Utah 2023 Regular Session

Utah House Bill HB0247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 247
	1	+	2nd Sub. H.B. 247
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: E.A. Evans 6
	4	+	6 02-09-23 8:10 PM 6
	5	+	H.B. 247
	6	+	2nd Sub. (Gray)
	7	+	Representative Ken Ivory proposes the following substitute bill:
2	8		1 ALCOHOL CONTROL AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ken Ivory
6		-	5 Senate Sponsor: ~~Scott D. Sandall~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill modifies the Alcoholic Beverage Control Act.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <modifies definitions;
14	20		13 <provides a penalty for altering, destroying, or concealing certain records that are
15	21		14relevant to an official proceeding under the Alcoholic Beverage Control Act;
16	22		15 <requires certain licensees under the Alcoholic Beverage Control Act to, after
17	23		16receiving notice of a certain civil or criminal action, retain records relevant to the
18	24		17action;
19	25		18 <describes the circumstances under which there is prima facie evidence that a person
20	26		19is liable for an injury or death that results from the intoxication of another
21	27		20individual; and
22	28		21 <makes technical changes.
23	29		22Money Appropriated in this Bill:
24	30		23 None
25	31		24Other Special Clauses:
26	32		25 None
	33	+	HB0247S02 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	34	+	- 2 -
27	35		26Utah Code Sections Affected:
28	36		27AMENDS:
29	37		28 32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
30		-	29 32B-4-505, as last amended by Laws of Utah 2019, Chapter 189 H.B. 247 Enrolled Copy
31		-	- 2 -
	38	+	29 32B-4-505, as last amended by Laws of Utah 2019, Chapter 189
32	39		30 32B-5-202, as last amended by Laws of Utah 2022, Chapter 447
33	40		31 32B-5-302, as enacted by Laws of Utah 2010, Chapter 276
34	41		32 32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
35	42		33 32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
36	43		34 32B-6-406, as last amended by Laws of Utah 2020, Chapter 219
37	44		35 32B-6-605, as last amended by Laws of Utah 2022, Chapter 447
38	45		36 32B-6-706, as last amended by Laws of Utah 2022, Chapter 447
39	46		37 32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
40	47		38 32B-6-1005, as last amended by Laws of Utah 2022, Chapter 447
41	48		39 32B-15-201, as enacted by Laws of Utah 2010, Chapter 276
42	49		40
43	50		41Be it enacted by the Legislature of the state of Utah:
44	51		42 Section 1. Section 32B-1-102 is amended to read:
45	52		43 32B-1-102. Definitions.
46	53		44 As used in this title:
47	54		45 (1) "Airport lounge" means a business location:
48	55		46 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
49	56		47 (b) that is located at an international airport.
50	57		48 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
51	58		49Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
52	59		50 (3) "Alcoholic beverage" means the following:
53	60		51 (a) beer; or
54	61		52 (b) liquor.
55	62		53 (4) (a) "Alcoholic product" means a product that:
56	63		54 (i) contains at least .5% of alcohol by volume; and
57	64		55 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
58		-	56process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
59		-	57in an amount equal to or greater than .5% of alcohol by volume. Enrolled Copy H.B. 247
	65	+	56process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
60	66		- 3 -
	67	+	57in an amount equal to or greater than .5% of alcohol by volume.
61	68		58 (b) "Alcoholic product" includes an alcoholic beverage.
62	69		59 (c) "Alcoholic product" does not include any of the following common items that
63	70		60otherwise come within the definition of an alcoholic product:
64	71		61 (i) except as provided in Subsection (4)(d), an extract;
65	72		62 (ii) vinegar;
66	73		63 (iii) preserved nonintoxicating cider;
67	74		64 (iv) essence;
68	75		65 (v) tincture;
69	76		66 (vi) food preparation; or
70	77		67 (vii) an over-the-counter medicine.
71	78		68 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
72	79		69when it is used as a flavoring in the manufacturing of an alcoholic product.
73	80		70 (5) "Alcohol training and education seminar" means a seminar that is:
74	81		71 (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
75	82		72 (b) described in Section 62A-15-401.
76	83		73 (6) "Arena" means an enclosed building:
77	84		74 (a) that is managed by:
78	85		75 (i) the same person who owns the enclosed building;
79	86		76 (ii) a person who has a majority interest in each person who owns or manages a space
80	87		77in the enclosed building; or
81	88		78 (iii) a person who has authority to direct or exercise control over the management or
82	89		79policy of each person who owns or manages a space in the enclosed building;
83	90		80 (b) that operates as a venue; and
84	91		81 (c) that has an occupancy capacity of at least 12,500.
85	92		82 (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
86	93		83License Act, and Chapter 8c, Arena License Act.
87	94		84 (8) "Banquet" means an event:
88		-	85 (a) that is a private event or a privately sponsored event; H.B. 247 Enrolled Copy
	95	+	85 (a) that is a private event or a privately sponsored event;
	96	+	86 (b) that is held at one or more designated locations approved by the commission in or
	97	+	87on the premises of: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
89	98		- 4 -
90		-	86 (b) that is held at one or more designated locations approved by the commission in or
91		-	87on the premises of:
92	99		88 (i) a hotel;
93	100		89 (ii) a resort facility;
94	101		90 (iii) a sports center;
95	102		91 (iv) a convention center;
96	103		92 (v) a performing arts facility; or
97	104		93 (vi) an arena;
98	105		94 (c) for which there is a contract:
99	106		95 (i) between a person operating a facility listed in Subsection (8)(b) and another person
100	107		96that has common ownership of less than 20% with the person operating the facility; and
101	108		97 (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
102	109		98provide an alcoholic product at the event; and
103	110		99 (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
104	111		100 (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
105	112		1015, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
106	113		102 (b) "Bar establishment license" includes:
107	114		103 (i) a dining club license;
108	115		104 (ii) an equity license;
109	116		105 (iii) a fraternal license; or
110	117		106 (iv) a bar license.
111	118		107 (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
112	119		108Act, and Chapter 6, Part 4, Bar Establishment License.
113	120		109 (11) (a) "Beer" means a product that:
114	121		110 (i) contains:
115	122		111 (A) at least .5% of alcohol by volume; and
116	123		112 (B) no more than 5% of alcohol by volume or 4% by weight;
117		-	113 (ii) is obtained by fermentation, infusion, or decoction of: Enrolled Copy H.B. 247
118		-	- 5 -
	124	+	113 (ii) is obtained by fermentation, infusion, or decoction of:
119	125		114 (A) malt; or
120	126		115 (B) a malt substitute; and
121	127		116 (iii) is clearly marketed, labeled, and identified as:
122	128		117 (A) beer;
123		-	118 (B) ale;
	129	+	118 (B) ale; 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	130	+	- 5 -
124	131		119 (C) porter;
125	132		120 (D) stout;
126	133		121 (E) lager;
127	134		122 (F) a malt;
128	135		123 (G) a malted beverage; or
129	136		124 (H) seltzer.
130	137		125 (b) "Beer" may contain:
131	138		126 (i) hops extract; or
132	139		127 (ii) caffeine, if the caffeine is a natural constituent of an added ingredient.
133	140		128 (c) "Beer" does not include:
134	141		129 (i) a flavored malt beverage;
135	142		130 (ii) a product that contains alcohol derived from:
136	143		131 (A) spirituous liquor; or
137	144		132 (B) wine; or
138	145		133 (iii) a product that contains an additive masking or altering a physiological effect of
139	146		134alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
140	147		135 (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
141	148		1365, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
142	149		137 (13) "Beer retailer" means a business that:
143	150		138 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
144	151		139for consumption on or off the business premises; and
145	152		140 (b) is licensed as:
146		-	141 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer H.B. 247 Enrolled Copy
147		-	- 6 -
	153	+	141 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
148	154		142Retailer Local Authority; or
149	155		143 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
150	156		144Chapter 6, Part 7, On-Premise Beer Retailer License.
151	157		145 (14) "Beer wholesaling license" means a license:
152	158		146 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
153	159		147 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
154	160		148retail licensees or off-premise beer retailers.
155		-	149 (15) "Billboard" means a public display used to advertise, including:
	161	+	149 (15) "Billboard" means a public display used to advertise, including: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	162	+	- 6 -
156	163		150 (a) a light device;
157	164		151 (b) a painting;
158	165		152 (c) a drawing;
159	166		153 (d) a poster;
160	167		154 (e) a sign;
161	168		155 (f) a signboard; or
162	169		156 (g) a scoreboard.
163	170		157 (16) "Brewer" means a person engaged in manufacturing:
164	171		158 (a) beer;
165	172		159 (b) heavy beer; or
166	173		160 (c) a flavored malt beverage.
167	174		161 (17) "Brewery manufacturing license" means a license issued in accordance with
168	175		162Chapter 11, Part 5, Brewery Manufacturing License.
169	176		163 (18) "Certificate of approval" means a certificate of approval obtained from the
170	177		164department under Section 32B-11-201.
171	178		165 (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
172	179		166a bus company to a group of persons pursuant to a common purpose:
173	180		167 (a) under a single contract;
174	181		168 (b) at a fixed charge in accordance with the bus company's tariff; and
175		-	169 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other Enrolled Copy H.B. 247
176		-	- 7 -
	182	+	169 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
177	183		170motor vehicle, and a driver to travel together to one or more specified destinations.
178	184		171 (20) "Church" means a building:
179	185		172 (a) set apart for worship;
180	186		173 (b) in which religious services are held;
181	187		174 (c) with which clergy is associated; and
182	188		175 (d) that is tax exempt under the laws of this state.
183	189		176 (21) "Commission" means the Alcoholic Beverage Services Commission created in
184	190		177Section 32B-2-201.
185	191		178 (22) "Commissioner" means a member of the commission.
186	192		179 (23) "Community location" means:
187		-	180 (a) a public or private school;
	193	+	180 (a) a public or private school; 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	194	+	- 7 -
188	195		181 (b) a church;
189	196		182 (c) a public library;
190	197		183 (d) a public playground; or
191	198		184 (e) a public park.
192	199		185 (24) "Community location governing authority" means:
193	200		186 (a) the governing body of the community location; or
194	201		187 (b) if the commission does not know who is the governing body of a community
195	202		188location, a person who appears to the commission to have been given on behalf of the
196	203		189community location the authority to prohibit an activity at the community location.
197	204		190 (25) "Container" means a receptacle that contains an alcoholic product, including:
198	205		191 (a) a bottle;
199	206		192 (b) a vessel; or
200	207		193 (c) a similar item.
201	208		194 (26) "Controlled group of manufacturers" means as the commission defines by rule
202	209		195made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
203	210		196 (27) "Convention center" means a facility that is:
204		-	197 (a) in total at least 30,000 square feet; and H.B. 247 Enrolled Copy
205		-	- 8 -
	211	+	197 (a) in total at least 30,000 square feet; and
206	212		198 (b) otherwise defined as a "convention center" by the commission by rule.
207	213		199 (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
208	214		200where seating is provided to a patron for service of food.
209	215		201 (b) "Counter" does not include a dispensing structure.
210	216		202 (29) "Crime involving moral turpitude" is as defined by the commission by rule.
211	217		203 (30) "Department" means the Department of Alcoholic Beverage Services created in
212	218		204Section 32B-2-203.
213	219		205 (31) "Department compliance officer" means an individual who is:
214	220		206 (a) an auditor or inspector; and
215	221		207 (b) employed by the department.
216	222		208 (32) "Department sample" means liquor that is placed in the possession of the
217	223		209department for testing, analysis, and sampling.
218	224		210 (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
219		-	211License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
	225	+	211License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	226	+	- 8 -
220	227		212commission as a dining club license.
221	228		213 (34) "Director," unless the context requires otherwise, means the director of the
222	229		214department.
223	230		215 (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
224	231		216title:
225	232		217 (a) against a person subject to administrative action; and
226	233		218 (b) that is brought on the basis of a violation of this title.
227	234		219 (36) (a) Subject to Subsection (36)(b), "dispense" means:
228	235		220 (i) drawing an alcoholic product; and
229	236		221 (ii) using the alcoholic product at the location from which it was drawn to mix or
230	237		222prepare an alcoholic product to be furnished to a patron of the retail licensee.
231	238		223 (b) The definition of "dispense" in this Subsection (36) applies only to:
232	239		224 (i) a full-service restaurant license;
233		-	225 (ii) a limited-service restaurant license; Enrolled Copy H.B. 247
234		-	- 9 -
	240	+	225 (ii) a limited-service restaurant license;
235	241		226 (iii) a reception center license;
236	242		227 (iv) a beer-only restaurant license;
237	243		228 (v) a bar license;
238	244		229 (vi) an on-premise beer retailer;
239	245		230 (vii) an airport lounge license;
240	246		231 (viii) an on-premise banquet license; and
241	247		232 (ix) a hospitality amenity license.
