UT
Utah Senate Bill SB0328

Utah 2025 Regular Session

Utah Senate Bill SB0328 Compare Versions

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1-Enrolled Copy S.B. 328
1+03-07 18:39 6th Sub. (Cherry) S.B. 328
2+Lincoln Fillmore proposes the following substitute bill:
23 1
34 Alcohol Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Jerry W. Stevenson
78 House Sponsor: Karen M. Peterson
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill amends provisions relating to alcohol.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
2021 8
2122 ▸ defines terms;
2223 9
2324 ▸ permits a local government to authorize an outlet or restaurant with an alcohol license to
2425 10
2526 be in proximity to a public park under certain conditions;
2627 11
2728 ▸ clarifies the Alcoholic Beverage Services Commission's authority when granting or
2829 12
2930 denying an application for a retail license;
3031 13
3132 ▸ provides that a hotel may serve spirituous liquor in a container that is not the spirituous
3233 14
3334 liquor's original container;
3435 15
3536 ▸ provides that a patron of a facility with multiple licenses may transport beer between the
3637 16
3738 premises under certain conditions;
3839 17
3940 ▸ authorizes staff of a retail licensee that are 21 years old or older to test the quality and
4041 18
4142 taste of liquor using the "straw test";
4243 19
4344 ▸ removes the requirement that dispensing locations under an equity license be connected
4445 20
4546 by a private roadway;
4647 21
4748 ▸ provides that an equity license applies to all locations owned by an equity licensee;
4849 22
4950 ▸ provides that an amphitheater qualifies for a banquet license;
5051 23
5152 ▸ provides that the Department of Alcoholic Beverage Services may approve multiple
5253 24
5354 locations in or on the licensed premises of an on-premise banquet licensee;
5455 25
5556 ▸ lowers the seating capacity threshold for a sport facility or concert venue for purposes of
5657 26
5758 receiving an on-premises beer retailer license;
5859 27
59-▸ provides the circumstances under which an off-premise beer retailer may sell beer at a S.B. 328 Enrolled Copy
60+▸ provides the circumstances under which an off-premise beer retailer may sell beer at a
6061 28
6162 loading area or a designated parking stall;
63+6th Sub. S.B. 328 6th Sub. (Cherry) S.B. 328 03-07 18:39
6264 29
6365 ▸ requires that a person applying for an event permit post a surety bond; and
6466 30
6567 ▸ makes technical changes.
6668 31
6769 Money Appropriated in this Bill:
6870 32
6971 None
7072 33
7173 Other Special Clauses:
7274 34
7375 None
7476 35
7577 Utah Code Sections Affected:
7678 36
7779 AMENDS:
7880 37
7981 32B-1-102, as last amended by Laws of Utah 2024, Chapters 438, 464
8082 38
8183 32B-1-202, as last amended by Laws of Utah 2024, Chapter 94
8284 39
8385 32B-1-407, as last amended by Laws of Utah 2018, Chapter 249
8486 40
8587 32B-1-603.5, as enacted by Laws of Utah 2023, Chapter 371
8688 41
8789 32B-1-607, as last amended by Laws of Utah 2021, Chapter 291
8890 42
8991 32B-5-201, as last amended by Laws of Utah 2024, Chapter 94
9092 43
9193 32B-5-304, as last amended by Laws of Utah 2024, Chapter 94
9294 44
9395 32B-5-307, as last amended by Laws of Utah 2022, Chapter 447
9496 45
9597 32B-5-308, as last amended by Laws of Utah 2019, Chapter 403
9698 46
9799 32B-6-403, as last amended by Laws of Utah 2024, Chapter 94
98100 47
99101 32B-6-603, as last amended by Laws of Utah 2023, Chapter 371
100102 48
101103 32B-6-604, as last amended by Laws of Utah 2024, Chapter 94
102104 49
103105 32B-6-605, as last amended by Laws of Utah 2024, Chapter 94
104106 50
105107 32B-6-702, as last amended by Laws of Utah 2024, Chapter 94
106108 51
107109 32B-7-202, as last amended by Laws of Utah 2024, Chapter 94
108110 52
109111 32B-9-203, as enacted by Laws of Utah 2010, Chapter 276
110112 53
111113
112114 54
113115 Be it enacted by the Legislature of the state of Utah:
114116 55
115117 Section 1. Section 32B-1-102 is amended to read:
116118 56
117119 32B-1-102 . Definitions.
118120 57
119121 As used in this title:
120122 58
121123 (1) "Airport lounge" means a business location:
122124 59
123125 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
124126 60
125127 (b) that is located at an international airport or domestic airport.
126128 61
127129 (2) "Airport lounge license" means a license issued in accordance with Chapter 5, Retail
128-- 2 - Enrolled Copy S.B. 328
129130 62
130131 License Act, and Chapter 6, Part 5, Airport Lounge License.
132+- 2 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
131133 63
132134 (3) "Alcoholic beverage" means the following:
133135 64
134136 (a) beer; or
135137 65
136138 (b) liquor.
137139 66
138140 (4)(a) "Alcoholic product" means a product that:
139141 67
140142 (i) contains at least .5% of alcohol by volume; and
141143 68
142144 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
143145 69
144146 process that uses liquid or combinations of liquids, whether drinkable or not, to
145147 70
146148 create alcohol in an amount equal to or greater than .5% of alcohol by volume.
147149 71
148150 (b) "Alcoholic product" includes an alcoholic beverage.
149151 72
150152 (c) "Alcoholic product" does not include any of the following common items that
151153 73
152154 otherwise come within the definition of an alcoholic product:
153155 74
154156 (i) except as provided in Subsection (4)(d), an extract;
155157 75
156158 (ii) vinegar;
157159 76
158160 (iii) preserved nonintoxicating cider;
159161 77
160162 (iv) essence;
161163 78
162164 (v) tincture;
163165 79
164166 (vi) food preparation; or
165167 80
166168 (vii) an over-the-counter medicine.
167169 81
168170 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
169171 82
170172 when it is used as a flavoring in the manufacturing of an alcoholic product.
171173 83
172174 (5) "Alcohol training and education seminar" means a seminar that is:
173175 84
174176 (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
175177 85
176178 (b) described in Section 26B-5-205.
177179 86
178180 (6)(a) "Amphitheater" means an outdoor, multi-use performance venue that:
179181 87
180182 (i) is primarily used to present live entertainment, including music, dance, comedy,
181183 88
182184 and theater;
183185 89
184186 (ii) has the capacity to hold over 10,000 patrons; and
185187 90
186188 (iii) is located in a county of the first class.
187189 91
188190 (b) "Amphitheater" does not include a space that is used to present sporting events or
189191 92
190192 sporting competitions.
191193 93
192194 [(6)] (7) "Arena" means an enclosed building:
193195 94
194196 (a) that is managed by:
195197 95
196198 (i) the same person who owns the enclosed building;
197-- 3 - S.B. 328 Enrolled Copy
198199 96
199200 (ii) a person who has a majority interest in each person who owns or manages a space
201+- 3 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
200202 97
201203 in the enclosed building; or
202204 98
203205 (iii) a person who has authority to direct or exercise control over the management or
204206 99
205207 policy of each person who owns or manages a space in the enclosed building;
206208 100
207209 (b) that operates as a venue; and
208210 101
209211 (c) that has an occupancy capacity of at least 12,500.
210212 102
211213 [(7)] (8) "Arena license" means a license issued in accordance with Chapter 5, Retail
212214 103
213215 License Act, and Chapter 8c, Arena License Act.
214216 104
215217 [(8)] (9) "Banquet" means an event:
216218 105
217219 (a) that is a private event or a privately sponsored event;
218220 106
219221 (b) that is held at one or more designated locations approved by the commission in or on
220222 107
221223 the premises of:
222224 108
223225 (i) a hotel;
224226 109
225227 (ii) a resort facility;
226228 110
227229 (iii) a sports center;
228230 111
229231 (iv) a convention center;
230232 112
231233 (v) a performing arts facility;
232234 113
233235 (vi) an arena;[ or]
234236 114
235237 (vii) a restaurant venue; or
236238 115
237239 (viii) an amphitheater;
238240 116
239241 (c) for which there is a contract:
240242 117
241243 (i) between a person operating a facility listed in Subsection [(8)(b)] (9)(b) and
242244 118
243245 another person that has common ownership of less than 20% with the person
244246 119
245247 operating the facility; and
246248 120
247249 (ii) under which the person operating a facility listed in Subsection [(8)(b)] (9)(b) is
248250 121
249251 required to provide an alcoholic product at the event; and
250252 122
251253 (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
252254 123
253255 [(9)] (10)(a) "Bar establishment license" means a license issued in accordance with
254256 124
255257 Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
256258 125
257259 (b) "Bar establishment license" includes:
258260 126
259261 (i) a dining club license;
260262 127
261263 (ii) an equity license;
262264 128
263265 (iii) a fraternal license; or
264266 129
265267 (iv) a bar license.
266-- 4 - Enrolled Copy S.B. 328
267268 130
268269 [(10)] (11) "Bar license" means a license issued in accordance with Chapter 5, Retail
270+- 4 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
269271 131
270272 License Act, and Chapter 6, Part 4, Bar Establishment License.
271273 132
272274 [(11)] (12)(a) "Beer" means a product that:
273275 133
274276 (i) contains:
275277 134
276278 (A) at least .5% of alcohol by volume; and
277279 135
278280 (B) no more than 5% of alcohol by volume or 4% by weight;
279281 136
280282 (ii) is obtained by fermentation, infusion, or decoction of:
281283 137
282284 (A) malt; or
283285 138
284286 (B) a malt substitute; and
285287 139
286288 (iii) is clearly marketed, labeled, and identified as:
287289 140
288290 (A) beer;
289291 141
290292 (B) ale;
291293 142
292294 (C) porter;
293295 143
294296 (D) stout;
295297 144
296298 (E) lager;
297299 145
298300 (F) a malt;
299301 146
300302 (G) a malted beverage; or
301303 147
302304 (H) seltzer.
303305 148
304306 (b) "Beer" may contain:
305307 149
306308 (i) hops extract;
307309 150
308310 (ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
309311 151
310312 (iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
311313 152
312314 (A) is used in the production of beer;
313315 153
314316 (B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
315317 154
316318 Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
317319 155
318320 (C) does not contribute more than 10% of the overall alcohol content of the beer.
319321 156
320322 (c) "Beer" does not include:
321323 157
322324 (i) a flavored malt beverage;
323325 158
324326 (ii) a product that contains alcohol derived from:
325327 159
326328 (A) except as provided in Subsection [(11)(b)(iii)] (12)(b)(iii), spirituous liquor; or
327329 160
328330 (B) wine; or
329331 161
330332 (iii) a product that contains an additive masking or altering a physiological effect of
331333 162
332334 alcohol, including kratom, kava, cannabidiol, or natural or synthetic
333335 163
334336 tetrahydrocannabinol.
335-- 5 - S.B. 328 Enrolled Copy
336337 164
337338 [(12)] (13) "Beer-only restaurant license" means a license issued in accordance with Chapter
339+- 5 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
338340 165
339341 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
340342 166
341343 [(13)] (14) "Beer retailer" means a business that:
342344 167
343345 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for
344346 168
345347 consumption on or off the business premises; and
346348 169
347349 (b) is licensed as:
348350 170
349351 (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
350352 171
351353 Beer Retailer Local Authority; or
352354 172
353355 (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
354356 173
355357 Chapter 6, Part 7, On-Premise Beer Retailer License.
356358 174
357359 [(14)] (15) "Beer wholesaling license" means a license:
358360 175
359361 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
360362 176
361363 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail
362364 177
363365 licensees or off-premise beer retailers.
364366 178
365367 [(15)] (16) "Billboard" means a public display used to advertise, including:
366368 179
367369 (a) a light device;
368370 180
369371 (b) a painting;
370372 181
371373 (c) a drawing;
372374 182
373375 (d) a poster;
374376 183
375377 (e) a sign;
376378 184
377379 (f) a signboard; or
378380 185
379381 (g) a scoreboard.
380382 186
381383 [(16)] (17) "Brewer" means a person engaged in manufacturing:
382384 187
383385 (a) beer;
384386 188
385387 (b) heavy beer; or
386388 189
387389 (c) a flavored malt beverage.
388390 190
389391 [(17)] (18) "Brewery manufacturing license" means a license issued in accordance with
390392 191
391393 Chapter 11, Part 5, Brewery Manufacturing License.
392394 192
393395 [(18)] (19) "Certificate of approval" means a certificate of approval obtained from the
394396 193
395397 department under Section 32B-11-201.
396398 194
397399 [(19)] (20) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided
398400 195
399401 by a bus company to a group of persons pursuant to a common purpose:
400402 196
401403 (a) under a single contract;
402404 197
403405 (b) at a fixed charge in accordance with the bus company's tariff; and
404-- 6 - Enrolled Copy S.B. 328
405406 198
406407 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
408+- 6 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
407409 199
408410 motor vehicle, and a driver to travel together to one or more specified destinations.
409411 200
410412 [(20)] (21) "Church" means a building:
411413 201
412414 (a) set apart for worship;
413415 202
414416 (b) in which religious services are held;
415417 203
416418 (c) with which clergy is associated; and
417419 204
418420 (d) that is tax exempt under the laws of this state.
419421 205
420422 [(21)] (22) "Commission" means the Alcoholic Beverage Services Commission created in
421423 206
422424 Section 32B-2-201.
423425 207
424426 [(22)] (23) "Commissioner" means a member of the commission.
425427 208
426428 [(23)] (24) "Community location" means:
427429 209
428-(a) a public or private school as defined in Subsection [32B-1-102(115)] (116);
430+(a) a public or private school as defined in Subsection [32B-1-102(115)] (116); or
429431 210
430432 (b) a church;
431433 211
432434 (c) a public library;
433435 212
434436 (d) a public playground; or
435437 213
436438 (e) a public park.
437439 214
438440 [(24)] (25) "Community location governing authority" means:
439441 215
440442 (a) the governing body of the community location; or
441443 216
442444 (b) if the commission does not know who is the governing body of a community
443445 217
444446 location, a person who appears to the commission to have been given on behalf of the
445447 218
446448 community location the authority to prohibit an activity at the community location.
447449 219
448450 [(25)] (26) "Container" means a receptacle that contains an alcoholic product, including:
449451 220
450452 (a) a bottle;
451453 221
452454 (b) a vessel; or
453455 222
454456 (c) a similar item.
455457 223
456458 [(26)] (27) "Controlled group of manufacturers" means as the commission defines by rule
457459 224
458460 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
459461 225
460462 [(27)] (28) "Convention center" means a facility that is:
461463 226
462464 (a) in total at least 30,000 square feet; and
463465 227
464466 (b) otherwise defined as a "convention center" by the commission by rule.
465467 228
466468 [(28)] (29)(a) "Counter" means a surface or structure in a dining area of a licensed
467469 229
468470 premises where seating is provided to a patron for service of food.
469471 230
470472 (b) "Counter" does not include a dispensing structure.
471473 231
472474 [(29)] (30) "Crime involving moral turpitude" is as defined by the commission by rule.
473-- 7 - S.B. 328 Enrolled Copy
474475 232
475476 [(30)] (31) "Department" means the Department of Alcoholic Beverage Services created in
477+- 7 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
476478 233
477479 Section 32B-2-203.
478480 234
479481 [(31)] (32) "Department compliance officer" means an individual who is:
480482 235
481483 (a) an auditor or inspector; and
482484 236
483485 (b) employed by the department.
484486 237
485487 [(32)] (33) "Department sample" means liquor that is placed in the possession of the
486488 238
487489 department for testing, analysis, and sampling.
488490 239
489491 [(33)] (34) "Dining club license" means a license issued in accordance with Chapter 5,
490492 240
491493 Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated
492494 241
493495 by the commission as a dining club license.
494496 242
495497 [(34)] (35) "Director," unless the context requires otherwise, means the director of the
496498 243
497499 department.
498500 244
499501 [(35)] (36) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
500502 245
501503 title:
502504 246
503505 (a) against a person subject to administrative action; and
504506 247
505507 (b) that is brought on the basis of a violation of this title.
506508 248
507509 [(36)] (37)(a) Subject to Subsection [(36)(b)] (37)(b), "dispense" means:
508510 249
509511 (i) drawing an alcoholic product; and
510512 250
511513 (ii) using the alcoholic product at the location from which it was drawn to mix or
512514 251
513515 prepare an alcoholic product to be furnished to a patron of the retail licensee.
514516 252
515517 (b) The definition of "dispense" in this Subsection [(36)] (37) applies only to:
516518 253
517519 (i) a full-service restaurant license;
518520 254
519521 (ii) a limited-service restaurant license;
520522 255
521523 (iii) a reception center license;
522524 256
523525 (iv) a beer-only restaurant license;
524526 257
525527 (v) a bar license;
526528 258
527529 (vi) an on-premise beer retailer;
528530 259
529531 (vii) an airport lounge license;
530532 260
531533 (viii) an on-premise banquet license; and
532534 261
533535 (ix) a hospitality amenity license.
534536 262
535537 [(37)] (38) "Dispensing structure" means a surface or structure on a licensed premises:
536538 263
537539 (a) where an alcoholic product is dispensed; or
538540 264
539541 (b) from which an alcoholic product is served.
540542 265
541543 [(38)] (39) "Distillery manufacturing license" means a license issued in accordance with
542-- 8 - Enrolled Copy S.B. 328
543544 266
544545 Chapter 11, Part 4, Distillery Manufacturing License.
546+- 8 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
545547 267
546548 [(39)] (40) "Distressed merchandise" means an alcoholic product in the possession of the
547549 268
548550 department that is saleable, but for some reason is unappealing to the public.
549551 269
550552 [(40)] (41) "Domestic airport" means an airport that:
551553 270
552554 (a) has at least 15,000 commercial airline passenger boardings in any five-year period;
553555 271
554556 (b) receives scheduled commercial passenger aircraft service; and
555557 272
556558 (c) is not an international airport.
557559 273
558560 [(41)] (42) "Equity license" means a license issued in accordance with Chapter 5, Retail
559561 274
560562 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
561563 275
562564 commission as an equity license.
563565 276
564566 [(42)] (43) "Event permit" means:
565567 277
566568 (a) a single event permit; or
567569 278
568570 (b) a temporary beer event permit.
569571 279
570572 [(43)] (44) "Exempt license" means a license exempt under Section 32B-1-201 from being
571573 280
572574 considered in determining the total number of retail licenses that the commission may
573575 281
574576 issue at any time.
575577 282
576578 [(44)] (45)(a) "Flavored malt beverage" means a beverage:
577579 283
578580 (i) that contains at least .5% alcohol by volume;
579581 284
580582 (ii) for which the producer is required to file a formula for approval with the federal
581583 285
582584 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
583585 286
584586 the beverage is treated by processing, filtration, or another method of manufacture
585587 287
586588 that is not generally recognized as a traditional process in the production of a beer,
587589 288
588590 ale, porter, stout, lager, or malt liquor; and
589591 289
590592 (iii) for which the producer is required to file a formula for approval with the federal
591593 290
592594 Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
593595 291
594596 the beverage includes an ingredient containing alcohol.
595597 292
596598 (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
597599 293
598600 ethanol-based flavoring agent that contributes to the overall alcohol content of the
599601 294
600602 beverage.
601603 295
602604 (c) "Flavored malt beverage" does not include beer or heavy beer.
603605 296
604606 (d) "Flavored malt beverage" is considered liquor for purposes of this title.
605607 297
606608 [(45)] (46) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
607609 298
608610 License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
609611 299
610612 commission as a fraternal license.
611-- 9 - S.B. 328 Enrolled Copy
612613 300
613614 [(46)] (47) "Full-service restaurant license" means a license issued in accordance with
615+- 9 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
614616 301
615617 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
616618 302
617619 [(47)] (48)(a) "Furnish" means by any means to provide with, supply, or give an
618620 303
619621 individual an alcoholic product, by sale or otherwise.
620622 304
621623 (b) "Furnish" includes to:
622624 305
623625 (i) serve;
624626 306
625627 (ii) deliver; or
626628 307
627629 (iii) otherwise make available.
628630 308
629631 [(48)] (49) "Guest" means an individual who meets the requirements of Subsection
630632 309
631633 32B-6-407(9).
