State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-04 > 32a-4-106-repealed-07-01-11

32A-4-106 (Repealed 07/01/11). Operational restrictions.
A person granted a restaurant liquor license and the employees and managementpersonnel of the restaurant shall comply with the following conditions and requirements. Failureto comply may result in a suspension or revocation of the restaurant liquor license or otherdisciplinary action taken against individual employees or management personnel.
(1) (a) Liquor may not be purchased by a restaurant liquor licensee except from a statestore or package agency.
(b) Liquor purchased from a state store or package agency may be transported by therestaurant liquor licensee from the place of purchase to the licensed premises.
(c) Payment for liquor shall be made in accordance with rules established by thecommission.
(2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in aquantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metereddispensing system approved by the department in accordance with commission rules adoptedunder this title, except that:
(a) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used as a secondary flavoring ingredient in a beverage subject to the followingrestrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of aprimary spirituous liquor;
(ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
(iii) the restaurant liquor licensee shall designate a location where flavorings are storedon the floor plan provided to the department; and
(iv) a flavoring container shall be plainly and conspicuously labeled "flavorings";
(b) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used:
(i) as a flavoring on a dessert; and
(ii) in the preparation of a flaming food dish, drink, or dessert;
(c) a restaurant patron may have no more than 2.5 ounces of spirituous liquor at a time;and
(d) a restaurant patron may have no more than one spirituous liquor drink at a time beforethe patron.
(3) (a) (i) Wine may be sold and served by the glass or in an individual portion not toexceed five ounces per glass or individual portion.
(ii) An individual portion of wine may be served to a patron in more than one glass aslong as the total amount of wine does not exceed five ounces.
(iii) An individual portion of wine is considered to be one alcoholic beverage underSubsection (7)(g).
(b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a pricefixed by the commission to a table of four or more persons.
(ii) Wine may be sold and served in a container not exceeding 750 milliliters at a pricefixed by the commission to a table of less than four persons.
(c) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine purchased at the restaurant.
(4) (a) Heavy beer may be served in an original container not exceeding one liter at a

price fixed by the commission.
(b) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(c) A service charge may be assessed by a restaurant liquor licensee as authorized bycommission rule for heavy beer or a flavored malt beverage purchased at the restaurant.
(5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant liquor licensee may sell beer foron-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual patron in a size of containerthat exceeds one liter.
(b) A restaurant liquor licensee that sells beer pursuant to Subsection (5)(a):
(i) may do so without obtaining a separate on-premise beer retailer license from thecommission; and
(ii) shall comply with all appropriate operational restrictions under Chapter 10, BeerRetailer Licenses, that apply to an on-premise beer retailer except when those restrictions areinconsistent with or less restrictive than the operational restrictions under this part.
(c) Failure to comply with the operational restrictions under Chapter 10, Beer RetailerLicenses, required by Subsection (5)(b) may result in a suspension or revocation of therestaurant's:
(i) state liquor license; and
(ii) alcoholic beverage license issued by the local authority.
(6) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the restaurant liquor licensee's application, unless the restaurant liquor licensee firstapplies for and receives approval from the department for a change of location within therestaurant.
(7) (a) (i) As used in this Subsection (7), and subject to Subsection (7)(a)(ii),"grandfathered bar structure" means a bar structure in a restaurant that:
(A) as of May 11, 2009 has:
(I) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the width of thebar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage on the portion of thebar structure that is separated by the partition described in Subsection (7)(a)(i)(A)(I)(Bb); or
(II) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the length ofthe bar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage:
(Ii) on the portion of the bar structure that is separated by a partition described inSubsection (7)(a)(i)(A)(II)(Bb); or
(IIii) adjacent to the bar structure in a manner visible to a patron sitting at the barstructure;
(B) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:

(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(C)(I) has a bar structure described inSubsection (7)(a)(i)(A);
(C) as of May 12, 2009, has no patron seating at the bar structure; or
(D) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:
(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(D)(I) has a bar structure described inSubsection (7)(a)(i)(C).
(ii) "Grandfathered bar structure" does not include a grandfathered bar structuredescribed in Subsection (7)(a)(i) on or after the day on which a restaurant remodels thegrandfathered bar structure, as defined by rule made by the commission in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) Subject to Subsection (7)(a)(ii), a grandfathered bar structure remains agrandfathered bar structure notwithstanding whether the restaurant undergoes a change ofownership.
(b) (i) A patron may only make an alcoholic beverage purchase in the restaurant from andbe served by a person employed, designated, and trained by the restaurant liquor licensee to selland serve an alcoholic beverage.
(ii) Only a person employed, designated, and trained by a restaurant liquor licensee maysell, serve, or deliver an alcoholic beverage to a patron of a restaurant.
(iii) Notwithstanding Subsection (7)(b)(i) or (ii), a patron who purchases bottled winefrom an employee of the restaurant or carries bottled wine onto the premises of the restaurantpursuant to Subsection (14) may thereafter serve wine from the bottle to the patron or others atthe patron's table.
(c) A patron may consume an alcoholic beverage only:
(i) at:
(A) the patron's table;
(B) a counter; or
(C) a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); and
(ii) where food is served.
(d) (i) An alcoholic beverage may not be served to or consumed by a patron at a barstructure that is not a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B).
(ii) A patron who is 21 years of age or older may:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B);

