Enrolled Copy H.B. 247
1 ALCOHOL CONTROL AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: Scott D. Sandall
6
7LONG TITLE
8General Description:
9 This bill modifies the Alcoholic Beverage Control Act.
10Highlighted Provisions:
11 This bill:
12 <modifies definitions;
13 <provides a penalty for altering, destroying, or concealing certain records that are
14relevant to an official proceeding under the Alcoholic Beverage Control Act;
15 <requires certain licensees under the Alcoholic Beverage Control Act to, after
16receiving notice of a certain civil or criminal action, retain records relevant to the
17action;
18 <describes the circumstances under which there is prima facie evidence that a person
19is liable for an injury or death that results from the intoxication of another
20individual; and
21 <makes technical changes.
22Money Appropriated in this Bill:
23 None
24Other Special Clauses:
25 None
26Utah Code Sections Affected:
27AMENDS:
28 32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
29 32B-4-505, as last amended by Laws of Utah 2019, Chapter 189 H.B. 247 Enrolled Copy
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30 32B-5-202, as last amended by Laws of Utah 2022, Chapter 447
31 32B-5-302, as enacted by Laws of Utah 2010, Chapter 276
32 32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
33 32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
34 32B-6-406, as last amended by Laws of Utah 2020, Chapter 219
35 32B-6-605, as last amended by Laws of Utah 2022, Chapter 447
36 32B-6-706, as last amended by Laws of Utah 2022, Chapter 447
37 32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
38 32B-6-1005, as last amended by Laws of Utah 2022, Chapter 447
39 32B-15-201, as enacted by Laws of Utah 2010, Chapter 276
40
41Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 32B-1-102 is amended to read:
43 32B-1-102. Definitions.
44 As used in this title:
45 (1) "Airport lounge" means a business location:
46 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
47 (b) that is located at an international airport.
48 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
49Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
50 (3) "Alcoholic beverage" means the following:
51 (a) beer; or
52 (b) liquor.
53 (4) (a) "Alcoholic product" means a product that:
54 (i) contains at least .5% of alcohol by volume; and
55 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
56process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
57in an amount equal to or greater than .5% of alcohol by volume. Enrolled Copy H.B. 247
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58 (b) "Alcoholic product" includes an alcoholic beverage.
59 (c) "Alcoholic product" does not include any of the following common items that
60otherwise come within the definition of an alcoholic product:
61 (i) except as provided in Subsection (4)(d), an extract;
62 (ii) vinegar;
63 (iii) preserved nonintoxicating cider;
64 (iv) essence;
65 (v) tincture;
66 (vi) food preparation; or
67 (vii) an over-the-counter medicine.
68 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
69when it is used as a flavoring in the manufacturing of an alcoholic product.
70 (5) "Alcohol training and education seminar" means a seminar that is:
71 (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
72 (b) described in Section 62A-15-401.
73 (6) "Arena" means an enclosed building:
74 (a) that is managed by:
75 (i) the same person who owns the enclosed building;
76 (ii) a person who has a majority interest in each person who owns or manages a space
77in the enclosed building; or
78 (iii) a person who has authority to direct or exercise control over the management or
79policy of each person who owns or manages a space in the enclosed building;
80 (b) that operates as a venue; and
81 (c) that has an occupancy capacity of at least 12,500.
82 (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
83License Act, and Chapter 8c, Arena License Act.
84 (8) "Banquet" means an event:
85 (a) that is a private event or a privately sponsored event; H.B. 247 Enrolled Copy
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86 (b) that is held at one or more designated locations approved by the commission in or
87on the premises of:
88 (i) a hotel;
89 (ii) a resort facility;
90 (iii) a sports center;
91 (iv) a convention center;
92 (v) a performing arts facility; or
93 (vi) an arena;
94 (c) for which there is a contract:
95 (i) between a person operating a facility listed in Subsection (8)(b) and another person
96that has common ownership of less than 20% with the person operating the facility; and
97 (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
98provide an alcoholic product at the event; and
99 (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
100 (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
1015, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
102 (b) "Bar establishment license" includes:
103 (i) a dining club license;
104 (ii) an equity license;
105 (iii) a fraternal license; or
106 (iv) a bar license.
107 (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
108Act, and Chapter 6, Part 4, Bar Establishment License.
109 (11) (a) "Beer" means a product that:
110 (i) contains:
111 (A) at least .5% of alcohol by volume; and
112 (B) no more than 5% of alcohol by volume or 4% by weight;
113 (ii) is obtained by fermentation, infusion, or decoction of: Enrolled Copy H.B. 247
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114 (A) malt; or
115 (B) a malt substitute; and
116 (iii) is clearly marketed, labeled, and identified as:
117 (A) beer;
118 (B) ale;
119 (C) porter;
120 (D) stout;
121 (E) lager;
122 (F) a malt;
123 (G) a malted beverage; or
124 (H) seltzer.
125 (b) "Beer" may contain:
126 (i) hops extract; or
127 (ii) caffeine, if the caffeine is a natural constituent of an added ingredient.
128 (c) "Beer" does not include:
129 (i) a flavored malt beverage;
130 (ii) a product that contains alcohol derived from:
131 (A) spirituous liquor; or
132 (B) wine; or
133 (iii) a product that contains an additive masking or altering a physiological effect of
134alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
135 (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
1365, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
137 (13) "Beer retailer" means a business that:
138 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
139for consumption on or off the business premises; and
140 (b) is licensed as:
141 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer H.B. 247 Enrolled Copy
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142Retailer Local Authority; or
143 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
144Chapter 6, Part 7, On-Premise Beer Retailer License.
145 (14) "Beer wholesaling license" means a license:
146 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
147 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
148retail licensees or off-premise beer retailers.
149 (15) "Billboard" means a public display used to advertise, including:
150 (a) a light device;
151 (b) a painting;
152 (c) a drawing;
153 (d) a poster;
154 (e) a sign;
155 (f) a signboard; or
156 (g) a scoreboard.
157 (16) "Brewer" means a person engaged in manufacturing:
158 (a) beer;
159 (b) heavy beer; or
160 (c) a flavored malt beverage.
161 (17) "Brewery manufacturing license" means a license issued in accordance with
162Chapter 11, Part 5, Brewery Manufacturing License.
163 (18) "Certificate of approval" means a certificate of approval obtained from the
164department under Section 32B-11-201.
165 (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
166a bus company to a group of persons pursuant to a common purpose:
167 (a) under a single contract;
168 (b) at a fixed charge in accordance with the bus company's tariff; and
169 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other Enrolled Copy H.B. 247
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170motor vehicle, and a driver to travel together to one or more specified destinations.
171 (20) "Church" means a building:
172 (a) set apart for worship;
173 (b) in which religious services are held;
174 (c) with which clergy is associated; and
175 (d) that is tax exempt under the laws of this state.
176 (21) "Commission" means the Alcoholic Beverage Services Commission created in
177Section 32B-2-201.
178 (22) "Commissioner" means a member of the commission.
179 (23) "Community location" means:
180 (a) a public or private school;
181 (b) a church;
182 (c) a public library;
183 (d) a public playground; or
184 (e) a public park.
185 (24) "Community location governing authority" means:
186 (a) the governing body of the community location; or
187 (b) if the commission does not know who is the governing body of a community
188location, a person who appears to the commission to have been given on behalf of the
189community location the authority to prohibit an activity at the community location.
190 (25) "Container" means a receptacle that contains an alcoholic product, including:
191 (a) a bottle;
192 (b) a vessel; or
193 (c) a similar item.
194 (26) "Controlled group of manufacturers" means as the commission defines by rule
195made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
196 (27) "Convention center" means a facility that is:
197 (a) in total at least 30,000 square feet; and H.B. 247 Enrolled Copy
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198 (b) otherwise defined as a "convention center" by the commission by rule.
199 (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
200where seating is provided to a patron for service of food.
201 (b) "Counter" does not include a dispensing structure.
202 (29) "Crime involving moral turpitude" is as defined by the commission by rule.
203 (30) "Department" means the Department of Alcoholic Beverage Services created in
204Section 32B-2-203.
205 (31) "Department compliance officer" means an individual who is:
206 (a) an auditor or inspector; and
207 (b) employed by the department.
208 (32) "Department sample" means liquor that is placed in the possession of the
209department for testing, analysis, and sampling.
210 (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
211License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
212commission as a dining club license.
213 (34) "Director," unless the context requires otherwise, means the director of the
214department.
215 (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
216title:
217 (a) against a person subject to administrative action; and
218 (b) that is brought on the basis of a violation of this title.
219 (36) (a) Subject to Subsection (36)(b), "dispense" means:
220 (i) drawing an alcoholic product; and
221 (ii) using the alcoholic product at the location from which it was drawn to mix or
222prepare an alcoholic product to be furnished to a patron of the retail licensee.
223 (b) The definition of "dispense" in this Subsection (36) applies only to:
224 (i) a full-service restaurant license;
225 (ii) a limited-service restaurant license; Enrolled Copy H.B. 247
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226 (iii) a reception center license;
227 (iv) a beer-only restaurant license;
228 (v) a bar license;
229 (vi) an on-premise beer retailer;
230 (vii) an airport lounge license;
231 (viii) an on-premise banquet license; and
232 (ix) a hospitality amenity license.
