32B-6-305.2. Specific operational requirements for a limited-service restaurant license — On and after July 1, 2018, or July 1, 2022.
(1) |
(b) |
Failure to comply with Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) |
a limited-service restaurant licensee; |
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(ii) |
individual staff of a limited-service restaurant licensee; or |
(iii) |
both a limited-service restaurant licensee and staff of the limited-service restaurant licensee. |
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(2) |
(a) |
An individual who serves an alcoholic product in a limited-service restaurant licensee’s premises shall make a beverage tab for each table or group that orders or consumes an alcoholic product on the premises. |
(b) |
A beverage tab described in this Subsection (2) shall state the type and amount of each alcoholic product ordered or consumed. |
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(3) |
A limited-service restaurant licensee may not make an individual’s willingness to serve an alcoholic product a condition of employment with a limited-service restaurant licensee. |
(4) |
(a) |
A limited-service restaurant licensee may sell, offer for sale, or furnish wine or heavy beer at the licensed premises during the following time periods only:
(i) |
on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or |
(ii) |
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 11:59 p.m. |
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(b) |
A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:
(i) |
on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or |
(ii) |
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. |
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(5) |
(a) |
A limited-service restaurant licensee may not furnish an alcoholic product for on-premise consumption except after:
(i) |
the patron to whom the limited-service restaurant licensee furnishes the alcoholic product is seated at:
(A) |
a table that is located in a dining area or a dispensing area; |
(B) |
a counter that is located in a dining area or a dispensing area; or |
(C) |
a dispensing structure that is located in a dispensing area; and |
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(ii) |
the limited-service restaurant licensee confirms that the patron intends to:
(A) |
order food prepared, sold, and furnished at the licensed premises; and |
(B) |
except as provided in Subsection (5)(b), consume the food at the same location where the patron is seated and furnished the alcoholic product. |
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(b) |
(i) |
While a patron waits for a seat at a table or counter in the dining area of a limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as described in Section 32B-5-304 if:
(A) |
the patron is in a dispensing area and seated at a table, counter, or dispensing structure; and |
(B) |
the limited-service restaurant licensee first confirms that after the patron is seated in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed premises. |
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(ii) |
If the patron does not finish the patron’s alcoholic product before moving to a seat in the dining area, an employee of the limited-service restaurant licensee who is qualified to sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the patron’s alcoholic product to the patron’s seat in the dining area. |
(iii) |
For purposes of Subsection (5)(b)(i) a single portion of wine is 5 ounces or less. |
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(c) |
Notwithstanding Section 32B-5-307, a limited-service restaurant licensee may not furnish beer for off-premise consumption except after the patron consumes on the licensed premises food prepared, sold, and furnished at the licensed premises. |
(d) |
A limited-service restaurant licensee shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations. |
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(6) |
A patron may consume an alcoholic product on the limited-service restaurant licensee’s licensed premises only if the patron is seated at:
(a) |
a table that is located in a dining area or a dispensing area; |
(b) |
a counter that is located in a dining area or a dispensing area; or |
(c) |
a dispensing structure located in a dispensing area. |
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(7) |
(a) |
Subject to the other provisions of this Subsection (7), a patron may not have more than two alcoholic products of any kind at a time before the patron. |
(b) |
An individual portion of wine is considered to be one alcoholic product under Subsection (7)(a). |
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(8) |
In accordance with the provisions of this section, an individual who is at least 21 years old may consume food and beverages in a dispensing area. |
(9) |
(a) |
Except as provided in Subsection (9)(b), a minor may not sit, remain, or consume food or beverages in a dispensing area. |
(b) |
(i) |
A minor may be in a dispensing area if the minor is:
(A) |
at least 16 years old and working as an employee of the limited-service restaurant licensee; or |
(B) |
performing maintenance and cleaning services as an employee of the limited-service restaurant licensee when the limited-service restaurant licensee is not open for business. |
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(ii) |
If there is no alternative route available, a minor may momentarily pass through a dispensing area without remaining or sitting in the dispensing area en route to an area of the limited-service restaurant licensee’s premises in which the minor is permitted to be. |
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(10) |
Except as provided in Subsection 32B-5-307(3), a limited-service restaurant licensee may dispense an alcoholic product only if:
(a) |
the alcoholic product is dispensed from:
(i) |
a dispensing structure that is located in a dispensing area; |
(ii) |
an area that is:
(A) |
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 dispensing of an alcoholic product are not readily visible to a patron and not accessible by a patron; and |
(B) |
apart from an area used for dining, for staging, or as a waiting area; or |
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(iii) |
the premises of a bar licensee that is:
(A) |
owned by the same person or persons as the limited-service restaurant licensee; and |
(B) |
located immediately adjacent to the premises of the limited-service restaurant licensee; and |
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(b) |
any instrument or equipment used to dispense alcoholic product is located in an area described in Subsection (10)(a). |
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(11) |
(a) |
A limited-service restaurant licensee may have more than one dispensing area in the licensed premises. |
(b) |
Each dispensing area in a licensed premises may satisfy the requirements for a dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other dispensing area in the licensed premises satisfies the requirements for a dispensing area. |
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(12) |
A limited-service restaurant licensee may not:
(a) |
transfer, dispense, or serve an alcoholic product on or from a movable cart; or |
(b) |
display an alcoholic product or a product intended to appear like an alcoholic product by moving a cart or similar device around the licensed premises. |
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(13) |
A limited-service restaurant licensee may state in a food or alcoholic product menu a charge or fee made in connection with the sale, service, or consumption of wine or heavy beer, including:
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(14) |
(a) |
In addition to the requirements described in Section 32B-5-302, a limited-service restaurant licensee shall maintain each of the following records for at least three years:
(i) |
a record required by Section 32B-5-302; and |
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(b) |
The department shall audit the records of a limited-service restaurant licensee at least once each calendar year. |
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(15) |
(a) |
In accordance with Section 32B-6-305.3, a limited-service restaurant licensee:
(i) |
may comply with the provisions of this section beginning on or after July 1, 2017; and |
(ii) |
shall comply with the provisions of this section:
(A) |
for a limited-service restaurant licensee that does not have a grandfathered bar structure, on and after July 1, 2018; or |
(B) |
for a limited-service restaurant licensee that has a grandfathered bar structure, on and after July 1, 2022. |
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(b) |
A limited-service restaurant licensee that elects to comply with the provisions of this section before the latest applicable date described in Subsection (15)(a)(ii):
(i) |
shall comply with each provision of this section; and |
(ii) |
is not required to comply with the provisions of Section 32B-6-305. |
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Amended by Chapter 447, 2022 General Session