(B) be served an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B); and
(C) consume an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B).
(iii) Except as provided in Subsection (7)(d)(iv), a restaurant liquor licensee may notpermit a minor to, and a minor may not:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); or
(B) consume food or beverages at a bar structure described in Subsection (7)(a)(i)(A) or(B).
(iv) (A) A minor may be at a grandfathered bar structure described in Subsection(7)(a)(i)(A) or (B) if the minor is employed by a restaurant liquor licensee:
(I) as provided in Subsection (16)(b); or
(II) to perform maintenance and cleaning services during an hour when the restaurantliquor licensee is not open for business.
(B) A minor may momentarily pass by a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B) without remaining or sitting at the bar structure en route to an areaof a restaurant liquor licensee's premises in which the minor is permitted to be.
(e) Except as provided in Subsection (14), a restaurant liquor licensee may dispense analcoholic beverage only:
(i) from:
(A) a grandfathered bar structure;
(B) an area adjacent to a grandfathered bar structure that is visible to a patron sitting atthe grandfathered bar structure if that area is used to dispense an alcoholic beverage or alcoholicproduct as of May 12, 2009; or
(C) an area that is:
(I) separated from an area for the consumption of food by a restaurant patron by a solid,opaque, permanent structural barrier such that the facilities for the dispensing or storage of analcoholic beverage or alcoholic product are:
(Aa) not readily visible to a restaurant patron; and
(Bb) not accessible by a restaurant patron; and
(II) apart from an area used:
(Aa) for dining;
(Bb) for staging; or
(Cc) as a lobby or waiting area;
(ii) if the restaurant liquor licensee uses an alcoholic beverage or alcoholic product thatis:
(A) stored in an area described in Subsection (7)(e)(i); or
(B) on the premises of the restaurant liquor licensee in an area not described inSubsection (7)(e)(i) if:
(I) immediately before the alcoholic beverage or alcoholic product is dispensed it is in anunopened package;
(II) the unopened package is taken to an area described in Subsection (7)(e)(i) before it isopened; and
(III) once opened, the package is kept in an area described in Subsection (7)(e)(i); and
(iii) if any instrument or equipment used to dispense an alcoholic beverage or alcoholic

product is located in an area described in Subsection (7)(e)(i).
(f) (i) A restaurant liquor licensee that has a grandfathered bar structure may receive acredit for purchases from a state store or package agency if:
(A) the restaurant liquor licensee completes a remodel of the grandfathered bar structureby no later than December 31, 2011;
(B) the remodeling described in Subsection (7)(f)(i)(A) results in the restaurant engagingin an activity described in Subsection (7)(e) only in an area described in Subsection (7)(e)(i)(C);
(C) the restaurant liquor licensee requests the credit by no later than April 1, 2012;
(D) the department determines that the restaurant liquor licensee has completed aremodel described in Subsections (7)(f)(i)(A) and (B); and
(E) the department authorizes the credit, including the amount of the credit underSubsection (7)(f)(ii), on the basis that:
(I) the restaurant liquor licensee complied with this Subsection (7); and
(II) the aggregate of credits authorized under this Subsection (7)(f) and Subsection32A-4-307(7)(f) before the current authorization does not exceed the amount described inSubsection (7)(f)(v)(A).
(ii) The amount of the credit described in this Subsection (7)(f) is the lesser of:
(A) the actual costs of the remodel as evidenced by receipts, copies of which areprovided to the department as part of the request for the credit; or
(B) $30,000.
(iii) For a restaurant liquor licensee, a credit under this Subsection (7)(f):
(A) begins on the day on which the department authorizes the credit under Subsection(7)(f)(i); and
(B) ends the day on which the restaurant liquor licensee uses all of the credit.
(iv) The department shall by contract provide for how a package agency accounts for acredit purchase made at the package agency by a restaurant liquor licensee under this Subsection(7)(f).
(v) (A) Notwithstanding the other provisions of this Subsection (7)(f), the departmentmay not authorize a credit if the aggregate of credits authorized under this Subsection (7)(f) andSubsection 32A-4-307(7)(f) before the department authorizes the credit exceeds:
(I) $1,000,000, for the aggregate of credits under this Subsection (7)(f) and Subsection32A-4-307(7)(f), if the credit could be used on or before June 30, 2010; and
(II) subject to Subsection (7)(v)(A)(I), $1,090,000 for the aggregate of all credits that canbe authorized under this Subsection (7)(f) and Subsection 32A-4-307(7)(f).
(B) The department shall authorize credits in the order that the department receives arequest described in Subsection (7)(f)(i)(C) from a restaurant liquor licensee requesting a creditunder this Subsection (7)(f).
(g) A restaurant patron may have no more than two alcoholic beverages of any kind at atime before the patron, subject to the limitation in Subsection (2)(d).
(8) (a) A liquor storage area shall remain locked at all times other than those hours anddays when liquor sales are authorized by law.
(b) A restaurant liquor licensee shall store an alcoholic beverage or alcoholic product in astorage area described in Subsection (7)(e)(i).
(9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at arestaurant of a restaurant liquor licensee on any day after 12 midnight or before 12 noon.

(b) The hours of beer sales and service are those specified in Chapter 10, Beer RetailerLicenses, for on-premise beer licensees.
(10) An alcoholic beverage may not be sold except in connection with an order for foodprepared, sold, and served at the restaurant.
(11) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(12) (a) (i) Liquor may be sold only at a price fixed by the commission.
(ii) Liquor may not be sold at a discount price on any date or at any time.
(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the restaurant liquor licensee.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of a restaurant liquor licensee's business day such as a "happy hour."
(e) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(f) An indefinite or unlimited number of alcoholic beverages during a set period may notbe sold or served for a fixed price.
(g) A restaurant liquor licensee may not engage in a public promotion involving oroffering free an alcoholic beverage to the general public.
(13) An alcoholic beverage may not be purchased for a patron of a restaurant by:
(a) the restaurant liquor licensee; or
(b) an employee or agent of the restaurant liquor licensee.
(14) (a) A person may not bring onto the premises of a restaurant liquor licensee analcoholic beverage for on-premise consumption, except a person may bring, subject to thediscretion of the restaurant liquor licensee, bottled wine onto the premises of a restaurant liquorlicensee for on-premise consumption.
(b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or anofficer, manager, employee, or agent of the restaurant liquor licensee may not allow:
(i) a person to bring onto the restaurant premises an alcoholic beverage for on-premiseconsumption; or
(ii) consumption of an alcoholic beverage described in this Subsection (14) on therestaurant liquor licensee's premises.
(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server orother representative of the restaurant liquor licensee upon entering the restaurant.
(d) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine carried in by a patron.
(15) (a) Except as provided in Subsection (15)(b), a restaurant liquor licensee or anemployee of the restaurant liquor licensee may not permit a restaurant patron to carry from therestaurant premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains an alcoholic beverage.