233 (37) "Dispensing structure" means a surface or structure on a licensed premises:
234 (a) where an alcoholic product is dispensed; or
235 (b) from which an alcoholic product is served.
236 (38) "Distillery manufacturing license" means a license issued in accordance with
237Chapter 11, Part 4, Distillery Manufacturing License.
238 (39) "Distressed merchandise" means an alcoholic product in the possession of the
239department that is saleable, but for some reason is unappealing to the public.
240 (40) "Equity license" means a license issued in accordance with Chapter 5, Retail
241License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
242commission as an equity license.
243 (41) "Event permit" means:
244 (a) a single event permit; or
245 (b) a temporary beer event permit.
246 (42) "Exempt license" means a license exempt under Section 32B-1-201 from being
247considered in determining the total number of retail licenses that the commission may issue at
248any time.
249 (43) (a) "Flavored malt beverage" means a beverage:
250 (i) that contains at least .5% alcohol by volume;
251 (ii) for which the producer is required to file a formula for approval with the federal
252Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
253is treated by processing, filtration, or another method of manufacture that is not generally H.B. 247 Enrolled Copy
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254recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
255liquor; and
256 (iii) for which the producer is required to file a formula for approval with the federal
257Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
258includes an ingredient containing alcohol.
259 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
260 (44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
261License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
262commission as a fraternal license.
263 (45) "Full-service restaurant license" means a license issued in accordance with
264Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
265 (46) (a) "Furnish" means by any means to provide with, supply, or give an individual
266an alcoholic product, by sale or otherwise.
267 (b) "Furnish" includes to:
268 (i) serve;
269 (ii) deliver; or
270 (iii) otherwise make available.
271 (47) "Guest" means an individual who meets the requirements of Subsection
27232B-6-407(9).
273 (48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
274 (49) "Health care practitioner" means:
275 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
276 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
277 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
278 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
279Act;
280 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
281Nurse Practice Act; Enrolled Copy H.B. 247
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282 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
283Practice Act;
284 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
285Therapy Practice Act;
286 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
287 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
288Professional Practice Act;
289 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
290 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
291Practice Act;
292 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
293Hygienist Practice Act; and
294 (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
295Assistant Act.
296 (50) (a) "Heavy beer" means a product that:
297 (i) contains more than 5% alcohol by volume; and
298 (ii) is obtained by fermentation, infusion, or decoction of:
299 (A) malt; or
300 (B) a malt substitute.
301 (b) "Heavy beer" is considered liquor for the purposes of this title.
302 (51) "Hospitality amenity license" means a license issued in accordance with Chapter
3035, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
304 (52) (a) "Hotel" means a commercial lodging establishment that:
305 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
306 (ii) is capable of hosting conventions, conferences, and food and beverage functions
307under a banquet contract; and
308 (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
309meals; H.B. 247 Enrolled Copy
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310 (B) has at least 1,000 square feet of function space consisting of meeting or dining
311rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
312 (C) if the establishment is located in a small or unincorporated locality, has an
313appropriate amount of function space consisting of meeting or dining rooms that can be
314reserved for private use under a banquet contract, as determined by the commission.
315 (b) "Hotel" includes a commercial lodging establishment that:
316 (i) meets the requirements under Subsection (52)(a); and
317 (ii) has one or more privately owned dwelling units.
318 (53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
319License Act, and Chapter 8b, Hotel License Act.
320 (54) "Identification card" means an identification card issued under Title 53, Chapter 3,
321Part 8, Identification Card Act.
322 (55) "Industry representative" means an individual who is compensated by salary,
323commission, or other means for representing and selling an alcoholic product of a
324manufacturer, supplier, or importer of liquor.
325 (56) "Industry representative sample" means liquor that is placed in the possession of
326the department for testing, analysis, and sampling by a local industry representative on the
327premises of the department to educate the local industry representative of the quality and
328characteristics of the product.
329 (57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
330of an alcoholic product is prohibited by:
331 (a) law; or
332 (b) court order.
333 (58) "International airport" means an airport:
334 (a) with a United States Customs and Border Protection office on the premises of the
335airport; and
336 (b) at which international flights may enter and depart.
337 (59) "Intoxicated" or "intoxication" means that [a person:] an individual [(a) is Enrolled Copy H.B. 247
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338significantly impaired as to the person's mental or physical functions] exhibits plain and easily
339observable outward manifestations of behavior or physical signs produced by or as a result of
340the use of:
341 [(i)] (a) an alcoholic product;
342 [(ii)] (b) a controlled substance;
343 [(iii)] (c) a substance having the property of releasing toxic vapors; or
344 [(iv)] (d) a combination of products or substances described in Subsections [(59)(a)(i)
345through (iii); and] (59)(a) through (c).
346 [(b) exhibits plain and easily observed outward manifestations of behavior or physical
347signs produced by the overconsumption of an alcoholic product.]
348 (60) "Investigator" means an individual who is:
349 (a) a department compliance officer; or
350 (b) a nondepartment enforcement officer.
351 (61) "License" means:
352 (a) a retail license;
353 (b) a sublicense;
354 (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
355State License;
356 (d) a license issued in accordance with Chapter 11, Manufacturing and Related
357Licenses Act;
358 (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
359 (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
360 (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
361 (62) "Licensee" means a person who holds a license.
362 (63) "Limited-service restaurant license" means a license issued in accordance with
363Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
364 (64) "Limousine" means a motor vehicle licensed by the state or a local authority, other
365than a bus or taxicab: H.B. 247 Enrolled Copy
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366 (a) in which the driver and a passenger are separated by a partition, glass, or other
367barrier;
368 (b) that is provided by a business entity to one or more individuals at a fixed charge in
369accordance with the business entity's tariff; and
370 (c) to give the one or more individuals the exclusive use of the limousine and a driver
371to travel to one or more specified destinations.
372 (65) (a) (i) "Liquor" means a liquid that:
373 (A) is:
374 (I) alcohol;
375 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
376 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
377 (IV) other drink or drinkable liquid; and
378 (B) (I) contains at least .5% alcohol by volume; and
379 (II) is suitable to use for beverage purposes.
380 (ii) "Liquor" includes:
381 (A) heavy beer;
382 (B) wine; and
383 (C) a flavored malt beverage.
384 (b) "Liquor" does not include beer.
385 (66) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
386 (67) "Liquor transport license" means a license issued in accordance with Chapter 17,
387Liquor Transport License Act.
388 (68) "Liquor warehousing license" means a license that is issued:
389 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
390 (b) to a person, other than a licensed manufacturer, who engages in the importation for
391storage, sale, or distribution of liquor regardless of amount.
392 (69) "Local authority" means:
393 (a) for premises that are located in an unincorporated area of a county, the governing Enrolled Copy H.B. 247
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394body of a county;
395 (b) for premises that are located in an incorporated city, town, or metro township, the
396governing body of the city, town, or metro township; or
397 (c) for premises that are located in a project area as defined in Section 63H-1-102 and
398in a project area plan adopted by the Military Installation Development Authority under Title
39963H, Chapter 1, Military Installation Development Authority Act, the Military Installation
400Development Authority.
401 (70) "Lounge or bar area" is as defined by rule made by the commission.
402 (71) "Malt substitute" means:
403 (a) rice;
404 (b) grain;
405 (c) bran;
406 (d) glucose;
407 (e) sugar; or
408 (f) molasses.
409 (72) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
410otherwise make an alcoholic product for personal use or for sale or distribution to others.
411 (73) "Member" means an individual who, after paying regular dues, has full privileges
412in an equity licensee or fraternal licensee.
413 (74) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
414or homeport facility for a ship:
415 (i) (A) under the control of the United States Department of Defense; or
416 (B) of the National Guard;
417 (ii) that is located within the state; and
418 (iii) including a leased facility.
419 (b) "Military installation" does not include a facility used primarily for:
420 (i) civil works;
421 (ii) a rivers and harbors project; or H.B. 247 Enrolled Copy
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422 (iii) a flood control project.
423 (75) "Minibar" means an area of a hotel guest room where one or more alcoholic
424products are kept and offered for self-service sale or consumption.
425 (76) "Minor" means an individual under 21 years old.
426 (77) "Nondepartment enforcement agency" means an agency that:
427 (a) (i) is a state agency other than the department; or
428 (ii) is an agency of a county, city, town, or metro township; and
429 (b) has a responsibility to enforce one or more provisions of this title.
430 (78) "Nondepartment enforcement officer" means an individual who is:
431 (a) a peace officer, examiner, or investigator; and
432 (b) employed by a nondepartment enforcement agency.
433 (79) (a) "Off-premise beer retailer" means a beer retailer who is:
434 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
435 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
436premises.
437 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
438 (80) "Off-premise beer retailer state license" means a state license issued in accordance
439with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
440 (81) "On-premise banquet license" means a license issued in accordance with Chapter
4415, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
442 (82) "On-premise beer retailer" means a beer retailer who is:
443 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
444accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
445Retailer License; and
446 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
447premises:
448 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
449premises; and Enrolled Copy H.B. 247
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450 (ii) on and after March 1, 2012, operating:
451 (A) as a tavern; or
452 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
453 (83) "Opaque" means impenetrable to sight.
454 (84) "Package agency" means a retail liquor location operated:
455 (a) under an agreement with the department; and
456 (b) by a person:
457 (i) other than the state; and
458 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
459Agency, to sell packaged liquor for consumption off the premises of the package agency.
