32B-6-406.1 (Effective 07/01/11) - Specific operational restrictions related to dance or concert hall.
32B-6-406.1 (Effective 07/01/11). Specific operational restrictions related to danceor concert hall.
(1) A minor who is at least 18 years of age may be admitted into, use, or be on thepremises of a dance or concert hall if:
(a) the dance or concert hall is located:
(i) on the licensed premises of a social club licensee; or
(ii) on the property that immediately adjoins the licensed premises of and is operated by asocial club licensee; and
(b) the social club licensee holds a permit to operate a dance or concert hall that wasissued on or before May 11, 2009:
(i) on the basis of the operational requirements described in Subsection (2); and
(ii) when the social club licensee was licensed as a class D private club.
(2) A social club licensee that holds a dance or concert hall permit shall operate in such away that:
(a) the social club licensee's lounge, bar, or other area for alcoholic product consumptionis:
(i) not accessible to a minor;
(ii) clearly defined; and
(iii) separated from the dance or concert hall area by one or more walls, multiple floorlevels, or other substantial physical barriers;
(b) a bar or dispensing area is not visible to a minor;
(c) consumption of an alcoholic product may not occur in:
(i) the dance or concert hall area; or
(ii) an area of the social club license premises accessible to a minor;
(d) the social club licensee maintains sufficient security personnel to prevent the passingof beverages from the social club licensee's lounge, bar, or other area for alcoholic productconsumption to:
(i) the dance or concert hall area; or
(ii) an area of the social club licensee premises accessible to a minor;
(e) there are one or more separate entrances, exits, and restroom facilities from the socialclub licensee's lounge, bar, or other area for alcoholic product consumption than for:
(i) the dance or concert hall area; or
(ii) an area accessible to a minor; and
(f) the social club licensee complies with any other requirements imposed by thecommission by rule.
(3) (a) A minor under 18 years of age who is accompanied at all times by a parent orlegal guardian may be admitted into, use, or be on the premises of a concert hall described inSubsection (1) if:
(i) the requirements of Subsection (2) are met; and
(ii) signage, product, and dispensing equipment containing recognition of an alcoholicproduct is not visible to the minor.
(b) A minor under 18 years of age but who is 14 years of age or older who is notaccompanied by a parent or legal guardian may be admitted into, use, or be on the premises of aconcert hall described in Subsection (1) if:
(i) the requirements of Subsections (2) and (3)(a) are met; and
(ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of thesocial club licensee.
(4) The commission may suspend or revoke a dance or concert permit issued to a socialclub licensee and suspend or revoke the license of the social club licensee if:
(a) the social club licensee fails to comply with the requirements in this section;
(b) the social club licensee sells, offers for sale, or furnishes an alcoholic product to aminor;
(c) the social club licensee or a supervisory or managerial level staff of the social clublicensee is convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis ofan activity that occurs on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins thelicensed premises of and is operated by the social club licensee;
(d) there are three or more convictions of patrons of the social club licensee under Title58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins thelicensed premises of and is operated by the social club licensee;
(iii) there is more than one conviction:
(A) of:
(I) the social club licensee;
(II) staff of the social club licensee;
(III) an entertainer contracted by the social club licensee; or
(IV) a patron of the social club licensee; and
(B) made on the basis of a lewd act or lewd entertainment prohibited by this title thatoccurs on:
(I) the licensed premises; or
(II) the dance or concert hall that is located on property that immediately adjoins thelicensed premises of and is operated by the social club licensee; or
(e) the commission finds acts or conduct contrary to the public welfare and moralsinvolving lewd acts or lewd entertainment prohibited by this title that occurs on:
(i) the licensed premises; or
(ii) the dance or concert hall that is located on property that immediately adjoins thelicensed premises of and is operated by the social club licensee.
(5) Nothing in this section prohibits a social club licensee from selling, offering for sale,or furnishing an alcoholic product in a dance or concert area located on the social club licensedpremises on days and times when the social club licensee does not allow a minor into those areas.
Enacted by Chapter 276, 2010 General Session