242	248		233 (37) "Dispensing structure" means a surface or structure on a licensed premises:
243	249		234 (a) where an alcoholic product is dispensed; or
244	250		235 (b) from which an alcoholic product is served.
245	251		236 (38) "Distillery manufacturing license" means a license issued in accordance with
246	252		237Chapter 11, Part 4, Distillery Manufacturing License.
247	253		238 (39) "Distressed merchandise" means an alcoholic product in the possession of the
248	254		239department that is saleable, but for some reason is unappealing to the public.
249	255		240 (40) "Equity license" means a license issued in accordance with Chapter 5, Retail
250	256		241License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
251		-	242commission as an equity license.
	257	+	242commission as an equity license. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	258	+	- 9 -
252	259		243 (41) "Event permit" means:
253	260		244 (a) a single event permit; or
254	261		245 (b) a temporary beer event permit.
255	262		246 (42) "Exempt license" means a license exempt under Section 32B-1-201 from being
256	263		247considered in determining the total number of retail licenses that the commission may issue at
257	264		248any time.
258	265		249 (43) (a) "Flavored malt beverage" means a beverage:
259	266		250 (i) that contains at least .5% alcohol by volume;
260	267		251 (ii) for which the producer is required to file a formula for approval with the federal
261	268		252Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
262		-	253is treated by processing, filtration, or another method of manufacture that is not generally H.B. 247 Enrolled Copy
263		-	- 10 -
	269	+	253is treated by processing, filtration, or another method of manufacture that is not generally
264	270		254recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
265	271		255liquor; and
266	272		256 (iii) for which the producer is required to file a formula for approval with the federal
267	273		257Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
268	274		258includes an ingredient containing alcohol.
269	275		259 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
270	276		260 (44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
271	277		261License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
272	278		262commission as a fraternal license.
273	279		263 (45) "Full-service restaurant license" means a license issued in accordance with
274	280		264Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
275	281		265 (46) (a) "Furnish" means by any means to provide with, supply, or give an individual
276	282		266an alcoholic product, by sale or otherwise.
277	283		267 (b) "Furnish" includes to:
278	284		268 (i) serve;
279	285		269 (ii) deliver; or
280	286		270 (iii) otherwise make available.
281	287		271 (47) "Guest" means an individual who meets the requirements of Subsection
282	288		27232B-6-407(9).
283		-	273 (48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
	289	+	273 (48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041. 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	290	+	- 10 -
284	291		274 (49) "Health care practitioner" means:
285	292		275 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
286	293		276 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
287	294		277 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
288	295		278 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
289	296		279Act;
290	297		280 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
291		-	281Nurse Practice Act; Enrolled Copy H.B. 247
292		-	- 11 -
	298	+	281Nurse Practice Act;
293	299		282 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
294	300		283Practice Act;
295	301		284 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
296	302		285Therapy Practice Act;
297	303		286 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
298	304		287 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
299	305		288Professional Practice Act;
300	306		289 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
301	307		290 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
302	308		291Practice Act;
303	309		292 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
304	310		293Hygienist Practice Act; and
305	311		294 (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
306	312		295Assistant Act.
307	313		296 (50) (a) "Heavy beer" means a product that:
308	314		297 (i) contains more than 5% alcohol by volume; and
309	315		298 (ii) is obtained by fermentation, infusion, or decoction of:
310	316		299 (A) malt; or
311	317		300 (B) a malt substitute.
312	318		301 (b) "Heavy beer" is considered liquor for the purposes of this title.
313	319		302 (51) "Hospitality amenity license" means a license issued in accordance with Chapter
314	320		3035, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
315		-	304 (52) (a) "Hotel" means a commercial lodging establishment that:
	321	+	304 (52) (a) "Hotel" means a commercial lodging establishment that: 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	322	+	- 11 -
316	323		305 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
317	324		306 (ii) is capable of hosting conventions, conferences, and food and beverage functions
318	325		307under a banquet contract; and
319	326		308 (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
320		-	309meals; H.B. 247 Enrolled Copy
321		-	- 12 -
	327	+	309meals;
322	328		310 (B) has at least 1,000 square feet of function space consisting of meeting or dining
323	329		311rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
324	330		312 (C) if the establishment is located in a small or unincorporated locality, has an
325	331		313appropriate amount of function space consisting of meeting or dining rooms that can be
326	332		314reserved for private use under a banquet contract, as determined by the commission.
327	333		315 (b) "Hotel" includes a commercial lodging establishment that:
328	334		316 (i) meets the requirements under Subsection (52)(a); and
329	335		317 (ii) has one or more privately owned dwelling units.
330	336		318 (53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
331	337		319License Act, and Chapter 8b, Hotel License Act.
332	338		320 (54) "Identification card" means an identification card issued under Title 53, Chapter 3,
333	339		321Part 8, Identification Card Act.
334	340		322 (55) "Industry representative" means an individual who is compensated by salary,
335	341		323commission, or other means for representing and selling an alcoholic product of a
336	342		324manufacturer, supplier, or importer of liquor.
337	343		325 (56) "Industry representative sample" means liquor that is placed in the possession of
338	344		326the department for testing, analysis, and sampling by a local industry representative on the
339	345		327premises of the department to educate the local industry representative of the quality and
340	346		328characteristics of the product.
341	347		329 (57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
342	348		330of an alcoholic product is prohibited by:
343	349		331 (a) law; or
344	350		332 (b) court order.
345	351		333 (58) "International airport" means an airport:
346	352		334 (a) with a United States Customs and Border Protection office on the premises of the
347		-	335airport; and
	353	+	335airport; and 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	354	+	- 12 -
348	355		336 (b) at which international flights may enter and depart.
349		-	337 (59) "Intoxicated" or "intoxication" means that [a person:] an individual [(a) is Enrolled Copy H.B. 247
350		-	- 13 -
351		-	338significantly impaired as to the person's mental or physical functions] exhibits plain and easily
352		-	339observable outward manifestations of behavior or physical signs produced by or as a result of
353		-	340the use of:
	356	+	337 (59) "Intoxicated" or "intoxication" means that [a person:] an individual
	357	+	338 [(a) is significantly impaired as to the person's mental or physical functions] exhibits
	358	+	339plain and easily observable outward manifestations of behavior or physical signs produced by
	359	+	340or as a result of the use of:
354	360		341 [(i)] (a) an alcoholic product;
355	361		342 [(ii)] (b) a controlled substance;
356	362		343 [(iii)] (c) a substance having the property of releasing toxic vapors; or
357	363		344 [(iv)] (d) a combination of products or substances described in Subsections [(59)(a)(i)
358	364		345through (iii); and] (59)(a) through (c).
359	365		346 [(b) exhibits plain and easily observed outward manifestations of behavior or physical
360	366		347signs produced by the overconsumption of an alcoholic product.]
361	367		348 (60) "Investigator" means an individual who is:
362	368		349 (a) a department compliance officer; or
363	369		350 (b) a nondepartment enforcement officer.
364	370		351 (61) "License" means:
365	371		352 (a) a retail license;
366	372		353 (b) a sublicense;
367	373		354 (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
368	374		355State License;
369	375		356 (d) a license issued in accordance with Chapter 11, Manufacturing and Related
370	376		357Licenses Act;
371	377		358 (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
372	378		359 (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
373	379		360 (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
374	380		361 (62) "Licensee" means a person who holds a license.
375	381		362 (63) "Limited-service restaurant license" means a license issued in accordance with
376	382		363Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
377	383		364 (64) "Limousine" means a motor vehicle licensed by the state or a local authority, other
378		-	365than a bus or taxicab: ~~H.B. 247 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~366 (a) in which the driver and a passenger are separated by a partition, glass, or other~~
	384	+	365than a bus or taxicab:
	385	+	366 (a) in which the driver and a passenger are separated by a partition, glass, or other 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	386	+	- 13 -
381	387		367barrier;
382	388		368 (b) that is provided by a business entity to one or more individuals at a fixed charge in
383	389		369accordance with the business entity's tariff; and
384	390		370 (c) to give the one or more individuals the exclusive use of the limousine and a driver
385	391		371to travel to one or more specified destinations.
386	392		372 (65) (a) (i) "Liquor" means a liquid that:
387	393		373 (A) is:
388	394		374 (I) alcohol;
389	395		375 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
390	396		376 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
391	397		377 (IV) other drink or drinkable liquid; and
392	398		378 (B) (I) contains at least .5% alcohol by volume; and
393	399		379 (II) is suitable to use for beverage purposes.
394	400		380 (ii) "Liquor" includes:
395	401		381 (A) heavy beer;
396	402		382 (B) wine; and
397	403		383 (C) a flavored malt beverage.
398	404		384 (b) "Liquor" does not include beer.
399	405		385 (66) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
400	406		386 (67) "Liquor transport license" means a license issued in accordance with Chapter 17,
401	407		387Liquor Transport License Act.
402	408		388 (68) "Liquor warehousing license" means a license that is issued:
403	409		389 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
404	410		390 (b) to a person, other than a licensed manufacturer, who engages in the importation for
405	411		391storage, sale, or distribution of liquor regardless of amount.
406	412		392 (69) "Local authority" means:
407		-	393 (a) for premises that are located in an unincorporated area of a county, the governing Enrolled Copy H.B. 247
408		-	- 15 -
	413	+	393 (a) for premises that are located in an unincorporated area of a county, the governing
409	414		394body of a county;
410	415		395 (b) for premises that are located in an incorporated city, town, or metro township, the
411	416		396governing body of the city, town, or metro township; or
412		-	397 (c) for premises that are located in a project area as defined in Section 63H-1-102 and
	417	+	397 (c) for premises that are located in a project area as defined in Section 63H-1-102 and 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	418	+	- 14 -
413	419		398in a project area plan adopted by the Military Installation Development Authority under Title
414	420		39963H, Chapter 1, Military Installation Development Authority Act, the Military Installation
415	421		400Development Authority.
416	422		401 (70) "Lounge or bar area" is as defined by rule made by the commission.
417	423		402 (71) "Malt substitute" means:
418	424		403 (a) rice;
419	425		404 (b) grain;
420	426		405 (c) bran;
421	427		406 (d) glucose;
422	428		407 (e) sugar; or
423	429		408 (f) molasses.
424	430		409 (72) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
425	431		410otherwise make an alcoholic product for personal use or for sale or distribution to others.
426	432		411 (73) "Member" means an individual who, after paying regular dues, has full privileges
427	433		412in an equity licensee or fraternal licensee.
428	434		413 (74) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
429	435		414or homeport facility for a ship:
430	436		415 (i) (A) under the control of the United States Department of Defense; or
431	437		416 (B) of the National Guard;
432	438		417 (ii) that is located within the state; and
433	439		418 (iii) including a leased facility.
434	440		419 (b) "Military installation" does not include a facility used primarily for:
435	441		420 (i) civil works;
436		-	421 (ii) a rivers and harbors project; or H.B. 247 Enrolled Copy
437		-	- 16 -
	442	+	421 (ii) a rivers and harbors project; or
438	443		422 (iii) a flood control project.
439	444		423 (75) "Minibar" means an area of a hotel guest room where one or more alcoholic
440	445		424products are kept and offered for self-service sale or consumption.
441	446		425 (76) "Minor" means an individual under 21 years old.
442	447		426 (77) "Nondepartment enforcement agency" means an agency that:
443	448		427 (a) (i) is a state agency other than the department; or
444		-	428 (ii) is an agency of a county, city, town, or metro township; and
	449	+	428 (ii) is an agency of a county, city, town, or metro township; and 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	450	+	- 15 -
445	451		429 (b) has a responsibility to enforce one or more provisions of this title.
446	452		430 (78) "Nondepartment enforcement officer" means an individual who is:
447	453		431 (a) a peace officer, examiner, or investigator; and
448	454		432 (b) employed by a nondepartment enforcement agency.
449	455		433 (79) (a) "Off-premise beer retailer" means a beer retailer who is:
450	456		434 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
451	457		435 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
452	458		436premises.
453	459		437 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
454	460		438 (80) "Off-premise beer retailer state license" means a state license issued in accordance
455	461		439with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
456	462		440 (81) "On-premise banquet license" means a license issued in accordance with Chapter
457	463		4415, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
458	464		442 (82) "On-premise beer retailer" means a beer retailer who is:
459	465		443 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
460	466		444accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
461	467		445Retailer License; and
462	468		446 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
463	469		447premises:
464	470		448 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
465		-	449premises; and Enrolled Copy H.B. 247
466		-	- 17 -
	471	+	449premises; and
467	472		450 (ii) on and after March 1, 2012, operating:
468	473		451 (A) as a tavern; or
469	474		452 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
470	475		453 (83) "Opaque" means impenetrable to sight.
471	476		454 (84) "Package agency" means a retail liquor location operated:
472	477		455 (a) under an agreement with the department; and
473	478		456 (b) by a person:
474	479		457 (i) other than the state; and
475	480		458 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
476		-	459Agency, to sell packaged liquor for consumption off the premises of the package agency.