632634 310
633635 [(49)] (50) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
634636 311
635637 [(50)] (51) "Health care practitioner" means:
636638 312
637639 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
638640 313
639641 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
640642 314
641643 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
642644 315
643645 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
644646 316
645647 Act;
646648 317
647649 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
648650 318
649651 Nurse Practice Act;
650652 319
651653 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
652654 320
653655 Practice Act;
654656 321
655657 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
656658 322
657659 Therapy Practice Act;
658660 323
659661 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
660662 324
661663 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
662664 325
663665 Professional Practice Act;
664666 326
665667 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
666668 327
667669 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice
668670 328
669671 Act;
670672 329
671673 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
672674 330
673675 Hygienist Practice Act; and
674676 331
675677 (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
676678 332
677679 Act.
678680 333
679681 [(51)] (52)(a) "Heavy beer" means a product that:
680-- 10 - Enrolled Copy S.B. 328
681682 334
682683 (i)(A) contains more than 5% alcohol by volume;
684+- 10 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
683685 335
684686 (B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
685687 336
686688 volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or
687689 337
688690 ethanol-based flavoring agent that contributes more than 10% of the overall
689691 338
690692 alcohol content of the product; or
691693 339
692694 (C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
693695 340
694696 volume or 4% by weight, and has a label or packaging that is rejected under
695697 341
696698 Subsection 32B-1-606(3)(b); and
697699 342
698700 (ii) is obtained by fermentation, infusion, or decoction of:
699701 343
700702 (A) malt; or
701703 344
702704 (B) a malt substitute.
703705 345
704706 (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
705707 346
706708 contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that
707709 347
708710 contributes to the overall alcohol content of the heavy beer.
709711 348
710712 (c) "Heavy beer" does not include:
711713 349
712714 (i) a flavored malt beverage;
713715 350
714716 (ii) a product that contains alcohol derived from:
715717 351
716718 (A) except as provided in Subsections [(51)(a)(i)(B)] (52)(a)(i)(B) and [(51)(b)]
717719 352
718720 (52)(b), spirituous liquor; or
719721 353
720722 (B) wine; or
721723 354
722724 (iii) a product that contains an additive masking or altering a physiological effect of
723725 355
724726 alcohol, including kratom, kava, cannabidiol, or natural or synthetic
725727 356
726728 tetrahydrocannabinol.
727729 357
728730 (d) "Heavy beer" is considered liquor for the purposes of this title.
729731 358
730732 [(52)] (53) "Hospitality amenity license" means a license issued in accordance with Chapter
731733 359
732734 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
733735 360
734736 [(53)] (54)(a) "Hotel" means a commercial lodging establishment that:
735737 361
736738 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
737739 362
738740 (ii) is capable of hosting conventions, conferences, and food and beverage functions
739741 363
740742 under a banquet contract; and
741743 364
742744 (iii)(A) has adequate kitchen or culinary facilities on the premises to provide
743745 365
744746 complete meals;
745747 366
746748 (B) has at least 1,000 square feet of function space consisting of meeting or dining
747749 367
748750 rooms that can be reserved for a banquet and can accommodate at least 75
749-- 11 - S.B. 328 Enrolled Copy
750751 368
751752 individuals; or
753+- 11 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
752754 369
753755 (C) if the establishment is located in a small or unincorporated locality, has an
754756 370
755757 appropriate amount of function space consisting of meeting or dining rooms
756758 371
757759 that can be reserved for private use under a banquet contract, as determined by
758760 372
759761 the commission.
760762 373
761763 (b) "Hotel" includes a commercial lodging establishment that:
762764 374
763765 (i) meets the requirements under Subsection [(53)(a)] (54)(a); and
764766 375
765767 (ii) has one or more privately owned dwelling units.
766768 376
767769 [(54)] (55) "Hotel license" means a license issued in accordance with Chapter 5, Retail
768770 377
769771 License Act, and Chapter 8b, Hotel License Act.
770772 378
771773 [(55)] (56) "Identification card" means an identification card issued under Title 53, Chapter
772774 379
773775 3, Part 8, Identification Card Act.
774776 380
775777 [(56)] (57) "Industry representative" means an individual who is compensated by salary,
776778 381
777779 commission, or other means for representing and selling an alcoholic product of a
778780 382
779781 manufacturer, supplier, or importer of liquor.
780782 383
781783 [(57)] (58) "Industry representative sample" means liquor that is placed in the possession of
782784 384
783785 the department for testing, analysis, and sampling by a local industry representative on
784786 385
785787 the premises of the department to educate the local industry representative of the quality
786788 386
787789 and characteristics of the product.
788790 387
789791 [(58)] (59) "Interdicted person" means a person to whom the sale, offer for sale, or
790792 388
791793 furnishing of an alcoholic product is prohibited by:
792794 389
793795 (a) law; or
794796 390
795797 (b) court order.
796798 391
797799 [(59)] (60) "International airport" means an airport:
798800 392
799801 (a) with a United States Customs and Border Protection office on the premises of the
800802 393
801803 airport; and
802804 394
803805 (b) at which international flights may enter and depart.
804806 395 [(60)] (61) "Intoxicated" or "intoxication" means that
805807 396
806808 an individual exhibits plain and easily observable outward manifestations of behavior or
807809 397
808810 physical signs produced by or as a result of the use of:
809811 398
810812 (a) an alcoholic product;
811813 399
812814 (b) a controlled substance;
813815 400
814816 (c) a substance having the property of releasing toxic vapors; or
815817 401
816818 (d) a combination of products or substances described in Subsections [(60)(a)] (61)(a)
817-- 12 - Enrolled Copy S.B. 328
818819 402
819820 through (c).
821+- 12 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
820822 403
821823 [(61)] (62) "Investigator" means an individual who is:
822824 404
823825 (a) a department compliance officer; or
824826 405
825827 (b) a nondepartment enforcement officer.
826828 406
827829 [(62)] (63) "License" means:
828830 407
829831 (a) a retail license;
830832 408
831833 (b) a sublicense;
832834 409
833835 (c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State
834836 410
835837 License;
836838 411
837839 (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses
838840 412
839841 Act;
840842 413
841843 (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
842844 414
843845 (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
844846 415
845847 (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
846848 416
847849 [(63)] (64) "Licensee" means a person who holds a license.
848850 417
849851 [(64)] (65) "Limited-service restaurant license" means a license issued in accordance with
850852 418
851853 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant
852854 419
853855 License.
854856 420
855857 [(65)] (66) "Limousine" means a motor vehicle licensed by the state or a local authority,
856858 421
857859 other than a bus or taxicab:
858860 422
859861 (a) in which the driver and a passenger are separated by a partition, glass, or other
860862 423
861863 barrier;
862864 424
863865 (b) that is provided by a business entity to one or more individuals at a fixed charge in
864866 425
865867 accordance with the business entity's tariff; and
866868 426
867869 (c) to give the one or more individuals the exclusive use of the limousine and a driver to
868870 427
869871 travel to one or more specified destinations.
870872 428
871873 [(66)] (67)(a)(i) "Liquor" means a liquid that:
872874 429
873875 (A) is:
874876 430
875877 (I) alcohol;
876878 431
877879 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
878880 432
879881 (III) a combination of liquids a part of which is spirituous, vinous, or
880882 433
881883 fermented; or
882884 434
883885 (IV) other drink or drinkable liquid; and
884886 435
885887 (B)(I) contains at least .5% alcohol by volume; and
886-- 13 - S.B. 328 Enrolled Copy
887888 436
888889 (II) is suitable to use for beverage purposes.
890+- 13 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
889891 437
890892 (ii) "Liquor" includes:
891893 438
892894 (A) heavy beer;
893895 439
894896 (B) wine; and
895897 440
896898 (C) a flavored malt beverage.
897899 441
898900 (b) "Liquor" does not include beer.
899901 442
900902 [(67)] (68) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
901903 443
902904 [(68)] (69) "Liquor transport license" means a license issued in accordance with Chapter 17,
903905 444
904906 Liquor Transport License Act.
905907 445
906908 [(69)] (70) "Liquor warehousing license" means a license that is issued:
907909 446
908910 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
909911 447
910912 (b) to a person, other than a licensed manufacturer, who engages in the importation for
911913 448
912914 storage, sale, or distribution of liquor regardless of amount.
913915 449
914916 [(70)] (71) "Local authority" means:
915917 450
916918 (a) for premises that are located in an unincorporated area of a county, the governing
917919 451
918920 body of a county;
919921 452
920922 (b) for premises that are located in an incorporated city or town, the governing body of
921923 453
922924 the city or town; or
923925 454
924926 (c) for premises that are located in a project area as defined in Section 63H-1-102 and in
925927 455
926928 a project area plan adopted by the Military Installation Development Authority under
927929 456
928930 Title 63H, Chapter 1, Military Installation Development Authority Act, the Military
929931 457
930932 Installation Development Authority.
931933 458
932934 [(71)] (72) "Lounge or bar area" is as defined by rule made by the commission.
933935 459
934936 [(72)] (73) "Malt substitute" means:
935937 460
936938 (a) rice;
937939 461
938940 (b) grain;
939941 462
940942 (c) bran;
941943 463
942944 (d) glucose;
943945 464
944946 (e) sugar; or
945947 465
946948 (f) molasses.
947949 466
948950 [(73)] (74) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment,
949951 467
950952 or otherwise make an alcoholic product for personal use or for sale or distribution to
951953 468
952954 others.
953955 469
954956 [(74)] (75) "Member" means an individual who, after paying regular dues, has full privileges
955-- 14 - Enrolled Copy S.B. 328
956957 470
957958 in an equity licensee or fraternal licensee.
959+- 14 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
958960 471
959961 [(75)] (76)(a) "Military installation" means a base, air field, camp, post, station, yard,
960962 472
961963 center, or homeport facility for a ship:
962964 473
963965 (i)(A) under the control of the United States Department of Defense; or
964966 474
965967 (B) of the National Guard;
966968 475
967969 (ii) that is located within the state; and
968970 476
969971 (iii) including a leased facility.
970972 477
971973 (b) "Military installation" does not include a facility used primarily for:
972974 478
973975 (i) civil works;
974976 479
975977 (ii) a rivers and harbors project; or
976978 480
977979 (iii) a flood control project.
978980 481
979981 [(76)] (77) "Minibar" means an area of a hotel guest room where one or more alcoholic
980982 482
981983 products are kept and offered for self-service sale or consumption.
982984 483
983985 [(77)] (78) "Minor" means an individual under 21 years old.
984986 484
985987 [(78)] (79) "Nondepartment enforcement agency" means an agency that:
986988 485
987989 (a)(i) is a state agency other than the department; or
988990 486
989991 (ii) is an agency of a county, city, or town; and
990992 487
991993 (b) has a responsibility to enforce one or more provisions of this title.
992994 488
993995 [(79)] (80) "Nondepartment enforcement officer" means an individual who is:
994996 489
995997 (a) a peace officer, examiner, or investigator; and
996998 490
997999 (b) employed by a nondepartment enforcement agency.
9981000 491
9991001 [(80)] (81)(a) "Off-premise beer retailer" means a beer retailer who is:
10001002 492
10011003 (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
10021004 493
10031005 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
10041006 494
10051007 premises.
10061008 495
10071009 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
10081010 496
10091011 [(81)] (82) "Off-premise beer retailer state license" means a state license issued in
10101012 497
10111013 accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License.
10121014 498
10131015 [(82)] (83) "On-premise banquet license" means a license issued in accordance with Chapter
10141016 499
10151017 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
10161018 500
10171019 [(83)] (84) "On-premise beer retailer" means a beer retailer who is:
10181020 501
10191021 (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance
10201022 502
10211023 with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer
10221024 503
10231025 License; and
1024-- 15 - S.B. 328 Enrolled Copy
10251026 504
10261027 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1028+- 15 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
10271029 505
10281030 premises:
10291031 506
10301032 (i) regardless of whether the beer retailer sells beer for consumption off the licensed
10311033 507
10321034 premises; and
10331035 508
10341036 (ii) on and after March 1, 2012, operating:
10351037 509
10361038 (A) as a tavern; or
10371039 510
10381040 (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
10391041 511
10401042 [(84)] (85) "Opaque" means impenetrable to sight.
10411043 512
10421044 [(85)] (86) "Package agency" means a retail liquor location operated:
10431045 513
10441046 (a) under an agreement with the department; and
10451047 514
10461048 (b) by a person:
10471049 515
10481050 (i) other than the state; and
10491051 516
10501052 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6,
10511053 517
10521054 Package Agency, to sell packaged liquor for consumption off the premises of the
10531055 518
10541056 package agency.
10551057 519
10561058 [(86)] (87) "Package agent" means a person who holds a package agency.
10571059 520
10581060 [(87)] (88) "Patron" means an individual to whom food, beverages, or services are sold,
10591061 521
10601062 offered for sale, or furnished, or who consumes an alcoholic product including:
10611063 522
10621064 (a) a customer;
10631065 523
10641066 (b) a member;
10651067 524
10661068 (c) a guest;
10671069 525
10681070 (d) an attendee of a banquet or event;
10691071 526
10701072 (e) an individual who receives room service;
10711073 527
10721074 (f) a resident of a resort; or
10731075 528
10741076 (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
10751077 529
10761078 license.
10771079 530
10781080 [(88)] (89)(a) "Performing arts facility" means a multi-use performance space that:
10791081 531
10801082 (i) is primarily used to present various types of performing arts, including dance,
10811083 532
10821084 music, and theater;
10831085 533
10841086 (ii) contains over 2,500 seats;
10851087 534
10861088 (iii) is owned and operated by a governmental entity; and
10871089 535
10881090 (iv) is located in a city of the first class.
10891091 536
10901092 (b) "Performing arts facility" does not include a space that is used to present sporting
10911093 537
10921094 events or sporting competitions.
1093-- 16 - Enrolled Copy S.B. 328
10941095 538
10951096 [(89)] (90) "Permittee" means a person issued a permit under:
1097+- 16 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
10961098 539
10971099 (a) Chapter 9, Event Permit Act; or
10981100 540
10991101 (b) Chapter 10, Special Use Permit Act.
11001102 541
11011103 [(90)] (91) "Person subject to administrative action" means:
11021104 542
11031105 (a) a licensee;
11041106 543
11051107 (b) a permittee;
11061108 544
11071109 (c) a manufacturer;
11081110 545
11091111 (d) a supplier;
11101112 546
11111113 (e) an importer;
11121114 547
11131115 (f) one of the following holding a certificate of approval:
11141116 548
11151117 (i) an out-of-state brewer;
11161118 549
11171119 (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
11181120 550
11191121 (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
11201122 551
11211123 (g) staff of:
11221124 552
11231125 (i) a person listed in Subsections [(90)(a)] (91)(a) through (f); or
11241126 553
11251127 (ii) a package agent.
11261128 554
11271129 [(91)] (92) "Premises" means a building, enclosure, or room used in connection with the
11281130 555
11291131 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic
11301132 556
11311133 product, unless otherwise defined in this title or rules made by the commission.
11321134 557
11331135 [(92)] (93) "Prescription" means an order issued by a health care practitioner when:
11341136 558
11351137 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
11361138 559
11371139 to prescribe a controlled substance, other drug, or device for medicinal purposes;
11381140 560
11391141 (b) the order is made in the course of that health care practitioner's professional practice;
11401142 561
11411143 and
11421144 562
11431145 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
11441146 563
11451147 [(93)] (94)(a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
11461148 564
11471149 (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
11481150 565
11491151 [(94)] (95) "Principal license" means:
11501152 566
11511153 (a) a resort license;
11521154 567
11531155 (b) a hotel license; or
11541156 568
11551157 (c) an arena license.
11561158 569
11571159 [(95)] (96)(a) "Private event" means a specific social, business, or recreational event:
11581160 570
11591161 (i) for which an entire room, area, or hall is leased or rented in advance by an
11601162 571
11611163 identified group; and
1162-- 17 - S.B. 328 Enrolled Copy
11631164 572
11641165 (ii) that is limited in attendance to people who are specifically designated and their
1166+- 17 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
11651167 573
11661168 guests.
11671169 574
11681170 (b) "Private event" does not include an event to which the general public is invited,
11691171 575
11701172 whether for an admission fee or not.
11711173 576
11721174 [(96)] (97) "Privately sponsored event" means a specific social, business, or recreational
11731175 577
11741176 event:
11751177 578
11761178 (a) that is held in or on the premises of an on-premise banquet licensee; and
11771179 579
11781180 (b) to which entry is restricted by an admission fee.
11791181 580
11801182 [(97)] (98)(a) "Proof of age" means:
11811183 581
11821184 (i) an identification card;
11831185 582
11841186 (ii) an identification that:
11851187 583
11861188 (A) is substantially similar to an identification card;
11871189 584
11881190 (B) is issued in accordance with the laws of a state other than Utah in which the
11891191 585
11901192 identification is issued;
11911193 586
11921194 (C) includes date of birth; and
11931195 587
11941196 (D) has a picture affixed;
11951197 588
11961198 (iii) a valid driver license certificate that:
11971199 589
11981200 (A) includes date of birth;
11991201 590
12001202 (B) has a picture affixed; and
12011203 591
12021204 (C) is issued under Title 53, Chapter 3, Uniform Driver License Act, in
12031205 592
1204-accordance with the laws of the state in which it is issued, or in accordance
1206+accordance with the laws of the state in which it is issued, orin accordance with
12051207 593
1206-with federal law by the United States Department of State;
1208+federal law by the United States Department of State;
12071209 594
12081210 (iv) a military identification card that:
12091211 595
12101212 (A) includes date of birth; and
12111213 596
12121214 (B) has a picture affixed; or
12131215 597
12141216 (v) a valid passport.
12151217 598
12161218 (b) "Proof of age" does not include a driving privilege card issued in accordance with
12171219 599
12181220 Section 53-3-207.
12191221 600
12201222 [(98)] (99) "Provisions applicable to a sublicense" means:
12211223 601
12221224 (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
12231225 602
12241226 restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
12251227 603
12261228 (b) for a limited-service restaurant sublicense, the provisions applicable to a
12271229 604
12281230 limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant
12291231 605
12301232 License;
1231-- 18 - Enrolled Copy S.B. 328
12321233 606
12331234 (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
1235+- 18 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
12341236 607
12351237 license under Chapter 6, Part 4, Bar Establishment License;
12361238 608
12371239 (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
12381240 609
12391241 banquet license under Chapter 6, Part 6, On-Premise Banquet License;
12401242 610
12411243 (e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise
12421244 611
12431245 beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
12441246 612
12451247 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
12461248 613
12471249 restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
12481250 614
12491251 (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
12501252 615
12511253 license under Chapter 6, Part 10, Hospitality Amenity License; and
12521254 616
12531255 (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
12541256 617
12551257 Part 2, Resort Spa Sublicense.
12561258 618
12571259 [(99)] (100)(a) "Public building" means a building or permanent structure that is:
12581260 619
12591261 (i) owned or leased by:
12601262 620
12611263 (A) the state; or
12621264 621
12631265 (B) a local government entity; and
12641266 622
12651267 (ii) used for:
12661268 623
12671269 (A) public education;
12681270 624
12691271 (B) transacting public business; or
12701272 625
12711273 (C) regularly conducting government activities.
12721274 626
12731275 (b) "Public building" does not include a building owned by the state or a local
12741276 627
12751277 government entity when the building is used by a person, in whole or in part, for a
12761278 628
12771279 proprietary function.
12781280 629
12791281 [(100)] (101) "Public conveyance" means a conveyance that the public or a portion of the
12801282 630
12811283 public has access to and a right to use for transportation, including an airline, railroad,
12821284 631
12831285 bus, boat, or other public conveyance.
12841286 632
12851287 [(101)] (102) "Reception center" means a business that:
12861288 633
12871289 (a) operates facilities that are at least 5,000 square feet; and
12881290 634
12891291 (b) has as its primary purpose the leasing of the facilities described in Subsection [
12901292 635
12911293 (101)(a)] (102)(a) to a third party for the third party's event.
12921294 636
12931295 [(102)] (103) "Reception center license" means a license issued in accordance with Chapter
12941296 637
12951297 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.
12961298 638
12971299 [(103)] (104)(a) "Record" means information that is:
12981300 639
12991301 (i) inscribed on a tangible medium; or
1300-- 19 - S.B. 328 Enrolled Copy
13011302 640
13021303 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1304+- 19 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
13031305 641
13041306 (b) "Record" includes:
13051307 642
13061308 (i) a book;
13071309 643
13081310 (ii) a book of account;
13091311 644
13101312 (iii) a paper;
13111313 645
13121314 (iv) a contract;
13131315 646
13141316 (v) an agreement;
13151317 647
13161318 (vi) a document; or
13171319 648
13181320 (vii) a recording in any medium.
13191321 649
13201322 [(104)] (105) "Residence" means a person's principal place of abode within Utah.
13211323 650
13221324 [(105)] (106) "Resident," in relation to a resort, means the same as that term is defined in
13231325 651
13241326 Section 32B-8-102.
13251327 652
13261328 [(106)] (107) "Resort" means the same as that term is defined in Section 32B-8-102.
