reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 7 - Trade Practices Act › Section 706 - Commercial bribery.

32B-4-706.
Commercial bribery.
This section adopts and makes applicable to an industry member, including a beer industry member, doing business in this state, 27 U.S.C. Sec. 205(c) and 27 C.F.R. Sec. 10.1 through 10.54, which make it unlawful for an industry member, directly or indirectly, or through an affiliate, to induce a wholesaler or retailer engaged in the sale of an alcoholic product to purchase the industry member's products, to the complete or partial exclusion of alcoholic beverages sold or offered for sale by other persons, by commercial bribery, or by offering or giving a bonus, premium, compensation, or other thing of value, to any officer, employee, or representative of the wholesaler or retailer.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 7 - Trade Practices Act › Section 707 - Consignment sale.

32B-4-707.
Consignment sale.
(1) This section adopts and makes applicable to an industry member, including a beer industry member, doing business in this state, 27 U.S.C. Sec. 205(d) and 27 C.F.R. Sec. 11.1 through 11.46, which make it unlawful for an industry member, directly or indirectly, or through an affiliate to sell, offer for sale, or contract to sell to any wholesaler or retailer engaged in the sale of an alcoholic product, or for any wholesaler or retailer to purchase, offer to purchase, or contract to purchase any of those products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of the transaction involves, directly or indirectly, the acquisition by that person from the wholesaler or retailer or that person's agreement to acquire from the wholesaler or retailer other alcoholic beverages, if the sale, purchase, offer, or contract is made in the course of interstate or foreign commerce, or if the person or wholesaler or retailer engages in such practice to an extent so as substantially to restrain or prevent transactions in interstate or foreign commerce in any of those products or if the direct effect of the sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any of those products to the wholesaler or retailer in interstate or foreign commerce.
(2) This section does not apply to a transaction involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 7 - Trade Practices Act › Section 708 - Unlawful act involving consumers.

32B-4-708.
Unlawful act involving consumers.
(1)
(a) It is unlawful for an industry member, directly or indirectly, or through an affiliate, to give away any of its product to a person except for testing, analysis, and sampling purposes by the department or local industry representative licensee to the extent authorized by this title.
(b) This Subsection (1) does not preclude an industry member from serving its product to others at a private event hosted by the industry member in the industry member's home or elsewhere so long as the product is not served:
(i) as part of a promotion of the industry member's product; or
(ii) as a subterfuge to provide a sample to a person for product testing, analysis, or sampling purposes.
(2) It is unlawful for an industry member or retailer, directly or indirectly, or through an affiliate, to engage in an advertisement or promotional scheme that requires the purchase or sale of an alcoholic product, or consumption of an alcoholic product, in order to participate in a promotion, program, or other activity.
(3) It is unlawful for an industry member or retailer, directly or indirectly, or through an affiliate, to pay, give, or deliver to a person money or any other thing of value, including a rebate, refund, or prize, on the basis of the purchase, display, use, sale, or consumption of an alcoholic product.
(4) It is unlawful for an industry member or retailer to sponsor or underwrite an athletic, theatrical, scholastic, artistic, or scientific event that:
(a) overtly promotes the consumption of a product;
(b) offers a product to the general public without charge; or
(c) takes place on the premises of a school, college, university, or other educational institution.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 2 - Retail Licensing Process › Section 202 - Renewal requirements.

Effective 5/3/2023
32B-5-202.
Renewal requirements.
(1) A retail license expires each year on the day specified in the relevant chapter or part for that type of retail license.
(2)
(a) To renew a person's retail license, a retail licensee shall, on or before the day specified in the relevant chapter or part for the type of retail license that the person seeks to renew, submit:
(i) a completed renewal application in a form prescribed by the department;
(ii) a renewal fee in the amount specified in the relevant chapter or part for the type of retail license that the person seeks to renew;
(iii) a responsible alcohol service plan if, since the retail licensee's most recent application or renewal, the retail licensee:
(A) made substantial changes to the retail licensee's responsible alcohol service plan; or
(B) violated a provision of this chapter; and
(iv) a certification in a form prescribed by the department of the retail licensee's compliance with Section 32B-5-302.
(b) The department may audit a retail licensee's responsible alcohol service plan.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of the retail license effective on the day on which the existing retail license expires.
Amended by Chapter 400, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 2 - Retail Licensing Process › Section 204 - Bond for retail license.