	481	+	459Agency, to sell packaged liquor for consumption off the premises of the package agency. 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	482	+	- 16 -
477	483		460 (85) "Package agent" means a person who holds a package agency.
478	484		461 (86) "Patron" means an individual to whom food, beverages, or services are sold,
479	485		462offered for sale, or furnished, or who consumes an alcoholic product including:
480	486		463 (a) a customer;
481	487		464 (b) a member;
482	488		465 (c) a guest;
483	489		466 (d) an attendee of a banquet or event;
484	490		467 (e) an individual who receives room service;
485	491		468 (f) a resident of a resort; or
486	492		469 (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
487	493		470license.
488	494		471 (87) (a) "Performing arts facility" means a multi-use performance space that:
489	495		472 (i) is primarily used to present various types of performing arts, including dance,
490	496		473music, and theater;
491	497		474 (ii) contains over 2,500 seats;
492	498		475 (iii) is owned and operated by a governmental entity; and
493	499		476 (iv) is located in a city of the first class.
494		-	477 (b) "Performing arts facility" does not include a space that is used to present sporting H.B. 247 Enrolled Copy
495		-	- 18 -
	500	+	477 (b) "Performing arts facility" does not include a space that is used to present sporting
496	501		478events or sporting competitions.
497	502		479 (88) "Permittee" means a person issued a permit under:
498	503		480 (a) Chapter 9, Event Permit Act; or
499	504		481 (b) Chapter 10, Special Use Permit Act.
500	505		482 (89) "Person subject to administrative action" means:
501	506		483 (a) a licensee;
502	507		484 (b) a permittee;
503	508		485 (c) a manufacturer;
504	509		486 (d) a supplier;
505	510		487 (e) an importer;
506	511		488 (f) one of the following holding a certificate of approval:
507	512		489 (i) an out-of-state brewer;
508		-	490 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
	513	+	490 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	514	+	- 17 -
509	515		491 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
510	516		492 (g) staff of:
511	517		493 (i) a person listed in Subsections (89)(a) through (f); or
512	518		494 (ii) a package agent.
513	519		495 (90) "Premises" means a building, enclosure, or room used in connection with the
514	520		496storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
515	521		497unless otherwise defined in this title or rules made by the commission.
516	522		498 (91) "Prescription" means an order issued by a health care practitioner when:
517	523		499 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
518	524		500to prescribe a controlled substance, other drug, or device for medicinal purposes;
519	525		501 (b) the order is made in the course of that health care practitioner's professional
520	526		502practice; and
521	527		503 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
522	528		504 (92) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
523		-	505 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient. Enrolled Copy H.B. 247
524		-	- 19 -
	529	+	505 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
525	530		506 (93) "Principal license" means:
526	531		507 (a) a resort license;
527	532		508 (b) a hotel license; or
528	533		509 (c) an arena license.
529	534		510 (94) (a) "Private event" means a specific social, business, or recreational event:
530	535		511 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
531	536		512group; and
532	537		513 (ii) that is limited in attendance to people who are specifically designated and their
533	538		514guests.
534	539		515 (b) "Private event" does not include an event to which the general public is invited,
535	540		516whether for an admission fee or not.
536	541		517 (95) "Privately sponsored event" means a specific social, business, or recreational
537	542		518event:
538	543		519 (a) that is held in or on the premises of an on-premise banquet licensee; and
539	544		520 (b) to which entry is restricted by an admission fee.
540		-	521 (96) (a) "Proof of age" means:
	545	+	521 (96) (a) "Proof of age" means: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	546	+	- 18 -
541	547		522 (i) an identification card;
542	548		523 (ii) an identification that:
543	549		524 (A) is substantially similar to an identification card;
544	550		525 (B) is issued in accordance with the laws of a state other than Utah in which the
545	551		526identification is issued;
546	552		527 (C) includes date of birth; and
547	553		528 (D) has a picture affixed;
548	554		529 (iii) a valid driver license certificate that:
549	555		530 (A) includes date of birth;
550	556		531 (B) has a picture affixed; and
551	557		532 (C) is issued:
552		-	533 (I) under Title 53, Chapter 3, Uniform Driver License Act; H.B. 247 Enrolled Copy
553		-	- 20 -
	558	+	533 (I) under Title 53, Chapter 3, Uniform Driver License Act;
554	559		534 (II) in accordance with the laws of the state in which it is issued; or
555	560		535 (III) in accordance with federal law by the United States Department of State;
556	561		536 (iv) a military identification card that:
557	562		537 (A) includes date of birth; and
558	563		538 (B) has a picture affixed; or
559	564		539 (v) a valid passport.
560	565		540 (b) "Proof of age" does not include a driving privilege card issued in accordance with
561	566		541Section 53-3-207.
562	567		542 (97) "Provisions applicable to a sublicense" means:
563	568		543 (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
564	569		544restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
565	570		545 (b) for a limited-service restaurant sublicense, the provisions applicable to a
566	571		546limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
567	572		547 (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
568	573		548license under Chapter 6, Part 4, Bar Establishment License;
569	574		549 (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
570	575		550banquet license under Chapter 6, Part 6, On-Premise Banquet License;
571	576		551 (e) for an on-premise beer retailer sublicense, the provisions applicable to an
572		-	552on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
	577	+	552on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License; 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	578	+	- 19 -
573	579		553 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
574	580		554restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
575	581		555 (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
576	582		556license under Chapter 6, Part 10, Hospitality Amenity License; and
577	583		557 (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
578	584		558Part 2, Spa Sublicense.
579	585		559 (98) (a) "Public building" means a building or permanent structure that is:
580	586		560 (i) owned or leased by:
581		-	561 (A) the state; or Enrolled Copy H.B. 247
582		-	- 21 -
	587	+	561 (A) the state; or
583	588		562 (B) a local government entity; and
584	589		563 (ii) used for:
585	590		564 (A) public education;
586	591		565 (B) transacting public business; or
587	592		566 (C) regularly conducting government activities.
588	593		567 (b) "Public building" does not include a building owned by the state or a local
589	594		568government entity when the building is used by a person, in whole or in part, for a proprietary
590	595		569function.
591	596		570 (99) "Public conveyance" means a conveyance that the public or a portion of the public
592	597		571has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
593	598		572other public conveyance.
594	599		573 (100) "Reception center" means a business that:
595	600		574 (a) operates facilities that are at least 5,000 square feet; and
596	601		575 (b) has as its primary purpose the leasing of the facilities described in Subsection
597	602		576(100)(a) to a third party for the third party's event.
598	603		577 (101) "Reception center license" means a license issued in accordance with Chapter 5,
599	604		578Retail License Act, and Chapter 6, Part 8, Reception Center License.
600	605		579 (102) (a) "Record" means information that is:
601	606		580 (i) inscribed on a tangible medium; or
602	607		581 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
603	608		582 (b) "Record" includes:
604		-	583 (i) a book;
	609	+	583 (i) a book; 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	610	+	- 20 -
605	611		584 (ii) a book of account;
606	612		585 (iii) a paper;
607	613		586 (iv) a contract;
608	614		587 (v) an agreement;
609	615		588 (vi) a document; or
610		-	589 (vii) a recording in any medium. H.B. 247 Enrolled Copy
611		-	- 22 -
	616	+	589 (vii) a recording in any medium.
612	617		590 (103) "Residence" means a person's principal place of abode within Utah.
613	618		591 (104) "Resident," in relation to a resort, means the same as that term is defined in
614	619		592Section 32B-8-102.
615	620		593 (105) "Resort" means the same as that term is defined in Section 32B-8-102.
616	621		594 (106) "Resort facility" is as defined by the commission by rule.
617	622		595 (107) "Resort license" means a license issued in accordance with Chapter 5, Retail
618	623		596License Act, and Chapter 8, Resort License Act.
619	624		597 (108) "Responsible alcohol service plan" means a written set of policies and
620	625		598procedures that outlines measures to prevent employees from:
621	626		599 (a) over-serving alcoholic beverages to customers;
622	627		600 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
623	628		601intoxicated; and
624	629		602 (c) serving alcoholic beverages to minors.
625	630		603 (109) "Restaurant" means a business location:
626	631		604 (a) at which a variety of foods are prepared;
627	632		605 (b) at which complete meals are served; and
628	633		606 (c) that is engaged primarily in serving meals.
629	634		607 (110) "Restaurant license" means one of the following licenses issued under this title:
630	635		608 (a) a full-service restaurant license;
631	636		609 (b) a limited-service restaurant license; or
632	637		610 (c) a beer-only restaurant license.
633	638		611 (111) "Retail license" means one of the following licenses issued under this title:
634	639		612 (a) a full-service restaurant license;
635	640		613 (b) a master full-service restaurant license;
636		-	614 (c) a limited-service restaurant license;
	641	+	614 (c) a limited-service restaurant license; 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	642	+	- 21 -
637	643		615 (d) a master limited-service restaurant license;
638	644		616 (e) a bar establishment license;
639		-	617 (f) an airport lounge license; Enrolled Copy H.B. 247
640		-	- 23 -
	645	+	617 (f) an airport lounge license;
641	646		618 (g) an on-premise banquet license;
642	647		619 (h) an on-premise beer license;
643	648		620 (i) a reception center license;
644	649		621 (j) a beer-only restaurant license;
645	650		622 (k) a hospitality amenity license;
646	651		623 (l) a resort license;
647	652		624 (m) a hotel license; or
648	653		625 (n) an arena license.
649	654		626 (112) "Room service" means furnishing an alcoholic product to a person in a guest
650	655		627room or privately owned dwelling unit of a:
651	656		628 (a) hotel; or
652	657		629 (b) resort facility.
653	658		630 (113) (a) "School" means a building in which any part is used for more than three
654	659		631hours each weekday during a school year as a public or private:
655	660		632 (i) elementary school;
656	661		633 (ii) secondary school; or
657	662		634 (iii) kindergarten.
658	663		635 (b) "School" does not include:
659	664		636 (i) a nursery school;
660	665		637 (ii) a day care center;
661	666		638 (iii) a trade and technical school;
662	667		639 (iv) a preschool; or
663	668		640 (v) a home school.
664	669		641 (114) "Secondary flavoring ingredient" means any spirituous liquor added to a
665	670		642beverage for additional flavoring that is different in type, flavor, or brand from the primary
666	671		643spirituous liquor in the beverage.
667	672		644 (115) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
668		-	645consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, H.B. 247 ~~Enrolled Copy~~
669		-	- 24 -
	673	+	645consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	674	+	- 22 -
670	675		646delivered for value, or by a means or under a pretext is promised or obtained, whether done by
671	676		647a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
672	677		648made by the commission.
673	678		649 (116) "Serve" means to place an alcoholic product before an individual.
674	679		650 (117) "Sexually oriented entertainer" means a person who while in a state of
675	680		651seminudity appears at or performs:
676	681		652 (a) for the entertainment of one or more patrons;
677	682		653 (b) on the premises of:
678	683		654 (i) a bar licensee; or
679	684		655 (ii) a tavern;
680	685		656 (c) on behalf of or at the request of the licensee described in Subsection (117)(b);
681	686		657 (d) on a contractual or voluntary basis; and
682	687		658 (e) whether or not the person is designated as:
683	688		659 (i) an employee;
684	689		660 (ii) an independent contractor;
685	690		661 (iii) an agent of the licensee; or
686	691		662 (iv) a different type of classification.
687	692		663 (118) "Shared seating area" means the licensed premises of two or more restaurant
688	693		664licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
689	694		665accordance with Subsection 32B-5-207(3).
690	695		666 (119) "Single event permit" means a permit issued in accordance with Chapter 9, Part
691	696		6673, Single Event Permit.
692	697		668 (120) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
693	698		669beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
694	699		670 (a) if the brewer is part of a controlled group of manufacturers, including the combined
695	700		671volume totals of production for all breweries that constitute the controlled group of
696	701		672manufacturers; and
697		-	673 (b) excluding beer, heavy beer, or flavored malt beverage the brewer: Enrolled Copy H.B. 247
698		-	- 25 -
	702	+	673 (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
699	703		674 (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
700	704		675determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
701		-	676Rulemaking Act; and
	705	+	676Rulemaking Act; and 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	706	+	- 23 -
702	707		677 (ii) does not sell for consumption as, or in, a beverage.
703	708		678 (121) "Small or unincorporated locality" means:
704	709		679 (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
705	710		680 (b) a town, as classified under Section 10-2-301; or
706	711		681 (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
707	712		682under Section 17-50-501.
708	713		683 (122) "Spa sublicense" means a sublicense:
709	714		684 (a) to a resort license or hotel license; and
710	715		685 (b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
711	716		686 (123) "Special use permit" means a permit issued in accordance with Chapter 10,
712	717		687Special Use Permit Act.
713	718		688 (124) (a) "Spirituous liquor" means liquor that is distilled.