(b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from therestaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or broughtonto the premises of the restaurant in accordance with Subsection (14), only if the bottle isrecorked or recapped before removal.
(16) (a) A restaurant liquor licensee may not employ a minor to sell or dispense analcoholic beverage.
(b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may beemployed to enter the sale at a cash register or other sales recording device.
(17) An employee of a restaurant liquor licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(18) A charge or fee made in connection with the sale, service, or consumption of liquormay be stated in food or alcoholic beverage menus including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(19) A restaurant liquor licensee shall display in a prominent place in the restaurant:
(a) the liquor license that is granted by the department;
(b) a list of the types and brand names of liquor being served through its calibratedmetered dispensing system; and
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(20) A restaurant liquor licensee may not on the premises of the restaurant liquorlicensee:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(21) (a) A restaurant liquor licensee shall maintain an expense ledger or record showingin detail:
(i) quarterly expenditures made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) liquor;
(D) food; and
(E) all other items required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) food; and
(D) all other items required by the department.

(b) A restaurant liquor licensee shall keep a record required by Subsection (21)(a):
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) An expenditure shall be supported 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 ledger or record required under Subsection (21)(a), a restaurant liquorlicensee shall maintain accounting and other records and documents as the department mayrequire.
(e) A restaurant liquor licensee or person acting for the restaurant, who knowingly forges,falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or otherdocument of the restaurant that is required to be made, maintained, or preserved by this title orthe rules of the commission for the purpose of deceiving the commission or the department, or anofficial or employee of the commission or department, is subject to:
(i) the suspension or revocation of the restaurant's liquor license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(22) (a) A restaurant liquor licensee may not close or cease operation for a period longerthan 240 hours, unless:
(i) the restaurant liquor licensee notifies the department in writing at least seven daysbefore the day on which the restaurant liquor licensee closes or ceases operation; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (22)(a), in the case of emergency closure, the restaurantliquor licensee shall immediately notify the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation for a period notto exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon:
(A) written request of the restaurant liquor licensee; and
(B) a showing of good cause.
(iii) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(d) A notice shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the restaurant liquor licensee will reopen or resume operation.
(e) Failure of the restaurant liquor licensee to provide notice and to obtain departmentauthorization before closure or cessation of operation results in an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year effectiveimmediately.
(f) Failure of the restaurant liquor licensee to reopen or resume operation by theapproved date results in an automatic forfeiture of:

(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(23) A restaurant liquor licensee shall maintain at least 70% of its total restaurantbusiness from the sale of food, which does not include mix for an alcoholic beverage or servicecharges.
(24) A restaurant liquor license may not be transferred from one location to another,without prior written approval of the commission.
(25) (a) A person, having been granted a restaurant liquor license may not sell, transfer,assign, exchange, barter, give, or attempt in any way to dispose of the restaurant liquor license toanother person whether for monetary gain or not.
(b) A restaurant liquor license has no monetary value for the purpose of any type ofdisposition.
(26) A server of an alcoholic beverage in a restaurant liquor licensee's establishment shallkeep a written beverage tab for each table or group that orders or consumes an alcoholic beverageon the premises. The beverage tab shall list the type and amount of an alcoholic beverageordered or consumed.
(27) A person's willingness to serve an alcoholic beverage may not be made a conditionof employment as a server with a restaurant that has a restaurant liquor license.
(28) A restaurant liquor licensee or an employee of the restaurant liquor licensee may notknowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37, UtahControlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-04 > 32a-4-106-repealed-07-01-11

32A-4-106 (Repealed 07/01/11). Operational restrictions.
A person granted a restaurant liquor license and the employees and managementpersonnel of the restaurant shall comply with the following conditions and requirements. Failureto comply may result in a suspension or revocation of the restaurant liquor license or otherdisciplinary action taken against individual employees or management personnel.
(1) (a) Liquor may not be purchased by a restaurant liquor licensee except from a statestore or package agency.
(b) Liquor purchased from a state store or package agency may be transported by therestaurant liquor licensee from the place of purchase to the licensed premises.
(c) Payment for liquor shall be made in accordance with rules established by thecommission.
(2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in aquantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metereddispensing system approved by the department in accordance with commission rules adoptedunder this title, except that:
(a) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used as a secondary flavoring ingredient in a beverage subject to the followingrestrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of aprimary spirituous liquor;
(ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
(iii) the restaurant liquor licensee shall designate a location where flavorings are storedon the floor plan provided to the department; and
(iv) a flavoring container shall be plainly and conspicuously labeled "flavorings";
(b) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used:
(i) as a flavoring on a dessert; and
(ii) in the preparation of a flaming food dish, drink, or dessert;
(c) a restaurant patron may have no more than 2.5 ounces of spirituous liquor at a time;and
(d) a restaurant patron may have no more than one spirituous liquor drink at a time beforethe patron.
(3) (a) (i) Wine may be sold and served by the glass or in an individual portion not toexceed five ounces per glass or individual portion.
(ii) An individual portion of wine may be served to a patron in more than one glass aslong as the total amount of wine does not exceed five ounces.
(iii) An individual portion of wine is considered to be one alcoholic beverage underSubsection (7)(g).
(b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a pricefixed by the commission to a table of four or more persons.
(ii) Wine may be sold and served in a container not exceeding 750 milliliters at a pricefixed by the commission to a table of less than four persons.
(c) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine purchased at the restaurant.
(4) (a) Heavy beer may be served in an original container not exceeding one liter at a

