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2018 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 5 - Retail License Act
Part 2 - Retail Licensing Process
Section 207 - Multiple retail licenses on same premises.
Universal Citation: UT Code § 32B-5-207 (2018)
Effective 5/8/2018
32B-5-207. Multiple retail licenses on same premises.
Amended by Chapter 249, 2018 General Session
32B-5-207. Multiple retail licenses on same premises.
- (1) As used in this section, "sublicense premises" means the same as that term is defined in Sections 32B-8-102 and 32B-8b-102.
- (2)
- (a) The commission may not issue and one or more licensees may not hold more than one type of retail license for the same premises.
- (b) Notwithstanding Subsection (2)(a), the commission may issue and one or more licensees may hold more than one type of retail license for the same premises if:
- (i) the applicant or licensee satisfies the requirements for each retail license;
- (ii) the types of retail licenses issued or held are two or more of the following:
- (A) a restaurant license;
- (B) an on-premise beer retailer license that is not a tavern; and
- (C) an on-premise banquet license or a reception center license; and
- (iii) the retail licenses do not operate at the same time on the same day.
- (3) When one or more licensees hold more than one type of retail license for the same premises under Subsection (2)(b), the one or more licensees shall post in a conspicuous location at the entrance of the room a sign that:
- (a) measures 8-1/2 inches by 11 inches; and
- (b) states whether the premises is currently operating as:
- (i) a restaurant;
- (ii) an on-premise beer retailer that is not a tavern; or
- (iii) a banquet or a reception center.
- (4)
- (a) The commission may not issue and one or more licensees may not hold a bar license or a tavern license in the same room as a restaurant license.
- (b) For purposes of Subsection (4)(a), two licenses are not considered in the same room if:
- (i) each shared permanent wall between the premises licensed as a bar or a tavern and the premises licensed as a restaurant measures at least eight feet high;
- (ii) the premises for each license has a separate entryway that does not require a patron to pass through the premises licensed as a bar or a tavern to access the premises licensed as a restaurant; and
- (iii) if a patron must pass through the premises licensed as a restaurant to access the entryway to the premises licensed as a bar or a tavern, a patron on the premises licensed as a restaurant cannot see a dispensing structure on the premises licensed as a bar or a tavern.
- (5)
- (a) If, on May 9, 2017, one or more licensees hold more than one type of retail license in violation of Subsection (2) or (4), the one or more licensees may operate under the different types of retail licenses through June 30, 2018.
- (b) A licensee may not operate in violation of Subsection (2) or (4) on or after July 1, 2018.
- (c) Before July 1, 2018, each licensee described in Subsection (5)(a) shall notify the commission of each retail license that the licensee will surrender effective July 1, 2018, to comply with the provisions of Subsection (2) or (4).
- (d) The commission shall establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a procedure by which a licensee surrenders a retail license under this Subsection (5).
- (6)
- (a) The commission may issue more than one type of sublicense to a resort licensed under Chapter 8, Resort License Act, or a hotel licensed under Chapter 8b, Hotel License Act, for the same room if the sublicense premises are clearly delineated by one or more permanent physical structures, such as a wall or other architectural feature, that separate the sublicense premises.
- (b) A patron may not transport an alcoholic beverage between two sublicense premises located in the same room in accordance with Subsection (6)(a).
- (c) Notwithstanding any provision to the contrary, a minor may momentarily pass through a sublicense premises that is a bar to reach another location where a minor may lawfully be, if there is no practical alternative route to the location.
Amended by Chapter 249, 2018 General Session
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