Effective 5/12/2020
32B-5-204.
Bond for retail license.
(1)
(a) A retail licensee shall post a cash bond or surety bond:
(i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and
(ii) payable to the department.
(b) A retail licensee shall procure and maintain the bond required under this section for as long as the retail licensee continues to operate as a retail licensee.
(2) A bond required under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon the retail licensee's faithful compliance with this title and the rules of the commission.
(3)
(a) If a surety bond posted by a retail licensee under this section is canceled due to the retail licensee's negligence, the department may assess a $300 reinstatement fee.
(b) No part of a bond posted by a retail licensee under this section may be withdrawn:
(i) during the period the retail license is in effect; or
(ii) while a revocation proceeding is pending against the retail licensee.
(4)
(a) A bond posted under this section by a retail licensee may be forfeited if the retail license is revoked.
(b) Notwithstanding Subsection (4)(a), the department may make a claim against a bond posted by a retail licensee for money owed the department under this title without the commission first revoking the retail license.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 2 - Retail Licensing Process › Section 206 - Seasonal retail license.

32B-5-206.
Seasonal retail license.
(1) If authorized in the relevant part under Chapter 6, Specific Retail License Act, for the type of retail license, the commission may in accordance with this section issue a seasonal retail license located in an area the commission considers proper.
(2)
(a) A seasonal retail license shall be for a period of six consecutive months.
(b) A seasonal retail license issued for operation during a summer time period is known as a "Seasonal A" retail license. The period of operation for a Seasonal A retail license:
(i) begins on May 1; and
(ii) ends on October 31.
(c) A seasonal retail license issued for operation during a winter time period is known as a "Seasonal B" retail license. The period of operation for a Seasonal B retail license:
(i) begins on November 1; and
(ii) ends on April 30.
(3) In determining the number of each type of retail license that the commission may issue under the relevant part under Chapter 6, Specific Retail License Act:
(a) a seasonal retail license is counted as one-half of one retail license of the specific type of retail license; and
(b) each Seasonal A retail license shall be paired with a Seasonal B retail license of the same type of retail license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 302 - Recordkeeping -- Retention.

Effective 5/3/2023
32B-5-302.
Recordkeeping -- Retention.
(1)
(a) A retail licensee shall make and maintain a record showing in detail:
(i) quarterly expenditures made separately for:
(A) malt or brewed beverages;
(B) liquor;
(C) set-ups;
(D) food; and
(E) any other item required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) food; and
(D) any other item required by the department.
(b) A retail licensee shall make and maintain a record required by Subsection (1)(a):
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) A retail licensee shall support an expenditure by:
(i) a delivery ticket;
(ii) an invoice;
(iii) a receipted bill;
(iv) a canceled check;
(v) a petty cash voucher; or
(vi) other sustaining datum or memorandum.
(d) In addition to a record required under Subsection (1)(a), a retail licensee shall make and maintain any other record the department may require.
(2) After receiving written notice of an official proceeding or investigation under Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a violation of Section 41-6a-502 or 41-6a-517, a retail licensee shall retain a record that is relevant to the proceeding or investigation, including any video surveillance, for a period of at least two years after the day on which the notice is received.
(3)
(a) A record of a retail licensee is subject to inspection by an authorized representative of the commission or the department.
(b) A retail licensee shall allow the department, through an auditor or examiner of the department, to audit the records of the retail licensee at times the department considers advisable.
(4) Sections 32B-1-205 and 32B-4-505 apply to a record required to be made or maintained in accordance with this section.
Amended by Chapter 400, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 303 - Purchase and storage of an alcoholic product by a retail licensee.

