Utah Code 32B-6-406.1. Specific operational restrictions related to dance or concert hall
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(1) A minor who is at least 18 years of age may be admitted into, use, or be on the premises of a dance or concert hall if:
Terms Used In Utah Code 32B-6-406.1
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. 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 - Conviction: A judgement of guilt against a criminal defendant.
- Dispensing structure: means a surface or structure on a licensed premises:(37)(a) where an alcoholic product is dispensed; or(37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- 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
- Minor: means an individual under 21 years old. 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:
(87)(a) a customer;(87)(b) a member;(87)(c) a guest;(87)(d) an attendee of a banquet or event;(87)(e) an individual who receives room service;(87)(f) a resident of a resort; or(87)(g) a hospitality guest, as defined in Section32B-6-1002 , under a hospitality amenity license. See Utah Code 32B-1-102- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102(1)(a) the dance or concert hall is located:(1)(a)(i) on the licensed premises of a bar licensee; or(1)(a)(ii) on the property that immediately adjoins the licensed premises of and is operated by a bar licensee; and(1)(b) the bar licensee holds a permit to operate a dance or concert hall that was issued on or before May 11, 2009:(1)(b)(i) on the basis of the operational requirements described in Subsection (2); and(1)(b)(ii) when the bar licensee was licensed as a class D private club.(2) A bar licensee that holds a dance or concert hall permit shall operate in such a way that:(2)(a) the bar licensee’s lounge, dispensing structure, or other area for alcoholic product consumption is:(2)(a)(i) not accessible to a minor;(2)(a)(ii) clearly defined; and(2)(a)(iii) separated from the dance or concert hall area by one or more walls, multiple floor levels, or other substantial physical barriers;(2)(b) a dispensing structure or area where alcoholic product is dispensed is not visible to a minor;(2)(c) consumption of an alcoholic product may not occur in:(2)(c)(i) the dance or concert hall area; or(2)(c)(ii) an area of the bar license premises accessible to a minor;(2)(d) the bar licensee maintains sufficient security personnel to prevent the passing of beverages from the bar licensee’s lounge, dispensing structure, or other area for alcoholic product consumption to:(2)(d)(i) the dance or concert hall area; or(2)(d)(ii) an area of the bar licensee premises accessible to a minor;(2)(e) there are one or more separate entrances, exits, and restroom facilities from the bar licensee’s lounge, dispensing structure, or other area for alcoholic product consumption than for:(2)(e)(i) the dance or concert hall area; or(2)(e)(ii) an area accessible to a minor; and(2)(f) the bar licensee complies with any other requirements imposed by the commission by rule.(3)(3)(a) A minor under 18 years of age who is accompanied at all times by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if:(3)(a)(i) the requirements of Subsection (2) are met; and(3)(a)(ii) signage, product, and dispensing equipment containing recognition of an alcoholic product is not visible to the minor.(3)(b) A minor under 18 years of age but who is 14 years of age or older who is not accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if:(3)(b)(i) the requirements of Subsections (2) and (3)(a) are met; and(3)(b)(ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of the bar licensee.(4) The commission may suspend or revoke a dance or concert permit issued to a bar licensee and suspend or revoke the license of the bar licensee if:(4)(a) the bar licensee fails to comply with the requirements in this section;(4)(b) the bar licensee sells, offers for sale, or furnishes an alcoholic product to a minor;(4)(c) the bar licensee or a supervisory or managerial level staff of the bar licensee is convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of an activity that occurs on:(4)(c)(i) the licensed premises; or(4)(c)(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;(4)(d) there are three or more convictions of patrons of the bar licensee under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on:(4)(d)(i) the licensed premises; or(4)(d)(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;(4)(d)(iii) there is more than one conviction:(4)(d)(iii)(A) of:(4)(d)(iii)(A)(I) the bar licensee;(4)(d)(iii)(A)(II) staff of the bar licensee;(4)(d)(iii)(A)(III) an entertainer contracted by the bar licensee; or(4)(d)(iii)(A)(IV) a patron of the bar licensee; and(4)(d)(iii)(B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on:(4)(d)(iii)(B)(I) the licensed premises; or(4)(d)(iii)(B)(II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or(4)(e) the commission finds acts or conduct contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title that occurs on:(4)(e)(i) the licensed premises; or(4)(e)(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee.(5) Nothing in this section prohibits a bar licensee from selling, offering for sale, or furnishing an alcoholic product in a dance or concert area located on the bar licensed premises on days and times when the bar licensee does not allow a minor into those areas.