13271329 653
13281330 [(107)] (108) "Resort facility" is as defined by the commission by rule.
13291331 654
13301332 [(108)] (109) "Resort license" means a license issued in accordance with Chapter 5, Retail
13311333 655
13321334 License Act, and Chapter 8, Resort License Act.
13331335 656
13341336 [(109)] (110) "Responsible alcohol service plan" means a written set of policies and
13351337 657
13361338 procedures that outlines measures to prevent employees from:
13371339 658
13381340 (a) over-serving alcoholic beverages to customers;
13391341 659
13401342 (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
13411343 660
13421344 intoxicated; and
13431345 661
13441346 (c) serving alcoholic beverages to minors.
13451347 662
13461348 [(110)] (111) "Restaurant" means a business location:
13471349 663
13481350 (a) at which a variety of foods are prepared;
13491351 664
13501352 (b) at which complete meals are served; and
13511353 665
13521354 (c) that is engaged primarily in serving meals.
13531355 666
13541356 [(111)] (112) "Restaurant license" means one of the following licenses issued under this title:
13551357 667
13561358 (a) a full-service restaurant license;
13571359 668
13581360 (b) a limited-service restaurant license; or
13591361 669
13601362 (c) a beer-only restaurant license.
13611363 670
13621364 [(112)] (113) "Restaurant venue" means a room within a restaurant that:
13631365 671
13641366 (a) is located on the licensed premises of a restaurant licensee;
13651367 672
13661368 (b) is separated from the area within the restaurant for a patron's consumption of food by
13671369 673
13681370 a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not
1369-- 20 - Enrolled Copy S.B. 328
13701371 674
13711372 visible to a patron in the area within the restaurant for a patron's consumption of
1373+- 20 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
13721374 675
13731375 food; and
13741376 676
13751377 (c)(i) has at least 1,000 square feet that:
13761378 677
13771379 (A) may be reserved for a banquet; and
13781380 678
13791381 (B) accommodates at least 75 individuals; or
13801382 679
13811383 (ii) if the restaurant is located in a small or unincorporated locality, has an
13821384 680
13831385 appropriate amount of space, as determined by the commission, that may be
13841386 681
13851387 reserved for a banquet.
13861388 682
13871389 [(113)] (114) "Retail license" means one of the following licenses issued under this title:
13881390 683
13891391 (a) a full-service restaurant license;
13901392 684
13911393 (b) a master full-service restaurant license;
13921394 685
13931395 (c) a limited-service restaurant license;
13941396 686
13951397 (d) a master limited-service restaurant license;
13961398 687
13971399 (e) a bar establishment license;
13981400 688
13991401 (f) an airport lounge license;
14001402 689
14011403 (g) an on-premise banquet license;
14021404 690
14031405 (h) an on-premise beer license;
14041406 691
14051407 (i) a reception center license;
14061408 692
14071409 (j) a beer-only restaurant license;
14081410 693
14091411 (k) a hospitality amenity license;
14101412 694
14111413 (l) a resort license;
14121414 695
14131415 (m) a hotel license; or
14141416 696
14151417 (n) an arena license.
14161418 697
14171419 [(114)] (115) "Room service" means furnishing an alcoholic product to a person in a guest
14181420 698
14191421 room or privately owned dwelling unit of a:
14201422 699
14211423 (a) hotel; or
14221424 700
14231425 (b) resort facility.
14241426 701
14251427 [(115)] (116)(a) "School" means a building in which any part is used for more than three
14261428 702
14271429 hours each weekday during a school year as a public or private:
14281430 703
14291431 (i) elementary school;
14301432 704
14311433 (ii) secondary school; or
14321434 705
14331435 (iii) kindergarten.
14341436 706
14351437 (b) "School" does not include:
14361438 707
14371439 (i) a nursery school;
1438-- 21 - S.B. 328 Enrolled Copy
14391440 708
14401441 (ii) a day care center;
1442+- 21 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
14411443 709
14421444 (iii) a trade and technical school;
14431445 710
14441446 (iv) a preschool;
14451447 711
14461448 (v) a home school;
14471449 712
14481450 (vi) a home-based microschool as defined in Section 53G-6-201; or
14491451 713
14501452 (vii) a micro-education entity as defined in Section 53G-6-201.
14511453 714
14521454 [(116)] (117) "Secondary flavoring ingredient" means any spirituous liquor added to a
14531455 715
14541456 beverage for additional flavoring that is different in type, flavor, or brand from the
14551457 716
14561458 primary spirituous liquor in the beverage.
14571459 717
14581460 [(117)] (118) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
14591461 718
14601462 consideration, an alcoholic product is either directly or indirectly transferred, solicited,
14611463 719
14621464 ordered, delivered for value, or by a means or under a pretext is promised or obtained,
14631465 720
14641466 whether done by a person as a principal, proprietor, or as staff, unless otherwise defined
14651467 721
14661468 in this title or the rules made by the commission.
14671469 722
14681470 [(118)] (119) "Serve" means to place an alcoholic product before an individual.
14691471 723
14701472 [(119)] (120) "Sexually oriented entertainer" means a person who while in a state of
14711473 724
14721474 seminudity appears at or performs:
14731475 725
14741476 (a) for the entertainment of one or more patrons;
14751477 726
14761478 (b) on the premises of:
14771479 727
14781480 (i) a bar licensee; or
14791481 728
14801482 (ii) a tavern;
14811483 729
14821484 (c) on behalf of or at the request of the licensee described in Subsection [(119)(b)]
14831485 730
14841486 (120)(b);
14851487 731
14861488 (d) on a contractual or voluntary basis; and
14871489 732
14881490 (e) whether or not the person is designated as:
14891491 733
14901492 (i) an employee;
14911493 734
14921494 (ii) an independent contractor;
14931495 735
14941496 (iii) an agent of the licensee; or
14951497 736
14961498 (iv) a different type of classification.
14971499 737
14981500 [(120)] (121) "Shared seating area" means the licensed premises of two or more restaurant
14991501 738
15001502 licensees that the restaurant licensees share as an area for alcoholic beverage
15011503 739
15021504 consumption in accordance with Subsection 32B-5-207(3).
15031505 740
15041506 [(121)] (122) "Single event permit" means a permit issued in accordance with Chapter 9,
15051507 741
15061508 Part 3, Single Event Permit.
1507-- 22 - Enrolled Copy S.B. 328
15081509 742
15091510 [(122)] (123) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
1511+- 22 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
15101512 743
15111513 beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
15121514 744
15131515 (a) if the brewer is part of a controlled group of manufacturers, including the combined
15141516 745
15151517 volume totals of production for all breweries that constitute the controlled group of
15161518 746
15171519 manufacturers; and
15181520 747
15191521 (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
15201522 748
15211523 (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
15221524 749
15231525 determines by rule made in accordance with Title 63G, Chapter 3, Utah
15241526 750
15251527 Administrative Rulemaking Act; and
15261528 751
15271529 (ii) does not sell for consumption as, or in, a beverage.
15281530 752
15291531 [(123)] (124) "Small or unincorporated locality" means:
15301532 753
15311533 (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
15321534 754
15331535 (b) a town, as classified under Section 10-2-301; or
15341536 755
15351537 (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
15361538 756
15371539 under Section 17-50-501.
15381540 757
15391541 [(124)] (125) "Spa sublicense" means a sublicense:
15401542 758
15411543 (a) to a resort license or hotel license; and
15421544 759
15431545 (b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
15441546 760
15451547 Sublicense.
15461548 761
15471549 [(125)] (126) "Special use permit" means a permit issued in accordance with Chapter 10,
15481550 762
15491551 Special Use Permit Act.
15501552 763
15511553 [(126)] (127)(a) "Spirituous liquor" means liquor that is distilled.
15521554 764
15531555 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27
15541556 765
15551557 U.S.C. Sec. 211 and 27 C.F.R. [Sec] Secs. 5.11 through 5.23.
15561558 766
15571559 [(127)] (128) "Sports center" is as defined by the commission by rule.
15581560 767
15591561 [(128)] (129)(a) "Staff" means an individual who engages in activity governed by this
15601562 768
15611563 title:
15621564 769
15631565 (i) on behalf of a business, including a package agent, licensee, permittee, or
15641566 770
15651567 certificate holder;
15661568 771
15671569 (ii) at the request of the business, including a package agent, licensee, permittee, or
15681570 772
15691571 certificate holder; or
15701572 773
15711573 (iii) under the authority of the business, including a package agent, licensee,
15721574 774
15731575 permittee, or certificate holder.
15741576 775
15751577 (b) "Staff" includes:
1576-- 23 - S.B. 328 Enrolled Copy
15771578 776
15781579 (i) an officer;
1580+- 23 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
15791581 777
15801582 (ii) a director;
15811583 778
15821584 (iii) an employee;
15831585 779
15841586 (iv) personnel management;
15851587 780
15861588 (v) an agent of the licensee, including a managing agent;
15871589 781
15881590 (vi) an operator; or
15891591 782
15901592 (vii) a representative.
15911593 783
15921594 [(129)] (130) "State of nudity" means:
15931595 784
15941596 (a) the appearance of:
15951597 785
15961598 (i) the nipple or areola of a female human breast;
15971599 786
15981600 (ii) a human genital;
15991601 787
16001602 (iii) a human pubic area; or
16011603 788
16021604 (iv) a human anus; or
16031605 789
16041606 (b) a state of dress that fails to opaquely cover:
16051607 790
16061608 (i) the nipple or areola of a female human breast;
16071609 791
16081610 (ii) a human genital;
16091611 792
16101612 (iii) a human pubic area; or
16111613 793
16121614 (iv) a human anus.
16131615 794
16141616 [(130)] (131) "State of seminudity" means a state of dress in which opaque clothing covers
16151617 795
16161618 no more than:
16171619 796
16181620 (a) the nipple and areola of the female human breast in a shape and color other than the
16191621 797
16201622 natural shape and color of the nipple and areola; and
16211623 798
16221624 (b) the human genitals, pubic area, and anus:
16231625 799
16241626 (i) with no less than the following at its widest point:
16251627 800
16261628 (A) four inches coverage width in the front of the human body; and
16271629 801
16281630 (B) five inches coverage width in the back of the human body; and
16291631 802
16301632 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
16311633 803
16321634 [(131)] (132)(a) "State store" means a facility for the sale of packaged liquor:
16331635 804
16341636 (i) located on premises owned or leased by the state; and
16351637 805
16361638 (ii) operated by a state employee.
16371639 806
16381640 (b) "State store" does not include:
16391641 807
16401642 (i) a package agency;
16411643 808
16421644 (ii) a licensee; or
16431645 809
16441646 (iii) a permittee.
1645-- 24 - Enrolled Copy S.B. 328
16461647 810
16471648 [(132)] (133)(a) "Storage area" means an area on licensed premises where the licensee
1649+- 24 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
16481650 811
16491651 stores an alcoholic product.
16501652 812
16511653 (b) "Store" means to place or maintain in a location an alcoholic product.
16521654 813
16531655 [(133)] (134) "Sublicense" means:
16541656 814
16551657 (a) any of the following licenses issued as a subordinate license to, and contingent on the
16561658 815
16571659 issuance of, a principal license:
16581660 816
16591661 (i) a full-service restaurant license;
16601662 817
16611663 (ii) a limited-service restaurant license;
16621664 818
16631665 (iii) a bar establishment license;
16641666 819
16651667 (iv) an on-premise banquet license;
16661668 820
16671669 (v) an on-premise beer retailer license;
16681670 821
16691671 (vi) a beer-only restaurant license; or
16701672 822
16711673 (vii) a hospitality amenity license; or
16721674 823
16731675 (b) a spa sublicense.
16741676 824
16751677 [(134)] (135) "Supplier" means a person who sells an alcoholic product to the department.
16761678 825
16771679 [(135)] (136) "Tavern" means an on-premise beer retailer who is:
16781680 826
16791681 (a) issued a license by the commission in accordance with Chapter 5, Retail License Act,
16801682 827
16811683 and Chapter 6, Part 7, On-Premise Beer Retailer License; and
16821684 828
16831685 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
16841686 829
16851687 On-Premise Beer Retailer License.
16861688 830
16871689 [(136)] (137) "Temporary beer event permit" means a permit issued in accordance with
16881690 831
16891691 Chapter 9, Part 4, Temporary Beer Event Permit.
16901692 832
16911693 [(137)] (138) "Temporary domicile" means the principal place of abode within Utah of a
16921694 833
16931695 person who does not have a present intention to continue residency within Utah
16941696 834
16951697 permanently or indefinitely.
16961698 835
16971699 [(138)] (139) "Translucent" means a substance that allows light to pass through, but does not
16981700 836
16991701 allow an object or person to be seen through the substance.
17001702 837
17011703 [(139)] (140) "Unsaleable liquor merchandise" means a container that:
17021704 838
17031705 (a) is unsaleable because the container is:
17041706 839
17051707 (i) unlabeled;
17061708 840
17071709 (ii) leaky;
17081710 841
17091711 (iii) damaged;
17101712 842
17111713 (iv) difficult to open; or
17121714 843
17131715 (v) partly filled;
1714-- 25 - S.B. 328 Enrolled Copy
17151716 844
17161717 (b)(i) has faded labels or defective caps or corks;
1718+- 25 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
17171719 845
17181720 (ii) has contents that are:
17191721 846
17201722 (A) cloudy;
17211723 847
17221724 (B) spoiled; or
17231725 848
17241726 (C) chemically determined to be impure; or
17251727 849
17261728 (iii) contains:
17271729 850
17281730 (A) sediment; or
17291731 851
17301732 (B) a foreign substance; or
17311733 852
17321734 (c) is otherwise considered by the department as unfit for sale.
17331735 853
17341736 [(140)] (141)(a) "Wine" means an alcoholic product obtained by the fermentation of the
17351737 854
17361738 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether
17371739 855
17381740 or not another ingredient is added.
17391741 856
17401742 (b) "Wine" includes:
17411743 857
17421744 (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R.
17431745 858
17441746 Sec. 4.10; and
17451747 859
17461748 (ii) hard cider.
17471749 860
17481750 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided in
17491751 861
17501752 this title.
17511753 862
17521754 [(141)] (142) "Winery manufacturing license" means a license issued in accordance with
17531755 863
17541756 Chapter 11, Part 3, Winery Manufacturing License.
17551757 864
17561758 Section 2. Section 32B-1-202 is amended to read:
17571759 865
17581760 32B-1-202 . Proximity to community location.
17591761 866
17601762 (1) As used in this section:
17611763 867
17621764 (a) "Designated project area zone" means the area that is:
17631765 868
17641766 (i) bounded by:
17651767 869
17661768 (A) South Temple Street;
17671769 870
17681770 (B) 100 South Street;
17691771 871
17701772 (C) West Temple Street; and
17711773 872
17721774 (D) 400 West Street; and
17731775 873
17741776 (ii) within a project area as defined in Section 63N-3-1401.
17751777 874
17761778 (b)(i) "Outlet" means:
17771779 875
17781780 (A) a state store;
17791781 876
17801782 (B) a package agency; or
17811783 877
17821784 (C) a retail licensee.
1783-- 26 - Enrolled Copy S.B. 328
17841785 878
17851786 (ii) "Outlet" does not include:
1787+- 26 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
17861788 879
17871789 (A) an airport lounge licensee; or
17881790 880
17891791 (B) a restaurant.
17901792 881
17911793 (c) "Restaurant" means:
17921794 882
17931795 (i) a full-service restaurant licensee;
17941796 883
17951797 (ii) a limited-service restaurant licensee;
17961798 884
17971799 (iii) a beer-only restaurant licensee; or
17981800 885
17991801 (iv) a restaurant venue on-premise banquet licensee.
18001802 886
18011803 (2)(a) Except as otherwise provided in this section or Section 32B-1-202.1, the
18021804 887
18031805 commission may not issue a license for an outlet if, on the date the commission takes
18041806 888
18051807 final action to approve or deny the application, there is a community location:
18061808 889
18071809 (i) within 600 feet of the proposed outlet, as measured from the nearest patron
18081810 890
18091811 entrance of the proposed outlet by following the shortest route of ordinary
18101812 891
18111813 pedestrian travel to the property boundary of the community location; or
18121814 892
18131815 (ii) within 200 feet of the proposed outlet, measured in a straight line from the
18141816 893
18151817 nearest patron entrance of the proposed outlet to the nearest property boundary of
18161818 894
18171819 the community location.
18181820 895
18191821 (b) Except as otherwise provided in this section or Section 32B-1-202.1, the commission
18201822 896
18211823 may not issue a license for a restaurant if, on the date the commission takes final
18221824 897
18231825 action to approve or deny the application, there is a community location:
18241826 898
18251827 (i) within 300 feet of the proposed restaurant, as measured from the nearest patron
18261828 899
18271829 entrance of the proposed restaurant by following the shortest route of ordinary
18281830 900
18291831 pedestrian travel to the property boundary of the community location; or
18301832 901
18311833 (ii) within 200 feet of the proposed restaurant, measured in a straight line from the
18321834 902
18331835 nearest patron entrance of the proposed restaurant to the nearest property
18341836 903
18351837 boundary of the community location.
18361838 904
18371839 (3)(a) For an outlet or a restaurant that holds a license on May 9, 2017, and operates
18381840 905
18391841 under a previously approved variance to one or more proximity requirements in
18401842 906
18411843 effect before May 9, 2017, subject to the other provisions of this title, that outlet or
18421844 907
18431845 restaurant, or another outlet or restaurant with the same type of license as that outlet
18441846 908
18451847 or restaurant, may operate under the previously approved variance regardless of
18461848 909
18471849 whether:
18481850 910
18491851 (i) the outlet or restaurant changes ownership;
18501852 911
18511853 (ii) the property on which the outlet or restaurant is located changes ownership; or
1852-- 27 - S.B. 328 Enrolled Copy
18531854 912
18541855 (iii) there is a lapse in the use of the property as an outlet or a restaurant with the
1856+- 27 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
18551857 913
18561858 same type of license, unless during the lapse, the property is used for a different
18571859 914
18581860 purpose.
18591861 915
18601862 (b) An outlet or a restaurant that has continuously operated at a location since before
18611863 916
18621864 January 1, 2007, is considered to have a previously approved variance.
18631865 917
18641866 (4) An outlet or restaurant that holds a license on May 12, 2020, and operates in accordance
18651867 918
18661868 with the proximity requirements in effect at the time the commission issued the license
18671869 919
18681870 or operates under a previously approved variance described in Subsection (3), subject to
18691871 920
18701872 the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with
18711873 921
18721874 the same type of license as that outlet or restaurant may operate at the premises
18731875 922
18741876 regardless of whether:
18751877 923
18761878 (a) the outlet or restaurant changes ownership;
18771879 924
18781880 (b) the property on which the outlet or restaurant is located changes ownership; or
18791881 925
18801882 (c) there is a lapse of one year or less in the use of the property as an outlet or a
18811883 926
18821884 restaurant with the same type of license, unless during the lapse the property is used
18831885 927
18841886 for a different purpose.
18851887 928
18861888 (5)(a) If, after an outlet or a restaurant obtains a license under this title, a person
18871889 929
18881890 establishes a community location on a property that puts the outlet or restaurant in
18891891 930
18901892 violation of the proximity requirements in effect at the time the license is issued or a
18911893 931
18921894 previously approved variance described in Subsection (3), subject to the other
18931895 932
18941896 provisions of this title, that outlet or restaurant, or an outlet or a restaurant with the
18951897 933
18961898 same type of license as that outlet or restaurant, may operate at the premises
18971899 934
18981900 regardless of whether:
18991901 935
19001902 (i) the outlet or restaurant changes ownership;
19011903 936
19021904 (ii) the property on which the outlet or restaurant is located changes ownership; or
19031905 937
19041906 (iii) there is a lapse in the use of the property as an outlet or a restaurant with the
19051907 938
19061908 same type of license, unless during the lapse the property is used for a different
19071909 939
19081910 purpose.
19091911 940
19101912 (b) The provisions of this Subsection (5) apply regardless of when the outlet's or
19111913 941
19121914 restaurant's license is issued.