Effective 5/14/2019
32B-5-303.
Purchase and storage of an alcoholic product by a retail licensee.
(1)
(a) A retail licensee may not purchase liquor except from a state store or package agency.
(b) A retail licensee may transport liquor purchased from a state store or package agency from the place of purchase to the licensed premises.
(c) A retail licensee shall pay for liquor in accordance with rules established by the commission.
(2)
(a)
(i) A retail licensee may not purchase, acquire, possess for the purpose of resale, or sell beer except beer that the retail licensee purchases from:
(A) a beer wholesaler licensee; or
(B) a small brewer that manufactures the beer.
(ii) Violation of this Subsection (2)(a) is a class A misdemeanor.
(b)
(i) If a retail licensee purchases beer under Subsection (2)(a) from a beer wholesaler licensee, the retail licensee shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the retail licensee is located, unless an alternate wholesaler is authorized by the department to sell to the retail licensee as provided in Section 32B-13-301.
(ii) Violation of Subsection (2)(b) is a class B misdemeanor.
(3) A retail licensee may not store, sell, offer for sale, or furnish an alcoholic product in a place other than as designated in the retail licensee's application, unless the retail licensee first applies for and receives approval from the department for a change of location within the licensed premises.
(4) A liquor storage area shall remain locked at all times except when:
(a) liquor sales are authorized by law; or
(b) the licensee:
(i) inventories or restocks the alcoholic product in the liquor storage area; or
(ii) repairs or cleans the liquor storage area.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 305 - Pricing of alcoholic product -- Other charge.

32B-5-305.
Pricing of alcoholic product -- Other charge.
(1)
(a) A retail licensee may sell, offer for sale, or furnish liquor only at a price fixed by the commission.
(b) A retail licensee may not sell an alcoholic product at a discount price on any date or at any time.
(2)
(a) A retail licensee may not sell, offer for sale, or furnish an alcoholic product at less than the cost of the alcoholic product to the retail licensee.
(b) A retail licensee may not sell, offer for sale, or furnish an alcoholic product at a special or reduced price that encourages overconsumption or intoxication.
(c) A retail licensee may not sell, offer for sale, or furnish an alcoholic product at a special or reduced price for only certain hours of the retail licensee's business day, such as a "happy hour."
(d) A retail licensee may not sell, offer for sale, or furnish more than one alcoholic product for the price of a single alcoholic product.
(e) A retail licensee may not sell, offer for sale, or furnish an indefinite or unlimited number of alcoholic products during a set period for a fixed price.
(f) A retail licensee may not engage in a promotion involving or offering a free alcoholic product to the general public.
(3) As authorized by commission rule, a retail licensee may charge a patron for providing:
(a) a service related to liquor purchased at the licensed premises; or
(b) wine service performed for wine carried in by a patron in accordance with Section 32B-5-307.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 306 - Purchasing or selling alcoholic product.

Effective 5/14/2019
32B-5-306.
Purchasing or selling alcoholic product.
(1) A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:
(a) a minor;
(b) a person actually, apparently, or obviously intoxicated;
(c) a known interdicted person; or
(d) a known habitual drunkard.
(2)
(a) A patron may only purchase an alcoholic product in the licensed premises of a retail licensee from and be served by an individual who is:
(i) staff of the retail licensee; and
(ii) designated and trained by the retail licensee to sell and serve an alcoholic product.
(b) An individual may sell, offer for sale, or furnish an alcoholic product to a patron only if the individual is:
(i) staff of the retail licensee; and
(ii) designated and trained by the retail licensee to sell and serve an alcoholic product.
(c) Notwithstanding Subsection (2)(a) or (b), a patron who purchases bottled wine from staff of the retail licensee or carries bottled wine onto the retail licensee's premises pursuant to Section 32B-5-307 may thereafter serve wine from the bottle to the patron or others at the patron's table.
(3) The following may not purchase an alcoholic product for a patron:
(a) a retail licensee; or
(b) staff of a retail licensee.
(4) After a retail licensee closes the retail licensee's business at the licensed premises, the retail licensee may transfer the retail licensee's inventory of alcoholic product from that premises to another premises licensed under this chapter that is owned by the same retail licensee.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 308 - Requirements on staff or others on premises -- Employing a minor.

