PocketLaw | Utah Code | Specific operational requirements for a

Specific operational requirements for a full-service restaurant license -- On and after July 1, 2018, or July 1, 2022.

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Affected by 63I-2-232 on 7/1/2022

Effective 5/12/2020
32B-6-205.2. Specific operational requirements for a full-service 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 full-service restaurant licensee and staff of the full-service 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 full-service restaurant licensee;
  - (ii) individual staff of a full-service restaurant licensee; or
  - (iii) both a full-service restaurant licensee and staff of the full-service restaurant licensee.

(2)
- (a) An individual who serves an alcoholic product in a full-service restaurant licensee's premises shall make a beverage tab for each table or group that orders or consumes an alcoholic product on the premises.
- (b) A beverage tab described in this Subsection (2) shall state the type and amount of each alcoholic product ordered or consumed.

(3) A full-service restaurant licensee may not make an individual's willingness to serve an alcoholic product a condition of employment with a full-service restaurant licensee.

(4)
- (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the licensed premises during the following time periods only:
  - (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
  - (ii) 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 11:59 p.m.
- (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:
  - (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
  - (ii) 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.

(5)
- (a) A full-service restaurant licensee may not furnish an alcoholic product except after:
  - (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic product 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 full-service 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 (5)(b), consume the food at the same location where the patron is seated and furnished the alcoholic product.
- (b)
  - (i) While a patron waits for a seat at a table or counter in the dining area of a full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or furnish to the patron one drink that contains a single portion of an alcoholic product 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 full-service 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) If the patron does not finish the patron's alcoholic product before moving to a seat in the dining area, an employee of the full-service restaurant licensee who is qualified to sell and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion of the patron's alcoholic product to the patron's seat in the dining area.
  - (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
- (c) A full-service restaurant licensee shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.

(6) A patron may consume an alcoholic product only if the patron is seated at:
- (a) a table that is located in a dining area or dispensing area;
- (b) a counter that is located in a dining area or dispensing area; or
- (c) a dispensing structure located in a dispensing area.

(7)
- (a) Subject to the other provisions of this Subsection (7), 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 more than one spirituous liquor drink at a time before the patron.
- (c) An individual portion of wine is considered to be one alcoholic product under Subsection (7)(a).

(8) In accordance with the provisions of this section, an individual who is at least 21 years of age may consume food and beverages in a dispensing area.

(9)
- (a) Except as provided in Subsection (9)(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 of age and working as an employee of the full-service restaurant licensee; or
    - (B) performing maintenance and cleaning services as an employee of the full-service restaurant licensee when the full-service 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 full-service restaurant licensee's premises in which the minor is permitted to be.

(10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee may dispense an alcoholic product only if:
- (a) the alcoholic product 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 full-service restaurant licensee; and
    - (B) located immediately adjacent to the premises of the full-service restaurant licensee; and
- (b) any instrument or equipment used to dispense alcoholic product is located in an area described in Subsection (10)(a).

(11)
- (a) A full-service 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-6-202(2)(a)(i), (ii), or (iii), regardless of how any other dispensing area in the licensed premises satisfies the requirements for a dispensing area.

(12) A full-service restaurant licensee may not:
- (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
- (b) display an alcoholic product or a product intended to appear like an alcoholic product by moving a cart or similar device around the licensed premises.

(13) A full-service restaurant licensee may state in a food or alcoholic product menu a charge or fee made in connection with the sale, service, or consumption of liquor, including:
- (a) a set-up charge;
- (b) a service charge; or
- (c) a chilling fee.

(14)
- (a) In addition to the requirements described in Section 32B-5-302, a full-service restaurant licensee shall maintain each of the following records for at least three years:
  - (i) a record required by Section 32B-5-302; and
  - (ii) a record that the commission requires a full-service 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 full-service restaurant licensee at least once each calendar year.

(15) A full-service restaurant licensee may lease to a patron of the full-service restaurant licensee a locked storage space:
- (a) that the commission considers proper for the storage of wine; and
- (b) for the storage of wine that:
  - (i) the patron purchases from the full-service restaurant licensee; and
  - (ii) only the full-service restaurant licensee or staff of the full-service restaurant licensee may remove from the locker for the patron's use in accordance with this title, including:
    - (A) service and consumption on licensed premises as described in Section 32B-5-306; or
    - (B) removal from the full-service retail licensee's licensed premises in accordance with Section 32B-5-307.

(16)
- (a) In accordance with Section 32B-6-205.3, a full-service restaurant licensee:
  - (i) may comply with the provisions of this section beginning on or after July 1, 2017; and
  - (ii) shall comply with the provisions of this section:
    - (A) for a full-service restaurant licensee that does not have a grandfathered bar structure, on and after July 1, 2018; or
    - (B) for a full-service restaurant licensee that has a grandfathered bar structure, on and after July 1, 2022.
- (b) A full-service restaurant licensee that elects to comply with the provisions of this section before the latest applicable date described in Subsection (16)(a)(ii):
  - (i) shall comply with each provision of this section; and
  - (ii) is not required to comply with the provisions of Section 32B-6-205.

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