price fixed by the commission.
(b) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(c) A service charge may be assessed by a restaurant liquor licensee as authorized bycommission rule for heavy beer or a flavored malt beverage purchased at the restaurant.
(5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant liquor licensee may sell beer foron-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual patron in a size of containerthat exceeds one liter.
(b) A restaurant liquor licensee that sells beer pursuant to Subsection (5)(a):
(i) may do so without obtaining a separate on-premise beer retailer license from thecommission; and
(ii) shall comply with all appropriate operational restrictions under Chapter 10, BeerRetailer Licenses, that apply to an on-premise beer retailer except when those restrictions areinconsistent with or less restrictive than the operational restrictions under this part.
(c) Failure to comply with the operational restrictions under Chapter 10, Beer RetailerLicenses, required by Subsection (5)(b) may result in a suspension or revocation of therestaurant's:
(i) state liquor license; and
(ii) alcoholic beverage license issued by the local authority.
(6) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the restaurant liquor licensee's application, unless the restaurant liquor licensee firstapplies for and receives approval from the department for a change of location within therestaurant.
(7) (a) (i) As used in this Subsection (7), and subject to Subsection (7)(a)(ii),"grandfathered bar structure" means a bar structure in a restaurant that:
(A) as of May 11, 2009 has:
(I) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the width of thebar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage on the portion of thebar structure that is separated by the partition described in Subsection (7)(a)(i)(A)(I)(Bb); or
(II) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the length ofthe bar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage:
(Ii) on the portion of the bar structure that is separated by a partition described inSubsection (7)(a)(i)(A)(II)(Bb); or
(IIii) adjacent to the bar structure in a manner visible to a patron sitting at the barstructure;
(B) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:

(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(C)(I) has a bar structure described inSubsection (7)(a)(i)(A);
(C) as of May 12, 2009, has no patron seating at the bar structure; or
(D) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:
(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(D)(I) has a bar structure described inSubsection (7)(a)(i)(C).
(ii) "Grandfathered bar structure" does not include a grandfathered bar structuredescribed in Subsection (7)(a)(i) on or after the day on which a restaurant remodels thegrandfathered bar structure, as defined by rule made by the commission in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) Subject to Subsection (7)(a)(ii), a grandfathered bar structure remains agrandfathered bar structure notwithstanding whether the restaurant undergoes a change ofownership.
(b) (i) A patron may only make an alcoholic beverage purchase in the restaurant from andbe served by a person employed, designated, and trained by the restaurant liquor licensee to selland serve an alcoholic beverage.
(ii) Only a person employed, designated, and trained by a restaurant liquor licensee maysell, serve, or deliver an alcoholic beverage to a patron of a restaurant.
(iii) Notwithstanding Subsection (7)(b)(i) or (ii), a patron who purchases bottled winefrom an employee of the restaurant or carries bottled wine onto the premises of the restaurantpursuant to Subsection (14) may thereafter serve wine from the bottle to the patron or others atthe patron's table.
(c) A patron may consume an alcoholic beverage only:
(i) at:
(A) the patron's table;
(B) a counter; or
(C) a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); and
(ii) where food is served.
(d) (i) An alcoholic beverage may not be served to or consumed by a patron at a barstructure that is not a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B).
(ii) A patron who is 21 years of age or older may:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B);

(B) be served an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B); and
(C) consume an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B).
(iii) Except as provided in Subsection (7)(d)(iv), a restaurant liquor licensee may notpermit a minor to, and a minor may not:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); or
(B) consume food or beverages at a bar structure described in Subsection (7)(a)(i)(A) or(B).
(iv) (A) A minor may be at a grandfathered bar structure described in Subsection(7)(a)(i)(A) or (B) if the minor is employed by a restaurant liquor licensee:
(I) as provided in Subsection (16)(b); or
(II) to perform maintenance and cleaning services during an hour when the restaurantliquor licensee is not open for business.
(B) A minor may momentarily pass by a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B) without remaining or sitting at the bar structure en route to an areaof a restaurant liquor licensee's premises in which the minor is permitted to be.
(e) Except as provided in Subsection (14), a restaurant liquor licensee may dispense analcoholic beverage only:
(i) from:
(A) a grandfathered bar structure;
(B) an area adjacent to a grandfathered bar structure that is visible to a patron sitting atthe grandfathered bar structure if that area is used to dispense an alcoholic beverage or alcoholicproduct as of May 12, 2009; or
(C) an area that is:
(I) separated from an area for the consumption of food by a restaurant patron by a solid,opaque, permanent structural barrier such that the facilities for the dispensing or storage of analcoholic beverage or alcoholic product are:
(Aa) not readily visible to a restaurant patron; and
(Bb) not accessible by a restaurant patron; and
(II) apart from an area used:
(Aa) for dining;
(Bb) for staging; or
(Cc) as a lobby or waiting area;
(ii) if the restaurant liquor licensee uses an alcoholic beverage or alcoholic product thatis:
(A) stored in an area described in Subsection (7)(e)(i); or
(B) on the premises of the restaurant liquor licensee in an area not described inSubsection (7)(e)(i) if:
(I) immediately before the alcoholic beverage or alcoholic product is dispensed it is in anunopened package;
(II) the unopened package is taken to an area described in Subsection (7)(e)(i) before it isopened; and
(III) once opened, the package is kept in an area described in Subsection (7)(e)(i); and
(iii) if any instrument or equipment used to dispense an alcoholic beverage or alcoholic