Effective 5/14/2019
32B-5-308.
Requirements on staff or others on premises -- Employing a minor.
(1) Staff of a retail licensee, while on duty, may not:
(a) consume an alcoholic product; or
(b) be intoxicated.
(2)
(a) A retail licensee may not employ a minor to sell, offer for sale, furnish, or dispense an alcoholic product.
(b) Notwithstanding Subsection (2)(a), unless otherwise prohibited in the provisions related to the specific type of retail license, a retail licensee may employ a minor who is at least 16 years of age to enter the sale at a cash register or other sales recording device.
(3) A full-service restaurant licensee, limited-service restaurant licensee, or beer-only restaurant licensee may employ a minor who is at least 16 years of age to bus tables, including containers that contain an alcoholic product.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 309 - Ceasing operation.

Effective 5/3/2023
32B-5-309.
Ceasing operation.
(1) Except as provided in Subsection (8), a retail licensee may not close or cease operation for a period longer than 240 hours, unless:
(a) the retail licensee notifies the department in writing at least seven days before the day on which the retail licensee closes or ceases operation; and
(b) the closure or cessation of operation is first approved by the department.
(2) Notwithstanding Subsection (1), in the case of emergency closure, a retail licensee shall immediately notify the department by telephone.
(3)
(a) The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.
(b) Upon written request of the retail licensee and a showing of good cause, the department may extend the initial period described in Subsection (3)(a) for a period not to exceed the greater of:
(i) 30 days; or
(ii) the number of days until the day on which the commission holds the commission's next regularly scheduled meeting.
(4) A closure or cessation of operation may not exceed the time limits described in Subsection (3) without commission approval.
(5) A notice required under this section shall include:
(a) the dates of closure or cessation of operation;
(b) the reason for the closure or cessation of operation; and
(c) the date on which the retail licensee will reopen or resume operation.
(6) If a retail licensee fails to provide notice and to obtain department approval before closure or cessation of operation, the commission may:
(a) suspend, revoke, or deem forfeited the retail license; or
(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.
(7) If a retail licensee fails to reopen or resume operation by the date approved under Subsections (3) and (4), the commission may:
(a) suspend, revoke, or deem forfeited the retail license; or
(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.
(8) This section does not apply to:
(a) an on-premise beer retailer who is not a tavern;
(b) an airport lounge licensee; or
(c) a hospitality amenity licensee.
(9) For purposes of this section, the department may not base a determination that a retail licensee has ceased operation solely upon the retail licensee's lack of sales.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 5 - Retail License Act › Part 3 - Retail Licensee Operational Requirements › Section 311 - Use of breathalyzers.