460 (85) "Package agent" means a person who holds a package agency.
461 (86) "Patron" means an individual to whom food, beverages, or services are sold,
462offered for sale, or furnished, or who consumes an alcoholic product including:
463 (a) a customer;
464 (b) a member;
465 (c) a guest;
466 (d) an attendee of a banquet or event;
467 (e) an individual who receives room service;
468 (f) a resident of a resort; or
469 (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
470license.
471 (87) (a) "Performing arts facility" means a multi-use performance space that:
472 (i) is primarily used to present various types of performing arts, including dance,
473music, and theater;
474 (ii) contains over 2,500 seats;
475 (iii) is owned and operated by a governmental entity; and
476 (iv) is located in a city of the first class.
477 (b) "Performing arts facility" does not include a space that is used to present sporting H.B. 247 Enrolled Copy
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478events or sporting competitions.
479 (88) "Permittee" means a person issued a permit under:
480 (a) Chapter 9, Event Permit Act; or
481 (b) Chapter 10, Special Use Permit Act.
482 (89) "Person subject to administrative action" means:
483 (a) a licensee;
484 (b) a permittee;
485 (c) a manufacturer;
486 (d) a supplier;
487 (e) an importer;
488 (f) one of the following holding a certificate of approval:
489 (i) an out-of-state brewer;
490 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
491 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
492 (g) staff of:
493 (i) a person listed in Subsections (89)(a) through (f); or
494 (ii) a package agent.
495 (90) "Premises" means a building, enclosure, or room used in connection with the
496storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
497unless otherwise defined in this title or rules made by the commission.
498 (91) "Prescription" means an order issued by a health care practitioner when:
499 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
500to prescribe a controlled substance, other drug, or device for medicinal purposes;
501 (b) the order is made in the course of that health care practitioner's professional
502practice; and
503 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
504 (92) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
505 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient. Enrolled Copy H.B. 247
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506 (93) "Principal license" means:
507 (a) a resort license;
508 (b) a hotel license; or
509 (c) an arena license.
510 (94) (a) "Private event" means a specific social, business, or recreational event:
511 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
512group; and
513 (ii) that is limited in attendance to people who are specifically designated and their
514guests.
515 (b) "Private event" does not include an event to which the general public is invited,
516whether for an admission fee or not.
517 (95) "Privately sponsored event" means a specific social, business, or recreational
518event:
519 (a) that is held in or on the premises of an on-premise banquet licensee; and
520 (b) to which entry is restricted by an admission fee.
521 (96) (a) "Proof of age" means:
522 (i) an identification card;
523 (ii) an identification that:
524 (A) is substantially similar to an identification card;
525 (B) is issued in accordance with the laws of a state other than Utah in which the
526identification is issued;
527 (C) includes date of birth; and
528 (D) has a picture affixed;
529 (iii) a valid driver license certificate that:
530 (A) includes date of birth;
531 (B) has a picture affixed; and
532 (C) is issued:
533 (I) under Title 53, Chapter 3, Uniform Driver License Act; H.B. 247 Enrolled Copy
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534 (II) in accordance with the laws of the state in which it is issued; or
535 (III) in accordance with federal law by the United States Department of State;
536 (iv) a military identification card that:
537 (A) includes date of birth; and
538 (B) has a picture affixed; or
539 (v) a valid passport.
540 (b) "Proof of age" does not include a driving privilege card issued in accordance with
541Section 53-3-207.
542 (97) "Provisions applicable to a sublicense" means:
543 (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
544restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
545 (b) for a limited-service restaurant sublicense, the provisions applicable to a
546limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
547 (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
548license under Chapter 6, Part 4, Bar Establishment License;
549 (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
550banquet license under Chapter 6, Part 6, On-Premise Banquet License;
551 (e) for an on-premise beer retailer sublicense, the provisions applicable to an
552on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
553 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
554restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
555 (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
556license under Chapter 6, Part 10, Hospitality Amenity License; and
557 (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
558Part 2, Spa Sublicense.
559 (98) (a) "Public building" means a building or permanent structure that is:
560 (i) owned or leased by:
561 (A) the state; or Enrolled Copy H.B. 247
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562 (B) a local government entity; and
563 (ii) used for:
564 (A) public education;
565 (B) transacting public business; or
566 (C) regularly conducting government activities.
567 (b) "Public building" does not include a building owned by the state or a local
568government entity when the building is used by a person, in whole or in part, for a proprietary
569function.
570 (99) "Public conveyance" means a conveyance that the public or a portion of the public
571has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
572other public conveyance.
573 (100) "Reception center" means a business that:
574 (a) operates facilities that are at least 5,000 square feet; and
575 (b) has as its primary purpose the leasing of the facilities described in Subsection
576(100)(a) to a third party for the third party's event.
577 (101) "Reception center license" means a license issued in accordance with Chapter 5,
578Retail License Act, and Chapter 6, Part 8, Reception Center License.
579 (102) (a) "Record" means information that is:
580 (i) inscribed on a tangible medium; or
581 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
582 (b) "Record" includes:
583 (i) a book;
584 (ii) a book of account;
585 (iii) a paper;
586 (iv) a contract;
587 (v) an agreement;
588 (vi) a document; or
589 (vii) a recording in any medium. H.B. 247 Enrolled Copy
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590 (103) "Residence" means a person's principal place of abode within Utah.
591 (104) "Resident," in relation to a resort, means the same as that term is defined in
592Section 32B-8-102.
593 (105) "Resort" means the same as that term is defined in Section 32B-8-102.
594 (106) "Resort facility" is as defined by the commission by rule.
595 (107) "Resort license" means a license issued in accordance with Chapter 5, Retail
596License Act, and Chapter 8, Resort License Act.
597 (108) "Responsible alcohol service plan" means a written set of policies and
598procedures that outlines measures to prevent employees from:
599 (a) over-serving alcoholic beverages to customers;
600 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
601intoxicated; and
602 (c) serving alcoholic beverages to minors.
603 (109) "Restaurant" means a business location:
604 (a) at which a variety of foods are prepared;
605 (b) at which complete meals are served; and
606 (c) that is engaged primarily in serving meals.
607 (110) "Restaurant license" means one of the following licenses issued under this title:
608 (a) a full-service restaurant license;
609 (b) a limited-service restaurant license; or
610 (c) a beer-only restaurant license.
611 (111) "Retail license" means one of the following licenses issued under this title:
612 (a) a full-service restaurant license;
613 (b) a master full-service restaurant license;
614 (c) a limited-service restaurant license;
615 (d) a master limited-service restaurant license;
616 (e) a bar establishment license;
617 (f) an airport lounge license; Enrolled Copy H.B. 247
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618 (g) an on-premise banquet license;
619 (h) an on-premise beer license;
620 (i) a reception center license;
621 (j) a beer-only restaurant license;
622 (k) a hospitality amenity license;
623 (l) a resort license;
624 (m) a hotel license; or
625 (n) an arena license.
626 (112) "Room service" means furnishing an alcoholic product to a person in a guest
627room or privately owned dwelling unit of a:
628 (a) hotel; or
629 (b) resort facility.
630 (113) (a) "School" means a building in which any part is used for more than three
631hours each weekday during a school year as a public or private:
632 (i) elementary school;
633 (ii) secondary school; or
634 (iii) kindergarten.
635 (b) "School" does not include:
636 (i) a nursery school;
637 (ii) a day care center;
638 (iii) a trade and technical school;
639 (iv) a preschool; or
640 (v) a home school.
641 (114) "Secondary flavoring ingredient" means any spirituous liquor added to a
642beverage for additional flavoring that is different in type, flavor, or brand from the primary
643spirituous liquor in the beverage.
644 (115) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
645consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, H.B. 247 Enrolled Copy
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646delivered for value, or by a means or under a pretext is promised or obtained, whether done by
647a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
648made by the commission.
649 (116) "Serve" means to place an alcoholic product before an individual.
650 (117) "Sexually oriented entertainer" means a person who while in a state of
651seminudity appears at or performs:
652 (a) for the entertainment of one or more patrons;
653 (b) on the premises of:
654 (i) a bar licensee; or
655 (ii) a tavern;
656 (c) on behalf of or at the request of the licensee described in Subsection (117)(b);
657 (d) on a contractual or voluntary basis; and
658 (e) whether or not the person is designated as:
659 (i) an employee;
660 (ii) an independent contractor;
661 (iii) an agent of the licensee; or
662 (iv) a different type of classification.
663 (118) "Shared seating area" means the licensed premises of two or more restaurant
664licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
665accordance with Subsection 32B-5-207(3).
666 (119) "Single event permit" means a permit issued in accordance with Chapter 9, Part
6673, Single Event Permit.
668 (120) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
669beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
670 (a) if the brewer is part of a controlled group of manufacturers, including the combined
671volume totals of production for all breweries that constitute the controlled group of
672manufacturers; and
673 (b) excluding beer, heavy beer, or flavored malt beverage the brewer: Enrolled Copy H.B. 247
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674 (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
675determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
676Rulemaking Act; and
677 (ii) does not sell for consumption as, or in, a beverage.
678 (121) "Small or unincorporated locality" means:
679 (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
680 (b) a town, as classified under Section 10-2-301; or
681 (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
682under Section 17-50-501.
