32B-6-905.  Specific operational requirements for a beer-only restaurant license — Before July 1, 2018, or July 1, 2022.

(1) 

Terms Used In Utah Code 32B-6-905

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
(a) stored; or
(b) dispensed. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
  • Container: means a receptacle that contains an alcoholic product, including:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. 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
  • 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
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Grandfathered bar structure: means a bar structure in a licensed premises of a beer-only restaurant licensee that:
    (i) was licensed as an on-premise beer retailer as of August 1, 2011, and as of August 1, 2011:
    (A) is operational;
    (B) has facilities for the dispensing or storage of an alcoholic product that do not meet the requirements of Subsection 32B-6-905(12)(a)(ii); and
    (C) in accordance with Subsection 32B-6-703(2)(e), notifies the department that effective March 1, 2012, the on-premise beer retailer licensee will seek to be licensed as a beer-only restaurant; or
    (ii) is a bar structure grandfathered under Section 32B-6-409. See Utah Code 32B-6-902
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. 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
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
    (a) a customer;
    (b) a member;
    (c) a guest;
    (d) an attendee of a banquet or event;
    (e) an individual who receives room service;
    (f) a resident of a resort;
    (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
    (h) an invitee. See Utah Code 32B-1-102
  • Person: means :Utah Code 48-2e-1156
  • 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
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • 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
  • Waiting area: includes a lobby. See Utah Code 32B-6-902
  • (a)  In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee shall comply with this section.

    (b)  Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

    (i)  a beer-only restaurant licensee;

    (ii)  individual staff of a beer-only restaurant licensee; or

    (iii)  both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
  • (2) 

    (a)  A beer-only restaurant licensee on the licensed premises may not sell, offer for sale, furnish, or allow consumption of liquor.

    (b)  Liquor may not be on the premises of a beer-only restaurant licensee except for use:

    (i)  as a flavoring on a dessert; and

    (ii)  in the preparation of a flaming food dish, drink, or dessert.

    (3)  In addition to complying with Section 32B-5-303, a beer-only restaurant licensee shall store beer in a storage area described in Subsection (12)(a).

    (4) 

    (a)  An individual who serves beer in a beer-only restaurant licensee’s premises shall make a written beverage tab for each table or group that orders or consumes an alcoholic product on the premises.

    (b)  A beverage tab required by this Subsection (4) shall list the type and amount of beer ordered or consumed.

    (5)  A person‘s willingness to serve beer may not be made a condition of employment as a server with a beer-only restaurant licensee.

    (6)  A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:

    (a)  on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or

    (b)  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.

    (7)  A beer-only restaurant licensee shall maintain at least 70% of its total restaurant business from the sale of food, which does not include a service charge.

    (8) 

    (a)  A beer-only restaurant may not sell, offer for sale, or furnish beer except after the beer-only restaurant licensee confirms that the patron has the intent to order food prepared, sold, and furnished at the licensed premises.

    (b)  A beer-only restaurant shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.

    (9)  A patron may not have more than two beers at a time before the patron.

    (10)  A patron may consume a beer only:

    (a)  at:

    (i)  the patron’s table;

    (ii)  a grandfathered bar structure; or

    (iii)  a counter; and

    (b)  where food is served.

    (11) 

    (a)  A beer-only restaurant licensee may not sell, offer for sale, or furnish a beer to a patron, and a patron may not consume an alcoholic product at a bar structure.

    (b)  Notwithstanding Subsection (11)(a), at a grandfathered bar structure, a patron who is 21 years of age or older may:

    (i)  sit;

    (ii)  be furnished a beer; and

    (iii)  consume a beer.

    (c)  Except as provided in Subsection (11)(d), at a grandfathered bar structure, a beer-only restaurant licensee may not permit a minor to, and a minor may not:

    (i)  sit; or

    (ii)  consume food or beverages.

    (d) 

    (i)  A minor may be at a grandfathered bar structure if the minor is employed by a beer-only restaurant licensee:

    (A)  as provided in Subsection 32B-5-308(2); or

    (B)  to perform maintenance and cleaning services during an hour when the beer-only restaurant licensee is not open for business.

    (ii)  A minor may momentarily pass by a grandfathered bar structure without remaining or sitting at the bar structure en route to an area of a beer-only restaurant licensee’s premises in which the minor is permitted to be.

    (12)  A beer-only restaurant licensee may dispense a beer only if:

    (a)  the beer is dispensed from an area that is:

    (i)  a grandfathered bar structure; or

    (ii)  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 storage or dispensing of an alcoholic product are not readily visible to a patron, not accessible by a patron, and apart from an area used for dining, for staging, or as a lobby or waiting area;

    (b)  the beer-only restaurant licensee uses a beer that is:

    (i)  stored in an area described in Subsection (12)(a); or

    (ii)  in an area not described in Subsection (12)(a) on the licensed premises and:

    (A)  immediately before the beer is dispensed it is in an unopened container;

    (B)  the unopened container is taken to an area described in Subsection (12)(a) before it is opened; and

    (C)  once opened, the container is stored in an area described in Subsection (12)(a) ; and

    (c)  any instrument or equipment used to dispense the beer is located in an area described in Subsection (12)(a).

    (13)  Beginning on July 1, 2018, a minor may not sit, remain, or consume food or beverages within 10 feet of a grandfathered bar structure, unless:

    (a)  seating within 10 feet of the grandfathered bar structure is the only seating available in the licensed premises; and

    (b)  the minor is accompanied by an individual who is 21 years of age or older.

    (14)  Except as provided in Subsection 32B-6-905.1(16) and Section 32B-6-905.2, the provisions of this section apply before July 1, 2018.

    Amended by Chapter 249, 2018 General Session

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