714	719		689 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
715	720		69027 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
716	721		691 (125) "Sports center" is as defined by the commission by rule.
717	722		692 (126) (a) "Staff" means an individual who engages in activity governed by this title:
718	723		693 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
719	724		694holder;
720	725		695 (ii) at the request of the business, including a package agent, licensee, permittee, or
721	726		696certificate holder; or
722	727		697 (iii) under the authority of the business, including a package agent, licensee, permittee,
723	728		698or certificate holder.
724	729		699 (b) "Staff" includes:
725	730		700 (i) an officer;
726		-	701 (ii) a director; H.B. 247 Enrolled Copy
727		-	- 26 -
	731	+	701 (ii) a director;
728	732		702 (iii) an employee;
729	733		703 (iv) personnel management;
730	734		704 (v) an agent of the licensee, including a managing agent;
731	735		705 (vi) an operator; or
732	736		706 (vii) a representative.
733		-	707 (127) "State of nudity" means:
	737	+	707 (127) "State of nudity" means: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	738	+	- 24 -
734	739		708 (a) the appearance of:
735	740		709 (i) the nipple or areola of a female human breast;
736	741		710 (ii) a human genital;
737	742		711 (iii) a human pubic area; or
738	743		712 (iv) a human anus; or
739	744		713 (b) a state of dress that fails to opaquely cover:
740	745		714 (i) the nipple or areola of a female human breast;
741	746		715 (ii) a human genital;
742	747		716 (iii) a human pubic area; or
743	748		717 (iv) a human anus.
744	749		718 (128) "State of seminudity" means a state of dress in which opaque clothing covers no
745	750		719more than:
746	751		720 (a) the nipple and areola of the female human breast in a shape and color other than the
747	752		721natural shape and color of the nipple and areola; and
748	753		722 (b) the human genitals, pubic area, and anus:
749	754		723 (i) with no less than the following at its widest point:
750	755		724 (A) four inches coverage width in the front of the human body; and
751	756		725 (B) five inches coverage width in the back of the human body; and
752	757		726 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
753	758		727 (129) (a) "State store" means a facility for the sale of packaged liquor:
754	759		728 (i) located on premises owned or leased by the state; and
755		-	729 (ii) operated by a state employee. Enrolled Copy H.B. 247
756		-	- 27 -
	760	+	729 (ii) operated by a state employee.
757	761		730 (b) "State store" does not include:
758	762		731 (i) a package agency;
759	763		732 (ii) a licensee; or
760	764		733 (iii) a permittee.
761	765		734 (130) (a) "Storage area" means an area on licensed premises where the licensee stores
762	766		735an alcoholic product.
763	767		736 (b) "Store" means to place or maintain in a location an alcoholic product.
764	768		737 (131) "Sublicense" means:
765		-	738 (a) any of the following licenses issued as a subordinate license to, and contingent on
	769	+	738 (a) any of the following licenses issued as a subordinate license to, and contingent on 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	770	+	- 25 -
766	771		739the issuance of, a principal license:
767	772		740 (i) a full-service restaurant license;
768	773		741 (ii) a limited-service restaurant license;
769	774		742 (iii) a bar establishment license;
770	775		743 (iv) an on-premise banquet license;
771	776		744 (v) an on-premise beer retailer license;
772	777		745 (vi) a beer-only restaurant license; or
773	778		746 (vii) a hospitality amenity license; or
774	779		747 (b) a spa sublicense.
775	780		748 (132) "Supplier" means a person who sells an alcoholic product to the department.
776	781		749 (133) "Tavern" means an on-premise beer retailer who is:
777	782		750 (a) issued a license by the commission in accordance with Chapter 5, Retail License
778	783		751Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
779	784		752 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
780	785		753On-Premise Beer Retailer License.
781	786		754 (134) "Temporary beer event permit" means a permit issued in accordance with
782	787		755Chapter 9, Part 4, Temporary Beer Event Permit.
783	788		756 (135) "Temporary domicile" means the principal place of abode within Utah of a
784		-	757person who does not have a present intention to continue residency within Utah permanently or H.B. 247 Enrolled Copy
785		-	- 28 -
	789	+	757person who does not have a present intention to continue residency within Utah permanently or
786	790		758indefinitely.
787	791		759 (136) "Translucent" means a substance that allows light to pass through, but does not
788	792		760allow an object or person to be seen through the substance.
789	793		761 (137) "Unsaleable liquor merchandise" means a container that:
790	794		762 (a) is unsaleable because the container is:
791	795		763 (i) unlabeled;
792	796		764 (ii) leaky;
793	797		765 (iii) damaged;
794	798		766 (iv) difficult to open; or
795	799		767 (v) partly filled;
796	800		768 (b) (i) has faded labels or defective caps or corks;
797		-	769 (ii) has contents that are:
	801	+	769 (ii) has contents that are: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	802	+	- 26 -
798	803		770 (A) cloudy;
799	804		771 (B) spoiled; or
800	805		772 (C) chemically determined to be impure; or
801	806		773 (iii) contains:
802	807		774 (A) sediment; or
803	808		775 (B) a foreign substance; or
804	809		776 (c) is otherwise considered by the department as unfit for sale.
805	810		777 (138) (a) "Wine" means an alcoholic product obtained by the fermentation of the
806	811		778natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
807	812		779another ingredient is added.
808	813		780 (b) "Wine" includes:
809	814		781 (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
810	815		7824.10; and
811	816		783 (ii) hard cider.
812	817		784 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
813		-	785in this title. Enrolled Copy H.B. 247
814		-	- 29 -
	818	+	785in this title.
815	819		786 (139) "Winery manufacturing license" means a license issued in accordance with
816	820		787Chapter 11, Part 3, Winery Manufacturing License.
817	821		788 Section 2. Section 32B-4-505 is amended to read:
818	822		789 32B-4-505. Obstructing a search, official proceeding, or investigation.
819	823		790 (1) A person who is in the premises or has charge over premises may not refuse or fail
820	824		791to admit to the premises or obstruct the entry of any of the following who demands entry when
821	825		792acting under this title:
822	826		793 (a) a commissioner;
823	827		794 (b) an authorized representative of the commission or department; or
824	828		795 (c) a law enforcement officer.
825	829		796 (2) A person who is in the premises or has charge of the premises may not interfere
826	830		797with any of the following who is conducting an investigation under this title at the premises:
827	831		798 (a) a commissioner;
828	832		799 (b) an authorized representative of the commission or department; or
829		-	800 (c) a law enforcement officer.
	833	+	800 (c) a law enforcement officer. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	834	+	- 27 -
830	835		801 (3) After receiving written notice of an official proceeding or investigation under
831	836		802Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
832	837		803violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy,
833	838		804conceal, or remove a record that is relevant to the official proceeding or investigation.
834	839		805 (4) A person [is guilty of a class A misdemeanor if, believing] who believes that an
835	840		806official proceeding or investigation is pending or about to be instituted under this title[, that
836	841		807person:] may not:
837	842		808 (a) [alters, destroys, conceals, or removes] alter, destroy, conceal, or remove a record
838	843		809with a purpose to impair the record's verity or availability in the proceeding or investigation; or
839	844		810 (b) [makes, presents, or uses] make, present, or use anything that the person knows to
840	845		811be false with [a] the purpose to deceive any of the following who may be engaged in [a] the
841	846		812proceeding or investigation [under this title]:
842		-	813 (i) a commissioner; H.B. 247 Enrolled Copy
843		-	- 30 -
	847	+	813 (i) a commissioner;
844	848		814 (ii) an authorized representative of the commission or department;
845	849		815 (iii) a law enforcement officer; or
846	850		816 (iv) [other] another person.
847	851		817 (5) (a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3)
848	852		818is a class B misdemeanor.
849	853		819 (b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to
850	854		820an official proceeding or investigation for a violation of Section 32B-4-404.
851	855		821 (c) A violation of Subsection (4) is a class A misdemeanor.
852	856		822 Section 3. Section 32B-5-202 is amended to read:
853	857		823 32B-5-202. Renewal requirements.
854	858		824 (1) A retail license expires each year on the day specified in the relevant chapter or part
855	859		825for that type of retail license.
856	860		826 (2) (a) To renew a person's retail license, a retail licensee shall, on or before the day
857	861		827specified in the relevant chapter or part for the type of retail license that the person seeks to
858	862		828renew, submit:
859	863		829 (i) a completed renewal application in a form prescribed by the department;
860	864		830 (ii) a renewal fee in the amount specified in the relevant chapter or part for the type of
861		-	831retail license that the person seeks to renew; [and]
	865	+	831retail license that the person seeks to renew; [and] 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	866	+	- 28 -
862	867		832 (iii) a responsible alcohol service plan if, since the retail licensee's most recent
863	868		833application or renewal, the retail licensee:
864	869		834 (A) made substantial changes to the retail licensee's responsible alcohol service plan;
865	870		835or
866	871		836 (B) violated a provision of this chapter[.]; and
867	872		837 (iv) a certification in a form prescribed by the department of the retail licensee's
868	873		838compliance with Section 32B-5-302.
869	874		839 (b) The department may audit a retail licensee's responsible alcohol service plan.
870	875		840 (3) Failure to meet the renewal requirements results in an automatic forfeiture of the
871		-	841retail license effective on the day on which the existing retail license expires. Enrolled Copy H.B. 247
872		-	- 31 -
	876	+	841retail license effective on the day on which the existing retail license expires.
873	877		842 Section 4. Section 32B-5-302 is amended to read:
874	878		843 32B-5-302. Recordkeeping -- Retention.
875	879		844 (1) (a) A retail licensee shall make and maintain a record showing in detail:
876	880		845 [(a)] (i) quarterly expenditures made separately for:
877	881		846 [(i)] (A) malt or brewed beverages;
878	882		847 [(ii)] (B) liquor;
879	883		848 [(iii)] (C) set-ups;
880	884		849 [(iv)] (D) food; and
881	885		850 [(v)] (E) any other item required by the department; and
882	886		851 [(b)] (ii) sales made separately for:
883	887		852 [(i)] (A) malt or brewed beverages;
884	888		853 [(ii)] (B) set-ups;
885	889		854 [(iii)] (C) food; and
886	890		855 [(iv)] (D) any other item required by the department.
887	891		856 [(2)] (b) A retail licensee shall make and maintain a record required by Subsection
888	892		857(1)(a):
889	893		858 [(a)] (i) in a form approved by the department; and
890	894		859 [(b)] (ii) current for each three-month period.
891	895		860 [(3)] (c) A retail licensee shall support an expenditure by:
892	896		861 [(a)] (i) a delivery ticket;
893		-	862 [(b)] (ii) an invoice;
	897	+	862 [(b)] (ii) an invoice; 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	898	+	- 29 -
894	899		863 [(c)] (iii) a receipted bill;
895	900		864 [(d)] (iv) a canceled check;
896	901		865 [(e)] (v) a petty cash voucher; or
897	902		866 [(f)] (vi) other sustaining datum or memorandum.
898	903		867 [(4)] (d) In addition to a record required under Subsection [(1)] (1)(a), a retail licensee
899	904		868shall make and maintain any other record the department may require.
900		-	869 (2) After receiving written notice of an official proceeding or investigation under H.B. 247 Enrolled Copy
901		-	- 32 -
	905	+	869 (2) After receiving written notice of an official proceeding or investigation under
902	906		870Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a
903	907		871violation of Section 41-6a-502 or 41-6a-517, a retail licensee shall retain a record that is
904	908		872relevant to the proceeding or investigation, including any video surveillance, for a period of at
905	909		873least two years after the day on which the notice is received.
906	910		874 [(5)] (3) (a) A record of a retail licensee is subject to inspection by an authorized
907	911		875representative of the commission [and] or the department.
908	912		876 (b) A retail licensee shall allow the department, through an auditor or examiner of the
909	913		877department, to audit the records of the retail licensee at times the department considers
910	914		878advisable.
911	915		879 [(6)] (4) [Section] Sections 32B-1-205 [applies] and 32B-4-505 apply to a record
912	916		880required to be made or maintained in accordance with this section.
913	917		881 Section 5. Section 32B-6-205.2 is amended to read:
914	918		882 32B-6-205.2. Specific operational requirements for a full-service restaurant
915	919		883license -- On and after July 1, 2018, or July 1, 2022.
916	920		884 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
917	921		885Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
918	922		886shall comply with this section.
919	923		887 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
920	924		888accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
921	925		889 (i) a full-service restaurant licensee;
922	926		890 (ii) individual staff of a full-service restaurant licensee; or
923	927		891 (iii) both a full-service restaurant licensee and staff of the full-service restaurant
924	928		892licensee.
925		-	893 (2) (a) An individual who serves an alcoholic product in a full-service restaurant
	929	+	893 (2) (a) An individual who serves an alcoholic product in a full-service restaurant 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	930	+	- 30 -
926	931		894licensee's premises shall make a beverage tab for each table or group that orders or consumes
927	932		895an alcoholic product on the premises.