683 (122) "Spa sublicense" means a sublicense:
684 (a) to a resort license or hotel license; and
685 (b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
686 (123) "Special use permit" means a permit issued in accordance with Chapter 10,
687Special Use Permit Act.
688 (124) (a) "Spirituous liquor" means liquor that is distilled.
689 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
69027 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
691 (125) "Sports center" is as defined by the commission by rule.
692 (126) (a) "Staff" means an individual who engages in activity governed by this title:
693 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
694holder;
695 (ii) at the request of the business, including a package agent, licensee, permittee, or
696certificate holder; or
697 (iii) under the authority of the business, including a package agent, licensee, permittee,
698or certificate holder.
699 (b) "Staff" includes:
700 (i) an officer;
701 (ii) a director; H.B. 247 Enrolled Copy
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702 (iii) an employee;
703 (iv) personnel management;
704 (v) an agent of the licensee, including a managing agent;
705 (vi) an operator; or
706 (vii) a representative.
707 (127) "State of nudity" means:
708 (a) the appearance of:
709 (i) the nipple or areola of a female human breast;
710 (ii) a human genital;
711 (iii) a human pubic area; or
712 (iv) a human anus; or
713 (b) a state of dress that fails to opaquely cover:
714 (i) the nipple or areola of a female human breast;
715 (ii) a human genital;
716 (iii) a human pubic area; or
717 (iv) a human anus.
718 (128) "State of seminudity" means a state of dress in which opaque clothing covers no
719more than:
720 (a) the nipple and areola of the female human breast in a shape and color other than the
721natural shape and color of the nipple and areola; and
722 (b) the human genitals, pubic area, and anus:
723 (i) with no less than the following at its widest point:
724 (A) four inches coverage width in the front of the human body; and
725 (B) five inches coverage width in the back of the human body; and
726 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
727 (129) (a) "State store" means a facility for the sale of packaged liquor:
728 (i) located on premises owned or leased by the state; and
729 (ii) operated by a state employee. Enrolled Copy H.B. 247
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730 (b) "State store" does not include:
731 (i) a package agency;
732 (ii) a licensee; or
733 (iii) a permittee.
734 (130) (a) "Storage area" means an area on licensed premises where the licensee stores
735an alcoholic product.
736 (b) "Store" means to place or maintain in a location an alcoholic product.
737 (131) "Sublicense" means:
738 (a) any of the following licenses issued as a subordinate license to, and contingent on
739the issuance of, a principal license:
740 (i) a full-service restaurant license;
741 (ii) a limited-service restaurant license;
742 (iii) a bar establishment license;
743 (iv) an on-premise banquet license;
744 (v) an on-premise beer retailer license;
745 (vi) a beer-only restaurant license; or
746 (vii) a hospitality amenity license; or
747 (b) a spa sublicense.
748 (132) "Supplier" means a person who sells an alcoholic product to the department.
749 (133) "Tavern" means an on-premise beer retailer who is:
750 (a) issued a license by the commission in accordance with Chapter 5, Retail License
751Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
752 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
753On-Premise Beer Retailer License.
754 (134) "Temporary beer event permit" means a permit issued in accordance with
755Chapter 9, Part 4, Temporary Beer Event Permit.
756 (135) "Temporary domicile" means the principal place of abode within Utah of a
757person who does not have a present intention to continue residency within Utah permanently or H.B. 247 Enrolled Copy
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758indefinitely.
759 (136) "Translucent" means a substance that allows light to pass through, but does not
760allow an object or person to be seen through the substance.
761 (137) "Unsaleable liquor merchandise" means a container that:
762 (a) is unsaleable because the container is:
763 (i) unlabeled;
764 (ii) leaky;
765 (iii) damaged;
766 (iv) difficult to open; or
767 (v) partly filled;
768 (b) (i) has faded labels or defective caps or corks;
769 (ii) has contents that are:
770 (A) cloudy;
771 (B) spoiled; or
772 (C) chemically determined to be impure; or
773 (iii) contains:
774 (A) sediment; or
775 (B) a foreign substance; or
776 (c) is otherwise considered by the department as unfit for sale.
777 (138) (a) "Wine" means an alcoholic product obtained by the fermentation of the
778natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
779another ingredient is added.
780 (b) "Wine" includes:
781 (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
7824.10; and
783 (ii) hard cider.
784 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
785in this title. Enrolled Copy H.B. 247
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786 (139) "Winery manufacturing license" means a license issued in accordance with
787Chapter 11, Part 3, Winery Manufacturing License.
788 Section 2. Section 32B-4-505 is amended to read:
789 32B-4-505. Obstructing a search, official proceeding, or investigation.
790 (1) A person who is in the premises or has charge over premises may not refuse or fail
791to admit to the premises or obstruct the entry of any of the following who demands entry when
792acting under this title:
793 (a) a commissioner;
794 (b) an authorized representative of the commission or department; or
795 (c) a law enforcement officer.
796 (2) A person who is in the premises or has charge of the premises may not interfere
797with any of the following who is conducting an investigation under this title at the premises:
798 (a) a commissioner;
799 (b) an authorized representative of the commission or department; or
800 (c) a law enforcement officer.
801 (3) After receiving written notice of an official proceeding or investigation under
802Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
803violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy,
804conceal, or remove a record that is relevant to the official proceeding or investigation.
805 (4) A person [is guilty of a class A misdemeanor if, believing] who believes that an
806official proceeding or investigation is pending or about to be instituted under this title[, that
807person:] may not:
808 (a) [alters, destroys, conceals, or removes] alter, destroy, conceal, or remove a record
809with a purpose to impair the record's verity or availability in the proceeding or investigation; or
810 (b) [makes, presents, or uses] make, present, or use anything that the person knows to
811be false with [a] the purpose to deceive any of the following who may be engaged in [a] the
812proceeding or investigation [under this title]:
813 (i) a commissioner; H.B. 247 Enrolled Copy
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814 (ii) an authorized representative of the commission or department;
815 (iii) a law enforcement officer; or
816 (iv) [other] another person.
817 (5) (a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3)
818is a class B misdemeanor.
819 (b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to
820an official proceeding or investigation for a violation of Section 32B-4-404.
821 (c) A violation of Subsection (4) is a class A misdemeanor.
822 Section 3. Section 32B-5-202 is amended to read:
823 32B-5-202. Renewal requirements.
824 (1) A retail license expires each year on the day specified in the relevant chapter or part
825for that type of retail license.
826 (2) (a) To renew a person's retail license, a retail licensee shall, on or before the day
827specified in the relevant chapter or part for the type of retail license that the person seeks to
828renew, submit:
829 (i) a completed renewal application in a form prescribed by the department;
830 (ii) a renewal fee in the amount specified in the relevant chapter or part for the type of
831retail license that the person seeks to renew; [and]
832 (iii) a responsible alcohol service plan if, since the retail licensee's most recent
833application or renewal, the retail licensee:
834 (A) made substantial changes to the retail licensee's responsible alcohol service plan;
835or
836 (B) violated a provision of this chapter[.]; and
837 (iv) a certification in a form prescribed by the department of the retail licensee's
838compliance with Section 32B-5-302.
839 (b) The department may audit a retail licensee's responsible alcohol service plan.
840 (3) Failure to meet the renewal requirements results in an automatic forfeiture of the
841retail license effective on the day on which the existing retail license expires. Enrolled Copy H.B. 247
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842 Section 4. Section 32B-5-302 is amended to read:
843 32B-5-302. Recordkeeping -- Retention.
844 (1) (a) A retail licensee shall make and maintain a record showing in detail:
845 [(a)] (i) quarterly expenditures made separately for:
846 [(i)] (A) malt or brewed beverages;
847 [(ii)] (B) liquor;
848 [(iii)] (C) set-ups;
849 [(iv)] (D) food; and
850 [(v)] (E) any other item required by the department; and
851 [(b)] (ii) sales made separately for:
852 [(i)] (A) malt or brewed beverages;
853 [(ii)] (B) set-ups;
854 [(iii)] (C) food; and
855 [(iv)] (D) any other item required by the department.
856 [(2)] (b) A retail licensee shall make and maintain a record required by Subsection
857(1)(a):
858 [(a)] (i) in a form approved by the department; and
859 [(b)] (ii) current for each three-month period.
860 [(3)] (c) A retail licensee shall support an expenditure by:
861 [(a)] (i) a delivery ticket;
862 [(b)] (ii) an invoice;
863 [(c)] (iii) a receipted bill;
864 [(d)] (iv) a canceled check;
865 [(e)] (v) a petty cash voucher; or
866 [(f)] (vi) other sustaining datum or memorandum.
867 [(4)] (d) In addition to a record required under Subsection [(1)] (1)(a), a retail licensee
868shall make and maintain any other record the department may require.
869 (2) After receiving written notice of an official proceeding or investigation under H.B. 247 Enrolled Copy
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870Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
871violation of Section 41-6a-502 or 41-6a-517, a retail licensee shall retain a record that is
872relevant to the proceeding or investigation, including any video surveillance, for a period of at
873least two years after the day on which the notice is received.
874 [(5)] (3) (a) A record of a retail licensee is subject to inspection by an authorized
875representative of the commission [and] or the department.
876 (b) A retail licensee shall allow the department, through an auditor or examiner of the
877department, to audit the records of the retail licensee at times the department considers
878advisable.
879 [(6)] (4) [Section] Sections 32B-1-205 [applies] and 32B-4-505 apply to a record
880required to be made or maintained in accordance with this section.
