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Specific operational requirements for a beer-only 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 5/14/2019
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 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) If the patron does not finish the patron's beer before moving to a seat in the dining area, an employee of the beer-only 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 beer to the patron's seat in the dining area.
- (c) 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 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 of age 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 of age 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 Section 32B-5-302; 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 each calendar year.

(15)
- (a) In accordance with Section 32B-6-905.2, a beer-only 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 beer-only restaurant licensee that does not have a grandfathered bar structure, on and after July 1, 2018; or
    - (B) for a beer-only restaurant licensee that has a grandfathered bar structure, on and after July 1, 2022.
- (b) A beer-only restaurant licensee that elects to comply with the provisions of this section before the latest applicable date described in Subsection (15)(a)(ii):
  - (i) shall comply with each provision of this section; and
  - (ii) is not required to comply with the provisions of Section 32B-6-905.

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