(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of wine, heavy beer, or beer on its premises as a limited-service restaurant, the person shall first obtain a limited-service restaurant license from the commission in accordance with this part.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 32B-6-303

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Flavored malt beverage: means a beverage:
              (44)(a)(i) that contains at least . See Utah Code 32B-1-102
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Heavy beer: means a product that:
              (51)(a)(i)
                   (51)(a)(i)(A) contains more than 5% alcohol by volume;
                   (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
  • Hotel: includes a commercial lodging establishment that:
              (53)(b)(i) meets the requirements under Subsection (53)(a); and
              (53)(b)(ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102
  • License: means :
         (62)(a) a retail license;
         (62)(b) a sublicense;
         (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
         (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
         (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
         (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
         (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
  • Liquor: includes :
                   (66)(a)(ii)(A) heavy beer;
                   (66)(a)(ii)(B) wine; and
                   (66)(a)(ii)(C) a flavored malt beverage. 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • 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
  • Restaurant: means a business location:
         (110)(a) at which a variety of foods are prepared;
         (110)(b) at which complete meals are served; and
         (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Restaurant license: means one of the following licenses issued under this title:
         (111)(a) a full-service restaurant license;
         (111)(b) a limited-service restaurant license; or
         (111)(c) a beer-only restaurant license. See Utah Code 32B-1-102
  • Serve: means to place an alcoholic product before an individual. 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
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
(2)

     (2)(a) The commission may issue a limited-service restaurant license to establish limited-service restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of wine, heavy beer, or beer on premises operated as a limited-service restaurant.
     (2)(b) A person may not sell, offer for sale, furnish, or allow the consumption of the following on the licensed premises of a limited-service restaurant licensee:

          (2)(b)(i) spirituous liquor; or
          (2)(b)(ii) a flavored malt beverage.
(3) Subject to Section 32B-1-201:

     (3)(a) The commission may not issue a total number of limited-service restaurant licenses that at any time exceeds the number determined by dividing the population of the state by 6,817.
     (3)(b) The commission may issue a seasonal limited-service restaurant license in accordance with Section 32B-5-206.
     (3)(c)

          (3)(c)(i) If the location, design, and construction of a hotel may require more than one limited-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale of wine, heavy beer, and beer at as many as three limited-service restaurant locations within the hotel under one limited-service restaurant license if:

               (3)(c)(i)(A) the hotel has a minimum of 150 guest rooms; and
               (3)(c)(i)(B) the locations under the limited-service restaurant license are:

                    (3)(c)(i)(B)(I) within the same hotel; and
                    (3)(c)(i)(B)(II) on premises that are managed or operated, and owned or leased, by the limited-service restaurant licensee.
          (3)(c)(ii) A facility other than a hotel shall have a separate limited-service restaurant license for each limited-service restaurant where wine, heavy beer, or beer is sold, offered for sale, or furnished.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a limited-service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5) To be licensed as a limited-service restaurant, a person shall maintain at least 70% of the restaurant’s gross revenues from the sale of food, which does not include:

     (5)(a) mix for an alcoholic product; or
     (5)(b) a service charge.
  Previous section
Next section  
 Part 3 Contents