32B-6-905.3. Small beer-only restaurantlicensee — Exemption.
(1)
Notwithstanding the provisions of Section 32B-6-905 or 32B-6-905.2 and subject to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing area of a small beer-only restaurant licensee if:
Terms Used In Utah Code 32B-6-905.3
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Dispensing area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
(A)
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 beer;
(B)
except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
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
Small beer-only restaurant licensee: means a beer-only restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(i)
when measured in accordance with Subsection (1)(b)(i)(B); and
(ii)
based on the licensee's floor plan on file with the department on July 1, 2017. See Utah Code 32B-6-902
(a)
seating in the dispensing area is the only seating available for patrons on the licensed premises;
(b)
the minor is accompanied by an individual who is 21 years of age or older; and
(c)
the small beer-only restaurant licensee applies for and obtains approval from the department to seat minors in the dispensing area in accordance with this section.
(2)
A minor may not sit, remain, or consume food or beverages at a dispensing structure.
(3)
The department shall:
(a)
grant an approval described in Subsection (1)(c) if the small beer-only restaurant licensee demonstrates that the small beer-only restaurant licensee meets the requirements described in Subsection 32B-6-902(1)(e); and
(b)
for each application described in Subsection (1)(c) that the department receives on or before May 8, 2018, act on the application on or before July 1, 2018.