product is located in an area described in Subsection (7)(e)(i).
(f) (i) A restaurant liquor licensee that has a grandfathered bar structure may receive acredit for purchases from a state store or package agency if:
(A) the restaurant liquor licensee completes a remodel of the grandfathered bar structureby no later than December 31, 2011;
(B) the remodeling described in Subsection (7)(f)(i)(A) results in the restaurant engagingin an activity described in Subsection (7)(e) only in an area described in Subsection (7)(e)(i)(C);
(C) the restaurant liquor licensee requests the credit by no later than April 1, 2012;
(D) the department determines that the restaurant liquor licensee has completed aremodel described in Subsections (7)(f)(i)(A) and (B); and
(E) the department authorizes the credit, including the amount of the credit underSubsection (7)(f)(ii), on the basis that:
(I) the restaurant liquor licensee complied with this Subsection (7); and
(II) the aggregate of credits authorized under this Subsection (7)(f) and Subsection32A-4-307(7)(f) before the current authorization does not exceed the amount described inSubsection (7)(f)(v)(A).
(ii) The amount of the credit described in this Subsection (7)(f) is the lesser of:
(A) the actual costs of the remodel as evidenced by receipts, copies of which areprovided to the department as part of the request for the credit; or
(B) $30,000.
(iii) For a restaurant liquor licensee, a credit under this Subsection (7)(f):
(A) begins on the day on which the department authorizes the credit under Subsection(7)(f)(i); and
(B) ends the day on which the restaurant liquor licensee uses all of the credit.
(iv) The department shall by contract provide for how a package agency accounts for acredit purchase made at the package agency by a restaurant liquor licensee under this Subsection(7)(f).
(v) (A) Notwithstanding the other provisions of this Subsection (7)(f), the departmentmay not authorize a credit if the aggregate of credits authorized under this Subsection (7)(f) andSubsection 32A-4-307(7)(f) before the department authorizes the credit exceeds:
(I) $1,000,000, for the aggregate of credits under this Subsection (7)(f) and Subsection32A-4-307(7)(f), if the credit could be used on or before June 30, 2010; and
(II) subject to Subsection (7)(v)(A)(I), $1,090,000 for the aggregate of all credits that canbe authorized under this Subsection (7)(f) and Subsection 32A-4-307(7)(f).
(B) The department shall authorize credits in the order that the department receives arequest described in Subsection (7)(f)(i)(C) from a restaurant liquor licensee requesting a creditunder this Subsection (7)(f).
(g) A restaurant patron may have no more than two alcoholic beverages of any kind at atime before the patron, subject to the limitation in Subsection (2)(d).
(8) (a) A liquor storage area shall remain locked at all times other than those hours anddays when liquor sales are authorized by law.
(b) A restaurant liquor licensee shall store an alcoholic beverage or alcoholic product in astorage area described in Subsection (7)(e)(i).
(9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at arestaurant of a restaurant liquor licensee on any day after 12 midnight or before 12 noon.

(b) The hours of beer sales and service are those specified in Chapter 10, Beer RetailerLicenses, for on-premise beer licensees.
(10) An alcoholic beverage may not be sold except in connection with an order for foodprepared, sold, and served at the restaurant.
(11) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(12) (a) (i) Liquor may be sold only at a price fixed by the commission.
(ii) Liquor may not be sold at a discount price on any date or at any time.
(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the restaurant liquor licensee.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of a restaurant liquor licensee's business day such as a "happy hour."
(e) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(f) An indefinite or unlimited number of alcoholic beverages during a set period may notbe sold or served for a fixed price.
(g) A restaurant liquor licensee may not engage in a public promotion involving oroffering free an alcoholic beverage to the general public.
(13) An alcoholic beverage may not be purchased for a patron of a restaurant by:
(a) the restaurant liquor licensee; or
(b) an employee or agent of the restaurant liquor licensee.
(14) (a) A person may not bring onto the premises of a restaurant liquor licensee analcoholic beverage for on-premise consumption, except a person may bring, subject to thediscretion of the restaurant liquor licensee, bottled wine onto the premises of a restaurant liquorlicensee for on-premise consumption.
(b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or anofficer, manager, employee, or agent of the restaurant liquor licensee may not allow:
(i) a person to bring onto the restaurant premises an alcoholic beverage for on-premiseconsumption; or
(ii) consumption of an alcoholic beverage described in this Subsection (14) on therestaurant liquor licensee's premises.
(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server orother representative of the restaurant liquor licensee upon entering the restaurant.
(d) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine carried in by a patron.
(15) (a) Except as provided in Subsection (15)(b), a restaurant liquor licensee or anemployee of the restaurant liquor licensee may not permit a restaurant patron to carry from therestaurant premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains an alcoholic beverage.

(b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from therestaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or broughtonto the premises of the restaurant in accordance with Subsection (14), only if the bottle isrecorked or recapped before removal.
(16) (a) A restaurant liquor licensee may not employ a minor to sell or dispense analcoholic beverage.
(b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may beemployed to enter the sale at a cash register or other sales recording device.
(17) An employee of a restaurant liquor licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(18) A charge or fee made in connection with the sale, service, or consumption of liquormay be stated in food or alcoholic beverage menus including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(19) A restaurant liquor licensee shall display in a prominent place in the restaurant:
(a) the liquor license that is granted by the department;
(b) a list of the types and brand names of liquor being served through its calibratedmetered dispensing system; and
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(20) A restaurant liquor licensee may not on the premises of the restaurant liquorlicensee:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(21) (a) A restaurant liquor licensee shall maintain an expense ledger or record showingin detail:
(i) quarterly expenditures made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) liquor;
(D) food; and
(E) all other items required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) food; and
(D) all other items required by the department.

(b) A restaurant liquor licensee shall keep a record required by Subsection (21)(a):
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) An expenditure shall be supported 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 ledger or record required under Subsection (21)(a), a restaurant liquorlicensee shall maintain accounting and other records and documents as the department mayrequire.
(e) A restaurant liquor licensee or person acting for the restaurant, who knowingly forges,falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or otherdocument of the restaurant that is required to be made, maintained, or preserved by this title orthe rules of the commission for the purpose of deceiving the commission or the department, or anofficial or employee of the commission or department, is subject to:
(i) the suspension or revocation of the restaurant's liquor license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(22) (a) A restaurant liquor licensee may not close or cease operation for a period longerthan 240 hours, unless:
(i) the restaurant liquor licensee notifies the department in writing at least seven daysbefore the day on which the restaurant liquor licensee closes or ceases operation; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (22)(a), in the case of emergency closure, the restaurantliquor licensee shall immediately notify the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation for a period notto exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon:
(A) written request of the restaurant liquor licensee; and
(B) a showing of good cause.
(iii) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(d) A notice shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the restaurant liquor licensee will reopen or resume operation.
(e) Failure of the restaurant liquor licensee to provide notice and to obtain departmentauthorization before closure or cessation of operation results in an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year effectiveimmediately.
(f) Failure of the restaurant liquor licensee to reopen or resume operation by theapproved date results in an automatic forfeiture of:

