32B-6-703. Commission’s power to issue on-premise beer retailer license.
(1)
Before a person may store, sell, offer for sale, furnish, or allow the consumption of beer on the premises as an on-premise beer retailer, the person shall first obtain an on-premise beer retailer license from the commission in accordance with this part.
Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
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
On-premise beer retailer: means a beer retailer who is:
(a)
authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and 7; and
(b)
engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
(i)
regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
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
Recreational amenity: means :
(i)
a billiard parlor;
(ii)
a pool parlor;
(iii)
a bowling facility;
(iv)
a golf course;
(v)
miniature golf;
(vi)
a golf driving range;
(vii)
a tennis club;
(viii)
a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 6,500;
(ix)
a concert venue that has a seating capacity equal to or greater than 6,500;
(x)
one of the following if owned by a government agency:
(A)
a convention center;
(B)
a fair facility;
(C)
an equestrian park;
(D)
a theater; or
(E)
a concert venue;
(xi)
an amusement park:
(A)
with one or more permanent amusement rides; and
(B)
located on at least 50 acres;
(xii)
a ski resort;
(xiii)
a venue for live entertainment if the venue:
(A)
is not regularly open for more than five hours on any day;
(B)
is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and
(C)
is operated so that no more than 15% of its total annual receipts are from the sale of beer;
(xiv)
concessions operated within the boundary of a park administered by the:
(A)
Division of State Parks; or
(B)
National Parks Service;
(xv)
a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020;
(xvi)
a venue for karaoke; or
(xvii)
an enterprise developed around a commission-approved activity. See Utah Code 32B-6-702
Resort facility: is a s defined by the commission by rule. 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
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102
(2)
(a)
The commission may issue an on-premise beer retailer license to establish on-premise beer retailer licensed premises at places and in numbers as the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on premises operated as an on-premise beer retailer.
(b)
At the time that the commission issues an on-premise beer retailer license, the commission shall designate whether the on-premise beer retailer is a tavern.
(c)
The commission may change its designation of whether an on-premise beer retailer is a tavern in accordance with rules made by the commission.
(d)
(i)
In determining whether an on-premise beer retailer is a tavern, the commission shall determine whether the on-premise beer retailer will engage primarily in the retail sale of beer for consumption on the establishment’s premises.
(ii)
In making a determination under this Subsection (2)(d), the commission shall consider:
(A)
whether the on-premise beer retailer will operate as one of the following:
(I)
a beer bar;
(II)
a parlor;
(III)
a lounge;
(IV)
a cabaret; or
(V)
a nightclub;
(B)
if the on-premise beer retailer will operate as described in Subsection (2)(d)(ii)(A):
(I)
whether the on-premise beer retailer will sell food in the establishment; and
(II)
if the on-premise beer retailer sells food, whether the revenue from the sale of beer will exceed the revenue of the sale of food;
(C)
whether full meals including appetizers, main courses, and desserts will be served;
(D)
the square footage and seating capacity of the premises;
(E)
what portion of the square footage and seating capacity will be used for a dining area in comparison to the portion that will be used as a lounge or bar area;
(F)
whether the person will maintain adequate on-premise culinary facilities to prepare full meals, except a person that is located on the premises of a hotel or resort facility may use the culinary facilities of the hotel or resort facility;
(G)
whether the entertainment provided on the premises of the beer retailer will be suitable for minors; and
(H)
the beer retailer management’s ability to manage and operate an on-premise beer retailer license including:
(I)
management experience;
(II)
past beer retailer management experience; and
(III)
the type of management scheme that will be used by the beer retailer.
(e)
(i)
To be licensed as an on-premise beer retailer that is not a tavern, a person shall:
(A)
own or operate a recreational amenity and maintain at least 70% of the person’s total gross revenues from business directly related to the recreational amenity on or directly adjoining the licensed premises of the beer retailer, except that a person may include gross revenue from business directly related to a recreational amenity that is owned or operated by a political subdivision if the person has a contract meeting the requirements of Subsection (2)(e)(iii) with the political subdivision;
(B)
own or operate a recreational amenity on or directly adjoining the licensed premises of the beer retailer and maintain at least 70% of the person’s total gross revenues from the sale of food; or
(C)
if the licensed premises of the on-premise beer retailer is on or directly adjoining a ski resort on January 1, 2021, obtain the consent of the ski resort to operate as an on-premise beer retailer that is not a tavern and maintain at least 70% of the person’s total gross revenues from the sale of food.
(ii)
The commission may not license a person as an on-premise beer retailer if the person does not:
(A)
meet the requirements of Subsection (2)(e)(i); or
(B)
operate as a tavern.
(iii)
A contract described in Subsection (2)(e)(i)(A) shall:
(A)
allow the beer retailer to include the total gross revenue from operations of the recreational amenity in the beer retailer’s total gross receipts for purposes of Subsection (2)(e)(i)(A); and
(B)
give the department the authority to audit financial information of the political subdivision to the extent necessary to confirm that the requirements of Subsection (2)(e)(i)(A) are met.
the commission may not issue a total number of on-premise beer retailer licenses that are taverns that at any time exceeds the number determined by dividing the population of the state by 73,666; and
(b)
the commission may issue a seasonal on-premise beer retailer license for a tavern in accordance with Section 32B-5-206.
(4)
(a)
Unless otherwise provided in Subsection (4)(b):
(i)
only one on-premise beer retailer license is required for each building or resort facility owned or leased by the same person; and
(ii)
a separate license is not required for each retail beer dispensing location in the same building or on the same resort premises owned or operated by the same person.
(b)
(i)
Subsection (4)(a) applies only if each retail beer dispensing location in the building or resort facility operates in the same manner.
(ii)
If each retail beer dispensing location does not operate in the same manner:
(A)
one on-premise beer retailer license designated as a tavern is required for the locations in the same building or on the same resort premises that operate as a tavern; and
(B)
one on-premise beer retailer license is required for the locations in the same building or on the same resort premises that do not operate as a tavern.
