, as defined by the commission;
1848 (b) are owned or managed by the same person or by a person who has a majority
1849 interest in or can direct or exercise control over the management or policy of the person who
1850 owns or manages any other building under the hotel license within the boundary of the hotel;
1851 (c) primarily operate to provide lodging accommodations;
1852 (d) have on-premise banquet space and provide on-premise banquet service within the
1853 boundary of the hotel meeting the requirements of this title;
1854 (e) have a restaurant or bar establishment within the boundary of the hotel meeting the
1855 requirements of this title; and
1856 (f) have at least 40 rooms as temporary sleeping accommodations for compensation.
1857 Section 37. Section 32B-8b-201 is amended to read:
1858 32B-8b-201. Commission's power to issue a hotel license.
1859 (1) Before a person as a hotel under a single license may store, sell, offer for sale,
1860 furnish, or allow the consumption of an alcoholic product on sublicense premises, the person
1861 shall first obtain a hotel license from the commission in accordance with this part.
1862 (2) (a) The commission may issue to a person a hotel license to allow the storage, sale,
1863 offer for sale, furnishing, and consumption of an alcoholic product in connection with a hotel
1864 designated in the hotel license if the person operates at least three sublicenses under the hotel
1865 license:
1866 (i) one of which is an on-premise banquet license; and
1867 (ii) one of which is:
1868 (A) a full-service restaurant sublicense;
1869 (B) a limited-service restaurant sublicense;
1870 (C) a beer-only restaurant sublicense; or
1871 (D) a bar establishment sublicense.
1872 (b) A hotel license shall:
1873 (i) consist of:
1874 (A) a general hotel license; and
1875 (B) three or more sublicenses meeting the requirements of Subsection (2)(a); and
1876 (ii) designate the boundary of the hotel [
1877 conveyance area.
1878 (c) This chapter does not prohibit an alcoholic product on the boundary of the hotel to
1879 the extent otherwise permitted by this title.
1880 (3) The commission may not issue a total number of hotel licenses that at any time
1881 totals more than 80.
1882 Section 38. Section 32B-8b-202 is amended to read:
1883 32B-8b-202. Specific licensing requirements for hotel license.
1884 (1) To obtain a hotel license, in addition to complying with Chapter 5, Part 2, Retail
1885 Licensing Process, a person shall submit with the person's written application:
1886 (a) evidence:
1887 (i) of proximity of each building under the hotel license to any community location;
1888 (ii) that each proposed sublicensed premises is entirely within the boundary of the
1889 hotel; and
1890 (iii) that each building designated in the application as a building under the hotel
1891 license qualifies to be under the hotel license; [
1892 (b) a description and boundary map of the hotel[
1893 (c) a description, floor plan, and boundary map of each proposed designated
1894 conveyance area; and
1895 (d) a signed consent form stating that the hotel licensee will permit any authorized
1896 representative of the commission or department, or any law enforcement officer, to have an
1897 unrestricted right to enter any proposed designated conveyance area.
1898 (2) (a) A hotel license expires on October 31 of each year.
1899 (b) To renew a person's hotel license, the person shall comply with the requirements of
1900 Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
1901 (3) (a) The nonrefundable application fee for a hotel license is $500.
1902 (b) The initial license fee for a hotel license is calculated as follows:
1903 (i) if three sublicenses are being applied for under the hotel license, $5,000; or
1904 (ii) if more than three sublicenses are being applied for under the hotel license, the sum
1905 of:
1906 (A) $5,000; and
1907 (B) $2,000 for each sublicense in excess of three sublicenses for which the person is
1908 applying.
1909 (c) The renewal fee for a hotel license is $1,000 for each sublicense under the hotel
1910 license.
1911 (4) (a) The bond amount required for a hotel license is the penal sum of $10,000,
1912 covering each sublicense and each designated conveyance area under the hotel license.
1913 (b) A hotel licensee is not required to have a separate bond for each sublicense[
1914
1915
1916 (5) The commission may not issue a hotel license that includes a building under the
1917 hotel license that does not meet the proximity requirements of Section 32B-1-202.
1918 (6) In accordance with Subsection 32B-8d-103(4), a hotel licensee may request to add a
1919 sublicense after the commission issues the hotel licensee's hotel license.