(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(23) A restaurant liquor licensee shall maintain at least 70% of its total restaurantbusiness from the sale of food, which does not include mix for an alcoholic beverage or servicecharges.
(24) A restaurant liquor license may not be transferred from one location to another,without prior written approval of the commission.
(25) (a) A person, having been granted a restaurant liquor license may not sell, transfer,assign, exchange, barter, give, or attempt in any way to dispose of the restaurant liquor license toanother person whether for monetary gain or not.
(b) A restaurant liquor license has no monetary value for the purpose of any type ofdisposition.
(26) A server of an alcoholic beverage in a restaurant liquor licensee's establishment shallkeep a written beverage tab for each table or group that orders or consumes an alcoholic beverageon the premises. The beverage tab shall list the type and amount of an alcoholic beverageordered or consumed.
(27) A person's willingness to serve an alcoholic beverage may not be made a conditionof employment as a server with a restaurant that has a restaurant liquor license.
(28) A restaurant liquor licensee or an employee of the restaurant liquor licensee may notknowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37, UtahControlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-04 > 32a-4-106-repealed-07-01-11

32A-4-106 (Repealed 07/01/11). Operational restrictions.
A person granted a restaurant liquor license and the employees and managementpersonnel of the restaurant shall comply with the following conditions and requirements. Failureto comply may result in a suspension or revocation of the restaurant liquor license or otherdisciplinary action taken against individual employees or management personnel.
(1) (a) Liquor may not be purchased by a restaurant liquor licensee except from a statestore or package agency.
(b) Liquor purchased from a state store or package agency may be transported by therestaurant liquor licensee from the place of purchase to the licensed premises.
(c) Payment for liquor shall be made in accordance with rules established by thecommission.
(2) A restaurant liquor licensee may sell or provide a primary spirituous liquor only in aquantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metereddispensing system approved by the department in accordance with commission rules adoptedunder this title, except that:
(a) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used as a secondary flavoring ingredient in a beverage subject to the followingrestrictions:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of aprimary spirituous liquor;
(ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
(iii) the restaurant liquor licensee shall designate a location where flavorings are storedon the floor plan provided to the department; and
(iv) a flavoring container shall be plainly and conspicuously labeled "flavorings";
(b) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used:
(i) as a flavoring on a dessert; and
(ii) in the preparation of a flaming food dish, drink, or dessert;
(c) a restaurant patron may have no more than 2.5 ounces of spirituous liquor at a time;and
(d) a restaurant patron may have no more than one spirituous liquor drink at a time beforethe patron.
(3) (a) (i) Wine may be sold and served by the glass or in an individual portion not toexceed five ounces per glass or individual portion.
(ii) An individual portion of wine may be served to a patron in more than one glass aslong as the total amount of wine does not exceed five ounces.
(iii) An individual portion of wine is considered to be one alcoholic beverage underSubsection (7)(g).
(b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a pricefixed by the commission to a table of four or more persons.
(ii) Wine may be sold and served in a container not exceeding 750 milliliters at a pricefixed by the commission to a table of less than four persons.
(c) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine purchased at the restaurant.
(4) (a) Heavy beer may be served in an original container not exceeding one liter at a

price fixed by the commission.
(b) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(c) A service charge may be assessed by a restaurant liquor licensee as authorized bycommission rule for heavy beer or a flavored malt beverage purchased at the restaurant.
(5) (a) (i) Subject to Subsection (5)(a)(ii), a restaurant liquor licensee may sell beer foron-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (5)(a)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual patron in a size of containerthat exceeds one liter.
(b) A restaurant liquor licensee that sells beer pursuant to Subsection (5)(a):
(i) may do so without obtaining a separate on-premise beer retailer license from thecommission; and
(ii) shall comply with all appropriate operational restrictions under Chapter 10, BeerRetailer Licenses, that apply to an on-premise beer retailer except when those restrictions areinconsistent with or less restrictive than the operational restrictions under this part.
(c) Failure to comply with the operational restrictions under Chapter 10, Beer RetailerLicenses, required by Subsection (5)(b) may result in a suspension or revocation of therestaurant's:
(i) state liquor license; and
(ii) alcoholic beverage license issued by the local authority.
(6) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the restaurant liquor licensee's application, unless the restaurant liquor licensee firstapplies for and receives approval from the department for a change of location within therestaurant.
(7) (a) (i) As used in this Subsection (7), and subject to Subsection (7)(a)(ii),"grandfathered bar structure" means a bar structure in a restaurant that:
(A) as of May 11, 2009 has:
(I) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the width of thebar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage on the portion of thebar structure that is separated by the partition described in Subsection (7)(a)(i)(A)(I)(Bb); or
(II) (Aa) patron seating at the bar structure;
(Bb) a partition at one or more locations on the bar structure that is along the length ofthe bar structure; and
(Cc) facilities for the dispensing or storage of an alcoholic beverage:
(Ii) on the portion of the bar structure that is separated by a partition described inSubsection (7)(a)(i)(A)(II)(Bb); or
(IIii) adjacent to the bar structure in a manner visible to a patron sitting at the barstructure;
(B) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:

