Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302
dispense: means :
(i)
drawing an alcoholic product; and
(ii)
using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
(i)
is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
(ii)
except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
Private event: means a specific social, business, or recreational event:
(i)
for which an entire room, area, or hall is leased or rented in advance by an identified group; and
(ii)
that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
In addition to complying with 3, a limited-service restaurant licensee and staff of the limited-service restaurant licensee shall comply with this section.
individual staff of a limited-service restaurant licensee; or
(iii)
both a limited-service restaurant licensee and staff of the limited-service restaurant licensee.
(2)
(a)
An individual who serves an alcoholic product in a limited-service restaurant licensee’s premises shall make a beverage tab for each table or group that orders or consumes an alcoholic product on the premises.
(b)
A beverage tab described in this Subsection (2) shall state the type and amount of each alcoholic product ordered or consumed.
(3)
A limited-service restaurant licensee may not make an individual’s willingness to serve an alcoholic product a condition of employment with a limited-service restaurant licensee.
(4)
(a)
A limited-service restaurant licensee may sell, offer for sale, or furnishwine or heavy beer at the licensed premises during the following time periods only:
(i)
on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
(ii)
on a weekend or a state or federal legal holiday or for a private event, during the period that begins at 10:30 a.m. and ends at 11:59 p.m.
(b)
A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:
(i)
on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(ii)
on a weekend or a state or federal legal holiday or for a private event, during the period that begins at 10:30 a.m. and ends at 12:59 a.m.
(5)
(a)
A limited-service restaurant licensee may not furnish an alcoholic product for on-premise consumption except after:
(i)
the patron to whom the limited-service restaurant licensee furnishes the alcoholic product is seated at:
(A)
a table that is located in a dining area or a dispensing area;
(B)
a counter that is located in a dining area or a dispensing area; or
(C)
a dispensing structure that is located in a dispensing area; and
(ii)
the limited-service restaurant licensee confirms that the patron intends to:
(A)
order food prepared, sold, and furnished at the licensed premises; and
(B)
except as provided in Subsection (5)(b), consume the food at the same location where the patron is seated and furnished the alcoholic product.
(b)
(i)
While a patron waits for a seat at a table or counter in the dining area of a limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as described in Section 32B-5-304 if:
(A)
the patron is in a dispensing area and seated at a table, counter, or dispensing structure; and
(B)
the limited-service restaurant licensee first confirms that after the patron is seated in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed premises.
(ii)
(A)
Subject to Subsection (5)(b)(ii)(B), if the patron does not finish the patron’s alcoholic product before moving to a seat in the dining area, the patron may transport any unfinished portion of the patron’s alcoholic product to the patron’s seat in the dining area.
(B)
An employee of the limited-service restaurant licensee shall escort a patron who transports an unfinished portion of the patron’s alcoholic product to the patron’s seat in the dining area.
(iii)
For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less.
(c)
Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not furnish beer for off-premise consumption except after the patron consumes on the licensed premises food prepared, sold, and furnished at the licensed premises.
(d)
A limited-service restaurant licensee shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.
(6)
A patron may consume an alcoholic product on the limited-service restaurant licensee’s licensed premises only if the patron is seated at:
(a)
a table that is located in a dining area or a dispensing area;
(b)
a counter that is located in a dining area or a dispensing area; or
(c)
a dispensing structure located in a dispensing area.
(7)
(a)
Subject to the other provisions of this Subsection (7), a patron may not have more than two alcoholic products of any kind at a time before the patron.
(b)
An individual portion of wine is considered to be one alcoholic product under Subsection (7)(a).
(8)
In accordance with the provisions of this section, an individual who is at least 21 years old may consume food and beverages in a dispensing area.
(9)
(a)
Except as provided in Subsection (9)(b), a minor may not sit, remain, or consume food or beverages in a dispensing area.
(b)
(i)
A minor may be in a dispensing area if the minor is:
(A)
at least 16 years old and working as an employee of the limited-service restaurant licensee; or
(B)
performing maintenance and cleaning services as an employee of the limited-service restaurant licensee when the limited-service restaurant licensee is not open for business.
(ii)
If there is no alternative route available, a minor may momentarily pass through a dispensing area without remaining or sitting in the dispensing area en route to an area of the limited-service restaurant licensee’s premises in which the minor is permitted to be.
(10)
Except as provided in Subsection 32B-5-307(3), a limited-service restaurant licensee may dispense an alcoholic product only if:
(a)
the alcoholic product is dispensed from:
(i)
a dispensing structure that is located in a dispensing area;
(ii)
an area that is:
(A)
separated from an area for the consumption of food by a patron by a solid, translucent, permanent structural barrier such that the facilities for the dispensing of an alcoholic product are not readily visible to a patron and not accessible by a patron; and
(B)
apart from an area used for dining, for staging, or as a waiting area; or
(iii)
the premises of a bar licensee that is:
(A)
owned by the same person or persons as the limited-service restaurant licensee; and
(B)
located immediately adjacent to the premises of the limited-service restaurant licensee; and
(b)
any instrument or equipment used to dispense alcoholic product is located in an area described in Subsection (10)(a).
(11)
(a)
A limited-service restaurant licensee may have more than one dispensing area in the licensed premises.
(b)
Each dispensing area in a licensed premises may satisfy the requirements for a dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
(12)
A limited-service restaurant licensee may not:
(a)
transfer, dispense, or serve an alcoholic product on or from a movable cart; or
(b)
display an alcoholic product or a product intended to appear like an alcoholic product by moving a cart or similar device around the licensed premises.
(13)
A limited-service restaurant licensee may state in a food or alcoholic product menu a charge or fee made in connection with the sale, service, or consumption of wine or heavy beer, including:
(a)
a set-up charge;
(b)
a service charge; or
(c)
a chilling fee.
(14)
(a)
In addition to the requirements described in Section 32B-5-302, a limited-service restaurant licensee shall maintain each of the following records for at least three years:
