Utah Code 32B-5-207. Multiple retail licenses on same premises
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(1) As used in this section, “license” means:
Terms Used In Utah Code 32B-5-207
- Alcoholic beverage: means the following:(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102
- Banquet: means an event:
(8)(a) that is a private event or a privately sponsored event;(8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:(8)(b)(i) a hotel;(8)(b)(ii) a resort facility;(8)(b)(iii) a sports center;(8)(b)(iv) a convention center;(8)(b)(v) a performing arts facility;(8)(b)(vi) an arena; or(8)(b)(vii) a restaurant venue;(8)(c) for which there is a contract:(8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and(8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and(8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. 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
- Beer: means a product that:
(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102- Beer retailer: means a business that:
(13)(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(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(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- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- 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- Hospitality amenity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License. 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
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- On-premise beer retailer: means a beer retailer who is:
(83)(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(83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:(83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and(83)(b)(ii) on and after March 1, 2012, operating:(83)(b)(ii)(A) as a tavern; or(83)(b)(ii)(B) in a manner that meets the requirements of Subsection32B-6-703 (2)(e)(i). 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- 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
- Reception center: means a business that:
(101)(a) operates facilities that are at least 5,000 square feet; and(101)(b) has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. 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- 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- Retail license: means one of the following licenses issued under this title:
(113)(a) a full-service restaurant license;(113)(b) a master full-service restaurant license;(113)(c) a limited-service restaurant license;(113)(d) a master limited-service restaurant license;(113)(e) a bar establishment license;(113)(f) an airport lounge license;(113)(g) an on-premise banquet license;(113)(h) an on-premise beer license;(113)(i) a reception center license;(113)(j) a beer-only restaurant license;(113)(k) a hospitality amenity license;(113)(l) a resort license;(113)(m) a hotel license; or(113)(n) an arena license. See Utah Code 32B-1-102- Sublicense: means :
(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102- Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102(1)(a) a retail license; or(1)(b) a sublicense.(2) Except as provided in Subsection (3), the commission may not issue and one or more licensees may not hold more than one type of license for the same premises.(3)(3)(a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if:(3)(a)(i) the applicant or licensee satisfies the requirements for each license;(3)(a)(ii) the types of licenses issued or held are two or more of the following:(3)(a)(ii)(A) a restaurant license;(3)(a)(ii)(B) an on-premise beer retailer license that is not a tavern;(3)(a)(ii)(C) an on-premise banquet license or a reception center license; and(3)(a)(ii)(D) a hospitality amenity license; and(3)(a)(iii) the licenses do not operate at the same time on the same day.(3)(b) The commission may issue and two or more restaurant licensees may share an area of each restaurant licensee’s licensed premises designated for alcoholic beverage consumption, if:(3)(b)(i) the applicants or licensees satisfy the requirements for each license; and(3)(b)(ii) the only shared premises between the issued or held restaurant licenses is the area for alcoholic beverage consumption.(3)(c) The commission may issue and two or more licensees may share a kitchen or culinary facilities located in or on one or more of the licensees’ licensed premises, if:(3)(c)(i) the types of licenses issued or held are two or more sublicenses of a principal licensee:(3)(c)(i)(A) one of which is an on-premise banquet sublicense; and(3)(c)(i)(B) one of which is a restaurant license that is a sublicense, an on-premise beer retailer sublicense that is not a tavern, or a bar sublicense; or(3)(c)(ii)(3)(c)(ii)(A) the same person applies for or holds each license;(3)(c)(ii)(B) the licensed premises are each owned or leased by the same person and located in the same building; and(3)(c)(ii)(C) the only shared premises between the issued or held licenses is the kitchen or culinary facilities area, including any pathway necessary to transport an item to and from the area.(4) When one or more licensees hold more than one type of license for the same premises under Subsection (3)(a), the one or more licensees shall post in a conspicuous location at the entrance of the room a sign that:(4)(a) measures 8-1/2 inches by 11 inches; and(4)(b) states whether the premises is currently operating as:(4)(b)(i) a restaurant;(4)(b)(ii) an on-premise beer retailer that is not a tavern;(4)(b)(iii) a banquet or a reception center; or(4)(b)(iv) a hospitality amenity.(5) When two or more restaurant licensees share an area of each restaurant licensee’s licensed premises designated for alcoholic beverage consumption in accordance with Subsection (3)(b), each licensee shall:(5)(a) maintain control over the licensee’s patrons; and(5)(b) use a visual marker to clearly identify which licensee served each patron.(6)(6)(a) For purposes of Subsection (3)(a), the commission may not issue and one or more licensees may not hold a bar license or a tavern license in the same room as a restaurant license.(6)(b) For purposes of Subsection (6)(a), two licenses are not considered in the same room if:(6)(b)(i) each shared permanent wall between the premises licensed as a bar or a tavern and the premises licensed as a restaurant measures at least eight feet high;(6)(b)(ii) the premises for each license has a separate entryway that does not require a patron to pass through the premises licensed as a bar or a tavern to access the premises licensed as a restaurant; and(6)(b)(iii) if a patron must pass through the premises licensed as a restaurant to access the entryway to the premises licensed as a bar or a tavern, a patron on the premises licensed as a restaurant cannot see a dispensing structure on the premises licensed as a bar or a tavern.(7)(7)(a) The commission may issue more than one type of sublicense to a resort licensed under Chapter 8, Resort License Act, or a hotel licensed under Chapter 8b, Hotel License Act, for the same room if the sublicensed premises are clearly delineated by one or more permanent physical structures, such as a wall or other architectural feature, that separate the sublicensed premises.(7)(b) A patron may not transport an alcoholic beverage between two sublicensed premises located in the same room in accordance with Subsection (7)(a).(7)(c) Notwithstanding any provision to the contrary, a minor may momentarily pass through a sublicensed premises that is a bar to reach another location where a minor may lawfully be, if there is no practical alternative route to the location. - Banquet: means an event: