§ 32B-6-901 Title
§ 32B-6-902 Definitions
§ 32B-6-903 Commission’s power to issue beer-only restaurant license
§ 32B-6-904 Specific licensing requirements for beer-only restaurant license
§ 32B-6-905 Specific operational requirements for a beer-only restaurant license — Before July 1, 2018, or July 1, 2022
§ 32B-6-905.1 Specific operational requirements for a beer-only restaurant license — On and after July 1, 2018, or July 1, 2022
§ 32B-6-905.2 Transition process for beer-only restaurant licensees
§ 32B-6-905.3 Small beer-only restaurant licensee — Exemption

Terms Used In Utah Code > Title 32B > Chapter 6 > Part 9

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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 retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. 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
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. 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
  • Controlled substance: means a drug or substance:
    (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
    (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 32B-6-805
  • Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act; or
  • (ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:
    (A) Chapter 37, Utah Controlled Substances Act;
    (B) Chapter 37a, Utah Drug Paraphernalia Act;
    (C) Chapter 37b, Imitation Controlled Substances Act;
    (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
    (E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 32B-6-805
  • 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 Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
  • 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 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
    (C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902
  • Dispensing structure: means a surface or structure on a licensed premises:
    (a) where an alcoholic product is dispensed; or
    (b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Drug: means :
    (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
    (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
    (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
    (D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 32B-6-805
  • Food: means :
    (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and
    (ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 32B-6-805
  • 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
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • 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
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 32B-6-805
  • Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Utah Code 32B-6-805
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
    (i) opium, coca leaves, and opiates;
    (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
    (iii) opium poppy and poppy straw; or
    (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 32B-6-805
  • 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 Chapter 6, Part 7, On-Premise Beer Retailer License; 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
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 32B-6-805
  • Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 32B-6-805
  • 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 any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 32B-6-805
  • Person: means :Utah Code 48-2e-1156
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 32B-6-805
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 32B-6-805
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Resort facility: is a s defined by the commission by rule. 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
  • 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
  • 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
  • State: means the state of Utah. See Utah Code 32B-6-805
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 32B-6-805
  • Waiting area: includes a lobby. See Utah Code 32B-6-902
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