Effective 5/13/2014
32B-5-311.
Use of breathalyzers.
(1) As used in this section:
(a) "Breathalyzer" means:
(i) a device that uses electromechanical fuel cell sensor technology in the blood alcohol content testing process; or
(ii) a single-use, disposable alcohol breath tester that is cleared with the United States Food and Drug Administration as a Class 1 medical device with at least 99.8% accuracy and having a detection cut-off of 0.08 relative percent blood alcohol concentration.
(b) "Calibration" means the manual setting of specific levels on a breathalyzer by a person trained to reset the device to ensure as accurate results as possible.
(c)
(i) "Financial transaction card" means a card, code, or other means of access to a person's account issued to a person that allows the person to obtain, purchase, or receive goods, services, money, or anything else of value.
(ii) "Financial transaction card" includes:
(A) a credit card;
(B) a credit plate;
(C) a bank services card;
(D) a banking card;
(E) a check guarantee card;
(F) a debit card;
(G) a telephone credit card; or
(H) a device for access as defined in Section 7-16a-102.
(2) If a retail licensee voluntarily installs, or sells or otherwise provides, a breathalyzer on its premises:
(a) the breathalyzer may not store financial transaction card data or associate breathalyzer results with financial transaction card data;
(b) for a breathalyzer described in Subsection (1)(a)(i):
(i) the breathalyzer shall collect data that can be downloaded by a third-party that performs the calibration of the breathalyzer, except that the downloaded information may not be used for any purpose other than calibration;
(ii) the retail licensee shall ensure that a breathalyzer installed inside of the licensed premises is calibrated by a third-party the sooner of every:
(A) 30 days; or
(B) 300 uses;
(iii) the owner of the breathalyzer shall annually report to the department compliance with the calibration requirements of this section for the breathalyzer; and
(iv) the breathalyzer may be able to be shut down remotely; and
(c) the retail licensee shall post in a conspicuous location by the breathalyzer:
(i) a notice to the user of the breathalyzer that the timing of when a breathalyzer test is taken may affect the results of the breathalyzer test; and
(ii) a notice that states: "The National Transportation Safety Board has found that crash risk is consistently and significantly elevated by the time an individual reaches a blood alcohol content of 0.05."
(3) Data from a breathalyzer installed in the licensed premises of, or sold or otherwise provided by, a retail licensee may not be used for enforcement purposes.
(4) If a retail licensee or owner of the breathalyzer violates this section, the department may require the retail licensee to remove the installed breathalyzer described in Subsection (1)(a)(i) or not sell or otherwise provide a breathalyzer described in Subsection (1)(a)(ii).
Enacted by Chapter 235, 2014 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 2 - Full-Service Restaurant License › Section 202 - Definitions.

Effective 7/1/2022
32B-6-202.
Definitions.
As used in this part:
(1)
(a) "Dining area" means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
(b) "Dining area" does not include a dispensing area.
(2)
(a) "Dispensing area" means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
(i) 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 alcoholic product;
(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
(iii) 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:
(A) at least 42 inches high; and
(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
(b) "Dispensing area" does not include any area described in Subsection (2)(a)(ii) that is less than 10 feet from an area where alcoholic product is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of alcoholic product.
(3) "Small full-service restaurant licensee" means a converted full-service restaurant licensee as defined in Section 32B-6-404.1 or a full-service restaurant licensee that has a grandfathered bar structure, whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(a) when measured in accordance with Subsection (2)(a)(ii); and
(b) based on the licensee's floor plan on file with the department on July 1, 2017.
(4) "Waiting area" includes a lobby.
Amended by Chapter 249, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 2 - Full-Service Restaurant License › Section 203 - Commission's power to issue full-service restaurant license.

Effective 5/3/2023
32B-6-203.
Commission's power to issue full-service restaurant license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on its premises as a full-service restaurant, the person shall first obtain a full-service restaurant license from the commission in accordance with this part.
(2) The commission may issue a full-service restaurant license to establish full-service restaurant 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 as a full-service restaurant.
(3) Subject to Section 32B-1-201:
(a) the commission may not issue a total number of full-service restaurant licenses that at any time exceeds the sum of:
(i) 30; and
(ii) the number determined by dividing the population of the state by 4,467;
(b) the commission may issue a seasonal full-service restaurant license in accordance with Section 32B-5-206; and
(c)
(i) if the location, design, and construction of a hotel may require more than one full-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as many as three full-service restaurant locations within the hotel under one full-service restaurant license if:
(A) the hotel has a minimum of 150 guest rooms; and
(B) the locations under the full-service restaurant license are:
(I) within the same hotel; and
(II) on premises that are managed or operated, and owned or leased, by the full-service restaurant licensee; and
(ii) except for a hotel, a facility shall have a separate full-service restaurant license for each full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a full-service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5) To be licensed as a full-service restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include:
(a) mix for an alcoholic product; or
(b) a service charge.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 2 - Full-Service Restaurant License › Section 204 - Specific licensing requirements for full-service restaurant license.

