PocketLaw | Utah Code | Specific operational requirements for a

Specific operational requirements for a beer-only restaurant license -- Before 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. Specific operational requirements for a beer-only restaurant license -- Before 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 as provided in 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; and
  - (ii) in the preparation of a flaming food dish, drink, or dessert.

(3) In addition to complying with Section 32B-5-303, a beer-only restaurant licensee shall store beer in a storage area described in Subsection (11)(a).

(4)
- (a) An individual who serves beer in a beer-only restaurant licensee's premises shall make a written beverage tab for each table or group that orders or consumes an alcoholic product on the premises.
- (b) A beverage tab required by this Subsection (4) shall list the type and amount of beer ordered or consumed.

(5) A person's willingness to serve beer may not be made a condition of employment as a server with a beer-only restaurant licensee.

(6) 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.

(7)
- (a) A beer-only restaurant may not sell, offer for sale, or furnish beer except after the beer-only restaurant licensee confirms that the patron has the intent to order food prepared, sold, and furnished at the licensed premises.
- (b) A beer-only restaurant shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.

(8) A patron may not have more than two beers at a time before the patron.

(9) A patron may consume a beer only:
- (a) at:
  - (i) the patron's table;
  - (ii) a grandfathered bar structure; or
  - (iii) a counter; and
- (b) where food is served.

(10)
- (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish a beer to a patron, and a patron may not consume an alcoholic product at a bar structure.
- (b) Notwithstanding Subsection (10)(a), at a grandfathered bar structure, a patron who is 21 years of age or older may:
  - (i) sit;
  - (ii) be furnished a beer; and
  - (iii) consume a beer.
- (c) Except as provided in Subsection (10)(d), at a grandfathered bar structure, a beer-only restaurant licensee may not permit a minor to, and a minor may not:
  - (i) sit; or
  - (ii) consume food or beverages.
- (d)
  - (i) A minor may be at a grandfathered bar structure if the minor is employed by a beer-only restaurant licensee:
    - (A) as provided in Subsection 32B-5-308(2); or
    - (B) to perform maintenance and cleaning services during an hour when the beer-only restaurant licensee is not open for business.
  - (ii) A minor may momentarily pass by a grandfathered bar structure without remaining or sitting at the bar structure en route to an area of a 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 an area that is:
  - (i) a grandfathered bar structure; or
  - (ii) 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 storage or dispensing of an alcoholic product are not readily visible to a patron, not accessible by a patron, and apart from an area used for dining, for staging, or as a lobby or waiting area;
- (b) the beer-only restaurant licensee uses a beer that is:
  - (i) stored in an area described in Subsection (11)(a); or
  - (ii) in an area not described in Subsection (11)(a) on the licensed premises and:
    - (A) immediately before the beer is dispensed it is in an unopened container;
    - (B) the unopened container is taken to an area described in Subsection (11)(a) before it is opened; and
    - (C) once opened, the container is stored in an area described in Subsection (11)(a); and
- (c) any instrument or equipment used to dispense the beer is located in an area described in Subsection (11)(a).

(12) Beginning on July 1, 2018, a minor may not sit, remain, or consume food or beverages within 10 feet of a grandfathered bar structure, unless:
- (a) seating within 10 feet of the grandfathered bar structure is the only seating available in the licensed premises; and
- (b) the minor is accompanied by an individual who is 21 years of age or older.

(13) Except as provided in Subsection 32B-6-905.1(15) and Section 32B-6-905.2, the provisions of this section apply before July 1, 2018.

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