19131915 942
19141916 (6) The proximity requirements described in Subsection (2) do not apply[ ] :
19151917 943
19161918 (a) if the proposed outlet or proposed restaurant and the community location are located
19171919 944
19181920 within the boundaries of a designated project area zone[.] ; or
19191921 945
19201922 (b) if a local authority includes in the written consent of the local authority an
1921-- 28 - Enrolled Copy S.B. 328
19221923 946
19231924 acknowledgment and authorization of the outlet's or the restaurant's proximity to a
1925+- 28 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
19241926 947
1925-public park, including any connected trail system, if the public park and connected
1927+public park Ĥ→ , including any connected trail system ←Ĥ , if the Ĥ→ public ←Ĥ park Ĥ→
1928+947a
1929+and connected trail system ←Ĥ Ĥ→ [is] are ←Ĥ :
19261930 948
1927-trail system are:
1931+(i) at least Ĥ→ [15] 12 ←Ĥ acres in size;
19281932 949
1929-(i) at least 12 acres in size;
1933+(ii) on land the state owns; and
19301934 950
1931-(ii) on land the state owns; and
1935+(iii) managed by the Point of the Mountain State Land Authority created in Section
19321936 951
1933-(iii) managed by the Point of the Mountain State Land Authority created in Section
1937+11-59-201 Ĥ→ [.] . ←Ĥ
19341938 952
1935-11-59-201.
1939+(7) Nothing in this section prevents the commission from considering the proximity of an
19361940 953
1937-(7) Nothing in this section prevents the commission from considering the proximity of an
1941+educational, religious, and recreational facility, or any other relevant factor in reaching a
19381942 954
1939-educational, religious, and recreational facility, or any other relevant factor in reaching a
1943+decision on a proposed location of an outlet.
19401944 955
1941-decision on a proposed location of an outlet.
1945+Section 3. Section 32B-1-407 is amended to read:
19421946 956
1943-Section 3. Section 32B-1-407 is amended to read:
1947+32B-1-407 . Verification of proof of age by applicable licensees.
19441948 957
1945-32B-1-407 . Verification of proof of age by applicable licensees.
1949+(1) As used in this section, "applicable licensee" means:
19461950 958
1947-(1) As used in this section, "applicable licensee" means:
1951+(a) a dining club;
19481952 959
1949-(a) a dining club;
1953+(b) a bar;
19501954 960
1951-(b) a bar;
1955+(c) a tavern;
19521956 961
1953-(c) a tavern;
1957+(d) a full-service restaurant;
19541958 962
1955-(d) a full-service restaurant;
1959+(e) a limited-service restaurant;[ or]
19561960 963
1957-(e) a limited-service restaurant;[ or]
1961+(f) a beer-only restaurant[.] ; or
19581962 964
1959-(f) a beer-only restaurant[. ] ; or
1963+(g) [ ] an off-premise beer retailer selling, offering for sale, or furnishing beer as
19601964 965
1961-(g) an off-premise beer retailer selling, offering for sale, or furnishing beer as described
1965+described in Subsection 32B-7-202(8).
19621966 966
1963-in Subsection 32B-7-202(8).
1967+(2) Notwithstanding any other provision of this part, an applicable licensee shall require
19641968 967
1965-(2) Notwithstanding any other provision of this part, an applicable licensee shall require
1969+that an authorized person for the applicable licensee verify proof of age as provided in
19661970 968
1967-that an authorized person for the applicable licensee verify proof of age as provided in
1971+this section.
19681972 969
1969-this section.
1973+(3) An authorized person is required to verify proof of age under this section before an
19701974 970
1971-(3) An authorized person is required to verify proof of age under this section before an
1975+individual who appears to be 35 years of age or younger:
19721976 971
1973-individual who appears to be 35 years of age or younger:
1977+(a) gains admittance to the premises of a bar licensee or tavern;
19741978 972
1975-(a) gains admittance to the premises of a bar licensee or tavern;
1979+(b) procures an alcoholic product on the premises of a dining club licensee; or
19761980 973
1977-(b) procures an alcoholic product on the premises of a dining club licensee; or
1981+(c) procures an alcoholic product in a dispensing area in the premises of a full-service
19781982 974
1979-(c) procures an alcoholic product in a dispensing area in the premises of a full-service
1983+restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant
19801984 975
1981-restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant
1985+licensee.
19821986 976
1983-licensee.
1987+(4) To comply with Subsection (3), an authorized person shall:
19841988 977
1985-(4) To comply with Subsection (3), an authorized person shall:
1989+(a) request the individual present proof of age; and
19861990 978
1987-(a) request the individual present proof of age; and
1991+(b)(i) verify the validity of the proof of age electronically under the verification
19881992 979
1989-(b)(i) verify the validity of the proof of age electronically under the verification
1990-- 29 - S.B. 328 Enrolled Copy
1993+program created in Subsection (5); or
1994+- 29 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
19911995 980
1992-program created in Subsection (5); or
1996+(ii) if the proof of age cannot be electronically verified as provided in Subsection
19931997 981
1994-(ii) if the proof of age cannot be electronically verified as provided in Subsection
1998+(4)(b)(i), request that the individual comply with a process established by the
19951999 982
1996-(4)(b)(i), request that the individual comply with a process established by the
2000+commission by rule.
19972001 983
1998-commission by rule.
2002+(5) The commission shall establish by rule an electronic verification program that includes
19992003 984
2000-(5) The commission shall establish by rule an electronic verification program that includes
2004+the following:
20012005 985
2002-the following:
2006+(a) the specifications for the technology used by the applicable licensee to electronically
20032007 986
2004-(a) the specifications for the technology used by the applicable licensee to electronically
2008+verify proof of age, including that the technology display to the person described in
20052009 987
2006-verify proof of age, including that the technology display to the person described in
2010+Subsection (2) no more than the following for the individual who presents the proof
20072011 988
2008-Subsection (2) no more than the following for the individual who presents the proof
2012+of age:
20092013 989
2010-of age:
2014+(i) the name;
20112015 990
2012-(i) the name;
2016+(ii) the age;
20132017 991
2014-(ii) the age;
2018+(iii) the number assigned to the individual's proof of age by the issuing authority;
20152019 992
2016-(iii) the number assigned to the individual's proof of age by the issuing authority;
2020+(iv) the birth date;
20172021 993
2018-(iv) the birth date;
2022+(v) the gender; and
20192023 994
2020-(v) the gender; and
2024+(vi) the status and expiration date of the individual's proof of age; and
20212025 995
2022-(vi) the status and expiration date of the individual's proof of age; and
2026+(b) the security measures that shall be used by an applicable licensee to ensure that
20232027 996
2024-(b) the security measures that shall be used by an applicable licensee to ensure that
2028+information obtained under this section is:
20252029 997
2026-information obtained under this section is:
2030+(i) used by the applicable licensee only for purposes of verifying proof of age in
20272031 998
2028-(i) used by the applicable licensee only for purposes of verifying proof of age in
2032+accordance with this section; and
20292033 999
2030-accordance with this section; and
2034+(ii) retained by the applicable licensee for seven days after the day on which the
20312035 1000
2032-(ii) retained by the applicable licensee for seven days after the day on which the
2036+applicable licensee obtains the information.
20332037 1001
2034-applicable licensee obtains the information.
2038+(6)(a) An applicable licensee may not disclose information obtained under this section
20352039 1002
2036-(6)(a) An applicable licensee may not disclose information obtained under this section
2040+except as provided under this title.
20372041 1003
2038-except as provided under this title.
2042+(b) Information obtained under this section is considered a record for any purpose under
20392043 1004
2040-(b) Information obtained under this section is considered a record for any purpose under
2044+Chapter 5, Part 3, Retail Licensee Operational Requirements.
20412045 1005
2042-Chapter 5, Part 3, Retail Licensee Operational Requirements.
2046+Section 4. Section 32B-1-603.5 is amended to read:
20432047 1006
2044-Section 4. Section 32B-1-603.5 is amended to read:
2048+32B-1-603.5 . Requirements for beer flavorings -- Procedure for approval --
20452049 1007
2046-32B-1-603.5 . Requirements for beer flavorings -- Procedure for approval --
2050+Department review.
20472051 1008
2048-Department review.
2052+(1) A manufacturer of a beer that contains a propylene glycol-, ethyl alcohol-, or
20492053 1009
2050-(1) A manufacturer of a beer that contains a propylene glycol-, ethyl alcohol-, or
2054+ethanol-based flavoring agent as described in Subsection [32B-1-102(11)(b)(iii)]
20512055 1010
2052-ethanol-based flavoring agent as described in Subsection [32B-1-102(11)(b)(iii)]
2056+32B-1-102(12)(b)(iii) may not sell or distribute the beer in the state unless the
20532057 1011
2054-32B-1-102(12)(b)(iii) may not sell or distribute the beer in the state unless the
2058+manufacturer obtains:
20552059 1012
2056-manufacturer obtains:
2060+(a) the department's approval to sell or distribute the beer under this section; and
20572061 1013
2058-(a) the department's approval to sell or distribute the beer under this section; and
2059-- 30 - Enrolled Copy S.B. 328
2062+(b) the department's approval of the label and packaging of the beer under Sections
2063+- 30 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
20602064 1014
2061-(b) the department's approval of the label and packaging of the beer under Sections
2065+32B-1-604 through 32B-1-606.
20622066 1015
2063-32B-1-604 through 32B-1-606.
2067+(2)(a) To obtain approval to sell or distribute a beer that contains a propylene glycol-,
20642068 1016
2065-(2)(a) To obtain approval to sell or distribute a beer that contains a propylene glycol-,
2069+ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection [
20662070 1017
2067-ethyl alcohol-, or ethanol-based flavoring agent as described in Subsection [
2071+32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii), the manufacturer of the beer shall
20682072 1018
2069-32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii), the manufacturer of the beer shall
2073+submit an application to the department for approval.
20702074 1019
2071-submit an application to the department for approval.
2075+(b) The application shall require:
20722076 1020
2073-(b) The application shall require:
2077+(i) a copy of:
20742078 1021
2075-(i) a copy of:
2079+(A) the statement of process and formula filed with the federal Alcohol and
20762080 1022
2077-(A) the statement of process and formula filed with the federal Alcohol and
2081+Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 for the beer; and
20782082 1023
2079-Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 for the beer; and
2083+(B) the formula approval from the federal Alcohol and Tobacco Tax and Trade
20802084 1024
2081-(B) the formula approval from the federal Alcohol and Tobacco Tax and Trade
2085+Bureau for the beer;
20822086 1025
2083-Bureau for the beer;
2087+(ii) a complete list of each propylene glycol-, ethyl alcohol-, or ethanol-based
20842088 1026
2085-(ii) a complete list of each propylene glycol-, ethyl alcohol-, or ethanol-based
2089+flavoring agent in the beer;
20862090 1027
2087-flavoring agent in the beer;
2091+(iii) a description of the total amount of alcohol each propylene glycol-, ethyl
20882092 1028
2089-(iii) a description of the total amount of alcohol each propylene glycol-, ethyl
2093+alcohol-, or ethanol-based flavoring agent contributes to the beer; and
20902094 1029
2091-alcohol-, or ethanol-based flavoring agent contributes to the beer; and
2095+(iv) other information required by the department to determine whether the beer
20922096 1030
2093-(iv) other information required by the department to determine whether the beer
2097+complies with Subsection [32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii).
20942098 1031
2095-complies with Subsection [32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii).
2099+(3) The department may:
20962100 1032
2097-(3) The department may:
2101+(a) assess a fee established under Section 63J-1-504 for reviewing an application for
20982102 1033
2099-(a) assess a fee established under Section 63J-1-504 for reviewing an application for
2103+approval under this section; and
21002104 1034
2101-approval under this section; and
2105+(b) approve a manufacturer's application to sell or distribute a beer that contains a
21022106 1035
2103-(b) approve a manufacturer's application to sell or distribute a beer that contains a
2107+propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent after determining
21042108 1036
2105-propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent after determining
2109+that the beer complies with Subsection [32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii).
21062110 1037
2107-that the beer complies with Subsection [32B-1-102(11)(b)(iii)] 32B-1-102(12)(b)(iii).
2111+(4) If a manufacturer of a beer revises the formula for the beer that the department approved
21082112 1038
2109-(4) If a manufacturer of a beer revises the formula for the beer that the department approved
2113+for sale or distribution, the manufacturer shall obtain the department's approval for the
21102114 1039
2111-for sale or distribution, the manufacturer shall obtain the department's approval for the
2115+revised formula before selling or distributing the beer.
21122116 1040
2113-revised formula before selling or distributing the beer.
2117+(5)(a) The department may revoke a previous approval under this section upon
21142118 1041
2115-(5)(a) The department may revoke a previous approval under this section upon
2119+determining that the beer is not in compliance with this title or the rules of the
21162120 1042
2117-determining that the beer is not in compliance with this title or the rules of the
2121+commission.
21182122 1043
2119-commission.
2123+(b) The department shall notify the manufacturer that applied for an approval under this
21202124 1044
2121-(b) The department shall notify the manufacturer that applied for an approval under this
2125+section at least 30 business days before the day on which the approval is revoked.
21222126 1045
2123-section at least 30 business days before the day on which the approval is revoked.
2127+(c) Within 20 business days after the day on which a manufacturer receives the notice
21242128 1046
2125-(c) Within 20 business days after the day on which a manufacturer receives the notice
2129+under Subsection (5)(b), the manufacturer may present a written argument or
21262130 1047
2127-under Subsection (5)(b), the manufacturer may present a written argument or
2128-- 31 - S.B. 328 Enrolled Copy
2131+evidence to the department regarding why the revocation should not occur.
2132+- 31 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
21292133 1048
2130-evidence to the department regarding why the revocation should not occur.
2134+(6)(a) A manufacturer that applies for approval under this section may appeal a denial or
21312135 1049
2132-(6)(a) A manufacturer that applies for approval under this section may appeal a denial or
2136+revocation of the approval to the commission.
21332137 1050
2134-revocation of the approval to the commission.
2138+(b) During the period in which a manufacturer appeals a denial or revocation to the
21352139 1051
2136-(b) During the period in which a manufacturer appeals a denial or revocation to the
2140+commission under Subsection (6)(a), the denial or revocation remains in force.
21372141 1052
2138-commission under Subsection (6)(a), the denial or revocation remains in force.
2142+Section 5. Section 32B-1-607 is amended to read:
21392143 1053
2140-Section 5. Section 32B-1-607 is amended to read:
2144+32B-1-607 . Rulemaking authority.
21412145 1054
2142-32B-1-607 . Rulemaking authority.
2146+(1) The commission may adopt rules necessary to implement this part.
21432147 1055
2144-(1) The commission may adopt rules necessary to implement this part.
2148+(2) Notwithstanding Subsections [32B-1-102(12)] 32B-1-102(13) and [(51)] (52), in
21452149 1056
2146-(2) Notwithstanding Subsections [32B-1-102(12)] 32B-1-102(13) and [(51)] (52), in
2150+accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
21472151 1057
2148-accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2152+commission may make rules that allow for a tolerance in the alcohol content of beer or
21492153 1058
2150-commission may make rules that allow for a tolerance in the alcohol content of beer or
2154+heavy beer as follows:
21512155 1059
2152-heavy beer as follows:
2156+(a) up to 0.18% above or below when measured by volume; or
21532157 1060
2154-(a) up to 0.18% above or below when measured by volume; or
2158+(b) up to 0.15% above or below when measured by weight.
21552159 1061
2156-(b) up to 0.15% above or below when measured by weight.
2160+Section 6. Section 32B-5-201 is amended to read:
21572161 1062
2158-Section 6. Section 32B-5-201 is amended to read:
2162+32B-5-201 . Application requirements for retail license.
21592163 1063
2160-32B-5-201 . Application requirements for retail license.
2164+(1)(a) Before a person may store, sell, offer for sale, furnish, or permit consumption of
21612165 1064
2162-(1)(a) Before a person may store, sell, offer for sale, furnish, or permit consumption of
2166+an alcoholic product on licensed premises as a retail licensee, the person shall first
21632167 1065
2164-an alcoholic product on licensed premises as a retail licensee, the person shall first
2168+obtain a retail license issued by the commission, notwithstanding whether the person
21652169 1066
2166-obtain a retail license issued by the commission, notwithstanding whether the person
2170+holds a local license or a permit issued by a local authority.
21672171 1067
2168-holds a local license or a permit issued by a local authority.
2172+(b) Violation of this Subsection (1) is a class B misdemeanor.
21692173 1068
2170-(b) Violation of this Subsection (1) is a class B misdemeanor.
2174+(2) To obtain a retail license under this title, a person shall submit to the department:
21712175 1069
2172-(2) To obtain a retail license under this title, a person shall submit to the department:
2176+(a) a written application in a form prescribed by the department;
21732177 1070
2174-(a) a written application in a form prescribed by the department;
2178+(b) a nonrefundable application fee in the amount specified in the relevant chapter or
21752179 1071
2176-(b) a nonrefundable application fee in the amount specified in the relevant chapter or
2180+part for the type of retail license for which the person is applying;
21772181 1072
2178-part for the type of retail license for which the person is applying;
2182+(c) an initial license fee:
21792183 1073
2180-(c) an initial license fee:
2184+(i) in the amount specified in the relevant chapter or part for the type of retail license
21812185 1074
2182-(i) in the amount specified in the relevant chapter or part for the type of retail license
2186+for which the person is applying; and
21832187 1075
2184-for which the person is applying; and
2188+(ii) that is refundable if a retail license is not issued;
21852189 1076
2186-(ii) that is refundable if a retail license is not issued;
2190+(d) written consent of the local authority, including, if applicable, consent for each
21872191 1077
2188-(d) written consent of the local authority, including, if applicable, consent for each
2192+proposed sublicense;
21892193 1078
2190-proposed sublicense;
2194+(e) a copy of:
21912195 1079
2192-(e) a copy of:
2196+(i) every license the local authority requires, including the person's current business
21932197 1080
2194-(i) every license the local authority requires, including the person's current business
2198+license; and
21952199 1081
2196-license; and
2197-- 32 - Enrolled Copy S.B. 328
2200+(ii) if the person is applying for a principal license, the current business license for
2201+- 32 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
21982202 1082
2199-(ii) if the person is applying for a principal license, the current business license for
2203+each proposed sublicense, except if the local authority determines that the
22002204 1083
2201-each proposed sublicense, except if the local authority determines that the
2205+business license for a proposed sublicense is included in the person's current
22022206 1084
2203-business license for a proposed sublicense is included in the person's current
2207+business license;
22042208 1085
2205-business license;
2209+(f) evidence of the proposed retail licensee's proximity to any community location, with
22062210 1086
2207-(f) evidence of the proposed retail licensee's proximity to any community location, with
2211+proximity requirements being governed by Section 32B-1-202;
22082212 1087
2209-proximity requirements being governed by Section 32B-1-202;
2213+(g) a bond as specified by Section 32B-5-204;
22102214 1088
2211-(g) a bond as specified by Section 32B-5-204;
2215+(h) a floor plan, and boundary map where applicable, of the premises of the retail license
22122216 1089
2213-(h) a floor plan, and boundary map where applicable, of the premises of the retail license
2217+and each, if any, accompanying sublicense, including any:
22142218 1090
2215-and each, if any, accompanying sublicense, including any:
2219+(i) consumption area; and
22162220 1091
2217-(i) consumption area; and
2221+(ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic
22182222 1092
2219-(ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic
2223+beverage;
22202224 1093
2221-beverage;
2225+(i) evidence that the retail licensee carries public liability insurance in an amount and
22222226 1094
2223-(i) evidence that the retail licensee carries public liability insurance in an amount and
2227+form satisfactory to the department;
22242228 1095
2225-form satisfactory to the department;
2229+(j) evidence that the retail licensee carries dramshop insurance coverage of at least:
22262230 1096
2227-(j) evidence that the retail licensee carries dramshop insurance coverage of at least:
2231+(i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
22282232 1097
2229-(i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
2233+(ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per
22302234 1098
2231-(ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per
2235+occurrence and $2,000,000 in the aggregate to cover both the principal license and
22322236 1099
2233-occurrence and $2,000,000 in the aggregate to cover both the principal license and
2237+all accompanying sublicenses; or
22342238 1100
2235-all accompanying sublicenses; or
2239+(iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and
22362240 1101
2237-(iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and
2241+$20,000,000 in the aggregate to cover both the arena license and all accompanying
22382242 1102
2239-$20,000,000 in the aggregate to cover both the arena license and all accompanying
2243+sublicenses;
22402244 1103
2245+(k) a signed consent form stating that the retail licensee will permit any authorized
2246+1104
2247+representative of the commission, department, or any law enforcement officer to have
2248+1105
2249+unrestricted right to enter:
2250+1106
2251+(i) the premises of the retail licensee; and
2252+1107
2253+(ii) if applicable, the premises of each of the retail licensee's accompanying
2254+1108
22412255 sublicenses;
2242-1104
2243-(k) a signed consent form stating that the retail licensee will permit any authorized
2244-1105
2245-representative of the commission, department, or any law enforcement officer to have
2246-1106
2247-unrestricted right to enter:
2248-1107
2249-(i) the premises of the retail licensee; and
2250-1108
2251-(ii) if applicable, the premises of each of the retail licensee's accompanying
22522256 1109
2253-sublicenses;
2257+(l) if the person is an entity, proper verification evidencing that a person who signs the
22542258 1110
2255-(l) if the person is an entity, proper verification evidencing that a person who signs the
2259+application is authorized to sign on behalf of the entity;
22562260 1111
2257-application is authorized to sign on behalf of the entity;
2261+(m) a responsible alcohol service plan;
22582262 1112
2259-(m) a responsible alcohol service plan;
2263+(n) evidence that each individual the person has hired to work as a retail manager, as
22602264 1113
2261-(n) evidence that each individual the person has hired to work as a retail manager, as
2265+defined in Section 32B-1-701, has completed the alcohol training and education
22622266 1114
2263-defined in Section 32B-1-701, has completed the alcohol training and education
2267+seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and
22642268 1115
2265-seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and
2266-- 33 - S.B. 328 Enrolled Copy
2269+(o) any other information the commission or department may require.