1920 (7) (a) A hotel licensee may request to add a designated conveyance area after the
1921 commission issues the hotel licensee's hotel license.
1922 (b) If a hotel licensee seeks to add a designated conveyance area under Subsection
1923 (7)(a), the hotel licensee shall submit to the department:
1924 (i) the information and evidence described in Subsections (1)(a)(iii), (1)(c), and (1)(d);
1925 and
1926 (ii) if the hotel licensee is an entity, proper verification evidencing that the person who
1927 signs the submission is authorized to sign on behalf of the entity.
1928 Section 39. Section 32B-8b-301 is amended to read:
1929 32B-8b-301. Specific operational requirements for hotel license.
1930 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1931 Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person
1932 otherwise operating under a sublicense shall comply with this section.
1933 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1934 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1935 (i) the hotel licensee;
1936 (ii) individual staff of the hotel licensee;
1937 (iii) a sublicensee or person otherwise operating under a sublicense of the hotel
1938 licensee;
1939 (iv) individual staff of a sublicensee or person otherwise operating under a sublicense
1940 of the hotel licensee; or
1941 (v) any combination of the persons listed in this Subsection (1)(b).
1942 (2) (a) A hotel licensee may not sell, offer for sale, or furnish an alcoholic product
1943 except:
1944 (i) on sublicensed premises;
1945 (ii) pursuant to a permit issued under this title;
1946 (iii) under a package agency agreement with the department, subject to Chapter 2, Part
1947 6, Package Agency; or
1948 (iv) through room service.
1949 (b) A hotel licensee who sells, offers for sale, or furnishes an alcoholic product as
1950 provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product:
1951 (i) if on sublicensed premises, in accordance with the operational requirements
1952 described in Section 32B-8d-104;
1953 (ii) if under a permit issued under this title, in accordance with the operational
1954 requirements under the provisions applicable to the permit;
1955 (iii) if as a package agency, in accordance with the contract with the department and
1956 Chapter 2, Part 6, Package Agency; and
1957 (iv) if through room service, in accordance with Subsection [
1958 (c) Notwithstanding the other provisions of this Subsection (2) and except as provided
1959 in Section 32B-8d-104, a hotel licensee may not permit a patron to carry an alcoholic product
1960 off the premises of a sublicense in violation of Section 32B-5-307 [
1961 under a permit, or off a designated conveyance area.
1962 (3) A hotel licensee shall supervise and direct a person involved in the sale, offer for
1963 sale, or furnishing of an alcoholic product under a hotel license.
1964 (4) (a) A hotel licensee shall:
1965 (i) in accordance with commission rule, establish and maintain signage that clearly
1966 identifies each designated conveyance area and conspicuously states that a patron may not take
1967 an alcoholic beverage beyond the designated conveyance area except as otherwise provided in
1968 this chapter;
1969 (ii) ensure that an alcoholic beverage is not left unattended in a designated conveyance
1970 area; and
1971 (iii) ensure that each patron complies with the requirements of Subsection
1972 32B-8d-104(5)(b)(ii).
1973 (b) In accordance with Subsection (2), a hotel licensee may not sell, offer for sale, or
1974 furnish an alcoholic product in a designated conveyance area.
1975 [
1976 alcoholic product to a lodging accommodation of a hotel licensee [
1977 [
1978 (b) An alcoholic product may not be left outside a lodging accommodation for retrieval
1979 by an occupant.
1980 [
1981 aggregate of the gross receipts related to the sale of food or beverages for the hotel license and
1982 each of the hotel license's sublicenses is from the sale of food, not including:
1983 (a) mix for an alcoholic product; and
1984 (b) a charge in connection with the service of an alcoholic product.
1985 Section 40. Section 32B-8d-104 is amended to read:
1986 32B-8d-104. General operational requirements for a sublicense.
1987 (1) Except as provided in Subsections (2) through [
1988 sublicense is subject to the operational requirements under the provisions applicable to the
1989 sublicense.
