(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the person’s premises as a bar establishment licensee, the person shall first obtain a bar establishment license from the commission in accordance with this part.
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Terms Used In Utah Code 32B-6-403

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Bar establishment license: includes :
              (9)(b)(i) a dining club license;
              (9)(b)(ii) an equity license;
              (9)(b)(iii) a fraternal license; or
              (9)(b)(iv) a bar license. 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
  • Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • 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
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. 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
  • 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
  • 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
(2) The commission may issue a bar establishment license to establish bar establishment licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated by a bar establishment licensee.
(3) Subject to Section 32B-1-201:

     (3)(a) the commission may not issue a total number of bar establishment licenses that at any time exceeds the sum of:

          (3)(a)(i) 15; and
          (3)(a)(ii) the number determined by dividing the population of the state by:

               (3)(a)(ii)(A) before fiscal July 1, 2024, 10,200;
               (3)(a)(ii)(B) in fiscal year 2025, 9,778;
               (3)(a)(ii)(C) in fiscal year 2026, 9,356;
               (3)(a)(ii)(D) in fiscal year 2027, 8,934;
               (3)(a)(ii)(E) in fiscal year 2028, 8,512;
               (3)(a)(ii)(F) in fiscal year 2029, 8,090;
               (3)(a)(ii)(G) in fiscal year 2030, 7,668; and
               (3)(a)(ii)(H) in fiscal year 2031, and in each fiscal year thereafter, 7,246;
     (3)(b) the commission may issue a seasonal bar establishment license in accordance with Section 32B-5-206 to a bar licensee;
     (3)(c) the commission may authorize as many as three bar establishment license locations within a hotel under one bar establishment license if:

          (3)(c)(i) the location, design, and construction of the hotel requires more than one bar license location within the hotel to serve the public convenience;
          (3)(c)(ii) the hotel has a minimum of 150 guest rooms;
          (3)(c)(iii) all locations under the bar establishment license are:

               (3)(c)(iii)(A) within the same hotel; and
               (3)(c)(iii)(B) on premises that are managed or operated, and owned or leased, by the bar establishment licensee;
     (3)(d) the commission may authorize up to five dispensing locations under one equity license if the locations under the equity license:

          (3)(d)(i) are connected by a private roadway to which the equity licensee, each member of the equity licensee, and each guest has a legal right of access; and
          (3)(d)(ii) are located on premises managed or operated, and owned or leased, by the equity licensee;
     (3)(e) except for a facility operating in accordance with Subsection (3)(d) or a hotel, a facility shall have a separate bar establishment license for each bar establishment license location where an alcoholic product is sold, offered for sale, or furnished;
     (3)(f) when a business establishment undergoes a change of ownership, the commission may issue a bar establishment license to the new owner of the business establishment notwithstanding that there is no bar establishment license available under Subsection (3)(a) if:

          (3)(f)(i) the primary business activity at the business establishment before and after the change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
          (3)(f)(ii) before the change of ownership there are two or more licensed premises on the business establishment that operate under a retail license, with at least one of the retail licenses being a bar establishment license;
          (3)(f)(iii) subject to Subsection (3)(g) the licensed premises of the bar establishment license issued under this Subsection (3)(f) is at the same location where the bar establishment license licensed premises was located before the change of ownership; and
          (3)(f)(iv) the person who is the new owner of the business establishment qualifies for the bar establishment license, except for there being no bar establishment license available under Subsection (3)(a); and
     (3)(g) if a bar establishment licensee of a bar establishment license issued under Subsection (3)(f) requests a change of location, the bar establishment licensee may retain the bar establishment license after the change of location only if on the day on which the bar establishment licensee seeks a change of location a bar establishment license is available under Subsection (3)(a).
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