2270+- 33 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
22672271 1116
2268-(o) any other information the commission or department may require.
2272+(3) The commission may not issue a retail license to a person who:
22692273 1117
2270-(3) The commission may not issue a retail license to a person who:
2274+(a) is disqualified under Section 32B-1-304; or
22712275 1118
2272-(a) is disqualified under Section 32B-1-304; or
2276+(b) is not lawfully present in the United States.
22732277 1119
2274-(b) is not lawfully present in the United States.
2278+(4) Unless otherwise provided in the relevant chapter or part for the type of retail license for
22752279 1120
2276-(4) Unless otherwise provided in the relevant chapter or part for the type of retail license for
2280+which the person is applying, the commission may not issue a retail license to a person if
22772281 1121
2278-which the person is applying, the commission may not issue a retail license to a person if
2282+the proposed licensed premises does not meet the proximity requirements of Section
22792283 1122
2280-the proposed licensed premises does not meet the proximity requirements of Section
2284+32B-1-202.
22812285 1123
2282-32B-1-202.
2286+(5) [The] Subject to Subsection (6), the commission may not deny an application for a retail
22832287 1124
2284-(5) [The] Subject to Subsection (6), the commission may not deny an application for a retail
2288+license, an application for a conditional retail license under Section 32B-5-205, or an
22852289 1125
2286-license, an application for a conditional retail license under Section 32B-5-205, or an
2290+application for a sublicense under Chapter 8d, Sublicense Act, if:
22872291 1126
2288-application for a sublicense under Chapter 8d, Sublicense Act, if:
2292+(a) the applicant satisfies the requirements of this chapter and Chapter 6, Specific Retail
22892293 1127
2290-(a) the applicant satisfies the requirements of this chapter and Chapter 6, Specific Retail
2294+License Act; and
22912295 1128
2292-License Act; and
2296+(b) for a retail license or a conditional retail license, granting the retail license or the
22932297 1129
2294-(b) for a retail license or a conditional retail license, granting the retail license or the
2298+conditional retail license would not cause the commission to exceed the maximum
22952299 1130
2296-conditional retail license would not cause the commission to exceed the maximum
2300+number of licenses of that retail license type that the commission is authorized to
22972301 1131
2298-number of licenses of that retail license type that the commission is authorized to
2302+issue under this chapter.
22992303 1132
2300-issue under this chapter.
2304+(6)(a) The commission may deny an application for a retail license, an application for a
23012305 1133
2302-(6)(a) The commission may deny an application for a retail license, an application for a
2306+conditional retail license under Section 32B-5-205, or an application for a sublicense
23032307 1134
2304-conditional retail license under Section 32B-5-205, or an application for a sublicense
2308+under Chapter 8d, Sublicense Act, if the commission determines that the applicant's
23052309 1135
2306-under Chapter 8d, Sublicense Act, if the commission determines that the applicant's
2310+violation history warrants the denial.
23072311 1136
2308-violation history warrants the denial.
2312+(b) The commission, when making a determination under this Subsection (6), shall treat
23092313 1137
2310-(b) The commission, when making a determination under this Subsection (6), shall treat
2314+applicants with substantially similar violation histories consistently.
23112315 1138
2312-applicants with substantially similar violation histories consistently.
2316+Section 7. Section 32B-5-304 is amended to read:
23132317 1139
2314-Section 7. Section 32B-5-304 is amended to read:
2318+32B-5-304 . Portions in which alcoholic product may be sold.
23152319 1140
2316-32B-5-304 . Portions in which alcoholic product may be sold.
2320+(1)(a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a
23172321 1141
2318-(1)(a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a
2322+primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per
23192323 1142
2320-primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per
2324+beverage dispensed through a calibrated metered dispensing system approved by the
23212325 1143
2322-beverage dispensed through a calibrated metered dispensing system approved by the
2326+department in accordance with commission rules adopted under this title.
23232327 1144
2324-department in accordance with commission rules adopted under this title.
2328+(b) A retail license is not required to dispense spirituous liquor through a calibrated
23252329 1145
2326-(b) A retail license is not required to dispense spirituous liquor through a calibrated
2330+metered dispensing system if the spirituous liquor is:
23272331 1146
2328-metered dispensing system if the spirituous liquor is:
2332+(i) a secondary flavoring ingredient;
23292333 1147
2330-(i) a secondary flavoring ingredient;
2334+(ii) used as a flavoring on a dessert;
23312335 1148
2332-(ii) used as a flavoring on a dessert;
2336+(iii) used to set aflame a food dish, drink, or dessert;[ or]
23332337 1149
2334-(iii) used to set aflame a food dish, drink, or dessert;[ or]
2335-- 34 - Enrolled Copy S.B. 328
2338+(iv) in a beverage that:
2339+- 34 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
23362340 1150
2337-(iv) in a beverage that:
2341+(A) is served to a patron in the original, sealed container;
23382342 1151
2339-(A) is served to a patron in the original, sealed container;
2343+(B) is not more than 12 ounces;
23402344 1152
2345+(C) contains no more than 10% alcohol by volume or 8% by weight; and
2346+1153
2347+(D) is in a container that has the alcohol by volume percentage on the front label
2348+1154
2349+and in a font that measures at least three millimeters high[.] ; or
2350+1155
2351+(v) in a beverage that:
2352+1156
2353+(A) is served to a patron by pouring the beverage from the original sealed
2354+1157
2355+container, into a different container as required under Subsection
2356+1158
2357+32B-8d-104(5)(b);
2358+1159
23412359 (B) is not more than 12 ounces;
2342-1153
2360+1160
23432361 (C) contains no more than 10% alcohol by volume or 8% by weight; and
2344-1154
2345-(D) is in a container that has the alcohol by volume percentage on the front label
2346-1155
2347-and in a font that measures at least three millimeters high[.] ; or
2348-1156
2349-(v) in a beverage that:
2350-1157
2351-(A) is served to a patron by pouring the beverage from the original sealed
2352-1158
2353-container, into a different container as required under Subsection
2354-1159
2355-32B-8d-104(5)(b);
2356-1160
2357-(B) is not more than 12 ounces;
23582362 1161
2359-(C) contains no more than 10% alcohol by volume or 8% by weight; and
2363+(D) originates from a container that has the alcohol by volume percentage on the
23602364 1162
2361-(D) originates from a container that has the alcohol by volume percentage on the
2365+front label and in a font that measures at least three millimeters high.
23622366 1163
2363-front label and in a font that measures at least three millimeters high.
2367+(c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring
23642368 1164
2365-(c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring
2369+ingredient shall:
23662370 1165
2367-ingredient shall:
2371+(i) designate a location where the retail licensee stores secondary flavoring
23682372 1166
2369-(i) designate a location where the retail licensee stores secondary flavoring
2373+ingredients on the floor plan the retail licensee submits to the department; and
23702374 1167
2371-ingredients on the floor plan the retail licensee submits to the department; and
2375+(ii) clearly and conspicuously label each secondary flavoring ingredient's container
23722376 1168
2373-(ii) clearly and conspicuously label each secondary flavoring ingredient's container
2377+"flavorings".
23742378 1169
2375-"flavorings".
2379+(d)(i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.
23762380 1170
2377-(d)(i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.
2381+(ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection
23782382 1171
2379-(ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection
2383+(1)(b)(iv).
23802384 1172
2381-(1)(b)(iv).
2385+(2)(a)(i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an
23822386 1173
2383-(2)(a)(i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an
2387+individual portion that does not exceed 5 ounces per glass or individual portion.
23842388 1174
2385-individual portion that does not exceed 5 ounces per glass or individual portion.
2389+(ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine
23862390 1175
2387-(ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine
2391+to a patron in more than one glass if the total amount of wine does not exceed 5
23882392 1176
2389-to a patron in more than one glass if the total amount of wine does not exceed 5
2393+ounces.
23902394 1177
2391-ounces.
2395+(b)(i) A retail licensee may sell, offer for sale, or furnish wine in a container not
23922396 1178
2393-(b)(i) A retail licensee may sell, offer for sale, or furnish wine in a container not
2397+exceeding 1.5 liters at a price fixed by the commission to a table of four or more
23942398 1179
2395-exceeding 1.5 liters at a price fixed by the commission to a table of four or more
2399+persons.
23962400 1180
2397-persons.
2401+(ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to
23982402 1181
2399-(ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to
2403+exceed 750 milliliters at a price fixed by the commission to a table of less than
24002404 1182
2401-exceed 750 milliliters at a price fixed by the commission to a table of less than
2405+four persons.
24022406 1183
2403-four persons.
2404-- 35 - S.B. 328 Enrolled Copy
2407+(c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale,
2408+- 35 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
24052409 1184
2406-(c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale,
2410+or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed
24072411 1185
2408-or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed
2412+container not to exceed 16 ounces.
24092413 1186
2410-container not to exceed 16 ounces.
2414+(3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at
24112415 1187
2412-(3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at
2416+a price fixed by the commission, except that the original container may not exceed one
24132417 1188
2414-a price fixed by the commission, except that the original container may not exceed one
2418+liter.
24152419 1189
2416-liter.
2420+(4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an
24172421 1190
2418-(4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an
2422+original container at a price fixed by the commission, except that the original container
24192423 1191
2420-original container at a price fixed by the commission, except that the original container
2424+may not exceed one liter.
24212425 1192
2422-may not exceed one liter.
2426+(5)(a)(i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or
24232427 1193
2424-(5)(a)(i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or
2428+furnish beer for on-premise consumption:
24252429 1194
2426-furnish beer for on-premise consumption:
2430+(A) in an open original container; and
24272431 1195
2428-(A) in an open original container; and
2432+(B) in a container on draft.
24292433 1196
2430-(B) in a container on draft.
2434+(ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection
24312435 1197
2432-(ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection
2436+(5)(a)(i):
24332437 1198
2434-(5)(a)(i):
2438+(A) in a size of container that exceeds two liters; or
24352439 1199
2436-(A) in a size of container that exceeds two liters; or
2440+(B) to an individual patron in a size of container that exceeds one liter.
24372441 1200
2438-(B) to an individual patron in a size of container that exceeds one liter.
2442+(b) A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption:
24392443 1201
2440-(b) A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption:
2444+(i) in a sealed container; and
24412445 1202
2442-(i) in a sealed container; and
2446+(ii) in a size of container that does not exceed two liters.
24432447 1203
2444-(ii) in a size of container that does not exceed two liters.
2448+(c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual
24452449 1204
2446-(c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual
2450+patron if the total amount of beer does not exceed 16 ounces.
24472451 1205
2448-patron if the total amount of beer does not exceed 16 ounces.
2452+Section 8. Section 32B-5-307 is amended to read:
24492453 1206
2450-Section 8. Section 32B-5-307 is amended to read:
2454+32B-5-307 . Bringing alcoholic product onto or removing alcoholic product from
24512455 1207
2452-32B-5-307 . Bringing alcoholic product onto or removing alcoholic product from
2456+premises.
24532457 1208
2454-premises.
2458+(1) Except as provided in Subsections (3)[ and] , (4), and (6):
24552459 1209
2456-(1) Except as provided in Subsections (3)[ and] , (4), and (6):
2460+(a) [a person ] an individual may not bring onto the licensed premises of a retail licensee
24572461 1210
2458-(a) [a person ] an individual may not bring onto the licensed premises of a retail licensee
2462+an alcoholic product for on-premise consumption;
24592463 1211
2460-an alcoholic product for on-premise consumption;
2464+(b) a retail licensee may not allow a person to:
24612465 1212
2462-(b) a retail licensee may not allow a person to:
2466+(i) bring onto licensed premises an alcoholic product for on-premise consumption; or
24632467 1213
2464-(i) bring onto licensed premises an alcoholic product for on-premise consumption; or
2468+(ii) consume an alcoholic product brought onto the licensed premises by a person
24652469 1214
2466-(ii) consume an alcoholic product brought onto the licensed premises by a person
2470+other than the retail licensee; and
24672471 1215
2468-other than the retail licensee; and
2472+(c) a retail licensee may not sell, offer for sale, or furnish an alcoholic product through a
24692473 1216
2470-(c) a retail licensee may not sell, offer for sale, or furnish an alcoholic product through a
2474+window or door to a location off the licensed premises or to a vehicular traffic area.
24712475 1217
2472-window or door to a location off the licensed premises or to a vehicular traffic area.
2473-- 36 - Enrolled Copy S.B. 328
2476+(2) Except as provided in Subsections (3)[ and] , (4), and (6) and Subsection 32B-4-415(5):
2477+- 36 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
24742478 1218
2475-(2) Except as provided in Subsections (3)[ and] , (4), and (6) and Subsection 32B-4-415(5):
2479+(a) [a person ] an individual may not carry from the licensed premises of a retail licensee
24762480 1219
2477-(a) [a person ] an individual may not carry from the licensed premises of a retail licensee
2481+an open container that:
24782482 1220
2479-an open container that:
2483+(i) is used primarily for drinking purposes; and
24802484 1221
2481-(i) is used primarily for drinking purposes; and
2485+(ii) contains an alcoholic product;
24822486 1222
2483-(ii) contains an alcoholic product;
2487+(b) a retail licensee may not permit a patron to carry from the licensed premises an open
24842488 1223
2485-(b) a retail licensee may not permit a patron to carry from the licensed premises an open
2489+container described in Subsection (2)(a); and
24862490 1224
2487-container described in Subsection (2)(a); and
2491+(c)(i) [a person ] an individual may not carry from the licensed premises of a retail
24882492 1225
2489-(c)(i) [a person ] an individual may not carry from the licensed premises of a retail
2493+licensee a sealed container of liquor that has been purchased from the retail
24902494 1226
2491-licensee a sealed container of liquor that has been purchased from the retail
2495+licensee; and
24922496 1227
2493-licensee; and
2497+(ii) a retail licensee may not permit a patron to carry from the licensed premises of
24942498 1228
2495-(ii) a retail licensee may not permit a patron to carry from the licensed premises of
2499+the retail licensee a sealed container of liquor that has been purchased from the
24962500 1229
2497-the retail licensee a sealed container of liquor that has been purchased from the
2501+retail licensee.
24982502 1230
2499-retail licensee.
2503+(3)(a) A patron may bring a bottled wine onto the premises of a retail licensee for
25002504 1231
2501-(3)(a) A patron may bring a bottled wine onto the premises of a retail licensee for
2505+on-premise consumption if:
25022506 1232
2503-on-premise consumption if:
2507+(i) permitted by the retail licensee; and
25042508 1233
2505-(i) permitted by the retail licensee; and
2509+(ii) the retail licensee is authorized to sell, offer for sale, or furnish wine.
25062510 1234
2507-(ii) the retail licensee is authorized to sell, offer for sale, or furnish wine.
2511+(b) If a patron carries bottled wine onto the licensed premises of a retail licensee, the
25082512 1235
2509-(b) If a patron carries bottled wine onto the licensed premises of a retail licensee, the
2513+patron shall deliver the bottled wine to a server or other representative of the retail
25102514 1236
2511-patron shall deliver the bottled wine to a server or other representative of the retail
2515+licensee upon entering the licensed premises.
25122516 1237
2513-licensee upon entering the licensed premises.
2517+(c) A retail licensee authorized to sell, offer for sale, or furnish wine, may provide a
25142518 1238
2515-(c) A retail licensee authorized to sell, offer for sale, or furnish wine, may provide a
2519+wine service for a bottled wine carried onto the licensed premises in accordance with
25162520 1239
2517-wine service for a bottled wine carried onto the licensed premises in accordance with
2521+this Subsection (3) or a bottled wine purchased at the licensed premises.
25182522 1240
2519-this Subsection (3) or a bottled wine purchased at the licensed premises.
2523+(d) A patron may remove from a licensed premises the unconsumed contents of a bottle
25202524 1241
2521-(d) A patron may remove from a licensed premises the unconsumed contents of a bottle
2525+of wine purchased at the licensed premises, or brought onto the licensed premises in
25222526 1242
2523-of wine purchased at the licensed premises, or brought onto the licensed premises in
2527+accordance with this Subsection (3), only if before removal the bottle is recorked or
25242528 1243
2525-accordance with this Subsection (3), only if before removal the bottle is recorked or
2529+recapped.
25262530 1244
2527-recapped.
2531+(4) Neither a patron nor a retail licensee violates this section if:
25282532 1245
2529-(4) Neither a patron nor a retail licensee violates this section if:
2533+(a) the patron is in shared seating; and
25302534 1246
2531-(a) the patron is in shared seating; and
2535+(b) the patron purchased the patron's alcoholic beverage from a restaurant licensee
25322536 1247
2533-(b) the patron purchased the patron's alcoholic beverage from a restaurant licensee
2537+whose licensed premises include the shared seating area the patron is in.
25342538 1248
2535-whose licensed premises include the shared seating area the patron is in.
2539+(5)(a) A patron may carry from a retail licensee's licensed premises a sealed container of
25362540 1249
2537-(5)(a) A patron may carry from a retail licensee's licensed premises a sealed container of
2541+beer that has been purchased from the retail licensee.
25382542 1250
2539-beer that has been purchased from the retail licensee.
2543+(b) A retail licensee may permit a patron to carry from the retail licensee's licensed
25402544 1251
2541-(b) A retail licensee may permit a patron to carry from the retail licensee's licensed
2542-- 37 - S.B. 328 Enrolled Copy
2545+premises a sealed container of beer that has been purchased from the retail licensee.
2546+- 37 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
25432547 1252
2544-premises a sealed container of beer that has been purchased from the retail licensee.
2548+(6) A patron may transport beer between the licensed areas of a facility with both an
25452549 1253
2546-(6) A patron may transport beer between the licensed areas of a facility with both an
2550+on-premise beer retailer license and an on-premise banquet license if the patron
25472551 1254
2548-on-premise beer retailer license and an on-premise banquet license if the patron
2552+transports the beer to and from an area of each licensed premises:
25492553 1255
2550-transports the beer to and from an area of each licensed premises:
2554+(a) if the premises are contiguous; and
25512555 1256
2552-(a) if the premises are contiguous; and
2556+(b) where the consumption of beer is permitted.
25532557 1257
2554-(b) where the consumption of beer is permitted.
2558+Section 9. Section 32B-5-308 is amended to read:
25552559 1258
2556-Section 9. Section 32B-5-308 is amended to read:
2560+32B-5-308 . Requirements on staff or others on premises -- Employing a minor.
25572561 1259
2558-32B-5-308 . Requirements on staff or others on premises -- Employing a minor.
2562+(1) As used in this section, "straw test" means a technique used by staff of a retail licensee
25592563 1260
2560-(1) As used in this section, "straw test" means a technique used by staff of a retail licensee
2564+to taste liquor to ensure the quality, flavor, and alcohol content of the liquor by:
25612565 1261
2562-to taste liquor to ensure the quality, flavor, and alcohol content of the liquor by:
2566+(a) dipping the straw into the liquor;
25632567 1262
2564-(a) dipping the straw into the liquor;
2568+(b) removing the straw in a manner that a small amount of liquor remains in the straw;
25652569 1263
2566-(b) removing the straw in a manner that a small amount of liquor remains in the straw;
2570+and
25672571 1264
2572+(c) tasting the small amount of liquor from the straw.
2573+1265
2574+[(1)] (2) [Staff] Except as provided in Subsection (5), staff of a retail licensee, while on duty,
2575+1266
2576+may not:
2577+1267
2578+(a) consume an alcoholic product; or
2579+1268
2580+(b) be intoxicated.
2581+1269
2582+[(2)] (3)(a) A retail licensee may not employ a minor to sell, offer for sale, furnish, or
2583+1270
2584+dispense an alcoholic product.
2585+1271
2586+(b) Notwithstanding Subsection [(2)(a)] (3)(a), unless otherwise prohibited in the
2587+1272
2588+provisions related to the specific type of retail license, a retail licensee may employ a
2589+1273
2590+minor who is at least 16 years [of age] old to enter the sale at a cash register or other
2591+1274
2592+sales recording device.
2593+1275
2594+[(3)] (4) A full-service restaurant licensee, limited-service restaurant licensee, or beer-only
2595+1276
2596+restaurant licensee may employ a minor who is at least 16 years [of age] old to bus
2597+1277
2598+tables, including containers that contain an alcoholic product.
2599+1278
2600+(5) A staff member of a retail licensee may conduct a straw test if the staff member is not a
2601+1279
2602+minor.
2603+1280
2604+Section 10. Section 32B-6-403 is amended to read:
2605+1281
2606+32B-6-403 . Commission's power to issue bar establishment license.
2607+1282
2608+(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an
2609+1283
2610+alcoholic product on the person's premises as a bar establishment licensee, the person
2611+1284
2612+shall first obtain a bar establishment license from the commission in accordance with
2613+1285
2614+this part.
2615+- 38 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
2616+1286
2617+(2) The commission may issue a bar establishment license to establish bar establishment
2618+1287
2619+licensed premises at places and in numbers the commission considers proper for the
2620+1288
2621+storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on
2622+1289
2623+premises operated by a bar establishment licensee.
2624+1290
2625+(3) Subject to Section 32B-1-201:
2626+1291
2627+(a) the commission may not issue a total number of bar establishment licenses that at
2628+1292
2629+any time exceeds the sum of:
2630+1293
2631+(i) 15; and
2632+1294
2633+(ii) the number determined by dividing the population of the state by:
2634+1295
2635+(A) before fiscal July 1, 2024, 10,200;
2636+1296
2637+(B) in fiscal year 2025, 9,778;
2638+1297
2639+(C) in fiscal year 2026, 9,356;
2640+1298
2641+(D) in fiscal year 2027, 8,934;
2642+1299
2643+(E) in fiscal year 2028, 8,512;
2644+1300
2645+(F) in fiscal year 2029, 8,090;
2646+1301
2647+(G) in fiscal year 2030, 7,668; and
2648+1302
2649+(H) in fiscal year 2031, and in each fiscal year thereafter, 7,246;
2650+1303
2651+(b) the commission may issue a seasonal bar establishment license in accordance with
2652+1304
2653+Section 32B-5-206 to a bar licensee;
2654+1305
2655+(c) the commission may authorize as many as three bar establishment license locations
2656+1306
2657+within a hotel under one bar establishment license if:
2658+1307
2659+(i) the location, design, and construction of the hotel requires more than one bar
2660+1308
2661+license location within the hotel to serve the public convenience;
2662+1309
2663+(ii) the hotel has a minimum of 150 guest rooms;
2664+1310
2665+(iii) all locations under the bar establishment license are:
2666+1311
2667+(A) within the same hotel; and
2668+1312
2669+(B) on premises that are managed or operated, and owned or leased, by the bar
2670+1313
2671+establishment licensee;
2672+1314
2673+(d) the commission may authorize up to five dispensing locations under one equity
2674+1315
2675+license if the locations under the equity license:
2676+1316
2677+[(i) are connected by a private roadway to which the equity licensee, each member of
2678+1317
2679+the equity licensee, and each guest has a legal right of access; and]
2680+1318
2681+[(ii)] (i) are located on premises managed or operated, and owned or leased, by the
2682+1319
2683+equity licensee;
2684+- 39 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
2685+1320
2686+(ii) the locations are under the same leadership or management; and
2687+1321
2688+(iii) an individual who is a member of at least one location that the equity licensee
2689+1322
2690+operates has access to all locations the equity licensee operates;
2691+1323
2692+(e) except for a facility operating in accordance with Subsection (3)(d) or a hotel, a
2693+1324
2694+facility shall have a separate bar establishment license for each bar establishment
2695+1325
2696+license location where an alcoholic product is sold, offered for sale, or furnished;
2697+1326
2698+(f) when a business establishment undergoes a change of ownership, the commission
2699+1327
2700+may issue a bar establishment license to the new owner of the business establishment
2701+1328
2702+notwithstanding that there is no bar establishment license available under Subsection
2703+1329
2704+(3)(a) if:
2705+1330
2706+(i) the primary business activity at the business establishment before and after the
2707+1331
2708+change of ownership is not the sale, offer for sale, or furnishing of an alcoholic
2709+1332
2710+product;
2711+1333
2712+(ii) before the change of ownership there are two or more licensed premises on the
2713+1334
2714+business establishment that operate under a retail license, with at least one of the
2715+1335
2716+retail licenses being a bar establishment license;
2717+1336
2718+(iii) subject to Subsection (3)(g) the licensed premises of the bar establishment
2719+1337
2720+license issued under this Subsection (3)(f) is at the same location where the bar
2721+1338
2722+establishment license licensed premises was located before the change of
2723+1339
2724+ownership; and
2725+1340
2726+(iv) the person who is the new owner of the business establishment qualifies for the
2727+1341
2728+bar establishment license, except for there being no bar establishment license
2729+1342
2730+available under Subsection (3)(a); and
2731+1343
2732+(g) if a bar establishment licensee of a bar establishment license issued under Subsection
2733+1344
2734+(3)(f) requests a change of location, the bar establishment licensee may retain the bar
2735+1345
2736+establishment license after the change of location only if on the day on which the bar
2737+1346
2738+establishment licensee seeks a change of location a bar establishment license is
2739+1347
2740+available under Subsection (3)(a).
2741+1348
2742+Section 11. Section 32B-6-603 is amended to read:
2743+1349
2744+32B-6-603 . Commission's power to issue on-premise banquet license -- Contracts
2745+1350
2746+as host.
2747+1351
2748+(1)(a) Before a person may store, sell, offer for sale, furnish, or allow the consumption
2749+1352
2750+of an alcoholic product in connection with the person's banquet and room service
2751+1353
2752+activities at one of the following, the person shall first obtain an on-premise banquet
2753+- 40 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
2754+1354
2755+license in accordance with this part:
2756+1355
2757+(i) a hotel;
2758+1356
2759+(ii) a resort facility;
2760+1357
2761+(iii) a sports center;
2762+1358
2763+(iv) a convention center;
2764+1359
2765+(v) a performing arts facility;
2766+1360
2767+(vi) an arena;[ or]
2768+1361
2769+(vii) a restaurant venue[.] ; or
2770+1362
2771+(viii) an amphitheater.
2772+1363
2773+(b) This part does not prohibit an alcoholic product on the premises of a person listed in
2774+1364
2775+Subsection (1)(a) to the extent otherwise permitted by this title.
2776+1365
2777+(c) This section does not prohibit a person who applies for an on-premise banquet
2778+1366
2779+license to also apply for a package agency if otherwise qualified.
2780+1367
2781+(2) The commission may issue an on-premise banquet license to establish on-premise
2782+1368
2783+banquet licensees in the numbers the commission considers proper for the storage, sale,
2784+1369
2785+offer for sale, furnishing, and consumption of an alcoholic product at a banquet or as
2786+1370
2787+part of room service activities operated by an on-premise banquet licensee.
2788+1371
2789+(3) Subject to Section 32B-1-201, the commission:
2790+1372
2791+(a) may not issue a total number of restaurant venue on-premise banquet licenses that at
2792+1373
2793+any time exceeds 25; and
2794+1374
2795+(b) may not issue a total number of on-premise banquet licenses that at any time exceeds
2796+1375
2797+the number determined by dividing the population of the state by 28,765.
2798+1376
2799+(4) Pursuant to a contract between the host of a banquet and an on-premise banquet licensee:
2800+1377
2801+(a) the host of the banquet may request an on-premise banquet licensee to provide an
2802+1378
2803+alcoholic product served at the banquet; and
2804+1379
2805+(b) an on-premise banquet licensee may provide an alcoholic product served at the
2806+1380
2807+banquet.
2808+1381
2809+(5) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:
2810+1382
2811+(a) without charge to a patron at a banquet, except that the host of the banquet shall pay
2812+1383
2813+for an alcoholic product furnished at the banquet; or
2814+1384
2815+(b) with a charge to a patron at the banquet.
2816+1385
2817+(6) To be licensed as an on-premise banquet, a person shall maintain at least 50% of the
2818+1386
2819+person's total annual banquet gross receipts from the sale of food, which does not
2820+1387
2821+include:
2822+- 41 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
2823+1388
2824+(a) mix for an alcoholic product; or
2825+1389
2826+(b) a charge in connection with the furnishing of an alcoholic product.
2827+1390
2828+Section 12. Section 32B-6-604 is amended to read:
2829+1391
2830+32B-6-604 . Specific licensing requirements for an on-premise banquet license.
2831+1392
2832+(1) To obtain an on-premise banquet license a person shall comply with Chapter 5, Part 2,
2833+1393
2834+Retail Licensing Process.
2835+1394
2836+(2)(a) An on-premise banquet license expires on October 31 of each year.
2837+1395
2838+(b) To renew a person's on-premise banquet license, a person shall comply with the
2839+1396
2840+requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
2841+1397
2842+September 30.
2843+1398
2844+(3)(a) The nonrefundable application fee for an on-premise banquet license is $300.
2845+1399
2846+(b)(i) The initial license fee for an on-premise banquet license is $750.
2847+1400
2848+(ii) The department shall prorate the $750 initial license fee for the period that begins
2849+1401
2850+the day on which the initial license fee is paid and ends the day on which the
2851+1402
2852+on-premise banquet license expires.
2853+1403
2854+(c) The renewal fee for an on-premise banquet license is $750.
2855+1404
2856+(4) The bond amount required for an on-premise banquet license is the penal sum of
2857+1405
2858+$10,000.
2859+1406
2860+(5) Notwithstanding the other provisions of this part, if an applicant is a state agency or
2861+1407
2862+political subdivision of the state it is not required to:
2863+1408
2864+(a) pay an application fee, initial license fee, or renewal fee;
2865+1409
2866+(b) obtain the written consent of the local authority;
2867+1410
2868+(c) submit a copy of the applicant's current business license; or
2869+1411
2870+(d) post a bond as specified by Section 32B-5-204.
2871+1412
2872+(6) Notwithstanding Subsection 32B-5-303(3), the department may approve [an additional
2873+1413
2874+location] one or more additional locations in accordance with Subsection (7), in or on the
2875+1414
2876+licensed premises of an on-premise banquet licensee from which the on-premise banquet
2877+1415
2878+licensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic
2879+1416
2880+product that is not included in its original application only:
2881+1417
2882+(a) upon proper application by an on-premise banquet licensee; and
2883+1418
2884+(b) in accordance with guidelines approved by the commission.
2885+1419
2886+(7) The department may approve one or more additional locations under Subsection (6),
2887+1420
2888+whether or not the locations are contiguous to one another or to the location included in
2889+1421
2890+the original application for the on-premise banquet licensee.
2891+- 42 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
2892+1422
2893+Section 13. Section 32B-6-605 is amended to read:
2894+1423
2895+32B-6-605 . Specific operational requirements for on-premise banquet license.
2896+1424
2897+(1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2898+1425
2899+Requirements, an on-premise banquet licensee and staff of the on-premise banquet
2900+1426
2901+licensee shall comply with this section.
2902+1427
2903+(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2904+1428
2905+in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2906+1429
2907+(i) an on-premise banquet licensee;
2908+1430
2909+(ii) individual staff of an on-premise banquet licensee; or
2910+1431
2911+(iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
2912+1432
2913+(2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and (5)
2914+1433
2915+for the entire premises of the hotel, resort facility, sports center, convention center,
2916+1434
2917+performing arts facility, arena, [or ]restaurant venue, or ampitheater that is the basis for
2918+1435
2919+the on-premise banquet license.
2920+1436
2921+(3)(a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
2922+1437
2923+shall provide the department with advance notice of a scheduled banquet in
2924+1438
2925+accordance with rules made by the commission.
2926+1439
2927+(b) Any of the following may conduct a random inspection of a banquet:
2928+1440
2929+(i) an authorized representative of the commission or the department; or
2930+1441
2931+(ii) a law enforcement officer.
2932+1442
2933+(4)(a) An on-premise banquet licensee is not subject to Subsection 32B-5-302(1), but
2934+1443
2935+shall make and maintain the records described in Subsection 32B-5-302(2) and the
2936+1444
2937+records the commission or department requires.
2938+1445
2939+(b) Section 32B-1-205 applies to a record required to be made or maintained in
2940+1446
2941+accordance with this Subsection (4).
2942+1447
2943+(5)(a) Except as otherwise provided in this title, an on-premise banquet licensee may
2944+1448
2945+sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption
2946+1449
2947+at the location of the banquet.
2948+1450
2949+(b) Notwithstanding Section 32B-5-307 and except as otherwise provided in this title:
2950+1451
2951+(i) a person at a banquet other than the on-premise banquet licensee or staff of the
2952+1452
2953+on-premise banquet licensee, may not remove an alcoholic product from the
2954+1453
2955+premises of the banquet; and
2956+1454
2957+(ii) a patron at a banquet may not bring an alcoholic product into or onto the premises
2958+1455
2959+of the banquet.
2960+- 43 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
2961+1456
2962+(6)(a) An on-premise banquet licensee may not leave an unsold alcoholic product at the
2963+1457
2964+banquet following the conclusion of the banquet.
2965+1458
2966+(b) At the conclusion of a banquet, an on-premise banquet licensee shall:
2967+1459
2968+(i) destroy an opened and unused alcoholic product that is not saleable, under
2969+1460
2970+conditions established by the department; and
2971+1461
2972+(ii) return to the on-premise banquet licensee's approved locked storage area any:
2973+1462
2974+(A) opened and unused alcoholic product that is saleable; and
2975+1463
2976+(B) unopened container of an alcoholic product.
2977+1464
2978+(c) Except as provided in Subsection (6)(b) with regard to an open or sealed container of
2979+1465
2980+an alcoholic product not sold or consumed at a banquet, an on-premise banquet
2981+1466
2982+licensee:
2983+1467
2984+(i) shall store the alcoholic product in the on-premise banquet licensee's approved
2985+1468
2986+locked storage area; and
2987+1469
2988+(ii) may use the alcoholic product at more than one banquet.
2989+1470
2990+(7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not employ a
2991+1471
2992+minor to sell, furnish, or dispense an alcoholic product in connection with the
2993+1472
2994+on-premise banquet licensee's banquet and room service activities.
2995+1473
2996+(8) An on-premise banquet licensee:
2997+1474
2998+(a) may provide room service in portions described in Section 32B-5-304;
2999+1475
3000+(b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
3001+1476
3002+connection with room service any day during a period that:
3003+1477
3004+(i) begins at 1 a.m.; and
3005+1478
3006+(ii) ends at 9:59 a.m.; and
3007+1479
3008+(c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
3009+1480
3010+product free of charge per guest reservation, per guest room, if the alcoholic product:
3011+1481
3012+(i) is not a spirituous liquor; and
3013+1482
3014+(ii) is in an unopened container not to exceed 750 milliliters.
3015+1483
3016+(9)(a) Subject to the other provisions of this Subsection (9), a patron may not have more
3017+1484
3018+than two alcoholic products of any kind at a time before the patron.
3019+1485
3020+(b) A patron may not have more than one spirituous liquor drink at a time before the
3021+1486
3022+patron.
3023+1487
3024+(c) An individual portion of wine is considered to be one alcoholic product under
3025+1488
3026+Subsection (9)(a).
3027+1489
3028+(10)(a) An on-premise banquet licensee shall supervise and direct a person involved in
3029+- 44 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
3030+1490
3031+the sale, offer for sale, or furnishing of an alcoholic product.
3032+1491
3033+(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
3034+1492
3035+shall complete an alcohol training and education seminar.
3036+1493
3037+(11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
3038+1494
3039+times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
3040+1495
3041+banquet.
3042+1496
3043+(12)(a) Room service of an alcoholic product to a guest room or privately owned
3044+1497
3045+dwelling unit of a hotel or resort facility shall be provided in person by staff of an
3046+1498
3047+on-premise banquet licensee only to an adult guest in the guest room or privately
3048+1499
3049+owned dwelling unit.
3050+1500
3051+(b) An alcoholic product may not be left outside a guest room or privately owned
3052+1501
3053+dwelling unit for retrieval by a guest or resident.
3054+1502
3055+(13) An on-premise banquet licensee may not maintain a minibar.
3056+1503
3057+Section 14. Section 32B-6-702 is amended to read:
3058+1504
3059+32B-6-702 . Definitions.
3060+1505
3061+ As used in this part:
3062+1506
3063+(1) "Commission-approved activity" means a leisure activity that:
3064+1507
3065+(a) the commission approves by rule made in accordance with Title 63G, Chapter 3,
3066+1508
3067+Utah Administrative Rulemaking Act; and
3068+1509
3069+(b) does not involve the use of a dangerous weapon.
3070+1510
3071+(2)(a) "Recreational amenity" means:
3072+1511
3073+(i) a billiard parlor;
3074+1512
3075+(ii) a pool parlor;
3076+1513
3077+(iii) a bowling facility;
3078+1514
3079+(iv) a golf course;
3080+1515
3081+(v) miniature golf;
3082+1516
3083+(vi) a golf driving range;
3084+1517
3085+(vii) a tennis club;
3086+1518
3087+(viii) a sports facility that hosts professional sporting events and has a seating
3088+1519
3089+capacity equal to or greater than [5,000] 2,500;
3090+1520
3091+(ix) a concert venue that has a seating capacity equal to or greater than [5,000] 2,500;
3092+1521
3093+(x) one of the following if owned by a government agency:
3094+1522
3095+(A) a convention center;
3096+1523
3097+(B) a fair facility;
3098+- 45 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
3099+1524
3100+(C) an equestrian park;
3101+1525
3102+(D) a theater; or
3103+1526
3104+(E) a concert venue;
3105+1527
3106+(xi) an amusement park:
3107+1528
3108+(A) with one or more permanent amusement rides; and
3109+1529
3110+(B) located on at least 50 acres;
3111+1530
3112+(xii) a ski resort;
3113+1531
3114+(xiii) a venue for live entertainment if the venue:
3115+1532
3116+(A) is not regularly open for more than five hours on any day;
3117+1533
3118+(B) is operated so that food is available whenever beer is sold, offered for sale, or
3119+1534
3120+furnished at the venue; and
3121+1535
3122+(C) is operated so that no more than 15% of its total annual receipts are from the
3123+1536
3124+sale of beer;
3125+1537
3126+(xiv) concessions operated within the boundary of a park administered by the:
3127+1538
3128+(A) Division of State Parks; or
3129+1539
3130+(B) National Parks Service;
3131+1540
3132+(xv) a facility or venue that is a recreational amenity for a person licensed under this
3133+1541
3134+part before May 12, 2020;
3135+1542
3136+(xvi) a venue for karaoke; or
3137+1543
3138+(xvii) an enterprise developed around a commission-approved activity.
3139+1544
3140+(b) "Recreational amenity" does not include an item described in Subsection (2)(a), if
3141+1545
3142+the item is tangential to an enterprise or activity that is not included in Subsection
3143+1546
3144+(2)(a).
3145+1547
3146+Section 15. Section 32B-7-202 is amended to read:
3147+1548
3148+32B-7-202 . General operational requirements for off-premise beer retailer.
3149+1549
3150+(1)(a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply
3151+1550
3152+with the provisions of this title and any applicable rules made by the commission.
3153+1551
3154+(b) Failure to comply with this section may result in a suspension or revocation of a
3155+1552
3156+local license and, on or after July 1, 2018, disciplinary action in accordance with
3157+1553
3158+Chapter 3, Disciplinary Actions and Enforcement Act.
3159+1554
3160+(2)(a)(i) An off-premise beer retailer may not purchase, acquire, possess for the
3161+1555
3162+purpose of resale, or sell beer, except beer that the off-premise beer retailer
3163+1556
3164+lawfully purchases from:
3165+1557
3166+(A) a beer wholesaler licensee; or
3167+- 46 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
3168+1558
3169+(B) a small brewer that manufactures the beer.
3170+1559
3171+(ii) A violation of Subsection (2)(a) is a class A misdemeanor.
3172+1560
3173+(b)(i) If an off-premise beer retailer purchases beer under this Subsection (2) from a
3174+1561
3175+beer wholesaler licensee, the off-premise beer retailer shall purchase beer only
3176+1562
3177+from a beer wholesaler licensee who is designated by the manufacturer to sell beer
3178+1563
3179+in the geographical area in which the off-premise beer retailer is located, unless an
3180+1564
3181+alternate wholesaler is authorized by the department to sell to the off-premise beer
3182+1565
3183+retailer as provided in Section 32B-13-301.
