PocketLaw | Utah Code | Definitions.

Definitions.

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

Effective 5/8/2018
32B-6-302. Definitions.

(1)
- (a) "Dining area" means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
- (b) "Dining area" does not include a dispensing area.

(2)
- (a) "Dispensing area" means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
  - (i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
  - (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
  - (iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:
    - (A) at least 42 inches high; and
    - (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
- (b) "Dispensing area" does not include any area described in Subsection (2)(a)(ii) that is less than 10 feet from an area where alcoholic product is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of alcoholic product.

(3)
- (a) "Grandfathered bar structure" means a bar structure in a licensed premises of a 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 in Subsection (3)(a)(i)(B); or
      - (II) if the partition as described in Subsection (3)(a)(i)(B)(II) is adjacent to the bar structure in 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 limited-service restaurant license:
      - (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, as defined by rule made by the commission; and
      - (III) is issued the limited-service restaurant license by no later than December 31, 2009; and
    - (B) once constructed, the licensed premises has a bar structure described in Subsection (3)(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 limited-service restaurant license:
      - (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, as defined by rule made by the commission; and
      - (III) is issued a limited-service restaurant license by no later 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 structure described in Subsection (3)(a) on or after the day on which a restaurant remodels the grandfathered bar structure, as defined by rule made by the commission.
- (c) Subject to Subsection (3)(b), a grandfathered bar structure remains a grandfathered bar structure notwithstanding whether a restaurant undergoes a change of ownership.

(4) "Seating grandfathered bar structure" means:
- (a) a grandfathered bar structure described in Subsection (3)(a)(i) or (ii); or
- (b) a bar structure grandfathered under Section 32B-6-409.

(5) "Small limited-service restaurant licensee" means a limited-service restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
- (a) when measured in accordance with Subsection (2)(a)(ii); and
- (b) based on the licensee's floor plan on file with the department on July 1, 2017.

(6) "Waiting area" includes a lobby.

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