928	933		896 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
929		-	897each alcoholic product ordered or consumed. Enrolled Copy H.B. 247
930		-	- 33 -
	934	+	897each alcoholic product ordered or consumed.
931	935		898 (3) A full-service restaurant licensee may not make an individual's willingness to serve
932	936		899an alcoholic product a condition of employment with a full-service restaurant licensee.
933	937		900 (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
934	938		901licensed premises during the following time periods only:
935	939		902 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
936	940		903 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
937	941		904period that begins at 10:30 a.m. and ends at 11:59 p.m.
938	942		905 (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
939	943		906licensed premises during the following time periods only:
940	944		907 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
941	945		908 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
942	946		909period that begins at 10:30 a.m. and ends at 12:59 a.m.
943	947		910 (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
944	948		911on-premise consumption except after:
945	949		912 (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
946	950		913product is seated at:
947	951		914 (A) a table that is located in a dining area or a dispensing area;
948	952		915 (B) a counter that is located in a dining area or a dispensing area; or
949	953		916 (C) a dispensing structure that is located in a dispensing area; and
950	954		917 (ii) the full-service restaurant licensee confirms that the patron intends to:
951	955		918 (A) order food prepared, sold, and furnished at the licensed premises; and
952	956		919 (B) except as provided in Subsection (5)(b), consume the food at the same location
953	957		920where the patron is seated and furnished the alcoholic product.
954	958		921 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
955	959		922full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
956	960		923furnish to the patron one drink that contains a single portion of an alcoholic product as
957		-	924described in Section 32B-5-304 if:
958		-	~~925 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing H.B. 247 Enrolled Copy~~
959		-	~~- 34 -~~
	961	+	924described in Section 32B-5-304 if: 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	962	+	- 31 -
	963	+	925 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
960	964		926structure; and
961	965		927 (B) the full-service restaurant licensee first confirms that after the patron is seated in
962	966		928the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
963	967		929premises.
964	968		930 (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
965	969		931in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
966	970		932and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion
967	971		933of the patron's alcoholic product to the patron's seat in the dining area.
968	972		934 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
969	973		935 (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
970	974		936furnish beer for off-premise consumption except after the patron consumes on the licensed
971	975		937premises food prepared, sold, and furnished at the licensed premises.
972	976		938 (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
973	977		939culinary facilities for food preparation and dining accommodations.
974	978		940 (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
975	979		941licensed premises only if the patron is seated at:
976	980		942 (a) a table that is located in a dining area or dispensing area;
977	981		943 (b) a counter that is located in a dining area or dispensing area; or
978	982		944 (c) a dispensing structure located in a dispensing area.
979	983		945 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
980	984		946more than two alcoholic products of any kind at a time before the patron.
981	985		947 (b) A patron may not have more than one spirituous liquor drink at a time before the
982	986		948patron.
983	987		949 (c) An individual portion of wine is considered to be one alcoholic product under
984	988		950Subsection (7)(a).
985	989		951 (8) In accordance with the provisions of this section, an individual who is at least 21
986	990		952years old may consume food and beverages in a dispensing area.
987		-	953 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or Enrolled Copy H.B. 247
988		-	- 35 -
	991	+	953 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
989	992		954consume food or beverages in a dispensing area.
990		-	955 (b) (i) A minor may be in a dispensing area if the minor is:
	993	+	955 (b) (i) A minor may be in a dispensing area if the minor is: 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	994	+	- 32 -
991	995		956 (A) at least 16 years old and working as an employee of the full-service restaurant
992	996		957licensee; or
993	997		958 (B) performing maintenance and cleaning services as an employee of the full-service
994	998		959restaurant licensee when the full-service restaurant licensee is not open for business.
995	999		960 (ii) If there is no alternative route available, a minor may momentarily pass through a
996	1000		961dispensing area without remaining or sitting in the dispensing area en route to an area of the
997	1001		962full-service restaurant licensee's premises in which the minor is permitted to be.
998	1002		963 (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
999	1003		964may dispense an alcoholic product only if:
1000	1004		965 (a) the alcoholic product is dispensed from:
1001	1005		966 (i) a dispensing structure that is located in a dispensing area;
1002	1006		967 (ii) an area that is:
1003	1007		968 (A) separated from an area for the consumption of food by a patron by a solid,
1004	1008		969translucent, permanent structural barrier such that the facilities for the dispensing of an
1005	1009		970alcoholic product are not readily visible to a patron and not accessible by a patron; and
1006	1010		971 (B) apart from an area used for dining, for staging, or as a waiting area; or
1007	1011		972 (iii) the premises of a bar licensee that is:
1008	1012		973 (A) owned by the same person or persons as the full-service restaurant licensee; and
1009	1013		974 (B) located immediately adjacent to the premises of the full-service restaurant licensee;
1010	1014		975and
1011	1015		976 (b) any instrument or equipment used to dispense alcoholic product is located in an
1012	1016		977area described in Subsection (10)(a).
1013	1017		978 (11) (a) A full-service restaurant licensee may have more than one dispensing area in
1014	1018		979the licensed premises.
1015	1019		980 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1016		-	981dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other H.B. 247 Enrolled Copy
1017		-	- 36 -
	1020	+	981dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1018	1021		982dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1019	1022		983 (12) A full-service restaurant licensee may not:
1020	1023		984 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1021	1024		985 (b) display an alcoholic product or a product intended to appear like an alcoholic
1022		-	986product by moving a cart or similar device around the licensed premises.
	1025	+	986product by moving a cart or similar device around the licensed premises. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1026	+	- 33 -
1023	1027		987 (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
1024	1028		988charge or fee made in connection with the sale, service, or consumption of liquor, including:
1025	1029		989 (a) a set-up charge;
1026	1030		990 (b) a service charge; or
1027	1031		991 (c) a chilling fee.
1028	1032		992 (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
1029	1033		993restaurant licensee shall maintain each of the following records for at least three years:
1030	1034		994 (i) a record required by [Section] Subsection 32B-5-302(1); and
1031	1035		995 (ii) a record that the commission requires a full-service restaurant licensee to use or
1032	1036		996maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1033	1037		997Rulemaking Act.
1034	1038		998 (b) The department shall audit the records of a full-service restaurant licensee at least
1035	1039		999once annually.
1036	1040		1000 (15) A full-service restaurant licensee may lease to a patron of the full-service
1037	1041		1001restaurant licensee a locked storage space:
1038	1042		1002 (a) that the commission considers proper for the storage of wine; and
1039	1043		1003 (b) for the storage of wine that:
1040	1044		1004 (i) the patron purchases from the full-service restaurant licensee; and
1041	1045		1005 (ii) only the full-service restaurant licensee or staff of the full-service restaurant
1042	1046		1006licensee may remove from the locker for the patron's use in accordance with this title,
1043	1047		1007including:
1044	1048		1008 (A) service and consumption on licensed premises as described in Section 32B-5-306;
1045		-	1009or Enrolled Copy H.B. 247
1046		-	- 37 -
	1049	+	1009or
1047	1050		1010 (B) removal from the full-service retail licensee's licensed premises in accordance with
1048	1051		1011Section 32B-5-307.
1049	1052		1012 Section 6. Section 32B-6-305.2 is amended to read:
1050	1053		1013 32B-6-305.2. Specific operational requirements for a limited-service restaurant
1051	1054		1014license -- On and after July 1, 2018, or July 1, 2022.
1052	1055		1015 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1053	1056		1016Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
1054		-	1017licensee shall comply with this section.
	1057	+	1017licensee shall comply with this section. 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1058	+	- 34 -
1055	1059		1018 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1056	1060		1019accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1057	1061		1020 (i) a limited-service restaurant licensee;
1058	1062		1021 (ii) individual staff of a limited-service restaurant licensee; or
1059	1063		1022 (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
1060	1064		1023licensee.
1061	1065		1024 (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
1062	1066		1025licensee's premises shall make a beverage tab for each table or group that orders or consumes
1063	1067		1026an alcoholic product on the premises.
1064	1068		1027 (b) A beverage tab described in this Subsection (2) shall state the type and amount of
1065	1069		1028each alcoholic product ordered or consumed.
1066	1070		1029 (3) A limited-service restaurant licensee may not make an individual's willingness to
1067	1071		1030serve an alcoholic product a condition of employment with a limited-service restaurant
1068	1072		1031licensee.
1069	1073		1032 (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
1070	1074		1033heavy beer at the licensed premises during the following time periods only:
1071	1075		1034 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
1072	1076		1035 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1073	1077		1036period that begins at 10:30 a.m. and ends at 11:59 p.m.
1074		-	1037 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the H.B. 247 Enrolled Copy
1075		-	- 38 -
	1078	+	1037 (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
1076	1079		1038licensed premises during the following time periods only:
1077	1080		1039 (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1078	1081		1040 (ii) on a weekend or a state or federal legal holiday or for a private event, during the
1079	1082		1041period that begins at 10:30 a.m. and ends at 12:59 a.m.
1080	1083		1042 (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
1081	1084		1043on-premise consumption except after:
1082	1085		1044 (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
1083	1086		1045product is seated at:
1084	1087		1046 (A) a table that is located in a dining area or a dispensing area;
1085	1088		1047 (B) a counter that is located in a dining area or a dispensing area; or
1086		-	1048 (C) a dispensing structure that is located in a dispensing area; and
	1089	+	1048 (C) a dispensing structure that is located in a dispensing area; and 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1090	+	- 35 -
1087	1091		1049 (ii) the limited-service restaurant licensee confirms that the patron intends to:
1088	1092		1050 (A) order food prepared, sold, and furnished at the licensed premises; and
1089	1093		1051 (B) except as provided in Subsection (5)(b), consume the food at the same location
1090	1094		1052where the patron is seated and furnished the alcoholic product.
1091	1095		1053 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1092	1096		1054limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
1093	1097		1055sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
1094	1098		1056described in Section 32B-5-304 if:
1095	1099		1057 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1096	1100		1058structure; and
1097	1101		1059 (B) the limited-service restaurant licensee first confirms that after the patron is seated
1098	1102		1060in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1099	1103		1061premises.
1100	1104		1062 (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
1101	1105		1063in the dining area, an employee of the limited-service restaurant licensee who is qualified to
1102	1106		1064sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished
1103		-	1065portion of the patron's alcoholic product to the patron's seat in the dining area. Enrolled Copy H.B. 247
1104		-	- 39 -
	1107	+	1065portion of the patron's alcoholic product to the patron's seat in the dining area.
1105	1108		1066 (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
1106	1109		1067 (c) Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not
1107	1110		1068furnish beer for off-premise consumption except after the patron consumes on the licensed
1108	1111		1069premises food prepared, sold, and furnished at the licensed premises.
1109	1112		1070 (d) A limited-service restaurant licensee shall maintain on the licensed premises
1110	1113		1071adequate culinary facilities for food preparation and dining accommodations.
1111	1114		1072 (6) A patron may consume an alcoholic product on the limited-service restaurant
1112	1115		1073licensee's licensed premises only if the patron is seated at:
1113	1116		1074 (a) a table that is located in a dining area or a dispensing area;
1114	1117		1075 (b) a counter that is located in a dining area or a dispensing area; or
1115	1118		1076 (c) a dispensing structure located in a dispensing area.
1116	1119		1077 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1117	1120		1078more than two alcoholic products of any kind at a time before the patron.
1118		-	1079 (b) An individual portion of wine is considered to be one alcoholic product under
	1121	+	1079 (b) An individual portion of wine is considered to be one alcoholic product under 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1122	+	- 36 -
1119	1123		1080Subsection (7)(a).
1120	1124		1081 (8) In accordance with the provisions of this section, an individual who is at least 21
1121	1125		1082years old may consume food and beverages in a dispensing area.
1122	1126		1083 (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
1123	1127		1084consume food or beverages in a dispensing area.
1124	1128		1085 (b) (i) A minor may be in a dispensing area if the minor is:
1125	1129		1086 (A) at least 16 years old and working as an employee of the limited-service restaurant
1126	1130		1087licensee; or
1127	1131		1088 (B) performing maintenance and cleaning services as an employee of the
1128	1132		1089limited-service restaurant licensee when the limited-service restaurant licensee is not open for
1129	1133		1090business.
1130	1134		1091 (ii) If there is no alternative route available, a minor may momentarily pass through a
1131	1135		1092dispensing area without remaining or sitting in the dispensing area en route to an area of the
1132		-	1093limited-service restaurant licensee's premises in which the minor is permitted to be. H.B. 247 Enrolled Copy
1133		-	- 40 -
	1136	+	1093limited-service restaurant licensee's premises in which the minor is permitted to be.