1990 (2) Notwithstanding a requirement in the provisions applicable to the sublicense, a
1991 person operating under the sublicense is not subject to a requirement that a certain percentage
1992 of the gross receipts for the sublicense be from the sale of food, except to the extent that the
1993 gross receipts for the sublicense are included in calculating the percentages under Subsections
1994 32B-8-401(3), [
1995 (3) Notwithstanding [
1996 [
1997 licensee's accompanying sublicenses, if the patron transports the beer from and to an area of
1998 each sublicensed premises:
1999 [
2000 [
2001 [
2002 otherwise operating under a sublicense of a hotel licensee or a resort licensee may transport an
2003 alcoholic beverage from and to sublicensed premises of the hotel license or resort license, if:
2004 [
2005 [
2006 [
2007 [
2008 [
2009 [
2010 [
2011 [
2012 [
2013 [
2014 which the type of alcoholic beverage that the individual staff carries is permitted; and
2015 [
2016 [
2017 [
2018 [
2019 [
2020 [
2021 may transport an alcoholic beverage between any of the following locations, if the patron
2022 lawfully obtained the alcoholic beverage on the premises of a sublicensee described in
2023 Subsections (5)(a)(i) through (iv) and complies with Subsection (5)(b):
2024 (i) a bar establishment sublicensee's sublicensed premises;
2025 (ii) a hospitality amenity sublicensee's sublicensed premises;
2026 (iii) an on-premise banquet sublicensee's sublicensed premises; and
2027 (iv) a guest room.
2028 (b) A patron may transport an alcoholic beverage in accordance with Subsection (5)(a)
2029 only if:
2030 (i) the patron travels exclusively within a designated conveyance area as defined in
2031 Section 32B-8-102 or 32B-8b-102; and
2032 (ii) the alcoholic beverage:
2033 (A) is not in the alcoholic beverage's original container; and
2034 (B) is in an opaque or solid color container that is readily identifiable as intended for
2035 use in a designated conveyance area.
2036 (6) Except as provided in Section 32B-8-502, for purposes of interpreting an
2037 operational requirement imposed by the provisions applicable to a sublicense:
2038 (a) a requirement imposed on a sublicensee or person operating under a sublicense
2039 applies to the principal licensee; and
2040 (b) a requirement imposed on staff of a sublicensee or person operating under a
2041 sublicense applies to staff of the principal licensee.
2042 Section 41. Section 32B-10-202 is amended to read:
2043 32B-10-202. Application for special use permit -- Qualifications.
2044 (1) To obtain a special use permit, a person shall submit to the department:
2045 (a) a written application in a form prescribed by the department;
2046 (b) a nonrefundable application fee, if required by the relevant part of this chapter
2047 applicable to the type of special use permit for which the person applies;
2048 (c) an initial permit fee:
2049 (i) if required by the relevant part of this chapter applicable to the type of special use
2050 permit for which the person applies; and
2051 (ii) that is refundable if a special use permit is not issued;
2052 (d) a one-time special use permit fee if required by a section of this chapter:
2053 (i) applicable to the type of special use permit for which the person applies; and
2054 (ii) that is refundable if a special use permit is not issued;
2055 (e) a statement of the purpose for which the person applies for the special use permit;
2056 (f) a description of the types of alcoholic product the person intends to use under
2057 authority of the special use permit;
2058 (g) written consent of the local authority;
2059 (h) if required, a bond as provided in Section 32B-10-205;
2060 (i) a floor plan of the immediate area within the premises in which the person proposes
2061 that an alcoholic product will be used, mixed, stored, sold, or consumed if required by the
2062 relevant part of this chapter applicable to the type of special use permit for which the person
2063 applies;
2064 (j) a signed consent form stating that the special use permittee will permit any
2065 authorized representative of the commission, department, or any other law enforcement officer
2066 to have unrestricted right to enter the special use permittee's premises;
2067 (k) if the person is an entity, proper verification evidencing that a person who signs the
2068 application is authorized to sign on behalf of the entity; and
2069 (l) any other information the commission or department may require.
2070 (2) (a) The commission may issue a special use permit only to a person who qualifies
2071 as follows:
2072 (i) the commission may issue a religious wine use permit to a religious organization;
2073 (ii) the commission may issue an industrial or manufacturing use permit to a person
2074 engaged in an industrial or manufacturing pursuit;
2075 (iii) the commission may issue a scientific or educational use permit to a person
2076 engaged in a scientific or educational pursuit; and
2077 (iv) the commission may issue a public service permit to:
2078 (A) an operator of an airline, railroad, or other public conveyance[
2079 (B) an entity with authorization from an international airport to establish and operate a
2080 hospitality room at the international airport.