881 Section 5. Section 32B-6-205.2 is amended to read:
882 32B-6-205.2. Specific operational requirements for a full-service restaurant
883license -- On and after July 1, 2018, or July 1, 2022.
884 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
885Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
886shall comply with this section.
887 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
888accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
889 (i) a full-service restaurant licensee;
890 (ii) individual staff of a full-service restaurant licensee; or
891 (iii) both a full-service restaurant licensee and staff of the full-service restaurant
892licensee.
893 (2) (a) An individual who serves an alcoholic product in a full-service restaurant
894licensee's premises shall make a beverage tab for each table or group that orders or consumes
895an alcoholic product on the premises.
896 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
897each alcoholic product ordered or consumed. Enrolled Copy H.B. 247
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898 (3) A full-service restaurant licensee may not make an individual's willingness to serve
899an alcoholic product a condition of employment with a full-service restaurant licensee.
900 (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
901licensed premises during the following time periods only:
902 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
903 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
904period that begins at 10:30 a.m. and ends at 11:59 p.m.
905 (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
906licensed premises during the following time periods only:
907 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
908 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
909period that begins at 10:30 a.m. and ends at 12:59 a.m.
910 (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
911on-premise consumption except after:
912 (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
913product is seated at:
914 (A) a table that is located in a dining area or a dispensing area;
915 (B) a counter that is located in a dining area or a dispensing area; or
916 (C) a dispensing structure that is located in a dispensing area; and
917 (ii) the full-service restaurant licensee confirms that the patron intends to:
918 (A) order food prepared, sold, and furnished at the licensed premises; and
919 (B) except as provided in Subsection (5)(b), consume the food at the same location
920where the patron is seated and furnished the alcoholic product.
921 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
922full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
923furnish to the patron one drink that contains a single portion of an alcoholic product as
924described in Section 32B-5-304 if:
925 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing H.B. 247 Enrolled Copy
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926structure; and
927 (B) the full-service restaurant licensee first confirms that after the patron is seated in
928the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
929premises.
930 (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
931in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
932and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion
933of the patron's alcoholic product to the patron's seat in the dining area.
934 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
935 (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
936furnish beer for off-premise consumption except after the patron consumes on the licensed
937premises food prepared, sold, and furnished at the licensed premises.
938 (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
939culinary facilities for food preparation and dining accommodations.
940 (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
941licensed premises only if the patron is seated at:
942 (a) a table that is located in a dining area or dispensing area;
943 (b) a counter that is located in a dining area or dispensing area; or
944 (c) a dispensing structure located in a dispensing area.
945 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
946more than two alcoholic products of any kind at a time before the patron.
947 (b) A patron may not have more than one spirituous liquor drink at a time before the
948patron.
949 (c) An individual portion of wine is considered to be one alcoholic product under
950Subsection (7)(a).
951 (8) In accordance with the provisions of this section, an individual who is at least 21
952years old may consume food and beverages in a dispensing area.
953 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or Enrolled Copy H.B. 247
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954consume food or beverages in a dispensing area.
955 (b) (i) A minor may be in a dispensing area if the minor is:
956 (A) at least 16 years old and working as an employee of the full-service restaurant
957licensee; or
958 (B) performing maintenance and cleaning services as an employee of the full-service
959restaurant licensee when the full-service restaurant licensee is not open for business.
960 (ii) If there is no alternative route available, a minor may momentarily pass through a
961dispensing area without remaining or sitting in the dispensing area en route to an area of the
962full-service restaurant licensee's premises in which the minor is permitted to be.
963 (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
964may dispense an alcoholic product only if:
965 (a) the alcoholic product is dispensed from:
966 (i) a dispensing structure that is located in a dispensing area;
967 (ii) an area that is:
968 (A) separated from an area for the consumption of food by a patron by a solid,
969translucent, permanent structural barrier such that the facilities for the dispensing of an
970alcoholic product are not readily visible to a patron and not accessible by a patron; and
971 (B) apart from an area used for dining, for staging, or as a waiting area; or
972 (iii) the premises of a bar licensee that is:
973 (A) owned by the same person or persons as the full-service restaurant licensee; and
974 (B) located immediately adjacent to the premises of the full-service restaurant licensee;
975and
976 (b) any instrument or equipment used to dispense alcoholic product is located in an
977area described in Subsection (10)(a).
978 (11) (a) A full-service restaurant licensee may have more than one dispensing area in
979the licensed premises.
980 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
981dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other H.B. 247 Enrolled Copy
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982dispensing area in the licensed premises satisfies the requirements for a dispensing area.
983 (12) A full-service restaurant licensee may not:
984 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
985 (b) display an alcoholic product or a product intended to appear like an alcoholic
986product by moving a cart or similar device around the licensed premises.
987 (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
988charge or fee made in connection with the sale, service, or consumption of liquor, including:
989 (a) a set-up charge;
990 (b) a service charge; or
991 (c) a chilling fee.
992 (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
993restaurant licensee shall maintain each of the following records for at least three years:
994 (i) a record required by [Section] Subsection 32B-5-302(1); and
995 (ii) a record that the commission requires a full-service restaurant licensee to use or
996maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
997Rulemaking Act.
998 (b) The department shall audit the records of a full-service restaurant licensee at least
999once annually.
1000 (15) A full-service restaurant licensee may lease to a patron of the full-service
1001restaurant licensee a locked storage space:
1002 (a) that the commission considers proper for the storage of wine; and
1003 (b) for the storage of wine that:
1004 (i) the patron purchases from the full-service restaurant licensee; and
1005 (ii) only the full-service restaurant licensee or staff of the full-service restaurant
1006licensee may remove from the locker for the patron's use in accordance with this title,
1007including:
1008 (A) service and consumption on licensed premises as described in Section 32B-5-306;
1009or Enrolled Copy H.B. 247
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1010 (B) removal from the full-service retail licensee's licensed premises in accordance with
1011Section 32B-5-307.
1012 Section 6. Section 32B-6-305.2 is amended to read:
1013 32B-6-305.2. Specific operational requirements for a limited-service restaurant
1014license -- On and after July 1, 2018, or July 1, 2022.
1015 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1016Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
1017licensee shall comply with this section.
1018 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1019accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1020 (i) a limited-service restaurant licensee;
1021 (ii) individual staff of a limited-service restaurant licensee; or
1022 (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
1023licensee.
1024 (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
1025licensee's premises shall make a beverage tab for each table or group that orders or consumes
1026an alcoholic product on the premises.
1027 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
1028each alcoholic product ordered or consumed.
1029 (3) A limited-service restaurant licensee may not make an individual's willingness to
1030serve an alcoholic product a condition of employment with a limited-service restaurant
1031licensee.
1032 (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
1033heavy beer at the licensed premises during the following time periods only:
1034 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
1035 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1036period that begins at 10:30 a.m. and ends at 11:59 p.m.
1037 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the H.B. 247 Enrolled Copy
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1038licensed premises during the following time periods only:
1039 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1040 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1041period that begins at 10:30 a.m. and ends at 12:59 a.m.
1042 (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
1043on-premise consumption except after:
1044 (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
1045product is seated at:
1046 (A) a table that is located in a dining area or a dispensing area;
1047 (B) a counter that is located in a dining area or a dispensing area; or
1048 (C) a dispensing structure that is located in a dispensing area; and
1049 (ii) the limited-service restaurant licensee confirms that the patron intends to:
1050 (A) order food prepared, sold, and furnished at the licensed premises; and
1051 (B) except as provided in Subsection (5)(b), consume the food at the same location
1052where the patron is seated and furnished the alcoholic product.
1053 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1054limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
1055sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
1056described in Section 32B-5-304 if:
1057 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1058structure; and
1059 (B) the limited-service restaurant licensee first confirms that after the patron is seated
1060in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1061premises.
1062 (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
1063in the dining area, an employee of the limited-service restaurant licensee who is qualified to
1064sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished
1065portion of the patron's alcoholic product to the patron's seat in the dining area. Enrolled Copy H.B. 247
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1066 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
1067 (c) Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not
1068furnish beer for off-premise consumption except after the patron consumes on the licensed
1069premises food prepared, sold, and furnished at the licensed premises.
1070 (d) A limited-service restaurant licensee shall maintain on the licensed premises
1071adequate culinary facilities for food preparation and dining accommodations.
1072 (6) A patron may consume an alcoholic product on the limited-service restaurant
1073licensee's licensed premises only if the patron is seated at:
1074 (a) a table that is located in a dining area or a dispensing area;
1075 (b) a counter that is located in a dining area or a dispensing area; or
1076 (c) a dispensing structure located in a dispensing area.
1077 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1078more than two alcoholic products of any kind at a time before the patron.
1079 (b) An individual portion of wine is considered to be one alcoholic product under
1080Subsection (7)(a).
1081 (8) In accordance with the provisions of this section, an individual who is at least 21
1082years old may consume food and beverages in a dispensing area.
1083 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
1084consume food or beverages in a dispensing area.
1085 (b) (i) A minor may be in a dispensing area if the minor is:
1086 (A) at least 16 years old and working as an employee of the limited-service restaurant
1087licensee; or
1088 (B) performing maintenance and cleaning services as an employee of the
1089limited-service restaurant licensee when the limited-service restaurant licensee is not open for
1090business.