3184+1566
3185+(ii) A violation of Subsection (2)(b) is a class B misdemeanor.
3186+1567
3187+(3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
3188+1568
3189+container larger than two liters.
3190+1569
3191+(4)(a) Staff of an off-premise beer retailer, while on duty, may not:
3192+1570
3193+(i) consume an alcoholic product; or
3194+1571
3195+(ii) be intoxicated.
3196+1572
3197+(b) A minor may not sell beer on the licensed premises of an off-premise beer retailer
3198+1573
3199+unless:
3200+1574
3201+(i) the sale is done under the supervision of a person 21 years old or older who is on
3202+1575
3203+the licensed premises; and
3204+1576
3205+(ii) the minor is at least 16 years old.
3206+1577
3207+(5) An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic product
3208+1578
3209+to:
3210+1579
3211+(a) a minor;
3212+1580
3213+(b) a person actually, apparently, or obviously intoxicated;
3214+1581
3215+(c) a known interdicted person; or
3216+1582
3217+(d) a known habitual drunkard.
3218+1583
3219+(6)(a) Subject to the other provisions of this Subsection (6), an off-premise beer retailer
3220+1584
3221+shall:
3222+1585
3223+(i) display all beer accessible by and visible to a patron in no more than two locations
3224+1586
3225+on the retail sales floor, each of which is:
3226+1587
3227+(A) a display cabinet, cooler, aisle, floor display, or room where beer is the only
3228+1588
3229+beverage displayed; and
3230+1589
3231+(B) not adjacent to a display of nonalcoholic beverages, unless the location is a
3232+1590
3233+cooler with a door from which the nonalcoholic beverages are not accessible,
3234+1591
3235+or the beer is separated from the display of nonalcoholic beverages by a display
3236+- 47 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
3237+1592
3238+of one or more nonbeverage products or another physical divider; and
3239+1593
3240+(ii) display a sign in the area described in Subsection (6)(a)(i) that:
3241+1594
3242+(A) is prominent;
3243+1595
3244+(B) is easily readable by a consumer;
3245+1596
3246+(C) meets the requirements for format established by the commission by rule; and
3247+1597
3248+(D) reads in print that is no smaller than .5 inches, bold type, "These beverages
3249+1598
3250+contain alcohol. Please read the label carefully."
3251+1599
3252+(b) Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer
3253+1600
3254+if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
3255+1601
3256+(c) The requirements of this Subsection (6) apply to beer notwithstanding that it is
3257+1602
3258+labeled, packaged, or advertised as:
3259+1603
3260+(i) a malt cooler; or
3261+1604
3262+(ii) a beverage that may provide energy.
3263+1605
3264+(d) A violation of this Subsection (6) is an infraction.
3265+1606
3266+(e)(i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection
3267+1607
3268+(6)(a)(i) apply on and after May 9, 2017.
3269+1608
3270+(ii) For a beer retailer that operates two or more off-premise beer retailers, the
3271+1609
3272+provisions of Subsection (6)(a)(i) apply on and after August 1, 2017.
3273+1610
3274+(7)(a) Staff of an off-premise beer retailer who directly supervises the sale of beer or
3275+1611
3276+who sells beer to a patron for consumption off the premises of the off-premise beer
3277+1612
3278+retailer shall wear a unique identification badge:
3279+1613
3280+(i) on the front of the staff's clothing;
3281+1614
3282+(ii) visible above the waist;
3283+1615
3284+(iii) bearing the staff's:
3285+1616
3286+(A) first or last name;
3287+1617
3288+(B) initials; or
3289+1618
3290+(C) unique identification in letters or numbers; and
3291+1619
3292+(iv) with the number or letters on the unique identification badge being sufficiently
3293+1620
3294+large to be clearly visible and identifiable while engaging in or directly
3295+1621
3296+supervising the retail sale of beer.
3297+1622
3298+(b) An off-premise beer retailer shall make and maintain a record of each current staff's
3299+1623
3300+unique identification badge assigned by the off-premise beer retailer that includes the
3301+1624
3302+staff's:
3303+1625
3304+(i) full name;
3305+- 48 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
3306+1626
3307+(ii) address; and
3308+1627
3309+(iii)(A) driver license number; or
3310+1628
3311+(B) similar identification number.
3312+1629
3313+(c) An off-premise beer retailer shall make available a record required to be made or
3314+1630
3315+maintained under this Subsection (7) for immediate inspection by:
3316+1631
3317+(i) a peace officer;
3318+1632
3319+(ii) a representative of the local authority that issues the off-premise beer retailer
3320+1633
3321+license; or
3322+1634
3323+(iii) for an off-premise beer retailer state license, a representative of the commission
3324+1635
3325+or department.
3326+1636
3327+(d) A local authority may impose a fine of up to $250 against an off-premise beer
3328+1637
3329+retailer that does not comply or require its staff to comply with this Subsection (7).
3330+1638
3331+[(8)(a) An off-premise beer retailer may sell, offer for sale, or furnish beer through a
3332+1639
3333+drive through window. ]
3334+1640
3335+[(b) Subsection (8)(a) does not modify the display limitations and requirements
3336+1641
3337+described in Subsection (6).]
3338+1642
3339+(8)(a) An off-premise beer retailer may sell, offer for sale, or furnish beer:
3340+1643
3341+(i) at a drive-through window;
3342+1644
3343+(ii) at a drive-up loading area, if the drive-up loading area is contiguous to the
3344+1645
3345+off-premise beer retailer's licensed premises; or
3346+1646
3347+(iii) subject to Subsection (8)(b), at a designated parking stall.
3348+1647
3349+(b)(i) An off-premise beer retailer shall ensure that a parking stall described in
3350+1648
3351+Subsection (8)(a)(iii) is:
3352+1649
3353+(A) located on property that the off-premise beer retailer owns or has a legal right
3354+1650
3355+to occupy;
3356+1651
3357+(B) designated for picking up pre-ordered items from the off-premise beer retailer;
3358+1652
25683359 and
2569-1265
2570-(c) tasting the small amount of liquor from the straw.
2571-1266
2572-[(1)] (2) [Staff] Except as provided in Subsection (5), staff of a retail licensee, while on duty,
2573-1267
2574-may not:
2575-1268
2576-(a) consume an alcoholic product; or
2577-1269
2578-(b) be intoxicated.
2579-1270
2580-[(2)] (3)(a) A retail licensee may not employ a minor to sell, offer for sale, furnish, or
2581-1271
2582-dispense an alcoholic product.
2583-1272
2584-(b) Notwithstanding Subsection [(2)(a)] (3)(a), unless otherwise prohibited in the
2585-1273
2586-provisions related to the specific type of retail license, a retail licensee may employ a
2587-1274
2588-minor who is at least 16 years [of age] old to enter the sale at a cash register or other
2589-1275
2590-sales recording device.
2591-1276
2592-[(3)] (4) A full-service restaurant licensee, limited-service restaurant licensee, or beer-only
2593-1277
2594-restaurant licensee may employ a minor who is at least 16 years [of age] old to bus
2595-1278
2596-tables, including containers that contain an alcoholic product.
2597-1279
2598-(5) A staff member of a retail licensee may conduct a straw test if the staff member is not a
2599-1280
2600-minor.
2601-1281
2602-Section 10. Section 32B-6-403 is amended to read:
2603-1282
2604-32B-6-403 . Commission's power to issue bar establishment license.
2605-1283
2606-(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an
2607-1284
2608-alcoholic product on the person's premises as a bar establishment licensee, the person
2609-1285
2610-shall first obtain a bar establishment license from the commission in accordance with
2611-- 38 - Enrolled Copy S.B. 328
2612-1286
2613-this part.
2614-1287
2615-(2) The commission may issue a bar establishment license to establish bar establishment
2616-1288
2617-licensed premises at places and in numbers the commission considers proper for the
2618-1289
2619-storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on
2620-1290
2621-premises operated by a bar establishment licensee.
2622-1291
2623-(3) Subject to Section 32B-1-201:
2624-1292
2625-(a) the commission may not issue a total number of bar establishment licenses that at
2626-1293
2627-any time exceeds the sum of:
2628-1294
2629-(i) 15; and
2630-1295
2631-(ii) the number determined by dividing the population of the state by:
2632-1296
2633-(A) before fiscal July 1, 2024, 10,200;
2634-1297
2635-(B) in fiscal year 2025, 9,778;
2636-1298
2637-(C) in fiscal year 2026, 9,356;
2638-1299
2639-(D) in fiscal year 2027, 8,934;
2640-1300
2641-(E) in fiscal year 2028, 8,512;
2642-1301
2643-(F) in fiscal year 2029, 8,090;
2644-1302
2645-(G) in fiscal year 2030, 7,668; and
2646-1303
2647-(H) in fiscal year 2031, and in each fiscal year thereafter, 7,246;
2648-1304
2649-(b) the commission may issue a seasonal bar establishment license in accordance with
2650-1305
2651-Section 32B-5-206 to a bar licensee;
2652-1306
2653-(c) the commission may authorize as many as three bar establishment license locations
2654-1307
2655-within a hotel under one bar establishment license if:
2656-1308
2657-(i) the location, design, and construction of the hotel requires more than one bar
2658-1309
2659-license location within the hotel to serve the public convenience;
2660-1310
2661-(ii) the hotel has a minimum of 150 guest rooms;
2662-1311
2663-(iii) all locations under the bar establishment license are:
2664-1312
2665-(A) within the same hotel; and
2666-1313
2667-(B) on premises that are managed or operated, and owned or leased, by the bar
2668-1314
2669-establishment licensee;
2670-1315
2671-(d) the commission may authorize up to five dispensing locations under one equity
2672-1316
2673-license if the locations under the equity license:
2674-1317
2675-[(i) are connected by a private roadway to which the equity licensee, each member of
2676-1318
2677-the equity licensee, and each guest has a legal right of access; and]
2678-1319
2679-[(ii)] (i) are located on premises managed or operated, and owned or leased, by the
2680-- 39 - S.B. 328 Enrolled Copy
2681-1320
2682-equity licensee;
2683-1321
2684-(ii) the locations are under the same leadership or management; and
2685-1322
2686-(iii) an individual who is a member of at least one location that the equity licensee
2687-1323
2688-operates has access to all locations the equity licensee operates;
2689-1324
2690-(e) except for a facility operating in accordance with Subsection (3)(d) or a hotel, a
2691-1325
2692-facility shall have a separate bar establishment license for each bar establishment
2693-1326
2694-license location where an alcoholic product is sold, offered for sale, or furnished;
2695-1327
2696-(f) when a business establishment undergoes a change of ownership, the commission
2697-1328
2698-may issue a bar establishment license to the new owner of the business establishment
2699-1329
2700-notwithstanding that there is no bar establishment license available under Subsection
2701-1330
2702-(3)(a) if:
2703-1331
2704-(i) the primary business activity at the business establishment before and after the
2705-1332
2706-change of ownership is not the sale, offer for sale, or furnishing of an alcoholic
2707-1333
2708-product;
2709-1334
2710-(ii) before the change of ownership there are two or more licensed premises on the
2711-1335
2712-business establishment that operate under a retail license, with at least one of the
2713-1336
2714-retail licenses being a bar establishment license;
2715-1337
2716-(iii) subject to Subsection (3)(g) the licensed premises of the bar establishment
2717-1338
2718-license issued under this Subsection (3)(f) is at the same location where the bar
2719-1339
2720-establishment license licensed premises was located before the change of
2721-1340
2722-ownership; and
2723-1341
2724-(iv) the person who is the new owner of the business establishment qualifies for the
2725-1342
2726-bar establishment license, except for there being no bar establishment license
2727-1343
2728-available under Subsection (3)(a); and
2729-1344
2730-(g) if a bar establishment licensee of a bar establishment license issued under Subsection
2731-1345
2732-(3)(f) requests a change of location, the bar establishment licensee may retain the bar
2733-1346
2734-establishment license after the change of location only if on the day on which the bar
2735-1347
2736-establishment licensee seeks a change of location a bar establishment license is
2737-1348
2738-available under Subsection (3)(a).
2739-1349
2740-Section 11. Section 32B-6-603 is amended to read:
2741-1350
2742-32B-6-603 . Commission's power to issue on-premise banquet license -- Contracts
2743-1351
2744-as host.
2745-1352
2746-(1)(a) Before a person may store, sell, offer for sale, furnish, or allow the consumption
2747-1353
2748-of an alcoholic product in connection with the person's banquet and room service
2749-- 40 - Enrolled Copy S.B. 328
2750-1354
2751-activities at one of the following, the person shall first obtain an on-premise banquet
2752-1355
2753-license in accordance with this part:
2754-1356
2755-(i) a hotel;
2756-1357
2757-(ii) a resort facility;
2758-1358
2759-(iii) a sports center;
2760-1359
2761-(iv) a convention center;
2762-1360
2763-(v) a performing arts facility;
2764-1361
2765-(vi) an arena;[ or]
2766-1362
2767-(vii) a restaurant venue[.] ; or
2768-1363
2769-(viii) an amphitheater.
2770-1364
2771-(b) This part does not prohibit an alcoholic product on the premises of a person listed in
2772-1365
2773-Subsection (1)(a) to the extent otherwise permitted by this title.
2774-1366
2775-(c) This section does not prohibit a person who applies for an on-premise banquet
2776-1367
2777-license to also apply for a package agency if otherwise qualified.
2778-1368
2779-(2) The commission may issue an on-premise banquet license to establish on-premise
2780-1369
2781-banquet licensees in the numbers the commission considers proper for the storage, sale,
2782-1370
2783-offer for sale, furnishing, and consumption of an alcoholic product at a banquet or as
2784-1371
2785-part of room service activities operated by an on-premise banquet licensee.
2786-1372
2787-(3) Subject to Section 32B-1-201, the commission:
2788-1373
2789-(a) may not issue a total number of restaurant venue on-premise banquet licenses that at
2790-1374
2791-any time exceeds 25; and
2792-1375
2793-(b) may not issue a total number of on-premise banquet licenses that at any time exceeds
2794-1376
2795-the number determined by dividing the population of the state by 28,765.
2796-1377
2797-(4) Pursuant to a contract between the host of a banquet and an on-premise banquet licensee:
2798-1378
2799-(a) the host of the banquet may request an on-premise banquet licensee to provide an
2800-1379
2801-alcoholic product served at the banquet; and
2802-1380
2803-(b) an on-premise banquet licensee may provide an alcoholic product served at the
2804-1381
2805-banquet.
2806-1382
2807-(5) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:
2808-1383
2809-(a) without charge to a patron at a banquet, except that the host of the banquet shall pay
2810-1384
2811-for an alcoholic product furnished at the banquet; or
2812-1385
2813-(b) with a charge to a patron at the banquet.
2814-1386
2815-(6) To be licensed as an on-premise banquet, a person shall maintain at least 50% of the
2816-1387
2817-person's total annual banquet gross receipts from the sale of food, which does not
2818-- 41 - S.B. 328 Enrolled Copy
2819-1388
2820-include:
2821-1389
2822-(a) mix for an alcoholic product; or
2823-1390
2824-(b) a charge in connection with the furnishing of an alcoholic product.
2825-1391
2826-Section 12. Section 32B-6-604 is amended to read:
2827-1392
2828-32B-6-604 . Specific licensing requirements for an on-premise banquet license.
2829-1393
2830-(1) To obtain an on-premise banquet license a person shall comply with Chapter 5, Part 2,
2831-1394
2832-Retail Licensing Process.
2833-1395
2834-(2)(a) An on-premise banquet license expires on October 31 of each year.
2835-1396
2836-(b) To renew a person's on-premise banquet license, a person shall comply with the
2837-1397
2838-requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than
2839-1398
2840-September 30.
2841-1399
2842-(3)(a) The nonrefundable application fee for an on-premise banquet license is $300.
2843-1400
2844-(b)(i) The initial license fee for an on-premise banquet license is $750.
2845-1401
2846-(ii) The department shall prorate the $750 initial license fee for the period that begins
2847-1402
2848-the day on which the initial license fee is paid and ends the day on which the
2849-1403
2850-on-premise banquet license expires.
2851-1404
2852-(c) The renewal fee for an on-premise banquet license is $750.
2853-1405
2854-(4) The bond amount required for an on-premise banquet license is the penal sum of
2855-1406
2856-$10,000.
2857-1407
2858-(5) Notwithstanding the other provisions of this part, if an applicant is a state agency or
2859-1408
2860-political subdivision of the state it is not required to:
2861-1409
2862-(a) pay an application fee, initial license fee, or renewal fee;
2863-1410
2864-(b) obtain the written consent of the local authority;
2865-1411
2866-(c) submit a copy of the applicant's current business license; or
2867-1412
2868-(d) post a bond as specified by Section 32B-5-204.
2869-1413
2870-(6) Notwithstanding Subsection 32B-5-303(3), the department may approve [an additional
2871-1414
2872-location] one or more additional locations in accordance with Subsection (7), in or on the
2873-1415
2874-licensed premises of an on-premise banquet licensee from which the on-premise banquet
2875-1416
2876-licensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic
2877-1417
2878-product that is not included in its original application only:
2879-1418
2880-(a) upon proper application by an on-premise banquet licensee; and
2881-1419
2882-(b) in accordance with guidelines approved by the commission.
2883-1420
2884-(7) The department may approve one or more additional locations under Subsection (6),
2885-1421
2886-whether or not the locations are contiguous to one another or to the location included in
2887-- 42 - Enrolled Copy S.B. 328
2888-1422
2889-the original application for the on-premise banquet licensee.
2890-1423
2891-Section 13. Section 32B-6-605 is amended to read:
2892-1424
2893-32B-6-605 . Specific operational requirements for on-premise banquet license.
2894-1425
2895-(1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
2896-1426
2897-Requirements, an on-premise banquet licensee and staff of the on-premise banquet
2898-1427
2899-licensee shall comply with this section.
2900-1428
2901-(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
2902-1429
2903-in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
2904-1430
2905-(i) an on-premise banquet licensee;
2906-1431
2907-(ii) individual staff of an on-premise banquet licensee; or
2908-1432
2909-(iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
2910-1433
2911-(2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and (5)
2912-1434
2913-for the entire premises of the hotel, resort facility, sports center, convention center,
2914-1435
2915-performing arts facility, arena, [or ]restaurant venue, or amphitheater that is the basis for
2916-1436
2917-the on-premise banquet license.
2918-1437
2919-(3)(a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee
2920-1438
2921-shall provide the department with advance notice of a scheduled banquet in
2922-1439
2923-accordance with rules made by the commission.
2924-1440
2925-(b) Any of the following may conduct a random inspection of a banquet:
2926-1441
2927-(i) an authorized representative of the commission or the department; or
2928-1442
2929-(ii) a law enforcement officer.
2930-1443
2931-(4)(a) An on-premise banquet licensee is not subject to Subsection 32B-5-302(1), but
2932-1444
2933-shall make and maintain the records described in Subsection 32B-5-302(2) and the
2934-1445
2935-records the commission or department requires.
2936-1446
2937-(b) Section 32B-1-205 applies to a record required to be made or maintained in
2938-1447
2939-accordance with this Subsection (4).
2940-1448
2941-(5)(a) Except as otherwise provided in this title, an on-premise banquet licensee may
2942-1449
2943-sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption
2944-1450
2945-at the location of the banquet.
2946-1451
2947-(b) Notwithstanding Section 32B-5-307 and except as otherwise provided in this title:
2948-1452
2949-(i) a person at a banquet other than the on-premise banquet licensee or staff of the
2950-1453
2951-on-premise banquet licensee, may not remove an alcoholic product from the
2952-1454
2953-premises of the banquet; and
2954-1455
2955-(ii) a patron at a banquet may not bring an alcoholic product into or onto the premises
2956-- 43 - S.B. 328 Enrolled Copy
2957-1456
2958-of the banquet.
2959-1457
2960-(6)(a) An on-premise banquet licensee may not leave an unsold alcoholic product at the
2961-1458
2962-banquet following the conclusion of the banquet.
2963-1459
2964-(b) At the conclusion of a banquet, an on-premise banquet licensee shall:
2965-1460
2966-(i) destroy an opened and unused alcoholic product that is not saleable, under
2967-1461
2968-conditions established by the department; and
2969-1462
2970-(ii) return to the on-premise banquet licensee's approved locked storage area any:
2971-1463
2972-(A) opened and unused alcoholic product that is saleable; and
2973-1464
2974-(B) unopened container of an alcoholic product.
