2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 6 - Specific Retail License Act › Part 9 - Beer-Only Restaurant License › Section 905.1 - Specific operational requirements for a beer-only restaurant license -- On and after July 1, 2018, or July 1, 2022.

Effective 5/3/2023
32B-6-905.1.
Specific operational requirements for a beer-only restaurant license -- On and after July 1, 2018, or July 1, 2022.
(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.
(b) Failure to comply with Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a beer-only restaurant licensee;
(ii) individual staff of a beer-only restaurant licensee; or
(iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
(2)
(a) A beer-only restaurant licensee on the licensed premises may not sell, offer for sale, furnish, or allow consumption of liquor.
(b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
(i) as a flavoring on a dessert; or
(ii) in the preparation of a flaming food dish, drink, or dessert.
(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.
(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:
(a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(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)
(a) A beer-only restaurant licensee may not furnish beer for on-premise consumption except after:
(i) the patron to whom the beer-only restaurant licensee furnishes the beer is seated at:
(A) a table that is located in a dining area or a dispensing area;
(B) a counter that is located in a dining area or a dispensing area; or
(C) a dispensing structure that is located in a dispensing area; and
(ii) the beer-only restaurant licensee confirms that the patron intends to:
(A) order food prepared, sold, and furnished at the licensed premises; and
(B) except as provided in Subsection (6)(b), consume the food at the same location where the patron is seated and furnished the beer.
(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:
(A) the patron is in a dispensing area and seated at a table, counter, or dispensing structure; and
(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.
(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.
(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.
(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.
(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:
(a) a table that is located in a dining area or a dispensing area;
(b) a counter that is located in a dining area or a dispensing area; or
(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)
(a) Except as provided in Subsection (10)(b), a minor may not sit, remain, or consume food or beverages in a dispensing area.
(b)
(i) A minor may be in a dispensing area if the minor is:
(A) at least 16 years old and working as an employee of the beer-only restaurant licensee; or
(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.
(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:
(a) the beer is dispensed from:
(i) a dispensing structure that is located in a dispensing area;
(ii) an area that is:
(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
(B) apart from an area used for dining, for staging, or as a waiting area; or
(iii) the premises of a bar licensee that is:
(A) owned by the same person or persons as the beer-only restaurant licensee; and
(B) located immediately adjacent to the premises of the beer-only restaurant licensee; and
(b) any instrument or equipment used to dispense the beer is located in an area described in Subsection (11)(a).
(12)
(a) A beer-only restaurant licensee may have more than one dispensing area in the licensed premises.
(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)
(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:
(i) a record required by Subsection 32B-5-302(1); and
(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.
(b) The department shall audit the records of a beer-only restaurant licensee at least once annually.
Amended by Chapter 371, 2023 General Session
Amended by Chapter 400, 2023 General Session