32B-6-205 (Effective 07/01/11) - Specific operational requirements for a full-service restaurant license.
32B-6-205 (Effective 07/01/11). Specific operational requirements for a full-servicerestaurant license.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee OperationalRequirements, a full-service restaurant licensee and staff of the full-service restaurant licenseeshall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action inaccordance 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) In addition to complying with Subsection 32B-5-301(3), a full-service restaurantlicensee shall display in a prominent place in the restaurant a list of the types and brand names ofliquor being furnished through the full-service restaurant licensee's calibrated metered dispensingsystem.
(3) In addition to complying with Section 32B-5-303, a full-service restaurant licenseeshall store an alcoholic product in a storage area described in Subsection (12)(a).
(4) (a) An individual who serves an alcoholic product in a full-service restaurantlicensee's premises shall make a written beverage tab for each table or group that orders orconsumes an alcoholic product on the premises.
(b) A beverage tab required by this Subsection (4) shall list the type and amount of analcoholic product ordered or consumed.
(5) A person's willingness to serve an alcoholic product may not be made a condition ofemployment as a server with a full-service restaurant licensee.
(6) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish liquor atthe licensed premises on any day during the period that:
(i) begins at midnight; and
(ii) ends at 11:59 a.m.
(b) A full-service restaurant licensee may sell, offer for sale, or furnish beer during thehours specified in Part 7, On-premise Beer Retailer License, for an on-premise beer retailer.
(7) A full-service restaurant licensee shall maintain at least 70% of its total restaurantbusiness from the sale of food, which does not include:
(a) mix for an alcoholic product; or
(b) a service charge.
(8) (a) A full-service restaurant may not sell, offer for sale, or furnish an alcoholicproduct except in connection with an order for food prepared, sold, and furnished at the licensedpremises.
(b) A full-service restaurant shall maintain on the licensed premises adequate culinaryfacilities for food preparation and dining accommodations.
(9) (a) Subject to the other provisions of this Subsection (9), a patron may not have morethan 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 thepatron.
(c) An individual portion of wine is considered to be one alcoholic product underSubsection (9)(a).
(10) A patron may consume an alcoholic product only:
(a) at:
(i) the patron's table;
(ii) a counter; or
(iii) a seating grandfathered bar structure; and
(b) where food is served.
(11) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish analcoholic product to a patron, and a patron may not consume an alcoholic product at a barstructure that is not a seating grandfathered bar structure.
(b) At a seating grandfathered bar structure a patron who is 21 years of age or older may:
(i) sit;
(ii) be furnished an alcoholic product; and
(iii) consume an alcoholic product.
(c) Except as provided in Subsection (11)(d), at a seating grandfathered bar structure afull-service 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 seating grandfathered bar structure if the minor is employedby a full-service restaurant licensee:
(A) as provided in Subsection 32B-5-308(2); or
(B) to perform maintenance and cleaning services during an hour when the full-servicerestaurant licensee is not open for business.
(ii) A minor may momentarily pass by a seating grandfathered bar structure withoutremaining or sitting at the bar structure en route to an area of a full-service restaurant licensee'spremises in which the minor is permitted to be.
(12) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licenseemay dispense an alcoholic product only if:
(a) the alcoholic product is dispensed from:
(i) a grandfathered bar structure;
(ii) 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 product as of May 12,2009; or
(iii) an area that is:
(A) separated from an area for the consumption of food by a patron by a solid, opaque,permanent structural barrier such that the facilities for the storage or dispensing of an alcoholicproduct are:
(I) not readily visible to a patron; and
(II) not accessible by a patron; and
(B) apart from an area used:
(I) for dining;
(II) for staging; or
(III) as a lobby or waiting area;
(b) the full-service restaurant licensee uses an alcoholic product that is:
(i) stored in an area described in Subsection (12)(a); or
(ii) in an area not described in Subsection (12)(a) on the licensed premises and:
(A) immediately before the alcoholic product is dispensed it is in an unopened package;
(B) the unopened package is taken to an area described in Subsection (12)(a) before it isopened; and
(C) once opened, the package is stored in an area described in Subsection (12)(a); and
(c) any instrument or equipment used to dispense alcoholic product is located in an areadescribed in Subsection (12)(a).
(13) A full-service restaurant licensee may state in a food or alcoholic product menu acharge 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.
Enacted by Chapter 276, 2010 General Session