2975-1465
2976-(c) Except as provided in Subsection (6)(b) with regard to an open or sealed container of
2977-1466
2978-an alcoholic product not sold or consumed at a banquet, an on-premise banquet
2979-1467
2980-licensee:
2981-1468
2982-(i) shall store the alcoholic product in the on-premise banquet licensee's approved
2983-1469
2984-locked storage area; and
2985-1470
2986-(ii) may use the alcoholic product at more than one banquet.
2987-1471
2988-(7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not employ a
2989-1472
2990-minor to sell, furnish, or dispense an alcoholic product in connection with the
2991-1473
2992-on-premise banquet licensee's banquet and room service activities.
2993-1474
2994-(8) An on-premise banquet licensee:
2995-1475
2996-(a) may provide room service in portions described in Section 32B-5-304;
2997-1476
2998-(b) may not sell, offer for sale, or furnish an alcoholic product at a banquet or in
2999-1477
3000-connection with room service any day during a period that:
3001-1478
3002-(i) begins at 1 a.m.; and
3003-1479
3004-(ii) ends at 9:59 a.m.; and
3005-1480
3006-(c) notwithstanding Section 32B-5-305, may provide as room service one alcoholic
3007-1481
3008-product free of charge per guest reservation, per guest room, if the alcoholic product:
3009-1482
3010-(i) is not a spirituous liquor; and
3011-1483
3012-(ii) is in an unopened container not to exceed 750 milliliters.
3013-1484
3014-(9)(a) Subject to the other provisions of this Subsection (9), a patron may not have more
3015-1485
3016-than two alcoholic products of any kind at a time before the patron.
3017-1486
3018-(b) A patron may not have more than one spirituous liquor drink at a time before the
3019-1487
3020-patron.
3021-1488
3022-(c) An individual portion of wine is considered to be one alcoholic product under
3023-1489
3024-Subsection (9)(a).
3025-- 44 - Enrolled Copy S.B. 328
3026-1490
3027-(10)(a) An on-premise banquet licensee shall supervise and direct a person involved in
3028-1491
3029-the sale, offer for sale, or furnishing of an alcoholic product.
3030-1492
3031-(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product
3032-1493
3033-shall complete an alcohol training and education seminar.
3034-1494
3035-(11) A staff person of an on-premise banquet licensee shall remain at the banquet at all
3036-1495
3037-times when an alcoholic product is sold, offered for sale, furnished, or consumed at the
3038-1496
3039-banquet.
3040-1497
3041-(12)(a) Room service of an alcoholic product to a guest room or privately owned
3042-1498
3043-dwelling unit of a hotel or resort facility shall be provided in person by staff of an
3044-1499
3045-on-premise banquet licensee only to an adult guest in the guest room or privately
3046-1500
3047-owned dwelling unit.
3048-1501
3049-(b) An alcoholic product may not be left outside a guest room or privately owned
3050-1502
3051-dwelling unit for retrieval by a guest or resident.
3052-1503
3053-(13) An on-premise banquet licensee may not maintain a minibar.
3054-1504
3055-Section 14. Section 32B-6-702 is amended to read:
3056-1505
3057-32B-6-702 . Definitions.
3058-1506
3059- As used in this part:
3060-1507
3061-(1) "Commission-approved activity" means a leisure activity that:
3062-1508
3063-(a) the commission approves by rule made in accordance with Title 63G, Chapter 3,
3064-1509
3065-Utah Administrative Rulemaking Act; and
3066-1510
3067-(b) does not involve the use of a dangerous weapon.
3068-1511
3069-(2)(a) "Recreational amenity" means:
3070-1512
3071-(i) a billiard parlor;
3072-1513
3073-(ii) a pool parlor;
3074-1514
3075-(iii) a bowling facility;
3076-1515
3077-(iv) a golf course;
3078-1516
3079-(v) miniature golf;
3080-1517
3081-(vi) a golf driving range;
3082-1518
3083-(vii) a tennis club;
3084-1519
3085-(viii) a sports facility that hosts professional sporting events and has a seating
3086-1520
3087-capacity equal to or greater than [5,000] 2,500;
3088-1521
3089-(ix) a concert venue that has a seating capacity equal to or greater than [5,000] 2,500;
3090-1522
3091-(x) one of the following if owned by a government agency:
3092-1523
3093-(A) a convention center;
3094-- 45 - S.B. 328 Enrolled Copy
3095-1524
3096-(B) a fair facility;
3097-1525
3098-(C) an equestrian park;
3099-1526
3100-(D) a theater; or
3101-1527
3102-(E) a concert venue;
3103-1528
3104-(xi) an amusement park:
3105-1529
3106-(A) with one or more permanent amusement rides; and
3107-1530
3108-(B) located on at least 50 acres;
3109-1531
3110-(xii) a ski resort;
3111-1532
3112-(xiii) a venue for live entertainment if the venue:
3113-1533
3114-(A) is not regularly open for more than five hours on any day;
3115-1534
3116-(B) is operated so that food is available whenever beer is sold, offered for sale, or
3117-1535
3118-furnished at the venue; and
3119-1536
3120-(C) is operated so that no more than 15% of its total annual receipts are from the
3121-1537
3122-sale of beer;
3123-1538
3124-(xiv) concessions operated within the boundary of a park administered by the:
3125-1539
3126-(A) Division of State Parks; or
3127-1540
3128-(B) National Parks Service;
3129-1541
3130-(xv) a facility or venue that is a recreational amenity for a person licensed under this
3131-1542
3132-part before May 12, 2020;
3133-1543
3134-(xvi) a venue for karaoke; or
3135-1544
3136-(xvii) an enterprise developed around a commission-approved activity.
3137-1545
3138-(b) "Recreational amenity" does not include an item described in Subsection (2)(a), if
3139-1546
3140-the item is tangential to an enterprise or activity that is not included in Subsection
3141-1547
3142-(2)(a).
3143-1548
3144-Section 15. Section 32B-7-202 is amended to read:
3145-1549
3146-32B-7-202 . General operational requirements for off-premise beer retailer.
3147-1550
3148-(1)(a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply
3149-1551
3150-with the provisions of this title and any applicable rules made by the commission.
3151-1552
3152-(b) Failure to comply with this section may result in a suspension or revocation of a
3153-1553
3154-local license and, on or after July 1, 2018, disciplinary action in accordance with
3155-1554
3156-Chapter 3, Disciplinary Actions and Enforcement Act.
3157-1555
3158-(2)(a)(i) An off-premise beer retailer may not purchase, acquire, possess for the
3159-1556
3160-purpose of resale, or sell beer, except beer that the off-premise beer retailer
3161-1557
3162-lawfully purchases from:
3163-- 46 - Enrolled Copy S.B. 328
3164-1558
3165-(A) a beer wholesaler licensee; or
3166-1559
3167-(B) a small brewer that manufactures the beer.
3168-1560
3169-(ii) A violation of Subsection (2)(a) is a class A misdemeanor.
3170-1561
3171-(b)(i) If an off-premise beer retailer purchases beer under this Subsection (2) from a
3172-1562
3173-beer wholesaler licensee, the off-premise beer retailer shall purchase beer only
3174-1563
3175-from a beer wholesaler licensee who is designated by the manufacturer to sell beer
3176-1564
3177-in the geographical area in which the off-premise beer retailer is located, unless an
3178-1565
3179-alternate wholesaler is authorized by the department to sell to the off-premise beer
3180-1566
3181-retailer as provided in Section 32B-13-301.
3182-1567
3183-(ii) A violation of Subsection (2)(b) is a class B misdemeanor.
3184-1568
3185-(3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
3186-1569
3187-container larger than two liters.
3188-1570
3189-(4)(a) Staff of an off-premise beer retailer, while on duty, may not:
3190-1571
3191-(i) consume an alcoholic product; or
3192-1572
3193-(ii) be intoxicated.
3194-1573
3195-(b) A minor may not sell beer on the licensed premises of an off-premise beer retailer
3196-1574
3197-unless:
3198-1575
3199-(i) the sale is done under the supervision of a person 21 years old or older who is on
3200-1576
3201-the licensed premises; and
3202-1577
3203-(ii) the minor is at least 16 years old.
3204-1578
3205-(5) An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic product
3206-1579
3207-to:
3208-1580
3209-(a) a minor;
3210-1581
3211-(b) a person actually, apparently, or obviously intoxicated;
3212-1582
3213-(c) a known interdicted person; or
3214-1583
3215-(d) a known habitual drunkard.
3216-1584
3217-(6)(a) Subject to the other provisions of this Subsection (6), an off-premise beer retailer
3218-1585
3219-shall:
3220-1586
3221-(i) display all beer accessible by and visible to a patron in no more than two locations
3222-1587
3223-on the retail sales floor, each of which is:
3224-1588
3225-(A) a display cabinet, cooler, aisle, floor display, or room where beer is the only
3226-1589
3227-beverage displayed; and
3228-1590
3229-(B) not adjacent to a display of nonalcoholic beverages, unless the location is a
3230-1591
3231-cooler with a door from which the nonalcoholic beverages are not accessible,
3232-- 47 - S.B. 328 Enrolled Copy
3233-1592
3234-or the beer is separated from the display of nonalcoholic beverages by a display
3235-1593
3236-of one or more nonbeverage products or another physical divider; and
3237-1594
3238-(ii) display a sign in the area described in Subsection (6)(a)(i) that:
3239-1595
3240-(A) is prominent;
3241-1596
3242-(B) is easily readable by a consumer;
3243-1597
3244-(C) meets the requirements for format established by the commission by rule; and
3245-1598
3246-(D) reads in print that is no smaller than .5 inches, bold type, "These beverages
3247-1599
3248-contain alcohol. Please read the label carefully."
3249-1600
3250-(b) Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer
3251-1601
3252-if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
3253-1602
3254-(c) The requirements of this Subsection (6) apply to beer notwithstanding that it is
3255-1603
3256-labeled, packaged, or advertised as:
3257-1604
3258-(i) a malt cooler; or
3259-1605
3260-(ii) a beverage that may provide energy.
3261-1606
3262-(d) A violation of this Subsection (6) is an infraction.
3263-1607
3264-(e)(i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection
3265-1608
3266-(6)(a)(i) apply on and after May 9, 2017.
3267-1609
3268-(ii) For a beer retailer that operates two or more off-premise beer retailers, the
3269-1610
3270-provisions of Subsection (6)(a)(i) apply on and after August 1, 2017.
3271-1611
3272-(7)(a) Staff of an off-premise beer retailer who directly supervises the sale of beer or
3273-1612
3274-who sells beer to a patron for consumption off the premises of the off-premise beer
3275-1613
3276-retailer shall wear a unique identification badge:
3277-1614
3278-(i) on the front of the staff's clothing;
3279-1615
3280-(ii) visible above the waist;
3281-1616
3282-(iii) bearing the staff's:
3283-1617
3284-(A) first or last name;
3285-1618
3286-(B) initials; or
3287-1619
3288-(C) unique identification in letters or numbers; and
3289-1620
3290-(iv) with the number or letters on the unique identification badge being sufficiently
3291-1621
3292-large to be clearly visible and identifiable while engaging in or directly
3293-1622
3294-supervising the retail sale of beer.
3295-1623
3296-(b) An off-premise beer retailer shall make and maintain a record of each current staff's
3297-1624
3298-unique identification badge assigned by the off-premise beer retailer that includes the
3299-1625
3300-staff's:
3301-- 48 - Enrolled Copy S.B. 328
3302-1626
3303-(i) full name;
3304-1627
3305-(ii) address; and
3306-1628
3307-(iii)(A) driver license number; or
3308-1629
3309-(B) similar identification number.
3310-1630
3311-(c) An off-premise beer retailer shall make available a record required to be made or
3312-1631
3313-maintained under this Subsection (7) for immediate inspection by:
3314-1632
3315-(i) a peace officer;
3316-1633
3317-(ii) a representative of the local authority that issues the off-premise beer retailer
3318-1634
3319-license; or
3320-1635
3321-(iii) for an off-premise beer retailer state license, a representative of the commission
3322-1636
3323-or department.
3324-1637
3325-(d) A local authority may impose a fine of up to $250 against an off-premise beer
3326-1638
3327-retailer that does not comply or require its staff to comply with this Subsection (7).
3328-1639
3329-[(8)(a) An off-premise beer retailer may sell, offer for sale, or furnish beer through a
3330-1640
3331-drive through window. ]
3332-1641
3333-[(b) Subsection (8)(a) does not modify the display limitations and requirements
3334-1642
3335-described in Subsection (6).]
3336-1643
3337-(8)(a) An off-premise beer retailer may sell, offer for sale, or furnish beer:
3338-1644
3339-(i) at a drive-through window;
3340-1645
3341-(ii) at a drive-up loading area, if the drive-up loading area is contiguous to the
3342-1646
3343-off-premise beer retailer's licensed premises; or
3344-1647
3345-(iii) subject to Subsection (8)(b), at a designated parking stall.
3346-1648
3347-(b)(i) An off-premise beer retailer shall ensure that a parking stall described in
3348-1649
3349-Subsection (8)(a)(iii) is:
3350-1650
3351-(A) located on property that the off-premise beer retailer owns or has a legal right
3352-1651
3353-to occupy;
3354-1652
3355-(B) designated for picking up pre-ordered items from the off-premise beer retailer;
33563360 1653
3357-and
3361+(C) labeled in a conspicuous manner that communicates the purpose described in
33583362 1654
3359-(C) labeled in a conspicuous manner that communicates the purpose described in
3363+Subsection (8)(b)(ii).
33603364 1655
3361-Subsection (8)(b)(ii).
3365+(ii) An off-premise beer retailer may not sell, offer for sale, or furnish beer at a
33623366 1656
3363-(ii) An off-premise beer retailer may not sell, offer for sale, or furnish beer at a
3367+designated parking stall described in Subsection (8)(a)(iii) unless:
33643368 1657
3365-designated parking stall described in Subsection (8)(a)(iii) unless:
3369+(A) the off-premise beer retailer ensures that the individual purchasing the beer
33663370 1658
3367-(A) the off-premise beer retailer ensures that the individual purchasing the beer
3371+purchases the beer before parking in the designated parking stall;
33683372 1659
3369-purchases the beer before parking in the designated parking stall;
3370-- 49 - S.B. 328 Enrolled Copy
3373+(B) the off-premise beer retailer delivers the beer directly from the off-premise
3374+- 49 - 6th Sub. (Cherry) S.B. 328 03-07 18:39
33713375 1660
3372-(B) the off-premise beer retailer delivers the beer directly from the off-premise
3376+beer retailer's licensed premises to the designated parking stall;
33733377 1661
3374-beer retailer's licensed premises to the designated parking stall;
3378+(C) at the designated parking stall, staff of the off-premise beer retailer verifies the
33753379 1662
3376-(C) at the designated parking stall, staff of the off-premise beer retailer verifies the
3380+purchaser's age in accordance with Section 32B-1-407; and
33773381 1663
3378-purchaser's age in accordance with Section 32B-1-407; and
3382+(D) the off-premise beer retailer maintains video surveillance of the designated
33793383 1664
3380-(D) the off-premise beer retailer maintains video surveillance of the designated
3384+parking stall.
33813385 1665
3382-parking stall.
3386+(c) Nothing in this Subsection (8) modifies the other requirements of this section.
33833387 1666
3384-(c) Nothing in this Subsection (8) modifies the other requirements of this section.
3388+(d) Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in
33853389 1667
3386-(d) Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in
3390+accordance with this Subsection (8) shall comply with the training requirements
33873391 1668
3388-accordance with this Subsection (8) shall comply with the training requirements
3392+described in Section 32B-1-703.
33893393 1669
3390-described in Section 32B-1-703.
3394+(9) An off-premise beer retailer may not on the licensed premises:
33913395 1670
3392-(9) An off-premise beer retailer may not on the licensed premises:
3396+(a) engage in or permit any form of:
33933397 1671
3394-(a) engage in or permit any form of:
3398+(i) gambling, as defined in Section 76-10-1101; or
33953399 1672
3396-(i) gambling, as defined in Section 76-10-1101; or
3400+(ii) fringe gambling, as defined in Section 76-10-1101;
33973401 1673
3398-(ii) fringe gambling, as defined in Section 76-10-1101;
3402+(b) have any fringe gaming device, video gaming device, or gambling device or record
33993403 1674
3400-(b) have any fringe gaming device, video gaming device, or gambling device or record
3404+as defined in Section 76-10-1101; or
34013405 1675
3402-as defined in Section 76-10-1101; or
3406+(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
34033407 1676
3404-(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
3408+the risking of something of value for a return or for an outcome when the return or
34053409 1677
3406-the risking of something of value for a return or for an outcome when the return or
3410+outcome is based upon an element of chance, excluding the playing of an amusement
34073411 1678
3408-outcome is based upon an element of chance, excluding the playing of an amusement
3412+device that confers only an immediate and unrecorded right of replay not
34093413 1679
3410-device that confers only an immediate and unrecorded right of replay not
3414+exchangeable for value.
34113415 1680
3412-exchangeable for value.
3416+(10) An off-premise beer retailer may not knowingly allow a person on the licensed
34133417 1681
3414-(10) An off-premise beer retailer may not knowingly allow a person on the licensed
3418+premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or
34153419 1682
3416-premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or
3420+Chapter 37a, Utah Drug Paraphernalia Act:
34173421 1683
3418-Chapter 37a, Utah Drug Paraphernalia Act:
3422+(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;
34193423 1684
3420-(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;
3424+or
34213425 1685
3422-or
3426+(b) use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
34233427 1686
3424-(b) use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
3428+Section 58-37a-3.
34253429 1687
3426-Section 58-37a-3.
3430+(11) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
34273431 1688
3428-(11) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
3432+intended to be frozen and consumed in a manner other than as a beverage, including beer
34293433 1689
3430-intended to be frozen and consumed in a manner other than as a beverage, including beer
3434+in the form of a freeze pop, popsicle, ice cream, or sorbet.
34313435 1690
3432-in the form of a freeze pop, popsicle, ice cream, or sorbet.
3436+Section 16. Section 32B-9-203 is amended to read:
34333437 1691
3434-Section 16. Section 32B-9-203 is amended to read:
3438+32B-9-203 . Bond for event permit.
34353439 1692
3436-32B-9-203 . Bond for event permit.
3440+(1)(a) A person applying for an event permit shall post a [cash bond or ]surety bond:
34373441 1693
3438-(1)(a) A person applying for an event permit shall post a [cash bond or ]surety bond:
3439-- 50 - Enrolled Copy S.B. 328
3442+(i) in the amount specified in [the relevant part under ]this chapter for the type of
3443+- 50 - 03-07 18:39 6th Sub. (Cherry) S.B. 328
34403444 1694
3441-(i) in the amount specified in [the relevant part under ]this chapter for the type of
3445+event permit for which the person is applying; and
34423446 1695
3443-event permit for which the person is applying; and
3447+(ii) payable to the department.
34443448 1696
3445-(ii) payable to the department.
3449+(b) An event permittee shall procure and maintain a bond required under this section for
34463450 1697
3447-(b) An event permittee shall procure and maintain a bond required under this section for
3451+as long as the event permit is in effect.
34483452 1698
3449-as long as the event permit is in effect.
3453+(2) A bond posted by an event permittee under this section shall be:
34503454 1699
3451-(2) A bond posted by an event permittee under this section shall be:
3455+(a) in a form approved by the attorney general; and
34523456 1700
3453-(a) in a form approved by the attorney general; and
3457+(b) conditioned upon the event permittee's faithful compliance with this title and the
34543458 1701
3455-(b) conditioned upon the event permittee's faithful compliance with this title and the
3459+rules of the commission.
34563460 1702
3457-rules of the commission.
3461+(3) No part of a bond posted by an event permittee under this section may be withdrawn
34583462 1703
3459-(3) No part of a bond posted by an event permittee under this section may be withdrawn
3463+during the period the event permit is in effect.
34603464 1704
3461-during the period the event permit is in effect.
3465+(4)(a) A bond posted by an event permittee under this section may be forfeited if the
34623466 1705
3463-(4)(a) A bond posted by an event permittee under this section may be forfeited if the
3467+event permit is revoked.
34643468 1706
3465-event permit is revoked.
3469+(b) Notwithstanding Subsection (4)(a), the department may make a claim against a bond
34663470 1707
3467-(b) Notwithstanding Subsection (4)(a), the department may make a claim against a bond
3471+posted by an event permittee for money owed the department under this title without
34683472 1708
3469-posted by an event permittee for money owed the department under this title without
3473+the commission first revoking the event permit.
34703474 1709
3471-the commission first revoking the event permit.
3475+Section 17. Effective Date.
34723476 1710
3473-Section 17. Effective Date.
3474-1711
34753477 This bill takes effect on May 7, 2025.
34763478 - 51 -