1091 (ii) If there is no alternative route available, a minor may momentarily pass through a
1092dispensing area without remaining or sitting in the dispensing area en route to an area of the
1093limited-service restaurant licensee's premises in which the minor is permitted to be. H.B. 247 Enrolled Copy
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1094 (10) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
1095licensee may dispense an alcoholic product only if:
1096 (a) the alcoholic product is dispensed from:
1097 (i) a dispensing structure that is located in a dispensing area;
1098 (ii) an area that is:
1099 (A) separated from an area for the consumption of food by a patron by a solid,
1100translucent, permanent structural barrier such that the facilities for the dispensing of an
1101alcoholic product are not readily visible to a patron and not accessible by a patron; and
1102 (B) apart from an area used for dining, for staging, or as a waiting area; or
1103 (iii) the premises of a bar licensee that is:
1104 (A) owned by the same person or persons as the limited-service restaurant licensee; and
1105 (B) located immediately adjacent to the premises of the limited-service restaurant
1106licensee; and
1107 (b) any instrument or equipment used to dispense alcoholic product is located in an
1108area described in Subsection (10)(a).
1109 (11) (a) A limited-service restaurant licensee may have more than one dispensing area
1110in the licensed premises.
1111 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1112dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1113dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1114 (12) A limited-service restaurant licensee may not:
1115 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1116 (b) display an alcoholic product or a product intended to appear like an alcoholic
1117product by moving a cart or similar device around the licensed premises.
1118 (13) A limited-service restaurant licensee may state in a food or alcoholic product
1119menu a charge or fee made in connection with the sale, service, or consumption of wine or
1120heavy beer, including:
1121 (a) a set-up charge; Enrolled Copy H.B. 247
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1122 (b) a service charge; or
1123 (c) a chilling fee.
1124 (14) (a) In addition to the requirements described in Section 32B-5-302, a
1125limited-service restaurant licensee shall maintain each of the following records for at least three
1126years:
1127 (i) a record required by [Section] Subsection 32B-5-302(1); and
1128 (ii) a record that the commission requires a limited-service restaurant licensee to use or
1129maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1130Rulemaking Act.
1131 (b) The department shall audit the records of a limited-service restaurant licensee at
1132least once each calendar year.
1133 Section 7. Section 32B-6-406 is amended to read:
1134 32B-6-406. Specific operational requirements for a bar establishment license.
1135 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1136Requirements, a bar establishment licensee and staff of the bar establishment licensee shall
1137comply with this section.
1138 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1139in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1140 (i) a bar establishment licensee;
1141 (ii) individual staff of a bar establishment licensee; or
1142 (iii) both a bar establishment licensee and staff of the bar establishment licensee.
1143 (2) In addition to complying with Subsection 32B-5-301(3), a bar licensee shall display
1144in a conspicuous place at the entrance to the licensed premises a sign that:
1145 (a) measures at least 8-1/2 inches long and 11 inches wide; and
1146 (b) clearly states that the bar licensee is a bar and that no one under 21 years [of age]
1147old is allowed.
1148 (3) (a) In addition to complying with Section 32B-5-302, a bar establishment licensee
1149shall maintain for a minimum of three years: H.B. 247 Enrolled Copy
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1150 (i) a record required by [Section] Subsection 32B-5-302(1); and
1151 (ii) a record maintained or used by the bar establishment licensee, as the department
1152requires.
1153 (b) Section 32B-1-205 applies to a record required to be made, maintained, or used in
1154accordance with this Subsection (3).
1155 (c) The department shall audit the records of a bar establishment licensee at least once
1156annually.
1157 (4) (a) A bar establishment licensee may not sell, offer for sale, or furnish liquor on the
1158licensed premises on any day during a period that:
1159 (i) begins at 1 a.m.; and
1160 (ii) ends at 9:59 a.m.
1161 (b) A bar establishment licensee may sell, offer for sale, or furnish beer during the
1162hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
1163license.
1164 (c) (i) Notwithstanding Subsections (4)(a) and (b), a bar establishment licensee shall
1165keep its licensed premises open for one hour after the bar establishment licensee ceases the sale
1166and furnishing of an alcoholic product during which time a patron of the bar establishment
1167licensee may finish consuming:
1168 (A) a single drink containing spirituous liquor;
1169 (B) a single serving of wine not exceeding five ounces;
1170 (C) a single serving of heavy beer;
1171 (D) a single serving of beer not exceeding 26 ounces; or
1172 (E) a single serving of a flavored malt beverage.
1173 (ii) A bar establishment licensee is not required to remain open:
1174 (A) after all patrons have vacated the premises; or
1175 (B) during an emergency.
1176 (5) (a) A minor:
1177 (i) may not be admitted into, use, or be in the licensed premises of: Enrolled Copy H.B. 247
- 43 -
1178 (A) a dining club licensee unless accompanied by an individual who is 21 years [of
1179age] old or older; or
1180 (B) a bar licensee, except to the extent provided for under Section 32B-6-406.1;
1181 (ii) may only be admitted into, use, or be in the lounge or bar area of an equity
1182licensee's or fraternal licensee's licensed premises:
1183 (A) when accompanied by an individual who is 21 years [of age] old or older; and
1184 (B) momentarily while en route to another area of the licensee's premises; and
1185 (iii) may not remain or sit in the lounge or bar area of an equity licensee's or fraternal
1186licensee's licensed premises.
1187 (b) Notwithstanding Section 32B-5-308, a bar establishment licensee may not employ a
1188minor to:
1189 (i) work in a lounge or bar area of an equity licensee, fraternal licensee, or dining club
1190licensee; or
1191 (ii) handle an alcoholic product.
1192 (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
1193premises of a bar licensee.
1194 (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
1195more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a bar
1196establishment licensee.
1197 (6) A bar establishment licensee shall have food available at all times when an
1198alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
1199 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1200more than two alcoholic products of any kind at a time before the patron.
1201 (b) A patron may not have two spirituous liquor drinks before the bar establishment
1202licensee patron if one of the spirituous liquor drinks consists only of the primary spirituous
1203liquor for the other spirituous liquor drink.
1204 (c) An individual portion of wine is considered to be one alcoholic product under
1205Subsection (7)(a). H.B. 247 Enrolled Copy
- 44 -
1206 (8) A bar establishment licensee shall have available on the premises for a patron to
1207review at the time that the patron requests it, a written alcoholic product price list or a menu
1208containing the price of an alcoholic product sold, offered for sale, or furnished by the bar
1209establishment licensee including:
1210 (a) a set-up charge;
1211 (b) a service charge; or
1212 (c) a chilling fee.
1213 (9) Subject to Section 32B-5-309, a bar establishment licensee may not temporarily
1214rent or otherwise temporarily lease its premises to a person unless:
1215 (a) the person to whom the bar establishment licensee rents or leases the premises
1216agrees in writing to comply with this title as if the person is the bar establishment licensee,
1217except for a requirement related to making or maintaining a record; and
1218 (b) the bar establishment licensee takes reasonable steps to ensure that the person
1219complies with this section as provided in Subsection (9)(a).
1220 (10) If a bar establishment licensee is an equity licensee or fraternal licensee, the bar
1221establishment licensee shall comply with Section 32B-6-407.
1222 (11) If a bar establishment licensee is a dining club licensee or bar licensee, the bar
1223establishment licensee shall comply with Section 32B-1-407.
1224 (12) (a) A bar establishment licensee shall own or lease premises suitable for the bar
1225establishment licensee's activities.
1226 (b) A bar establishment licensee may not maintain licensed premises in a manner that
1227barricades or conceals the bar establishment licensee's operation.
1228 Section 8. Section 32B-6-605 is amended to read:
1229 32B-6-605. Specific operational requirements for on-premise banquet license.
1230 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1231Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee
1232shall comply with this section.
1233 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action Enrolled Copy H.B. 247
- 45 -
1234in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1235 (i) an on-premise banquet licensee;
1236 (ii) individual staff of an on-premise banquet licensee; or
1237 (iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
1238 (2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and
1239(5) for the entire premises of the hotel, resort facility, sports center, convention center,
1240performing arts facility, or arena that is the basis for the on-premise banquet license.
1241 (3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
1242shall provide the department with advance notice of a scheduled banquet in accordance with
1243rules made by the commission.
1244 (b) Any of the following may conduct a random inspection of a banquet:
1245 (i) an authorized representative of the commission or the department; or
1246 (ii) a law enforcement officer.
1247 (4) (a) An on-premise banquet licensee is not subject to [Section] Subsection
124832B-5-302(1), but shall make and maintain the records described in Subsection 32B-5-302(2)
1249and the records the commission or department requires.
1250 (b) Section 32B-1-205 applies to a record required to be made or maintained in
1251accordance with this Subsection (4).
1252 (5) (a) Except as otherwise provided in this title, an on-premise banquet licensee may
1253sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the
1254location of the banquet.
1255 (b) Except as provided in Subsection 32B-5-307(4), a host of a banquet, a patron, or a
1256person other than the on-premise banquet licensee or staff of the on-premise banquet licensee,
1257may not remove an alcoholic product from the premises of the banquet.
1258 (c) Notwithstanding Subsections 32B-5-307(3) and (5) and except as provided in
1259Subsection 32B-5-307(4), a patron at a banquet may not bring an alcoholic product into or
1260onto, or remove an alcoholic product from, the premises of a banquet.
