Utah Code 32B-6-902. Definitions
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(1) As used in this part:
Terms Used In Utah Code 32B-6-902
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Dining area: means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-902
- Dispensing area: means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
(1)(b)(i)(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;(1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or(1)(b)(i)(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-902- 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- Licensee: means a person who holds a license. 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
- 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- 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
- Waiting area: includes a lobby. See Utah Code 32B-6-902
(1)(a)(1)(a)(i) “Dining area” means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.(1)(a)(ii) “Dining area” does not include a dispensing area.(1)(b)(1)(b)(i) “Dispensing area” means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:(1)(b)(i)(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;(1)(b)(i)(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or(1)(b)(i)(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.(1)(b)(ii) “Dispensing area” does not include any area described in Subsection (1)(b)(i)(B) that is less than 10 feet from an area where beer is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of beer.(1)(c) “Small beer-only restaurant licensee” means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:(1)(c)(i) when measured in accordance with Subsection (1)(b)(i)(B); and(1)(c)(ii) based on the licensee’s floor plan on file with the department on July 1, 2017.(1)(d) “Waiting area” includes a lobby.