2081 (b) The commission may not issue a special use permit to a person who is disqualified
2082 under Section 32B-1-304.
2083 (c) If a person to whom a special use permit is issued no longer possesses the
2084 qualifications required by this title for obtaining that special use permit, the commission may
2085 suspend or revoke that special use permit.
2086 Section 42. Section 32B-10-303 is amended to read:
2087 32B-10-303. Specific application and renewal requirements for public service
2088 permit.
2089 (1) To obtain a public service permit, in addition to complying with Section
2090 32B-10-202, a person shall submit to the department:
2091 (a) a statement of the total of regularly numbered flights, trains, buses, boats, or other
2092 types of public conveyance for which the person plans to use the special use permit;
2093 (b) a floor plan of any room or facility in which the person plans to establish a
2094 hospitality room; and
2095 (c) evidence of proximity of a proposed hospitality room to:
2096 (i) the arrival and departure area used by a person traveling on the person's airline,
2097 railroad, bus, boat, or other public conveyance[
2098 (ii) if the applicant is a person described in Subsection 32B-10-202(2)(a)(iv)(B), the
2099 arrival and departure area of another person's airline.
2100 (2) (a) The nonrefundable application fee for a public service permit is $75.
2101 (b) The initial permit fee for a public service permit is $250.
2102 (c) The bond amount required for a public service permittee is the penal sum of $1,000.
2103 (3) (a) To renew a public service permit, a person shall comply with Section
2104 32B-10-203.
2105 (b) (i) [
2106 service permit is $30 for each regularly numbered passenger airplane flight, passenger train,
2107 bus, boat, or any other regularly scheduled public conveyance upon which an alcoholic product
2108 is sold, offered for sale, or furnished.
2109 (ii) For an applicant described in Subsection 32B-10-202(2)(a)(iv)(B), the renewal fee
2110 for a public service permit is $5,000.
2111 Section 43. Section 32B-10-304 is amended to read:
2112 32B-10-304. Specific operational requirements for a public service permit.
2113 (1) (a) In addition to complying with Section 32B-10-206, a public service permittee
2114 and staff of the public service permittee shall comply with this section.
2115 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2116 in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2117 (i) a public service permittee;
2118 (ii) individual staff of a public service permittee; or
2119 (iii) both a public service permittee and staff of the public service permittee.
2120 (2) (a) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(A)
2121 whose public conveyances operate on an interstate basis may do the following:
2122 (i) purchase an alcoholic product outside of the state;
2123 (ii) bring an alcoholic product purchased outside of the state into the state; and
2124 (iii) sell, offer for sale, and furnish an alcoholic product purchased outside of the state
2125 to a passenger traveling on the public service permittee's public conveyance for consumption
2126 while en route on the public conveyance.
2127 (b) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(A) whose
2128 public conveyance operates solely within the state[
2129 (i) may sell, offer for sale, or furnish an alcoholic product to a passenger traveling on
2130 the public service permittee's public conveyance for consumption while en route on the public
2131 conveyance[
2132 (ii) shall purchase:
2133 [
2134 [
2135 (c) A public service permittee described in Subsection 32B-10-202(2)(a)(iv)(B):
2136 (i) may sell, offer for sale, or furnish an alcoholic product to a patron at the public
2137 service permittee's hospitality room; and
2138 (ii) shall purchase:
2139 (A) liquor from a state store or package agency; and
2140 (B) beer from a beer wholesaler licensee.
2141 (3) (a) A public service permittee may establish a hospitality room, if:
2142 (i) (A) the room is located within a depot, terminal, or similar facility adjacent to and
2143 servicing the public service permittee's airline, railroad, bus, boat, or other public conveyance;
2144 or
2145 (B) the room is located within a terminal at an international airport and servicing
2146 another public service permittee's airline;
2147 (ii) the room is completely enclosed and the interior is not visible to the public;
2148 (iii) the sale, offer for sale, or furnishing of an alcoholic product is made only to a
2149 person:
2150 (A) then in transit using the public service permittee's airline, railroad, bus line, or
2151 other public conveyance or, for a public service permittee described in Subsection (2), another
2152 public service permittee's airline; and
2153 (B) holding a valid boarding pass or similar travel document issued by [
2154 service permittee; and
2155 (iv) (A) liquor is purchased from:
2156 (I) a state store; or
2157 (II) a package agency; and
2158 (B) beer is purchased from a beer wholesaler licensee.
2159 (b) (i) A public service permittee operating a hospitality room shall display in a
2160 prominent place in the hospitality room, a sign in large letters that consists of text in the
2161 following order:
2162 (A) a header that reads: "WARNING";
2163 (B) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
2164 can cause birth defects and permanent brain damage for the child.";
2165 (C) a statement in smaller font that reads: "Call the Utah Department of Health at
2166 [insert most current toll-free number] with questions or for more information.";
2167 (D) a header that reads: "WARNING"; and
2168 (E) a warning statement that reads: "Driving under the influence of alcohol or drugs is
2169 a serious crime that is prosecuted aggressively in Utah."
2170 (ii) (A) The text described in Subsections (3)(b)(i)(A) through (C) shall be in a
2171 different font style than the text described in Subsections (3)(b)(i)(D) and (E).
2172 (B) The warning statements in the sign described in Subsection (3)(b)(i) shall be in the
2173 same font size.
2174 (iii) The Department of Health shall work with the commission and department to
2175 facilitate consistency in the format of a sign required under this section.
2176 (c) A hospitality room shall be operated in accordance with this chapter and rules
2177 adopted by the commission.
2178 Section 44. Section 32B-15-201 is amended to read:
2179 32B-15-201. Liability for injuries and damage resulting from distribution of
2180 alcoholic products -- Prima facie evidence.
2181 (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in
2182 Subsection (1)(b) is liable for:
2183 (i) any and all injury and damage, except punitive damages to:
2184 (A) a third person; or
2185 (B) the heir, as defined in Section 78B-3-105, of the third person; or
2186 (ii) the death of a third person.
2187 (b) A person is liable under Subsection (1)(a) if:
2188 (i) the person directly gives, sells, or otherwise provides an alcoholic product:
2189 (A) to a person described in Subsection (1)(b)(ii); and
2190 (B) as part of the commercial sale, storage, service, manufacture, distribution, or
2191 consumption of an alcoholic product;
2192 (ii) those actions cause the intoxication of:
2193 (A) an individual under 21 years old;
2194 (B) an individual who is apparently under the influence of an alcoholic product or
2195 drug;
2196 (C) an individual whom the person furnishing the alcoholic product knew or should
2197 have known from the circumstances was under the influence of an alcoholic product or drug; or
2198 (D) an individual who is a known interdicted person; and
2199 (iii) the injury or death described in Subsection (1)(a) results from the intoxication of
2200 the individual who is provided the alcoholic product.
2201 (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an
2202 injury or death that results from the intoxication of an individual described in Subsection
2203 (1)(b)(ii)(B) or (C) if:
2204 (i) the person directly gives, sells, or otherwise provides the individual the last
2205 alcoholic product the individual consumes before the injury or death described in Subsection
2206 (1)(b)(iii);
2207 (ii) the individual consumes the alcoholic product at the location where the person
2208 directly gives, sells, or otherwise provides the individual the alcoholic product;
2209 (iii) the injury or death occurs within 30 minutes after the time at which the individual
2210 leaves, and within a 10 mile radius of, the location where the person gives, sells, or otherwise
2211 provides the individual the alcoholic product; and
2212 (iv) (A) the individual is charged with [
2213
2214 described in Subsection 41-6a-501(2)(a); or
2215 (B) if the individual dies as a result of the event that caused the injury or death, a
2216 subsequent chemical test shows that the individual had a blood alcohol concentration of .05
2217 grams or greater at the time of the test.
2218 (2) (a) A person 21 years old or older who is described in Subsection (2)(b) is liable
2219 for:
2220 (i) any and all injury and damage, except punitive damages to:
2221 (A) a third person; or
2222 (B) the heir, as defined in Section 78B-3-105, of the third person; or
2223 (ii) the death of the third person.