(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(C)(I) has a bar structure described inSubsection (7)(a)(i)(A);
(C) as of May 12, 2009, has no patron seating at the bar structure; or
(D) is not operational as of May 12, 2009, and:
(I) an applicant for a restaurant liquor license under this chapter:
(Aa) has as of May 12, 2009, a building permit to construct the restaurant;
(Bb) is as of May 12, 2009, actively engaged in the construction of the restaurant, asdefined by rule made by the commission in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(Cc) is granted a restaurant liquor license by the commission under this chapter by nolater than December 31, 2009; and
(II) the restaurant described in Subsection (7)(a)(i)(D)(I) has a bar structure described inSubsection (7)(a)(i)(C).
(ii) "Grandfathered bar structure" does not include a grandfathered bar structuredescribed in Subsection (7)(a)(i) on or after the day on which a restaurant remodels thegrandfathered bar structure, as defined by rule made by the commission in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) Subject to Subsection (7)(a)(ii), a grandfathered bar structure remains agrandfathered bar structure notwithstanding whether the restaurant undergoes a change ofownership.
(b) (i) A patron may only make an alcoholic beverage purchase in the restaurant from andbe served by a person employed, designated, and trained by the restaurant liquor licensee to selland serve an alcoholic beverage.
(ii) Only a person employed, designated, and trained by a restaurant liquor licensee maysell, serve, or deliver an alcoholic beverage to a patron of a restaurant.
(iii) Notwithstanding Subsection (7)(b)(i) or (ii), a patron who purchases bottled winefrom an employee of the restaurant or carries bottled wine onto the premises of the restaurantpursuant to Subsection (14) may thereafter serve wine from the bottle to the patron or others atthe patron's table.
(c) A patron may consume an alcoholic beverage only:
(i) at:
(A) the patron's table;
(B) a counter; or
(C) a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); and
(ii) where food is served.
(d) (i) An alcoholic beverage may not be served to or consumed by a patron at a barstructure that is not a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B).
(ii) A patron who is 21 years of age or older may:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B);

(B) be served an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B); and
(C) consume an alcoholic beverage at a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B).
(iii) Except as provided in Subsection (7)(d)(iv), a restaurant liquor licensee may notpermit a minor to, and a minor may not:
(A) sit at a grandfathered bar structure described in Subsection (7)(a)(i)(A) or (B); or
(B) consume food or beverages at a bar structure described in Subsection (7)(a)(i)(A) or(B).
(iv) (A) A minor may be at a grandfathered bar structure described in Subsection(7)(a)(i)(A) or (B) if the minor is employed by a restaurant liquor licensee:
(I) as provided in Subsection (16)(b); or
(II) to perform maintenance and cleaning services during an hour when the restaurantliquor licensee is not open for business.
(B) A minor may momentarily pass by a grandfathered bar structure described inSubsection (7)(a)(i)(A) or (B) without remaining or sitting at the bar structure en route to an areaof a restaurant liquor licensee's premises in which the minor is permitted to be.
(e) Except as provided in Subsection (14), a restaurant liquor licensee may dispense analcoholic beverage only:
(i) from:
(A) a grandfathered bar structure;
(B) an area adjacent to a grandfathered bar structure that is visible to a patron sitting atthe grandfathered bar structure if that area is used to dispense an alcoholic beverage or alcoholicproduct as of May 12, 2009; or
(C) an area that is:
(I) separated from an area for the consumption of food by a restaurant patron by a solid,opaque, permanent structural barrier such that the facilities for the dispensing or storage of analcoholic beverage or alcoholic product are:
(Aa) not readily visible to a restaurant patron; and
(Bb) not accessible by a restaurant patron; and
(II) apart from an area used:
(Aa) for dining;
(Bb) for staging; or
(Cc) as a lobby or waiting area;
(ii) if the restaurant liquor licensee uses an alcoholic beverage or alcoholic product thatis:
(A) stored in an area described in Subsection (7)(e)(i); or
(B) on the premises of the restaurant liquor licensee in an area not described inSubsection (7)(e)(i) if:
(I) immediately before the alcoholic beverage or alcoholic product is dispensed it is in anunopened package;
(II) the unopened package is taken to an area described in Subsection (7)(e)(i) before it isopened; and
(III) once opened, the package is kept in an area described in Subsection (7)(e)(i); and
(iii) if any instrument or equipment used to dispense an alcoholic beverage or alcoholic

product is located in an area described in Subsection (7)(e)(i).
(f) (i) A restaurant liquor licensee that has a grandfathered bar structure may receive acredit for purchases from a state store or package agency if:
(A) the restaurant liquor licensee completes a remodel of the grandfathered bar structureby no later than December 31, 2011;
(B) the remodeling described in Subsection (7)(f)(i)(A) results in the restaurant engagingin an activity described in Subsection (7)(e) only in an area described in Subsection (7)(e)(i)(C);
(C) the restaurant liquor licensee requests the credit by no later than April 1, 2012;
(D) the department determines that the restaurant liquor licensee has completed aremodel described in Subsections (7)(f)(i)(A) and (B); and
(E) the department authorizes the credit, including the amount of the credit underSubsection (7)(f)(ii), on the basis that:
(I) the restaurant liquor licensee complied with this Subsection (7); and
(II) the aggregate of credits authorized under this Subsection (7)(f) and Subsection32A-4-307(7)(f) before the current authorization does not exceed the amount described inSubsection (7)(f)(v)(A).
(ii) The amount of the credit described in this Subsection (7)(f) is the lesser of:
(A) the actual costs of the remodel as evidenced by receipts, copies of which areprovided to the department as part of the request for the credit; or
(B) $30,000.
(iii) For a restaurant liquor licensee, a credit under this Subsection (7)(f):
(A) begins on the day on which the department authorizes the credit under Subsection(7)(f)(i); and
(B) ends the day on which the restaurant liquor licensee uses all of the credit.
(iv) The department shall by contract provide for how a package agency accounts for acredit purchase made at the package agency by a restaurant liquor licensee under this Subsection(7)(f).
(v) (A) Notwithstanding the other provisions of this Subsection (7)(f), the departmentmay not authorize a credit if the aggregate of credits authorized under this Subsection (7)(f) andSubsection 32A-4-307(7)(f) before the department authorizes the credit exceeds:
(I) $1,000,000, for the aggregate of credits under this Subsection (7)(f) and Subsection32A-4-307(7)(f), if the credit could be used on or before June 30, 2010; and
(II) subject to Subsection (7)(v)(A)(I), $1,090,000 for the aggregate of all credits that canbe authorized under this Subsection (7)(f) and Subsection 32A-4-307(7)(f).
(B) The department shall authorize credits in the order that the department receives arequest described in Subsection (7)(f)(i)(C) from a restaurant liquor licensee requesting a creditunder this Subsection (7)(f).
(g) A restaurant patron may have no more than two alcoholic beverages of any kind at atime before the patron, subject to the limitation in Subsection (2)(d).
(8) (a) A liquor storage area shall remain locked at all times other than those hours anddays when liquor sales are authorized by law.
(b) A restaurant liquor licensee shall store an alcoholic beverage or alcoholic product in astorage area described in Subsection (7)(e)(i).
(9) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at arestaurant of a restaurant liquor licensee on any day after 12 midnight or before 12 noon.

(b) The hours of beer sales and service are those specified in Chapter 10, Beer RetailerLicenses, for on-premise beer licensees.
(10) An alcoholic beverage may not be sold except in connection with an order for foodprepared, sold, and served at the restaurant.
(11) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(12) (a) (i) Liquor may be sold only at a price fixed by the commission.
(ii) Liquor may not be sold at a discount price on any date or at any time.
(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the restaurant liquor licensee.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of a restaurant liquor licensee's business day such as a "happy hour."
(e) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(f) An indefinite or unlimited number of alcoholic beverages during a set period may notbe sold or served for a fixed price.
(g) A restaurant liquor licensee may not engage in a public promotion involving oroffering free an alcoholic beverage to the general public.
(13) An alcoholic beverage may not be purchased for a patron of a restaurant by:
(a) the restaurant liquor licensee; or
(b) an employee or agent of the restaurant liquor licensee.
(14) (a) A person may not bring onto the premises of a restaurant liquor licensee analcoholic beverage for on-premise consumption, except a person may bring, subject to thediscretion of the restaurant liquor licensee, bottled wine onto the premises of a restaurant liquorlicensee for on-premise consumption.
(b) Except bottled wine under Subsection (14)(a), a restaurant liquor licensee or anofficer, manager, employee, or agent of the restaurant liquor licensee may not allow:
(i) a person to bring onto the restaurant premises an alcoholic beverage for on-premiseconsumption; or
(ii) consumption of an alcoholic beverage described in this Subsection (14) on therestaurant liquor licensee's premises.
(c) If bottled wine is carried in by a patron, the patron shall deliver the wine to a server orother representative of the restaurant liquor licensee upon entering the restaurant.
(d) A wine service may be performed and a service charge assessed by a restaurant liquorlicensee as authorized by commission rule for wine carried in by a patron.
(15) (a) Except as provided in Subsection (15)(b), a restaurant liquor licensee or anemployee of the restaurant liquor licensee may not permit a restaurant patron to carry from therestaurant premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains an alcoholic beverage.

(b) Notwithstanding Subsection (15)(a), a restaurant patron may remove from therestaurant the unconsumed contents of a bottle of wine purchased in the restaurant, or broughtonto the premises of the restaurant in accordance with Subsection (14), only if the bottle isrecorked or recapped before removal.
(16) (a) A restaurant liquor licensee may not employ a minor to sell or dispense analcoholic beverage.
(b) Notwithstanding Subsection (16)(a), a minor who is at least 16 years of age may beemployed to enter the sale at a cash register or other sales recording device.
(17) An employee of a restaurant liquor licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(18) A charge or fee made in connection with the sale, service, or consumption of liquormay be stated in food or alcoholic beverage menus including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(19) A restaurant liquor licensee shall display in a prominent place in the restaurant:
(a) the liquor license that is granted by the department;
(b) a list of the types and brand names of liquor being served through its calibratedmetered dispensing system; and
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(20) A restaurant liquor licensee may not on the premises of the restaurant liquorlicensee:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(21) (a) A restaurant liquor licensee shall maintain an expense ledger or record showingin detail:
(i) quarterly expenditures made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) liquor;
(D) food; and
(E) all other items required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) set-ups;
(C) food; and
(D) all other items required by the department.

(b) A restaurant liquor licensee shall keep a record required by Subsection (21)(a):
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) An expenditure shall be supported 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 ledger or record required under Subsection (21)(a), a restaurant liquorlicensee shall maintain accounting and other records and documents as the department mayrequire.
(e) A restaurant liquor licensee or person acting for the restaurant, who knowingly forges,falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or otherdocument of the restaurant that is required to be made, maintained, or preserved by this title orthe rules of the commission for the purpose of deceiving the commission or the department, or anofficial or employee of the commission or department, is subject to:
(i) the suspension or revocation of the restaurant's liquor license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(22) (a) A restaurant liquor licensee may not close or cease operation for a period longerthan 240 hours, unless:
(i) the restaurant liquor licensee notifies the department in writing at least seven daysbefore the day on which the restaurant liquor licensee closes or ceases operation; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (22)(a), in the case of emergency closure, the restaurantliquor licensee shall immediately notify the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation for a period notto exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon:
(A) written request of the restaurant liquor licensee; and
(B) a showing of good cause.
(iii) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(d) A notice shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the restaurant liquor licensee will reopen or resume operation.
(e) Failure of the restaurant liquor licensee to provide notice and to obtain departmentauthorization before closure or cessation of operation results in an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year effectiveimmediately.
(f) Failure of the restaurant liquor licensee to reopen or resume operation by theapproved date results in an automatic forfeiture of:

(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(23) A restaurant liquor licensee shall maintain at least 70% of its total restaurantbusiness from the sale of food, which does not include mix for an alcoholic beverage or servicecharges.
(24) A restaurant liquor license may not be transferred from one location to another,without prior written approval of the commission.
(25) (a) A person, having been granted a restaurant liquor license may not sell, transfer,assign, exchange, barter, give, or attempt in any way to dispose of the restaurant liquor license toanother person whether for monetary gain or not.
(b) A restaurant liquor license has no monetary value for the purpose of any type ofdisposition.
(26) A server of an alcoholic beverage in a restaurant liquor licensee's establishment shallkeep a written beverage tab for each table or group that orders or consumes an alcoholic beverageon the premises. The beverage tab shall list the type and amount of an alcoholic beverageordered or consumed.
(27) A person's willingness to serve an alcoholic beverage may not be made a conditionof employment as a server with a restaurant that has a restaurant liquor license.
(28) A restaurant liquor licensee or an employee of the restaurant liquor licensee may notknowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37, UtahControlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.