1134	1137		1094 (10) Except as provided in Subsection 32B-5-307(3), a limited-service restaurant
1135	1138		1095licensee may dispense an alcoholic product only if:
1136	1139		1096 (a) the alcoholic product is dispensed from:
1137	1140		1097 (i) a dispensing structure that is located in a dispensing area;
1138	1141		1098 (ii) an area that is:
1139	1142		1099 (A) separated from an area for the consumption of food by a patron by a solid,
1140	1143		1100translucent, permanent structural barrier such that the facilities for the dispensing of an
1141	1144		1101alcoholic product are not readily visible to a patron and not accessible by a patron; and
1142	1145		1102 (B) apart from an area used for dining, for staging, or as a waiting area; or
1143	1146		1103 (iii) the premises of a bar licensee that is:
1144	1147		1104 (A) owned by the same person or persons as the limited-service restaurant licensee; and
1145	1148		1105 (B) located immediately adjacent to the premises of the limited-service restaurant
1146	1149		1106licensee; and
1147	1150		1107 (b) any instrument or equipment used to dispense alcoholic product is located in an
1148	1151		1108area described in Subsection (10)(a).
1149	1152		1109 (11) (a) A limited-service restaurant licensee may have more than one dispensing area
1150		-	1110in the licensed premises.
	1153	+	1110in the licensed premises. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1154	+	- 37 -
1151	1155		1111 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1152	1156		1112dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
1153	1157		1113dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1154	1158		1114 (12) A limited-service restaurant licensee may not:
1155	1159		1115 (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
1156	1160		1116 (b) display an alcoholic product or a product intended to appear like an alcoholic
1157	1161		1117product by moving a cart or similar device around the licensed premises.
1158	1162		1118 (13) A limited-service restaurant licensee may state in a food or alcoholic product
1159	1163		1119menu a charge or fee made in connection with the sale, service, or consumption of wine or
1160	1164		1120heavy beer, including:
1161		-	1121 (a) a set-up charge; Enrolled Copy H.B. 247
1162		-	- 41 -
	1165	+	1121 (a) a set-up charge;
1163	1166		1122 (b) a service charge; or
1164	1167		1123 (c) a chilling fee.
1165	1168		1124 (14) (a) In addition to the requirements described in Section 32B-5-302, a
1166	1169		1125limited-service restaurant licensee shall maintain each of the following records for at least three
1167	1170		1126years:
1168	1171		1127 (i) a record required by [Section] Subsection 32B-5-302(1); and
1169	1172		1128 (ii) a record that the commission requires a limited-service restaurant licensee to use or
1170	1173		1129maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1171	1174		1130Rulemaking Act.
1172	1175		1131 (b) The department shall audit the records of a limited-service restaurant licensee at
1173	1176		1132least once each calendar year.
1174	1177		1133 Section 7. Section 32B-6-406 is amended to read:
1175	1178		1134 32B-6-406. Specific operational requirements for a bar establishment license.
1176	1179		1135 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1177	1180		1136Requirements, a bar establishment licensee and staff of the bar establishment licensee shall
1178	1181		1137comply with this section.
1179	1182		1138 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1180	1183		1139in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1181	1184		1140 (i) a bar establishment licensee;
1182		-	1141 (ii) individual staff of a bar establishment licensee; or
	1185	+	1141 (ii) individual staff of a bar establishment licensee; or 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1186	+	- 38 -
1183	1187		1142 (iii) both a bar establishment licensee and staff of the bar establishment licensee.
1184	1188		1143 (2) In addition to complying with Subsection 32B-5-301(3), a bar licensee shall display
1185	1189		1144in a conspicuous place at the entrance to the licensed premises a sign that:
1186	1190		1145 (a) measures at least 8-1/2 inches long and 11 inches wide; and
1187	1191		1146 (b) clearly states that the bar licensee is a bar and that no one under 21 years [of age]
1188	1192		1147old is allowed.
1189	1193		1148 (3) (a) In addition to complying with Section 32B-5-302, a bar establishment licensee
1190		-	1149shall maintain for a minimum of three years: H.B. 247 Enrolled Copy
1191		-	- 42 -
	1194	+	1149shall maintain for a minimum of three years:
1192	1195		1150 (i) a record required by [Section] Subsection 32B-5-302(1); and
1193	1196		1151 (ii) a record maintained or used by the bar establishment licensee, as the department
1194	1197		1152requires.
1195	1198		1153 (b) Section 32B-1-205 applies to a record required to be made, maintained, or used in
1196	1199		1154accordance with this Subsection (3).
1197	1200		1155 (c) The department shall audit the records of a bar establishment licensee at least once
1198	1201		1156annually.
1199	1202		1157 (4) (a) A bar establishment licensee may not sell, offer for sale, or furnish liquor on the
1200	1203		1158licensed premises on any day during a period that:
1201	1204		1159 (i) begins at 1 a.m.; and
1202	1205		1160 (ii) ends at 9:59 a.m.
1203	1206		1161 (b) A bar establishment licensee may sell, offer for sale, or furnish beer during the
1204	1207		1162hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
1205	1208		1163license.
1206	1209		1164 (c) (i) Notwithstanding Subsections (4)(a) and (b), a bar establishment licensee shall
1207	1210		1165keep its licensed premises open for one hour after the bar establishment licensee ceases the sale
1208	1211		1166and furnishing of an alcoholic product during which time a patron of the bar establishment
1209	1212		1167licensee may finish consuming:
1210	1213		1168 (A) a single drink containing spirituous liquor;
1211	1214		1169 (B) a single serving of wine not exceeding five ounces;
1212	1215		1170 (C) a single serving of heavy beer;
1213	1216		1171 (D) a single serving of beer not exceeding 26 ounces; or
1214		-	1172 (E) a single serving of a flavored malt beverage.
	1217	+	1172 (E) a single serving of a flavored malt beverage. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1218	+	- 39 -
1215	1219		1173 (ii) A bar establishment licensee is not required to remain open:
1216	1220		1174 (A) after all patrons have vacated the premises; or
1217	1221		1175 (B) during an emergency.
1218	1222		1176 (5) (a) A minor:
1219		-	1177 (i) may not be admitted into, use, or be in the licensed premises of: Enrolled Copy H.B. 247
1220		-	- 43 -
	1223	+	1177 (i) may not be admitted into, use, or be in the licensed premises of:
1221	1224		1178 (A) a dining club licensee unless accompanied by an individual who is 21 years [of
1222	1225		1179age] old or older; or
1223	1226		1180 (B) a bar licensee, except to the extent provided for under Section 32B-6-406.1;
1224	1227		1181 (ii) may only be admitted into, use, or be in the lounge or bar area of an equity
1225	1228		1182licensee's or fraternal licensee's licensed premises:
1226	1229		1183 (A) when accompanied by an individual who is 21 years [of age] old or older; and
1227	1230		1184 (B) momentarily while en route to another area of the licensee's premises; and
1228	1231		1185 (iii) may not remain or sit in the lounge or bar area of an equity licensee's or fraternal
1229	1232		1186licensee's licensed premises.
1230	1233		1187 (b) Notwithstanding Section 32B-5-308, a bar establishment licensee may not employ a
1231	1234		1188minor to:
1232	1235		1189 (i) work in a lounge or bar area of an equity licensee, fraternal licensee, or dining club
1233	1236		1190licensee; or
1234	1237		1191 (ii) handle an alcoholic product.
1235	1238		1192 (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
1236	1239		1193premises of a bar licensee.
1237	1240		1194 (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
1238	1241		1195more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a bar
1239	1242		1196establishment licensee.
1240	1243		1197 (6) A bar establishment licensee shall have food available at all times when an
1241	1244		1198alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
1242	1245		1199 (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
1243	1246		1200more than two alcoholic products of any kind at a time before the patron.
1244	1247		1201 (b) A patron may not have two spirituous liquor drinks before the bar establishment
1245	1248		1202licensee patron if one of the spirituous liquor drinks consists only of the primary spirituous
1246		-	1203liquor for the other spirituous liquor drink.
	1249	+	1203liquor for the other spirituous liquor drink. 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1250	+	- 40 -
1247	1251		1204 (c) An individual portion of wine is considered to be one alcoholic product under
1248		-	1205Subsection (7)(a). H.B. 247 Enrolled Copy
1249		-	- 44 -
	1252	+	1205Subsection (7)(a).
1250	1253		1206 (8) A bar establishment licensee shall have available on the premises for a patron to
1251	1254		1207review at the time that the patron requests it, a written alcoholic product price list or a menu
1252	1255		1208containing the price of an alcoholic product sold, offered for sale, or furnished by the bar
1253	1256		1209establishment licensee including:
1254	1257		1210 (a) a set-up charge;
1255	1258		1211 (b) a service charge; or
1256	1259		1212 (c) a chilling fee.
1257	1260		1213 (9) Subject to Section 32B-5-309, a bar establishment licensee may not temporarily
1258	1261		1214rent or otherwise temporarily lease its premises to a person unless:
1259	1262		1215 (a) the person to whom the bar establishment licensee rents or leases the premises
1260	1263		1216agrees in writing to comply with this title as if the person is the bar establishment licensee,
1261	1264		1217except for a requirement related to making or maintaining a record; and
1262	1265		1218 (b) the bar establishment licensee takes reasonable steps to ensure that the person
1263	1266		1219complies with this section as provided in Subsection (9)(a).
1264	1267		1220 (10) If a bar establishment licensee is an equity licensee or fraternal licensee, the bar
1265	1268		1221establishment licensee shall comply with Section 32B-6-407.
1266	1269		1222 (11) If a bar establishment licensee is a dining club licensee or bar licensee, the bar
1267	1270		1223establishment licensee shall comply with Section 32B-1-407.
1268	1271		1224 (12) (a) A bar establishment licensee shall own or lease premises suitable for the bar
1269	1272		1225establishment licensee's activities.
1270	1273		1226 (b) A bar establishment licensee may not maintain licensed premises in a manner that
1271	1274		1227barricades or conceals the bar establishment licensee's operation.
1272	1275		1228 Section 8. Section 32B-6-605 is amended to read:
1273	1276		1229 32B-6-605. Specific operational requirements for on-premise banquet license.
1274	1277		1230 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1275	1278		1231Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee
1276	1279		1232shall comply with this section.
1277		-	1233 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action ~~Enrolled Copy H.B. 247~~
1278		-	~~- 45 -~~
1279		-	~~1234in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:~~
	1280	+	1233 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
	1281	+	1234in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1282	+	- 41 -
1280	1283		1235 (i) an on-premise banquet licensee;
1281	1284		1236 (ii) individual staff of an on-premise banquet licensee; or
1282	1285		1237 (iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
1283	1286		1238 (2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and
1284	1287		1239(5) for the entire premises of the hotel, resort facility, sports center, convention center,
1285	1288		1240performing arts facility, or arena that is the basis for the on-premise banquet license.
1286	1289		1241 (3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
1287	1290		1242shall provide the department with advance notice of a scheduled banquet in accordance with
1288	1291		1243rules made by the commission.
1289	1292		1244 (b) Any of the following may conduct a random inspection of a banquet:
1290	1293		1245 (i) an authorized representative of the commission or the department; or
1291	1294		1246 (ii) a law enforcement officer.
1292	1295		1247 (4) (a) An on-premise banquet licensee is not subject to [Section] Subsection
1293	1296		124832B-5-302(1), but shall make and maintain the records described in Subsection 32B-5-302(2)
1294	1297		1249and the records the commission or department requires.
1295	1298		1250 (b) Section 32B-1-205 applies to a record required to be made or maintained in
1296	1299		1251accordance with this Subsection (4).
1297	1300		1252 (5) (a) Except as otherwise provided in this title, an on-premise banquet licensee may
1298	1301		1253sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the
1299	1302		1254location of the banquet.
1300	1303		1255 (b) Except as provided in Subsection 32B-5-307(4), a host of a banquet, a patron, or a
1301	1304		1256person other than the on-premise banquet licensee or staff of the on-premise banquet licensee,
1302	1305		1257may not remove an alcoholic product from the premises of the banquet.
1303	1306		1258 (c) Notwithstanding Subsections 32B-5-307(3) and (5) and except as provided in
1304	1307		1259Subsection 32B-5-307(4), a patron at a banquet may not bring an alcoholic product into or
1305	1308		1260onto, or remove an alcoholic product from, the premises of a banquet.
1306		-	1261 (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at H.B. 247 Enrolled Copy
1307		-	- 46 -
	1309	+	1261 (6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at
1308	1310		1262the banquet following the conclusion of the banquet.
1309	1311		1263 (b) At the conclusion of a banquet, an on-premise banquet licensee shall:
1310	1312		1264 (i) destroy an opened and unused alcoholic product that is not saleable, under
1311		-	1265conditions established by the department; and
	1313	+	1265conditions established by the department; and 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1314	+	- 42 -
1312	1315		1266 (ii) return to the on-premise banquet licensee's approved locked storage area any:
1313	1316		1267 (A) opened and unused alcoholic product that is saleable; and
1314	1317		1268 (B) unopened container of an alcoholic product.