2224 (b) A person is liable under Subsection (2)(a) if:
2225 (i) the person directly gives or otherwise provides an alcoholic product to an individual
2226 who the person knows or should have known is under 21 years old;
2227 (ii) those actions caused the intoxication of the individual provided the alcoholic
2228 product;
2229 (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
2230 the individual who is provided the alcoholic product; and
2231 (iv) the person is not liable under Subsection (1), because the person did not directly
2232 give or provide the alcoholic product as part of the commercial sale, storage, service,
2233 manufacture, distribution, or consumption of an alcoholic product.
2234 (3) This section does not apply to a business licensed in accordance with Chapter 7,
2235 Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.
2236 Section 45. Section 41-6a-531 is enacted to read:
2237 41-6a-531. Access to DUI investigative reports.
2238 (1) As used in this section:
2239 (a) "Agent" means a person's attorney that has been formally engaged.
2240 (b) "DUI investigative report" means all materials that a peace officer gathers as part of
2241 investigating an offense described in Subsection 41-6a-501 including:
2242 (i) the identity of witnesses and, if known, contact information;
2243 (ii) witness statements;
2244 (iii) photographs and videotapes;
2245 (iv) diagrams;
2246 (v) field notes;
2247 (vi) test results; and
2248 (vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation
2249 report.
2250 (2) (a) Upon request, a law enforcement agency shall disclose an unredacted DUI
2251 investigative report to:
2252 (i) a person who suffers loss or injury related to the person's actions that gave rise to
2253 the investigation; or
2254 (ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).
2255 (b) A law enforcement agency responding to a request under Subsection (2)(a) may:
2256 (i) withhold a portion of the DUI investigative report if disclosure would materially
2257 prejudice an ongoing criminal investigation or criminal prosecution;
2258 (ii) redact or withhold any privileged information;
2259 (iii) redact an individual's phone number or address, if disclosure of the individual's
2260 phone number or address may endanger an individual's physical safety; or
2261 (iv) provide the DUI investigative report subject to an agreement that limits the
2262 recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil
2263 claim related to the incident.
2264 (3) A law enforcement agency may charge a reasonable fee to cover the cost incurred
2265 by disclosing a DUI investigative report in accordance with this section.
2266 Section 46. Section 53-28-101 is enacted to read:
2267
2268 53-28-101. Definitions.
2269 (1) "Alcohol-related law enforcement officer" means the same as that term is defined in
2270 Section 32B-1-201.
2271 (2) "Alcohol-related traffic stop" means a traffic stop that results in an individual being
2272 arrested for an offense described in Subsection 41-6a-501(2)(a) related to alcohol.
2273 (3) "Alcoholic beverage" means the same as that term is defined in Section 32B-1-102.
2274 (4) "Place of last drink" means the location where an individual obtains and consumes
2275 the last alcoholic beverage before the individual is the subject of an alcohol-related traffic stop.
2276 (5) "Retail licensee" means the same as that term is defined in Section 32B-1-102.
2277 Section 47. Section 53-28-102 is enacted to read:
2278 53-28-102. Place of last drink reporting requirements.
2279 (1) The department shall establish a program in accordance with this chapter to:
2280 (a) identify when an individual's place of last drink is a retail licensee; and
2281 (b) efficiently share information with alcohol-related law enforcement officers about
2282 each retail licensee that is an individual's place of last drink for the purpose of allowing the
2283 alcohol-related law enforcement officers to investigate a possible violation of Section
2284 32B-5-306.
2285 (2) In developing the program described in this section, the department shall coordinate
2286 with and take input from the Department of Alcoholic Beverage Services created in Section
2287 32B-2-203.
2288 (3) Before November 1, 2025, the department shall provide a written report to the
2289 Criminal Justice and Law Enforcement Interim Committee that describes how the department
2290 implemented the program, the extent to which the program accomplishes the objectives
2291 described in Subsection (1), and any planned or recommended changes.
2292 Section 48. Section 59-15-101 is amended to read:
2293 59-15-101. Tax basis -- Rate.
2294 (1) As used in this chapter, "beer" means:
2295 (a) beer as defined in Section 32B-1-102; or
2296 (b) heavy beer as defined in Section 32B-1-102.
2297 (2) (a) A tax is imposed at the rate specified in [
2298
2299 sale, use, or distribution in this state.