1261 (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at H.B. 247 Enrolled Copy
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1262the banquet following the conclusion of the banquet.
1263 (b) At the conclusion of a banquet, an on-premise banquet licensee shall:
1264 (i) destroy an opened and unused alcoholic product that is not saleable, under
1265conditions established by the department; and
1266 (ii) return to the on-premise banquet licensee's approved locked storage area any:
1267 (A) opened and unused alcoholic product that is saleable; and
1268 (B) unopened container of an alcoholic product.
1269 (c) Except as provided in Subsection (6)(b) with regard to an open or sealed container
1270of an alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
1271 (i) shall store the alcoholic product in the on-premise banquet licensee's approved
1272locked storage area; and
1273 (ii) may use the alcoholic product at more than one banquet.
1274 (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not
1275employ a minor to sell, furnish, or dispense an alcoholic product in connection with the
1276on-premise banquet licensee's banquet and room service activities.
1277 (8) An on-premise banquet licensee:
1278 (a) may provide room service in portions described in Section 32B-5-304;
1279 (b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
1280connection with room service any day during a period that:
1281 (i) begins at 1 a.m.; and
1282 (ii) ends at 9:59 a.m.; and
1283 (c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
1284product free of charge per guest reservation, per guest room, if the alcoholic product:
1285 (i) is not a spirituous liquor; and
1286 (ii) is in an unopened container not to exceed 750 milliliters.
1287 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
1288more than two alcoholic products of any kind at a time before the patron.
1289 (b) A patron may not have more than one spirituous liquor drink at a time before the Enrolled Copy H.B. 247
- 47 -
1290patron.
1291 (c) An individual portion of wine is considered to be one alcoholic product under
1292Subsection (9)(a).
1293 (10) (a) An on-premise banquet licensee shall supervise and direct a person involved in
1294the sale, offer for sale, or furnishing of an alcoholic product.
1295 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1296shall complete an alcohol training and education seminar.
1297 (11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
1298times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
1299banquet.
1300 (12) (a) Room service of an alcoholic product to a guest room or privately owned
1301dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise
1302banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.
1303 (b) An alcoholic product may not be left outside a guest room or privately owned
1304dwelling unit for retrieval by a guest or resident.
1305 (13) An on-premise banquet licensee may not maintain a minibar.
1306 Section 9. Section 32B-6-706 is amended to read:
1307 32B-6-706. Specific operational requirements for on-premise beer retailer license.
1308 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1309Requirements, an on-premise beer retailer and staff of the on-premise beer retailer shall comply
1310with this section.
1311 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1312in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1313 (i) an on-premise beer retailer;
1314 (ii) individual staff of an on-premise beer retailer; or
1315 (iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
1316 (2) (a) An on-premise beer retailer is not subject to [Section] Subsection 32B-5-302(1),
1317but shall make and maintain the records described in Subsection 32B-5-302(2) and the records H.B. 247 Enrolled Copy
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1318the department requires.
1319 (b) Section 32B-1-205 applies to a record required to be made or maintained in
1320accordance with this Subsection (2).
1321 (3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or
1322sell liquor on its licensed premises.
1323 (4) (a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at the
1324on-premise beer retailer's licensed premises during a period that:
1325 (i) begins at 1 a.m.; and
1326 (ii) ends at 9:59 a.m.
1327 (b) (i) Notwithstanding Subsection (4)(a), a tavern shall remain open for one hour after
1328the tavern ceases the sale and furnishing of beer during which time a patron of the tavern may
1329finish consuming a single serving of beer not exceeding 26 ounces.
1330 (ii) A tavern is not required to remain open:
1331 (A) after all patrons have vacated the premises; or
1332 (B) during an emergency.
1333 (5) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a
1334tavern.
1335 (6) (a) (i) An on-premise beer retailer may not purchase, acquire, possess for the
1336purpose of resale, or sell beer except beer that the on-premise beer retailer lawfully purchases
1337from:
1338 (A) a beer wholesaler licensee; or
1339 (B) a small brewer that manufactures the beer.
1340 (ii) Violation of Subsection (6)(a)(i) is a class A misdemeanor.
1341 (b) (i) If an on-premise beer retailer purchases beer under this Subsection (6) from a
1342beer wholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer
1343wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
1344in which the on-premise beer retailer is located, unless an alternate wholesaler is authorized by
1345the department to sell to the on-premise beer retailer as provided in Section 32B-13-301. Enrolled Copy H.B. 247
- 49 -
1346 (ii) Violation of Subsection (6)(b)(i) is a class B misdemeanor.
1347 (7) A tavern shall comply with Section 32B-1-407.
1348 Section 10. Section 32B-6-905.1 is amended to read:
1349 32B-6-905.1. Specific operational requirements for a beer-only restaurant license
1350-- On and after July 1, 2018, or July 1, 2022.
1351 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1352Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
1353shall comply with this section.
1354 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1355accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1356 (i) a beer-only restaurant licensee;
1357 (ii) individual staff of a beer-only restaurant licensee; or
1358 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
1359 (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
1360sale, furnish, or allow consumption of liquor.
1361 (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
1362 (i) as a flavoring on a dessert; or
1363 (ii) in the preparation of a flaming food dish, drink, or dessert.
1364 (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
1365make a beverage tab for each table or group that orders or consumes beer on the premises.
1366 (b) A beverage tab described in this Subsection (3) shall state the type and amount of
1367each beer ordered or consumed.
1368 (4) A beer-only restaurant licensee may not make an individual's willingness to serve
1369beer a condition of employment as a server with a beer-only restaurant licensee.
1370 (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
1371licensed premises during the following time periods only:
1372 (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1373 (b) on a weekend or a state or federal legal holiday or for a private event, during the H.B. 247 Enrolled Copy
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1374period that begins at 10:30 a.m. and ends at 12:59 a.m.
1375 (6) (a) A beer-only restaurant licensee may not furnish beer for on-premise
1376consumption except after:
1377 (i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
1378 (A) a table that is located in a dining area or a dispensing area;
1379 (B) a counter that is located in a dining area or a dispensing area; or
1380 (C) a dispensing structure that is located in a dispensing area; and
1381 (ii) the beer-only restaurant licensee confirms that the patron intends to:
1382 (A) order food prepared, sold, and furnished at the licensed premises; and
1383 (B) except as provided in Subsection (6)(b), consume the food at the same location
1384where the patron is seated and furnished the beer.
1385 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1386beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
1387furnish to the patron one portion of beer as described in Section 32B-5-304 if:
1388 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1389structure; and
1390 (B) the beer-only restaurant licensee first confirms that after the patron is seated in the
1391dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1392premises.
1393 (ii) If the patron does not finish the patron's beer before moving to a seat in the dining
1394area, an employee of the beer-only restaurant licensee who is qualified to sell and serve an
1395alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the
1396patron's beer to the patron's seat in the dining area.
1397 (c) Notwithstanding Section 32B-5-307, a beer-only restaurant licensee may not
1398furnish beer for off-premise consumption except after the patron consumes on the licensed
1399premises food prepared, sold, and furnished at the licensed premises.
1400 (d) A beer-only restaurant licensee shall maintain on the licensed premises adequate
1401culinary facilities for food preparation and dining accommodations. Enrolled Copy H.B. 247
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1402 (7) A patron may consume a beer on the beer-only licensee's licensed premises only at:
1403 (a) a table that is located in a dining area or a dispensing area;
1404 (b) a counter that is located in a dining area or a dispensing area; or
1405 (c) a dispensing structure located in a dispensing area.
1406 (8) A patron may not have more than two beers at a time before the patron.
1407 (9) In accordance with the provisions of this section, an individual who is at least 21
1408years old may consume food and beverages in a dispensing area.
1409 (10) (a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or
1410consume food or beverages in a dispensing area.
1411 (b) (i) A minor may be in a dispensing area if the minor is:
1412 (A) at least 16 years old and working as an employee of the beer-only restaurant
1413licensee; or
1414 (B) performing maintenance and cleaning services as an employee of the beer-only
1415restaurant licensee when the beer-only restaurant licensee is not open for business.
1416 (ii) If there is no alternative route available, a minor may momentarily pass through a
1417dispensing area without remaining or sitting in the dispensing area en route to an area of the
1418beer-only restaurant licensee's premises in which the minor is permitted to be.
1419 (11) A beer-only restaurant licensee may dispense a beer only if:
1420 (a) the beer is dispensed from:
1421 (i) a dispensing structure that is located in a dispensing area;
1422 (ii) an area that is:
1423 (A) separated from an area for the consumption of food by a patron by a solid,
1424translucent, permanent structural barrier such that the facilities for the dispensing of an
1425alcoholic product are not readily visible to a patron and not accessible by a patron; and
1426 (B) apart from an area used for dining, for staging, or as a waiting area; or
1427 (iii) the premises of a bar licensee that is:
1428 (A) owned by the same person or persons as the beer-only restaurant licensee; and
1429 (B) located immediately adjacent to the premises of the beer-only restaurant licensee; H.B. 247 Enrolled Copy
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1430and
1431 (b) any instrument or equipment used to dispense the beer is located in an area
1432described in Subsection (11)(a).
1433 (12) (a) A beer-only restaurant licensee may have more than one dispensing area in the
1434licensed premises.
1435 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1436dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any
1437other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1438 (13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
1439from a movable cart.