Effective 5/9/2017
32B-6-204.
Specific licensing requirements for full-service restaurant license.
(1) To obtain a full-service restaurant license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A full-service restaurant license expires on October 31 of each year.
(b) To renew a person's full-service restaurant license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for a full-service restaurant license is $330.
(b) The initial license fee for a full-service restaurant license is $2,200.
(c) The renewal fee for a full-service restaurant license is $1,650.
(4) The bond amount required for a full-service restaurant license is the penal sum of $10,000.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 2 - Full-Service Restaurant License › Section 205.4 - Small full-service restaurant licensee -- Exemption.

Effective 5/8/2018
32B-6-205.4.
Small full-service restaurant licensee -- Exemption.
(1) Notwithstanding the provisions of Section 32B-6-205 or 32B-6-205.2 and subject to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing area of a small full-service restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small full-service restaurant licensee applies for and obtains approval from the department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small full-service restaurant licensee demonstrates that the small full-service restaurant licensee meets the requirements described in Subsection 32B-6-202(3); and
(b) for each application described in Subsection (1)(c) that the department receives on or before May 8, 2018, act on the application on or before July 1, 2018.
Enacted by Chapter 249, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 3 - Limited-Service Restaurant License › Section 302 - Definitions.

Effective 7/1/2022
32B-6-302.
Definitions.
As used in this part:
(1)
(a) "Dining area" means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
(b) "Dining area" does not include a dispensing area.
(2)
(a) "Dispensing area" means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
(i) 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 alcoholic product;
(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
(iii) 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:
(A) at least 42 inches high; and
(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
(b) "Dispensing area" does not include any area described in Subsection (2)(a)(ii) that is less than 10 feet from an area where alcoholic product is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of alcoholic product.
(3) "Small limited-service restaurant licensee" means a limited-service restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(a) when measured in accordance with Subsection (2)(a)(ii); and
(b) based on the licensee's floor plan on file with the department on July 1, 2017.
(4) "Waiting area" includes a lobby.
Amended by Chapter 249, 2018 General Session
Amended by Chapter 313, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 3 - Limited-Service Restaurant License › Section 303 - Commission's power to issue limited-service restaurant license.

Effective 5/14/2019
32B-6-303.
Commission's power to issue limited-service restaurant license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of wine, heavy beer, or beer on its premises as a limited-service restaurant, the person shall first obtain a limited-service restaurant license from the commission in accordance with this part.
(2)
(a) The commission may issue a limited-service restaurant license to establish limited-service restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of wine, heavy beer, or beer on premises operated as a limited-service restaurant.
(b) A person may not sell, offer for sale, furnish, or allow the consumption of the following on the licensed premises of a limited-service restaurant licensee:
(i) spirituous liquor; or
(ii) a flavored malt beverage.
(3) Subject to Section 32B-1-201:
(a) The commission may not issue a total number of limited-service restaurant licenses that at any time exceeds the number determined by dividing the population of the state by 6,817.
(b) The commission may issue a seasonal limited-service restaurant license in accordance with Section 32B-5-206.
(c)
(i) If the location, design, and construction of a hotel may require more than one limited-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale of wine, heavy beer, and beer at as many as three limited-service restaurant locations within the hotel under one limited-service restaurant license if:
(A) the hotel has a minimum of 150 guest rooms; and
(B) the locations under the limited-service restaurant license are:
(I) within the same hotel; and
(II) on premises that are managed or operated, and owned or leased, by the limited-service restaurant licensee.
(ii) A facility other than a hotel shall have a separate limited-service restaurant license for each limited-service restaurant where wine, heavy beer, or beer is sold, offered for sale, or furnished.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a limited-service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5) To be licensed as a limited-service restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include:
(a) mix for an alcoholic product; or
(b) a service charge.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 3 - Limited-Service Restaurant License › Section 304 - Specific licensing requirements for limited-service restaurant license.