1315	1318		1269 (c) Except as provided in Subsection (6)(b) with regard to an open or sealed container
1316	1319		1270of an alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
1317	1320		1271 (i) shall store the alcoholic product in the on-premise banquet licensee's approved
1318	1321		1272locked storage area; and
1319	1322		1273 (ii) may use the alcoholic product at more than one banquet.
1320	1323		1274 (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not
1321	1324		1275employ a minor to sell, furnish, or dispense an alcoholic product in connection with the
1322	1325		1276on-premise banquet licensee's banquet and room service activities.
1323	1326		1277 (8) An on-premise banquet licensee:
1324	1327		1278 (a) may provide room service in portions described in Section 32B-5-304;
1325	1328		1279 (b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
1326	1329		1280connection with room service any day during a period that:
1327	1330		1281 (i) begins at 1 a.m.; and
1328	1331		1282 (ii) ends at 9:59 a.m.; and
1329	1332		1283 (c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
1330	1333		1284product free of charge per guest reservation, per guest room, if the alcoholic product:
1331	1334		1285 (i) is not a spirituous liquor; and
1332	1335		1286 (ii) is in an unopened container not to exceed 750 milliliters.
1333	1336		1287 (9) (a) Subject to the other provisions of this Subsection (9), a patron may not have
1334	1337		1288more than two alcoholic products of any kind at a time before the patron.
1335		-	1289 (b) A patron may not have more than one spirituous liquor drink at a time before the Enrolled Copy H.B. 247
1336		-	- 47 -
	1338	+	1289 (b) A patron may not have more than one spirituous liquor drink at a time before the
1337	1339		1290patron.
1338	1340		1291 (c) An individual portion of wine is considered to be one alcoholic product under
1339	1341		1292Subsection (9)(a).
1340	1342		1293 (10) (a) An on-premise banquet licensee shall supervise and direct a person involved in
1341	1343		1294the sale, offer for sale, or furnishing of an alcoholic product.
1342	1344		1295 (b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
1343		-	1296shall complete an alcohol training and education seminar.
	1345	+	1296shall complete an alcohol training and education seminar. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1346	+	- 43 -
1344	1347		1297 (11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
1345	1348		1298times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
1346	1349		1299banquet.
1347	1350		1300 (12) (a) Room service of an alcoholic product to a guest room or privately owned
1348	1351		1301dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise
1349	1352		1302banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.
1350	1353		1303 (b) An alcoholic product may not be left outside a guest room or privately owned
1351	1354		1304dwelling unit for retrieval by a guest or resident.
1352	1355		1305 (13) An on-premise banquet licensee may not maintain a minibar.
1353	1356		1306 Section 9. Section 32B-6-706 is amended to read:
1354	1357		1307 32B-6-706. Specific operational requirements for on-premise beer retailer license.
1355	1358		1308 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1356	1359		1309Requirements, an on-premise beer retailer and staff of the on-premise beer retailer shall comply
1357	1360		1310with this section.
1358	1361		1311 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1359	1362		1312in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1360	1363		1313 (i) an on-premise beer retailer;
1361	1364		1314 (ii) individual staff of an on-premise beer retailer; or
1362	1365		1315 (iii) both an on-premise beer retailer and staff of the on-premise beer retailer.
1363	1366		1316 (2) (a) An on-premise beer retailer is not subject to [Section] Subsection 32B-5-302(1),
1364		-	1317but shall make and maintain the records described in Subsection 32B-5-302(2) and the records H.B. 247 Enrolled Copy
1365		-	- 48 -
	1367	+	1317but shall make and maintain the records described in Subsection 32B-5-302(2) and the records
1366	1368		1318the department requires.
1367	1369		1319 (b) Section 32B-1-205 applies to a record required to be made or maintained in
1368	1370		1320accordance with this Subsection (2).
1369	1371		1321 (3) Notwithstanding Section 32B-5-303, an on-premise beer retailer may not store or
1370	1372		1322sell liquor on its licensed premises.
1371	1373		1323 (4) (a) An on-premise beer retailer may not sell, offer for sale, or furnish beer at the
1372	1374		1324on-premise beer retailer's licensed premises during a period that:
1373	1375		1325 (i) begins at 1 a.m.; and
1374	1376		1326 (ii) ends at 9:59 a.m.
1375		-	1327 (b) (i) Notwithstanding Subsection (4)(a), a tavern shall remain open for one hour after
	1377	+	1327 (b) (i) Notwithstanding Subsection (4)(a), a tavern shall remain open for one hour after 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1378	+	- 44 -
1376	1379		1328the tavern ceases the sale and furnishing of beer during which time a patron of the tavern may
1377	1380		1329finish consuming a single serving of beer not exceeding 26 ounces.
1378	1381		1330 (ii) A tavern is not required to remain open:
1379	1382		1331 (A) after all patrons have vacated the premises; or
1380	1383		1332 (B) during an emergency.
1381	1384		1333 (5) Notwithstanding Section 32B-5-308, a minor may not be on the premises of a
1382	1385		1334tavern.
1383	1386		1335 (6) (a) (i) An on-premise beer retailer may not purchase, acquire, possess for the
1384	1387		1336purpose of resale, or sell beer except beer that the on-premise beer retailer lawfully purchases
1385	1388		1337from:
1386	1389		1338 (A) a beer wholesaler licensee; or
1387	1390		1339 (B) a small brewer that manufactures the beer.
1388	1391		1340 (ii) Violation of Subsection (6)(a)(i) is a class A misdemeanor.
1389	1392		1341 (b) (i) If an on-premise beer retailer purchases beer under this Subsection (6) from a
1390	1393		1342beer wholesaler licensee, the on-premise beer retailer shall purchase beer only from a beer
1391	1394		1343wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area
1392	1395		1344in which the on-premise beer retailer is located, unless an alternate wholesaler is authorized by
1393		-	1345the department to sell to the on-premise beer retailer as provided in Section 32B-13-301. Enrolled Copy H.B. 247
1394		-	- 49 -
	1396	+	1345the department to sell to the on-premise beer retailer as provided in Section 32B-13-301.
1395	1397		1346 (ii) Violation of Subsection (6)(b)(i) is a class B misdemeanor.
1396	1398		1347 (7) A tavern shall comply with Section 32B-1-407.
1397	1399		1348 Section 10. Section 32B-6-905.1 is amended to read:
1398	1400		1349 32B-6-905.1. Specific operational requirements for a beer-only restaurant license
1399	1401		1350-- On and after July 1, 2018, or July 1, 2022.
1400	1402		1351 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1401	1403		1352Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
1402	1404		1353shall comply with this section.
1403	1405		1354 (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
1404	1406		1355accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1405	1407		1356 (i) a beer-only restaurant licensee;
1406	1408		1357 (ii) individual staff of a beer-only restaurant licensee; or
1407		-	1358 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
	1409	+	1358 (iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1410	+	- 45 -
1408	1411		1359 (2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
1409	1412		1360sale, furnish, or allow consumption of liquor.
1410	1413		1361 (b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
1411	1414		1362 (i) as a flavoring on a dessert; or
1412	1415		1363 (ii) in the preparation of a flaming food dish, drink, or dessert.
1413	1416		1364 (3) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
1414	1417		1365make a beverage tab for each table or group that orders or consumes beer on the premises.
1415	1418		1366 (b) A beverage tab described in this Subsection (3) shall state the type and amount of
1416	1419		1367each beer ordered or consumed.
1417	1420		1368 (4) A beer-only restaurant licensee may not make an individual's willingness to serve
1418	1421		1369beer a condition of employment as a server with a beer-only restaurant licensee.
1419	1422		1370 (5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
1420	1423		1371licensed premises during the following time periods only:
1421	1424		1372 (a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
1422		-	1373 (b) on a weekend or a state or federal legal holiday or for a private event, during the H.B. 247 Enrolled Copy
1423		-	- 50 -
	1425	+	1373 (b) on a weekend or a state or federal legal holiday or for a private event, during the
1424	1426		1374period that begins at 10:30 a.m. and ends at 12:59 a.m.
1425	1427		1375 (6) (a) A beer-only restaurant licensee may not furnish beer for on-premise
1426	1428		1376consumption except after:
1427	1429		1377 (i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
1428	1430		1378 (A) a table that is located in a dining area or a dispensing area;
1429	1431		1379 (B) a counter that is located in a dining area or a dispensing area; or
1430	1432		1380 (C) a dispensing structure that is located in a dispensing area; and
1431	1433		1381 (ii) the beer-only restaurant licensee confirms that the patron intends to:
1432	1434		1382 (A) order food prepared, sold, and furnished at the licensed premises; and
1433	1435		1383 (B) except as provided in Subsection (6)(b), consume the food at the same location
1434	1436		1384where the patron is seated and furnished the beer.
1435	1437		1385 (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
1436	1438		1386beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
1437	1439		1387furnish to the patron one portion of beer as described in Section 32B-5-304 if:
1438	1440		1388 (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
1439		-	1389structure; and
	1441	+	1389structure; and 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1442	+	- 46 -
1440	1443		1390 (B) the beer-only restaurant licensee first confirms that after the patron is seated in the
1441	1444		1391dining area, the patron intends to order food prepared, sold, and furnished at the licensed
1442	1445		1392premises.
1443	1446		1393 (ii) If the patron does not finish the patron's beer before moving to a seat in the dining
1444	1447		1394area, an employee of the beer-only restaurant licensee who is qualified to sell and serve an
1445	1448		1395alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the
1446	1449		1396patron's beer to the patron's seat in the dining area.
1447	1450		1397 (c) Notwithstanding Section 32B-5-307, a beer-only restaurant licensee may not
1448	1451		1398furnish beer for off-premise consumption except after the patron consumes on the licensed
1449	1452		1399premises food prepared, sold, and furnished at the licensed premises.
1450	1453		1400 (d) A beer-only restaurant licensee shall maintain on the licensed premises adequate
1451		-	1401culinary facilities for food preparation and dining accommodations. Enrolled Copy H.B. 247
1452		-	- 51 -
	1454	+	1401culinary facilities for food preparation and dining accommodations.
1453	1455		1402 (7) A patron may consume a beer on the beer-only licensee's licensed premises only at:
1454	1456		1403 (a) a table that is located in a dining area or a dispensing area;
1455	1457		1404 (b) a counter that is located in a dining area or a dispensing area; or
1456	1458		1405 (c) a dispensing structure located in a dispensing area.
1457	1459		1406 (8) A patron may not have more than two beers at a time before the patron.
1458	1460		1407 (9) In accordance with the provisions of this section, an individual who is at least 21
1459	1461		1408years old may consume food and beverages in a dispensing area.
1460	1462		1409 (10) (a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or
1461	1463		1410consume food or beverages in a dispensing area.
1462	1464		1411 (b) (i) A minor may be in a dispensing area if the minor is:
1463	1465		1412 (A) at least 16 years old and working as an employee of the beer-only restaurant
1464	1466		1413licensee; or
1465	1467		1414 (B) performing maintenance and cleaning services as an employee of the beer-only
1466	1468		1415restaurant licensee when the beer-only restaurant licensee is not open for business.
1467	1469		1416 (ii) If there is no alternative route available, a minor may momentarily pass through a
1468	1470		1417dispensing area without remaining or sitting in the dispensing area en route to an area of the
1469	1471		1418beer-only restaurant licensee's premises in which the minor is permitted to be.
1470	1472		1419 (11) A beer-only restaurant licensee may dispense a beer only if:
1471		-	1420 (a) the beer is dispensed from:
	1473	+	1420 (a) the beer is dispensed from: 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1474	+	- 47 -
1472	1475		1421 (i) a dispensing structure that is located in a dispensing area;
1473	1476		1422 (ii) an area that is:
1474	1477		1423 (A) separated from an area for the consumption of food by a patron by a solid,
1475	1478		1424translucent, permanent structural barrier such that the facilities for the dispensing of an
1476	1479		1425alcoholic product are not readily visible to a patron and not accessible by a patron; and
1477	1480		1426 (B) apart from an area used for dining, for staging, or as a waiting area; or
1478	1481		1427 (iii) the premises of a bar licensee that is:
1479	1482		1428 (A) owned by the same person or persons as the beer-only restaurant licensee; and
1480		-	1429 (B) located immediately adjacent to the premises of the beer-only restaurant licensee; H.B. 247 Enrolled Copy
1481		-	- 52 -
	1483	+	1429 (B) located immediately adjacent to the premises of the beer-only restaurant licensee;
1482	1484		1430and
1483	1485		1431 (b) any instrument or equipment used to dispense the beer is located in an area
1484	1486		1432described in Subsection (11)(a).
1485	1487		1433 (12) (a) A beer-only restaurant licensee may have more than one dispensing area in the
1486	1488		1434licensed premises.
1487	1489		1435 (b) Each dispensing area in a licensed premises may satisfy the requirements for a
1488	1490		1436dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any
1489	1491		1437other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
1490	1492		1438 (13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
1491	1493		1439from a movable cart.