2300 [
2301 [
2302 [
2303 [
2304 [
2305 [
2306 [
2307 (b) The rate of the tax imposed under this Subsection (2) is:
2308 (i) $13.10 per 31-gallon barrel for beer imported or manufactured before July 1, 2024;
2309 (ii) $13.35 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2310 2024, and before July 1, 2025;
2311 (iii) $13.60 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2312 2025, and before July 1, 2026;
2313 (iv) $13.85 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2314 2026, and before July 1, 2027; and
2315 (v) $14.10 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2316 2027.
2317 (c) The tax imposed under this Subsection [
2318 (i) shall be imposed at a proportionate rate for:
2319 (A) any quantity of beer other than a 31-gallon barrel; or
2320 (B) the fractional parts of a 31-gallon barrel; and
2321 (ii) may not be imposed more than once on the same beer.
2322 [
2323 (a) sold to the United States and its agencies; or
2324 (b) (i) manufactured or imported for sale, use, or distribution outside the state; and
2325 (ii) exported from the state.
2326 Section 49. Section 59-15-109 is amended to read:
2327 59-15-109. Commission to deposit beer tax revenue.
2328 (1) [
2329
2330 Subsections (2) and (3), the commission shall deposit revenue collected under this chapter as
2331 follows:
2332 (a) the greater of the following shall be deposited into the Alcoholic Beverage
2333 Enforcement and Treatment Restricted Account created in Section 32B-2-403:
2334 (i) an amount calculated by:
2335 (A) determining an amount equal to 50% of the revenue collected for the fiscal year
2336 two years preceding the fiscal year for which the deposit is made; and
2337 (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
2338 (ii) $4,350,000; and
2339 (b) the revenue collected in excess of the amount deposited in accordance with
2340 Subsection (1)(a) shall be deposited into the General Fund.
2341 (2) The [
2342 Enforcement and Treatment Restricted Account created in Section 32B-2-403 an amount equal
2343 to the amount of revenue generated in the current fiscal year by the portion of the tax imposed
2344 under Section 59-15-101 that [
2345 [
2346 [
2347 [
2348 (a) $0.30 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2349 2003; and
2350 (b) a proportionate rate to the rate described in Subsection (2)(a) for:
2351 (i) any quantity of beer other than a 31-gallon barrel; or
2352 (ii) the fractional parts of a 31-gallon barrel.
2353 (3) Beginning fiscal year 2024-25, the commission shall annually deposit into the
2354 Alcoholic Beverage Control Act Enforcement Fund created in Section 32B-2-305 an amount
2355 equal to the amount of revenue generated in the current fiscal year by the portion of the tax
2356 imposed under Section 59-15-101 that exceeds:
2357 (a) $13.10 per 31-gallon barrel for beer imported or manufactured on or after July 1,
2358 2024; and
2359 (b) a proportionate rate to the rate described in Subsection (3)(a) for:
2360 (i) any quantity of beer other than a 31-gallon barrel; or
2361 (ii) the fractional parts of a 31-gallon barrel.
2362 [
2363 (4)(b) not later than the September 1 preceding the fiscal year of the deposit of:
2364 (i) the amount of the proceeds of the beer excise tax collected in accordance with this
2365 section for the fiscal year two years preceding the fiscal year of deposit; and
2366 (ii) an amount equal to 50% of the amount listed in Subsection [
2367 (b) The notification required by Subsection [
2368 (i) the Governor's Office of Planning and Budget; and
2369 (ii) the Legislative Fiscal Analyst.
2370 Section 50. Section 63I-2-232 is amended to read:
2371 63I-2-232. Repeal dates: Title 32B.
2372 (1) Subsection 32B-1-603.5(7), regarding the Department of Alcoholic Beverage
2373 Services' review of beer that is sold or distributed in the state, is repealed December 31, 2024.
2374 (2) Subsection 32B-2-205(4), which creates a workgroup to make recommendations
2375 regarding training and recordkeeping for certain cash transactions, is repealed January 1, 2025.
2376 Section 51. Repealer.
2377 This bill repeals:
2378 Section 32B-2-210, Alcoholic Beverage Services Advisory Board.
2379 Section 52. Effective date.
2380 This bill takes effect on May 1, 2024.