State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-06 > 32b-6-102-effective-07-01-11

32B-6-102 (Effective 07/01/11). Definitions.
As used in this chapter:
(1) (a) "Grandfathered bar structure" means a bar structure in a licensed premises of afull-service restaurant licensee or limited-service restaurant licensee that:
(i) as of May 11, 2009, has:
(A) patron seating at the bar structure;
(B) a partition at one or more locations on the bar structure that is along:
(I) the width of the bar structure; or
(II) the length of the bar structure; and
(C) facilities for the dispensing or storage of an alcoholic product:
(I) on the portion of the bar structure that is separated by the partition described inSubsection (1)(a)(i)(B); or
(II) if the partition is described in Subsection (1)(a)(i)(B)(II), adjacent to the bar structurein a manner visible to a patron sitting at the bar structure;
(ii) is not operational as of May 12, 2009, if:
(A) a person applying for a full-service restaurant license or limited-service restaurantlicense:
(I) has as of May 12, 2009, a building permit to construct the restaurant;
(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission; and
(III) is issued the full-service restaurant license or limited-service restaurant license by nolater than December 31, 2009; and
(B) once constructed, the licensed premises has a bar structure described in Subsection(1)(a)(i);
(iii) as of May 12, 2009, has no patron seating at the bar structure; or
(iv) is not operational as of May 12, 2009, if:
(A) a person applying for a full-service restaurant license or limited-service restaurantlicense:
(I) has as of May 12, 2009, a building permit to construct the restaurant;
(II) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission; and
(III) is issued a full-service restaurant license or limited-service restaurant license by nolater than December 31, 2009; and
(B) once constructed, the licensed premises has a bar structure with no patron seating.
(b) "Grandfathered bar structure" does not include a grandfathered bar structuredescribed in Subsection (1)(a) on or after the day on which a restaurant remodels thegrandfathered bar structure, as defined by rule made by the commission.
(c) Subject to Subsection (1)(b), a grandfathered bar structure remains a grandfatheredbar structure notwithstanding whether a restaurant undergoes a change of ownership.
(2) "Seating grandfathered bar structure" means a grandfathered bar structure describedin Subsection (1)(a)(i) or (ii).

Enacted by Chapter 276, 2010 General Session