1492	1494		1440 (14) (a) In addition to the requirements described in Section 32B-5-302, a beer-only
1493	1495		1441restaurant licensee shall maintain each of the following records for at least three years:
1494	1496		1442 (i) a record required by [Section] Subsection 32B-5-302(1); and
1495	1497		1443 (ii) a record that the commission requires a beer-only restaurant licensee to use or
1496	1498		1444maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1497	1499		1445Rulemaking Act.
1498	1500		1446 (b) The department shall audit the records of a beer-only restaurant licensee at least
1499	1501		1447once annually.
1500	1502		1448 Section 11. Section 32B-6-1005 is amended to read:
1501	1503		1449 32B-6-1005. Specific operational requirements for hospitality amenity license.
1502	1504		1450 (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
1503		-	1451Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall
	1505	+	1451Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1506	+	- 48 -
1504	1507		1452comply with this section.
1505	1508		1453 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
1506	1509		1454in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
1507	1510		1455 (i) the hospitality amenity licensee;
1508	1511		1456 (ii) individual staff of the hospitality amenity licensee; or
1509		-	1457 (iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee. Enrolled Copy H.B. 247
1510		-	- 53 -
	1512	+	1457 (iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee.
1511	1513		1458 (2) (a) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1512	1514		1459product:
1513	1515		1460 (i) to a hospitality guest; and
1514	1516		1461 (ii) for consumption in or on the hospitality amenity licensee's licensed premises.
1515	1517		1462 (b) (i) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic
1516	1518		1463product that is not spirituous liquor in or on:
1517	1519		1464 (A) licensed premises physically separated from an area to which a hospitality guest or
1518	1520		1465the public has access by a permanent or temporary structure or barrier; or
1519	1521		1466 (B) licensed premises described in Subsection (2)(b)(ii).
1520	1522		1467 (ii) A hospitality amenity licensee may sell, offer for sale, or furnish spirituous liquor
1521	1523		1468in or on licensed premises that:
1522	1524		1469 (A) allows access only through the use of a key or code; and
1523	1525		1470 (B) fills the entirety of a physically and permanently enclosed area within the hotel or
1524	1526		1471resort.
1525	1527		1472 (c) Spirituous liquor may not be in or on the licensed premises described in Subsection
1526	1528		1473(2)(b)(i)(A) of a hospitality amenity licensee, except for use:
1527	1529		1474 (i) as a flavoring on a dessert; and
1528	1530		1475 (ii) in the preparation of a flaming food dish or dessert.
1529	1531		1476 (d) A hospitality amenity licensee may not allow self-service of an alcoholic product in
1530	1532		1477or on the hospitality amenity licensee's licensed premises.
1531	1533		1478 (3) (a) Subject to Subsections (3)(b) and (c), a hospitality guest may not have more
1532	1534		1479than two alcoholic products of any kind at a time before the hospitality guest.
1533	1535		1480 (b) A hospitality guest may not have more than one spirituous liquor drink at a time
1534	1536		1481before the hospitality guest.
1535		-	1482 (c) An individual portion of wine is considered to be one alcoholic product under
	1537	+	1482 (c) An individual portion of wine is considered to be one alcoholic product under 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1538	+	- 49 -
1536	1539		1483Subsection (3)(a).
1537	1540		1484 (4) A hospitality amenity licensee shall make food available at all times that the
1538		-	1485licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on H.B. 247 Enrolled Copy
1539		-	- 54 -
	1541	+	1485licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on
1540	1542		1486the licensed premises.
1541	1543		1487 (5) (a) A hospitality amenity licensee may not sell, offer for sale, or furnish an
1542	1544		1488alcoholic product any day during a period that:
1543	1545		1489 (i) begins at 1:00 a.m.; and
1544	1546		1490 (ii) ends at 9:59 a.m.
1545	1547		1491 (b) A hospitality amenity licensee shall remain open for one hour after the licensee
1546	1548		1492ceases to sell and furnish an alcoholic product, during which time a hospitality guest in or on
1547	1549		1493the hospitality amenity licensed premises may finish consuming:
1548	1550		1494 (i) a single drink containing spirituous liquor;
1549	1551		1495 (ii) a single serving of wine not exceeding five ounces;
1550	1552		1496 (iii) a single serving of heavy beer;
1551	1553		1497 (iv) a single serving of beer not exceeding 26 ounces; or
1552	1554		1498 (v) a single serving of a flavored malt beverage.
1553	1555		1499 (c) A hospitality amenity licensee is not required to remain open:
1554	1556		1500 (i) after all individuals have vacated the licensee's licensed premises; or
1555	1557		1501 (ii) during an emergency.
1556	1558		1502 (6) (a) Notwithstanding Section 32B-5-305, a hospitality amenity licensee may provide
1557	1559		1503a hospitality guest up to two single servings of an alcoholic product free of charge or at a
1558	1560		1504reduced rate, if:
1559	1561		1505 (i) the alcoholic product is not a spirituous liquor; and
1560	1562		1506 (ii) the hospitality amenity licensee offers the alcohol product:
1561	1563		1507 (A) to all hospitality guests;
1562	1564		1508 (B) during a specific time; and
1563	1565		1509 (C) on the hospitality amenity licensee's licensed premises.
1564	1566		1510 (b) Before a hospitality amenity licensee provides an alcoholic product free of charge
1565	1567		1511or at a reduced rate as described in Subsection (6)(a), the licensee shall provide the department
1566	1568		1512with advance notice of the event, in accordance with commission rules that permit a licensee to
1567		-	1513provide a single notice for a reoccurring event or multiple events. ~~Enrolled Copy~~ H.B. 247
1568		-	- 55 -
	1569	+	1513provide a single notice for a reoccurring event or multiple events. 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1570	+	- 50 -
1569	1571		1514 (7) A hospitality amenity licensee may permit a hospitality guest to purchase an
1570	1572		1515alcoholic product through a charge to the hospitality guest's lodging accommodations.
1571	1573		1516 (8) (a) Notwithstanding Section 32B-5-307, a hospitality guest, or a person other than
1572	1574		1517the hospitality amenity licensee or staff of the hospitality amenity licensee, may not remove an
1573	1575		1518alcoholic product from the hospitality amenity licensee's licensed premises.
1574	1576		1519 (b) Notwithstanding Subsection 32B-5-307(3), a hospitality guest may not bring an
1575	1577		1520alcoholic product within the hospitality amenity licensee's licensed premises.
1576	1578		1521 (9) A hospitality amenity licensee shall display at each entrance to the licensee's
1577	1579		1522licensed premises a conspicuous sign that:
1578	1580		1523 (a) measures at least 8-1/2 inches long and 11 inches wide; and
1579	1581		1524 (b) clearly states that entry is limited to individuals who are hospitality guests, as
1580	1582		1525defined in this title.
1581	1583		1526 (10) A hospitality amenity licensee may not permit a minor to enter the licensee's
1582	1584		1527licensed premises at any time during which an alcoholic product is sold, offered for sale,
1583	1585		1528furnished, or consumed, unless the minor is accompanied at all times on the licensed premises
1584	1586		1529by a hospitality guest.
1585	1587		1530 (11) A staff person of a hospitality amenity licensee shall remain on the licensed
1586	1588		1531premises at all times when an alcoholic product is sold, offered for sale, furnished, or
1587	1589		1532consumed in or on the licensed premises.
1588	1590		1533 (12) A hospitality amenity licensee may transfer an alcoholic product to or from
1589	1591		1534another licensee within the boundary of the hotel or within the boundary of the resort building,
1590	1592		1535if:
1591	1593		1536 (a) the hospitality amenity licensee and each licensee involved in the transfer tracks the
1592	1594		1537transfer of the alcoholic product; and
1593	1595		1538 (b) the alcoholic product is in a sealed, unopened container.
1594	1596		1539 (13) (a) In addition to the requirements described in Section 32B-5-302, a hospitality
1595	1597		1540amenity licensee shall maintain each of the following records for at least three years:
1596		-	1541 (i) a record required under [Section] Subsection 32B-5-302(1); and H.B. 247 Enrolled Copy
1597		-	- 56 -
	1598	+	1541 (i) a record required under [Section] Subsection 32B-5-302(1); and
1598	1599		1542 (ii) a record that the commission requires a hospitality amenity licensee to use or
1599	1600		1543maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1600		-	1544Rulemaking Act.
	1601	+	1544Rulemaking Act. 02-09-23 8:10 PM 2nd Sub. (Gray) H.B. 247
	1602	+	- 51 -
1601	1603		1545 (b) The department shall audit the records of a hospitality amenity licensee at least
1602	1604		1546once annually.
1603	1605		1547 Section 12. Section 32B-15-201 is amended to read:
1604	1606		1548 32B-15-201. Liability for injuries and damage resulting from distribution of
1605	1607		1549alcoholic products -- Prima facie evidence.
1606	1608		1550 (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in
1607	1609		1551Subsection (1)(b) is liable for:
1608	1610		1552 (i) any and all injury and damage, except punitive damages to:
1609	1611		1553 (A) a third person; or
1610	1612		1554 (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1611	1613		1555 (ii) the death of a third person.
1612	1614		1556 (b) A person is liable under Subsection (1)(a) if:
1613	1615		1557 (i) the person directly gives, sells, or otherwise provides an alcoholic product:
1614	1616		1558 (A) to a person described in Subsection (1)(b)(ii); and
1615	1617		1559 (B) as part of the commercial sale, storage, service, manufacture, distribution, or
1616	1618		1560consumption of an alcoholic product;
1617	1619		1561 (ii) those actions cause the intoxication of:
1618	1620		1562 (A) an individual under [the age of] 21 years old;
1619	1621		1563 (B) an individual who is apparently under the influence of [intoxicating alcoholic
1620	1622		1564products or drugs] an alcoholic product or drug;
1621	1623		1565 (C) an individual whom the person furnishing the alcoholic product knew or should
1622	1624		1566have known from the circumstances was under the influence of [intoxicating alcoholic products
1623	1625		1567or drugs] an alcoholic product or drug; or
1624	1626		1568 (D) an individual who is a known interdicted person; and
1625		-	1569 (iii) the injury or death described in Subsection (1)(a) results from the intoxication of Enrolled Copy H.B. 247
1626		-	- 57 -
	1627	+	1569 (iii) the injury or death described in Subsection (1)(a) results from the intoxication of
1627	1628		1570the individual who is provided the alcoholic product.
1628	1629		1571 (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an
1629	1630		1572injury or death that results from the intoxication of an individual described in Subsection
1630	1631		1573(1)(b)(ii)(B) or (C) if:
1631	1632		1574 (i) the person directly gives, sells, or otherwise provides the individual the last
1632		-	1575alcoholic product the individual consumes before the injury or death described in Subsection
	1633	+	1575alcoholic product the individual consumes before the injury or death described in Subsection 2nd Sub. (Gray) H.B. 247 02-09-23 8:10 PM
	1634	+	- 52 -
1633	1635		1576(1)(b)(iii);
1634	1636		1577 (ii) the individual consumes the alcoholic product at the location where the person
1635	1637		1578directly gives, sells, or otherwise provides the individual the alcoholic product;
1636	1638		1579 (iii) the injury or death occurs within 30 minutes after the time at which the individual
1637	1639		1580leaves, and within a 10 mile radius of, the location where the person gives, sells, or otherwise
1638	1640		1581provides the individual the alcoholic product; and
1639	1641		1582 (iv) the individual is charged with a criminal violation of Section 41-6a-502 for driving
1640	1642		1583under the influence of an alcoholic product in relation to the injury or death.
1641	1643		1584 (2) (a) A person 21 years [of age] old or older who is described in Subsection (2)(b) is
1642	1644		1585liable for:
1643	1645		1586 (i) any and all injury and damage, except punitive damages to:
1644	1646		1587 (A) a third person; or
1645	1647		1588 (B) the heir, as defined in Section 78B-3-105, of [that] the third person; or
1646	1648		1589 (ii) the death of the third person.
1647	1649		1590 (b) A person is liable under Subsection (2)(a) if:
1648	1650		1591 (i) [that] the person directly gives or otherwise provides an alcoholic product to an
1649	1651		1592individual who the person knows or should have known is under [the age of] 21 years old;
1650	1652		1593 (ii) those actions caused the intoxication of the individual provided the alcoholic
1651	1653		1594product;
1652	1654		1595 (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
1653	1655		1596the individual who is provided the alcoholic product; and
1654		-	1597 (iv) the person is not liable under Subsection (1), because the person did not directly H.B. 247 Enrolled Copy
1655		-	- 58 -
	1656	+	1597 (iv) the person is not liable under Subsection (1), because the person did not directly
1656	1657		1598give or provide the alcoholic product as part of the commercial sale, storage, service,
1657	1658		1599manufacture, distribution, or consumption of an alcoholic product.
1658	1659		1600 (3) This section does not apply to a business licensed in accordance with Chapter 7,
1659	1660		1601Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.