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Terms Used In Utah Code 32B-6-905.1

  • Alcoholic product: includes an alcoholic beverage. 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
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
  • dispense: means :
              (36)(a)(i) drawing an alcoholic product; and
              (36)(a)(ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
  • 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
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
                   (66)(a)(ii)(A) heavy beer;
                   (66)(a)(ii)(B) wine; and
                   (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
  • Minor: means an individual under 21 years old. 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
  • 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 Section 32B-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
  • Private event: means a specific social, business, or recreational event:
              (95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
              (95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
  • Record: includes :
              (103)(b)(i) a book;
              (103)(b)(ii) a book of account;
              (103)(b)(iii) a paper;
              (103)(b)(iv) a contract;
              (103)(b)(v) an agreement;
              (103)(b)(vi) a document; or
              (103)(b)(vii) a recording in any medium. 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
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • 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
  • 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
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
  • Waiting area: includes a lobby. See Utah Code 32B-6-902
     (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee shall comply with this section.
     (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:

          (1)(b)(i) a beer-only restaurant licensee;
          (1)(b)(ii) individual staff of a beer-only restaurant licensee; or
          (1)(b)(iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
(2)

     (2)(a) A beer-only restaurant licensee on the licensed premises may not sell, offer for sale, furnish, or allow consumption of liquor.
     (2)(b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:

          (2)(b)(i) as a flavoring on a dessert; or
          (2)(b)(ii) in the preparation of a flaming food dish, drink, or dessert.
(3)

     (3)(a) An individual who serves beer in a beer-only restaurant licensee’s premises shall make a beverage tab for each table or group that orders or consumes beer on the premises.
     (3)(b) A beverage tab described in this Subsection (3) shall state the type and amount of each beer ordered or consumed.
(4) A beer-only restaurant licensee may not make an individual’s willingness to serve beer a condition of employment as a server with a beer-only restaurant licensee.
(5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:

     (5)(a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
     (5)(b) 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.
(6)

     (6)(a) A beer-only restaurant licensee may not furnish beer for on-premise consumption except after:

          (6)(a)(i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:

               (6)(a)(i)(A) a table that is located in a dining area or a dispensing area;
               (6)(a)(i)(B) a counter that is located in a dining area or a dispensing area; or
               (6)(a)(i)(C) a dispensing structure that is located in a dispensing area; and
          (6)(a)(ii) the beer-only restaurant licensee confirms that the patron intends to:

               (6)(a)(ii)(A) order food prepared, sold, and furnished at the licensed premises; and
               (6)(a)(ii)(B) except as provided in Subsection (6)(b), consume the food at the same location where the patron is seated and furnished the beer.
     (6)(b)

          (6)(b)(i) While a patron waits for a seat at a table or counter in the dining area of a beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or furnish to the patron one portion of beer as described in Section 32B-5-304 if:

               (6)(b)(i)(A) the patron is in a dispensing area and seated at a table, counter, or dispensing structure; and
               (6)(b)(i)(B) the beer-only 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.
          (6)(b)(ii)

               (6)(b)(ii)(A) Subject to Subsection (6)(b)(ii)(B), if the patron does not finish the patron’s beer before moving to a seat in the dining area, the patron may transport any unfinished portion of the patron’s beer to the patron’s seat in the dining area.
               (6)(b)(ii)(B) An employee of the beer-only restaurant licensee shall escort a patron who transports an unfinished portion of the patron’s beer to the patron’s seat in the dining area.
     (6)(c) Notwithstanding Section 32B-5-307, a beer-only 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.
     (6)(d) A beer-only restaurant licensee shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.
(7) A patron may consume a beer on the beer-only licensee’s licensed premises only at:

     (7)(a) a table that is located in a dining area or a dispensing area;
     (7)(b) a counter that is located in a dining area or a dispensing area; or
     (7)(c) a dispensing structure located in a dispensing area.
(8) A patron may not have more than two beers at a time before the patron.
(9) 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.
(10)

     (10)(a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or consume food or beverages in a dispensing area.
     (10)(b)

          (10)(b)(i) A minor may be in a dispensing area if the minor is:

               (10)(b)(i)(A) at least 16 years old and working as an employee of the beer-only restaurant licensee; or
               (10)(b)(i)(B) performing maintenance and cleaning services as an employee of the beer-only restaurant licensee when the beer-only restaurant licensee is not open for business.
          (10)(b)(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 beer-only restaurant licensee’s premises in which the minor is permitted to be.
(11) A beer-only restaurant licensee may dispense a beer only if:

     (11)(a) the beer is dispensed from:

          (11)(a)(i) a dispensing structure that is located in a dispensing area;
          (11)(a)(ii) an area that is:

               (11)(a)(ii)(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
               (11)(a)(ii)(B) apart from an area used for dining, for staging, or as a waiting area; or
          (11)(a)(iii) the premises of a bar licensee that is:

               (11)(a)(iii)(A) owned by the same person or persons as the beer-only restaurant licensee; and
               (11)(a)(iii)(B) located immediately adjacent to the premises of the beer-only restaurant licensee; and
     (11)(b) any instrument or equipment used to dispense the beer is located in an area described in Subsection (11)(a).
(12)

     (12)(a) A beer-only restaurant licensee may have more than one dispensing area in the licensed premises.
     (12)(b) Each dispensing area in a licensed premises may satisfy the requirements for a dispensing area under Subsection 32B-6-902(1)(b)(i)(A), (B), or (C), regardless of how any other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
(13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or from a movable cart.
(14)

     (14)(a) In addition to the requirements described in Section 32B-5-302, a beer-only restaurant licensee shall maintain each of the following records for at least three years:

          (14)(a)(i) a record required by Subsection 32B-5-302(1); and
          (14)(a)(ii) a record that the commission requires a beer-only restaurant licensee to use or maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (14)(b) The department shall audit the records of a beer-only restaurant licensee at least once annually.
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