Effective 3/18/2016
32B-6-304.
Specific licensing requirements for limited-service restaurant license.
(1) To obtain a limited-service restaurant license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A limited-service restaurant license expires on October 31 of each year.
(b) To renew a person's limited-service restaurant license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for a limited-service restaurant license is $330.
(b) The initial license fee for a limited-service restaurant license is $1,275.
(c) The renewal fee for a limited-service restaurant license is $750.
(4) The bond amount required for a limited-service restaurant license is the penal sum of $5,000.
Amended by Chapter 82, 2016 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 3 - Limited-Service Restaurant License › Section 305.4 - Small limited-service restaurant licensee -- Exemption.

Effective 5/8/2018
32B-6-305.4.
Small limited-service restaurant licensee -- Exemption.
(1) Notwithstanding the provisions of Section 32B-6-305 or 32B-6-305.2 and subject to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing area of a small limited-service restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small limited-service restaurant licensee applies for and obtains approval from the department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small limited-service restaurant licensee demonstrates that the small limited-service restaurant licensee meets the requirements described in Subsection 32B-6-302(5); and
(b) for each application described in Subsection (1)(c) that the department receives on or before May 8, 2018, act on the application on or before July 1, 2018.
Enacted by Chapter 249, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 4 - Bar Establishment License › Section 405 - Specific licensing requirements for bar establishment license.

Effective 5/9/2017
32B-6-405.
Specific licensing requirements for bar establishment license.
(1) To obtain a bar establishment license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the written application:
(a)
(i) a statement as to whether the person is seeking to qualify as:
(A) an equity licensee;
(B) a fraternal licensee;
(C) a dining club licensee; or
(D) a bar licensee; and
(ii) evidence that the person meets the requirements for the type of bar establishment license for which the person is applying;
(b) evidence that the person operates a premises where a variety of food is prepared and served in connection with dining accommodations; and
(c) if the person is applying for an equity license or fraternal license, a copy of the entity's bylaws or house rules, and an amendment to those records.
(2) The commission may refuse to issue a bar establishment license to a person for an equity license or fraternal license if the commission determines that a provision of the person's bylaws or house rules, or amendments to those records is not:
(a) reasonable; and
(b) consistent with:
(i) the declared nature and purpose of the bar establishment licensee; and
(ii) the purposes of this part.
(3)
(a) A bar establishment license expires on June 30 of each year.
(b) To renew a bar establishment license, a person shall comply with the requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than May 31.
(4)
(a) The nonrefundable application fee for a bar establishment license is $300.
(b) The initial license fee for a bar establishment license is $2,750.
(c) The renewal fee for a bar establishment license is $2,000.
(5) The bond amount required for a bar establishment license is the penal sum of $10,000.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 4 - Bar Establishment License › Section 408 - Information obtained by investigator.

Effective 5/9/2017
32B-6-408.
Information obtained by investigator.
(1) Subject to Subsection (2), if an investigator is permitted by another provision of this title to inspect a record of a bar establishment licensee, in addition to any other rights under this title, the investigator may inspect, have a copy of, or otherwise review any record of the bar establishment licensee that is a visual recording of the operations of the bar establishment licensee.
(2) An investigator who is a peace officer may not inspect, have a copy of, or otherwise review a visual recording described in Subsection (1) without probable cause.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 5 - Airport Lounge License › Section 502 - Definitions.

32B-6-502.
Definitions.
As used in this chapter, "total passengers" means the number of total passengers in a calendar year that is reported in the most current comprehensive annual financial report for the airport in which an airport lounge is located.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 5 - Airport Lounge License › Section 503 - Commission's power to issue airport lounge license.

Effective 5/3/2023
32B-6-503.
Commission's power to issue airport lounge license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on its premises as an airport lounge licensee, the person shall first obtain an airport lounge license from the commission in accordance with this part.
(2) Subject to Subsection (3), the commission may issue an airport lounge license:
(a) to establish airport lounge licensed premises beyond the security point at an international airport or a domestic airport; and
(b) in the numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on licensed premises operated as an airport lounge.
(3)
(a) The commission may not issue more than 26 airport lounge licenses for an international airport at any time.
(b) The commission may not issue a total number of domestic airport airport lounge licenses that at any time exceeds three.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 5 - Airport Lounge License › Section 504 - Specific licensing requirements for airport lounge license.

32B-6-504.
Specific licensing requirements for airport lounge license.
(1) To obtain an airport lounge license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the written application:
(a) both the written consent of the local authority and the written consent of the airport authority; and
(b) a copy of the sign proposed to be used by the airport lounge licensee on its licensed premises to inform the public that alcoholic products are sold and consumed on the licensed premises.
(2)
(a) An airport lounge license expires on October 31 of each year.
(b) To renew a person's airport lounge license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(a) The nonrefundable application fee for an airport lounge license is $300.
(b) The initial license fee for an airport lounge license is $8,000.
(c) The renewal fee for an airport lounge license is $6,000.
(4) The bond amount required for an airport lounge license is the penal sum of $10,000.
(5) An airport lounge license is not subject to the proximity requirements of Section 32B-1-202.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 5 - Airport Lounge License › Section 505 - Specific operational requirements for an airport lounge license.

32B-6-505.
Specific operational requirements for an airport lounge license.
(1)
(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an airport lounge licensee and staff of the airport lounge licensee shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) an airport lounge licensee;
(ii) individual staff of an airport lounge licensee; or
(iii) both an airport lounge licensee and staff of the airport lounge licensee.
(2) In addition to complying with Subsection 32B-5-301(3), an airport lounge licensee shall display in a prominent place in the airport lounge:
(a) a list of the types and brand names of liquor being furnished through airport lounge licensee's calibrated metered dispensing system; and
(b) a sign to inform the public that alcoholic products are sold and consumed on the licensed premises.
(3) Notwithstanding Section 32B-5-307:
(a) An airport lounge licensee may not permit a patron to bring a bottled wine onto the premises of the retail licensee.
(b) An airport lounge licensee may not permit a patron to remove an alcoholic product from the licensed premises.
(4)
(a) A server of an alcoholic product in an airport lounge licensee's premises shall make a written beverage tab for each table or group that orders or consumes an alcoholic product on the premises.
(b) A beverage tab required by this Subsection (4) shall list the type and amount of an alcoholic product ordered or consumed.
(5) An airport lounge licensee may not sell, offer for sale, or furnish an alcoholic product at an airport lounge on any day during a period that:
(a) begins at midnight; and
(b) ends at 7:59 a.m.
(6)
(a) Subject to the other provisions of this Subsection (6), a patron may not have more than two alcoholic products of any kind at a time before the patron.
(b) A patron may not have two spirituous liquor drinks before the patron if one of the spirituous liquor drinks consists only of the primary spirituous liquor for the other spirituous liquor drink.
(c) An individual portion of wine is considered to be one alcoholic product under this Subsection (6).
(7) An airport lounge licensee may state in a food or alcoholic product menu a charge or fee made in connection with the sale, furnishing, or consumption of liquor menu including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(8) An airport lounge liquor licensee's premises may not be leased for a private event.
Enacted by Chapter 276, 2010 General Session