1440 (14) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
1441restaurant licensee shall maintain each of the following records for at least three years:
1442 (i) a record required by [Section] Subsection 32B-5-302(1); and
1443 (ii) a record that the commission requires a beer-only restaurant licensee to use or
1444maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1445Rulemaking Act.
1446 (b) The department shall audit the records of a beer-only restaurant licensee at least
1447once annually.
1448 Section 11. Section 32B-6-1005 is amended to read:
1449 32B-6-1005. Specific operational requirements for hospitality amenity license.
1450 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1451Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall
1452comply with this section.
1453 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1454in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1455 (i) the hospitality amenity licensee;
1456 (ii) individual staff of the hospitality amenity licensee; or
1457 (iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee. Enrolled Copy H.B. 247
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1458 (2) (a) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1459product:
1460 (i) to a hospitality guest; and
1461 (ii) for consumption in or on the hospitality amenity licensee's licensed premises.
1462 (b) (i) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1463product that is not spirituous liquor in or on:
1464 (A) licensed premises physically separated from an area to which a hospitality guest or
1465the public has access by a permanent or temporary structure or barrier; or
1466 (B) licensed premises described in Subsection (2)(b)(ii).
1467 (ii) A hospitality amenity licensee may sell, offer for sale, or furnish spirituous liquor
1468in or on licensed premises that:
1469 (A) allows access only through the use of a key or code; and
1470 (B) fills the entirety of a physically and permanently enclosed area within the hotel or
1471resort.
1472 (c) Spirituous liquor may not be in or on the licensed premises described in Subsection
1473(2)(b)(i)(A) of a hospitality amenity licensee, except for use:
1474 (i) as a flavoring on a dessert; and
1475 (ii) in the preparation of a flaming food dish or dessert.
1476 (d) A hospitality amenity licensee may not allow self-service of an alcoholic product in
1477or on the hospitality amenity licensee's licensed premises.
1478 (3) (a) Subject to Subsections (3)(b) and (c), a hospitality guest may not have more
1479than two alcoholic products of any kind at a time before the hospitality guest.
1480 (b) A hospitality guest may not have more than one spirituous liquor drink at a time
1481before the hospitality guest.
1482 (c) An individual portion of wine is considered to be one alcoholic product under
1483Subsection (3)(a).
1484 (4) A hospitality amenity licensee shall make food available at all times that the
1485licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on H.B. 247 Enrolled Copy
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1486the licensed premises.
1487 (5) (a) A hospitality amenity licensee may not sell, offer for sale, or furnish an
1488alcoholic product any day during a period that:
1489 (i) begins at 1:00 a.m.; and
1490 (ii) ends at 9:59 a.m.
1491 (b) A hospitality amenity licensee shall remain open for one hour after the licensee
1492ceases to sell and furnish an alcoholic product, during which time a hospitality guest in or on
1493the hospitality amenity licensed premises may finish consuming:
1494 (i) a single drink containing spirituous liquor;
1495 (ii) a single serving of wine not exceeding five ounces;
1496 (iii) a single serving of heavy beer;
1497 (iv) a single serving of beer not exceeding 26 ounces; or
1498 (v) a single serving of a flavored malt beverage.
1499 (c) A hospitality amenity licensee is not required to remain open:
1500 (i) after all individuals have vacated the licensee's licensed premises; or
1501 (ii) during an emergency.
1502 (6) (a) Notwithstanding Section 32B-5-305, a hospitality amenity licensee may provide
1503a hospitality guest up to two single servings of an alcoholic product free of charge or at a
1504reduced rate, if:
1505 (i) the alcoholic product is not a spirituous liquor; and
1506 (ii) the hospitality amenity licensee offers the alcohol product:
1507 (A) to all hospitality guests;
1508 (B) during a specific time; and
1509 (C) on the hospitality amenity licensee's licensed premises.
1510 (b) Before a hospitality amenity licensee provides an alcoholic product free of charge
1511or at a reduced rate as described in Subsection (6)(a), the licensee shall provide the department
1512with advance notice of the event, in accordance with commission rules that permit a licensee to
1513provide a single notice for a reoccurring event or multiple events. Enrolled Copy H.B. 247
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1514 (7) A hospitality amenity licensee may permit a hospitality guest to purchase an
1515alcoholic product through a charge to the hospitality guest's lodging accommodations.
1516 (8) (a) Notwithstanding Section 32B-5-307, a hospitality guest, or a person other than
1517the hospitality amenity licensee or staff of the hospitality amenity licensee, may not remove an
1518alcoholic product from the hospitality amenity licensee's licensed premises.
1519 (b) Notwithstanding Subsection 32B-5-307(3), a hospitality guest may not bring an
1520alcoholic product within the hospitality amenity licensee's licensed premises.
1521 (9) A hospitality amenity licensee shall display at each entrance to the licensee's
1522licensed premises a conspicuous sign that:
1523 (a) measures at least 8-1/2 inches long and 11 inches wide; and
1524 (b) clearly states that entry is limited to individuals who are hospitality guests, as
1525defined in this title.
1526 (10) A hospitality amenity licensee may not permit a minor to enter the licensee's
1527licensed premises at any time during which an alcoholic product is sold, offered for sale,
1528furnished, or consumed, unless the minor is accompanied at all times on the licensed premises
1529by a hospitality guest.
1530 (11) A staff person of a hospitality amenity licensee shall remain on the licensed
1531premises at all times when an alcoholic product is sold, offered for sale, furnished, or
1532consumed in or on the licensed premises.
1533 (12) A hospitality amenity licensee may transfer an alcoholic product to or from
1534another licensee within the boundary of the hotel or within the boundary of the resort building,
1535if:
1536 (a) the hospitality amenity licensee and each licensee involved in the transfer tracks the
1537transfer of the alcoholic product; and
1538 (b) the alcoholic product is in a sealed, unopened container.
1539 (13) (a) In addition to the requirements described in Section 32B-5-302, a hospitality
1540amenity licensee shall maintain each of the following records for at least three years:
1541 (i) a record required under [Section] Subsection 32B-5-302(1); and H.B. 247 Enrolled Copy
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1542 (ii) a record that the commission requires a hospitality amenity licensee to use or
1543maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1544Rulemaking Act.
1545 (b) The department shall audit the records of a hospitality amenity licensee at least
1546once annually.
1547 Section 12. Section 32B-15-201 is amended to read:
1548 32B-15-201. Liability for injuries and damage resulting from distribution of
1549alcoholic products -- Prima facie evidence.
1550 (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in
1551Subsection (1)(b) is liable for:
1552 (i) any and all injury and damage, except punitive damages to:
1553 (A) a third person; or
1554 (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1555 (ii) the death of a third person.
1556 (b) A person is liable under Subsection (1)(a) if:
1557 (i) the person directly gives, sells, or otherwise provides an alcoholic product:
1558 (A) to a person described in Subsection (1)(b)(ii); and
1559 (B) as part of the commercial sale, storage, service, manufacture, distribution, or
1560consumption of an alcoholic product;
1561 (ii) those actions cause the intoxication of:
1562 (A) an individual under [the age of] 21 years old;
1563 (B) an individual who is apparently under the influence of [intoxicating alcoholic
1564products or drugs] an alcoholic product or drug;
1565 (C) an individual whom the person furnishing the alcoholic product knew or should
1566have known from the circumstances was under the influence of [intoxicating alcoholic products
1567or drugs] an alcoholic product or drug; or
1568 (D) an individual who is a known interdicted person; and
1569 (iii) the injury or death described in Subsection (1)(a) results from the intoxication of Enrolled Copy H.B. 247
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1570the individual who is provided the alcoholic product.
1571 (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an
1572injury or death that results from the intoxication of an individual described in Subsection
1573(1)(b)(ii)(B) or (C) if:
1574 (i) the person directly gives, sells, or otherwise provides the individual the last
1575alcoholic product the individual consumes before the injury or death described in Subsection
1576(1)(b)(iii);
1577 (ii) the individual consumes the alcoholic product at the location where the person
1578directly gives, sells, or otherwise provides the individual the alcoholic product;
1579 (iii) the injury or death occurs within 30 minutes after the time at which the individual
1580leaves, and within a 10 mile radius of, the location where the person gives, sells, or otherwise
1581provides the individual the alcoholic product; and
1582 (iv) the individual is charged with a criminal violation of Section 41-6a-502 for driving
1583under the influence of an alcoholic product in relation to the injury or death.
1584 (2) (a) A person 21 years [of age] old or older who is described in Subsection (2)(b) is
1585liable for:
1586 (i) any and all injury and damage, except punitive damages to:
1587 (A) a third person; or
1588 (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1589 (ii) the death of the third person.
1590 (b) A person is liable under Subsection (2)(a) if:
1591 (i) [that] the person directly gives or otherwise provides an alcoholic product to an
1592individual who the person knows or should have known is under [the age of] 21 years old;
1593 (ii) those actions caused the intoxication of the individual provided the alcoholic
1594product;
1595 (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
1596the individual who is provided the alcoholic product; and
1597 (iv) the person is not liable under Subsection (1), because the person did not directly H.B. 247 Enrolled Copy
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1598give or provide the alcoholic product as part of the commercial sale, storage, service,
1599manufacture, distribution, or consumption of an alcoholic product.
1600 (3) This section does not apply to a business licensed in accordance with Chapter 7,
1601Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.