2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 4 - Bar Establishment License › Section 406.1 - Specific operational restrictions related to dance or concert hall.

Effective 5/9/2017
32B-6-406.1.
Specific operational restrictions related to dance or concert hall.
(1) A minor who is at least 18 years of age may be admitted into, use, or be on the premises of a dance or concert hall if:
(a) the dance or concert hall is located:
(i) on the licensed premises of a bar licensee; or
(ii) on the property that immediately adjoins the licensed premises of and is operated by a bar licensee; and
(b) the bar licensee holds a permit to operate a dance or concert hall that was issued on or before May 11, 2009:
(i) on the basis of the operational requirements described in Subsection (2); and
(ii) when the bar licensee was licensed as a class D private club.
(2) A bar licensee that holds a dance or concert hall permit shall operate in such a way that:
(a) the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption is:
(i) not accessible to a minor;
(ii) clearly defined; and
(iii) separated from the dance or concert hall area by one or more walls, multiple floor levels, or other substantial physical barriers;
(b) a dispensing structure or area where alcoholic product is dispensed is not visible to a minor;
(c) consumption of an alcoholic product may not occur in:
(i) the dance or concert hall area; or
(ii) an area of the bar license premises accessible to a minor;
(d) the bar licensee maintains sufficient security personnel to prevent the passing of beverages from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption to:
(i) the dance or concert hall area; or
(ii) an area of the bar licensee premises accessible to a minor;
(e) there are one or more separate entrances, exits, and restroom facilities from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption than for:
(i) the dance or concert hall area; or
(ii) an area accessible to a minor; and
(f) the bar licensee complies with any other requirements imposed by the commission by rule.
(3)
(a) A minor under 18 years of age who is accompanied at all times by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if:
(i) the requirements of Subsection (2) are met; and
(ii) signage, product, and dispensing equipment containing recognition of an alcoholic product is not visible to the minor.
(b) A minor under 18 years of age but who is 14 years of age or older who is not accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if:
(i) the requirements of Subsections (2) and (3)(a) are met; and
(ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of the bar licensee.
(4) The commission may suspend or revoke a dance or concert permit issued to a bar licensee and suspend or revoke the license of the bar licensee if:
(a) the bar licensee fails to comply with the requirements in this section;
(b) the bar licensee sells, offers for sale, or furnishes an alcoholic product to a minor;
(c) the bar licensee or a supervisory or managerial level staff of the bar licensee is convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of an activity that occurs on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;
(d) there are three or more convictions of patrons of the bar licensee under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;
(iii) there is more than one conviction:
(A) of:
(I) the bar licensee;
(II) staff of the bar licensee;
(III) an entertainer contracted by the bar licensee; or
(IV) a patron of the bar licensee; and
(B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on:
(I) the licensed premises; or
(II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or
(e) the commission finds acts or conduct contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title that occurs on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee.
(5) Nothing in this section prohibits a bar licensee from selling, offering for sale, or furnishing an alcoholic product in a dance or concert area located on the bar licensed premises on days and times when the bar licensee does not allow a minor into those areas.
Amended by Chapter 455, 2017 General Session