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2020 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 (2020)
Effective 5/12/2020
32B-5-207. Multiple retail licenses on same premises.
Amended by Chapter 219, 2020 General Session
32B-5-207. Multiple retail licenses on same premises.
- (1) As used in this section, "license" means:
- (a) a retail license; or
- (b) a sublicense.
- (2) Except as provided in Subsection (3), the commission may not issue and one or more licensees may not hold more than one type of license for the same premises.
- (3)
- (a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if:
- (i) the applicant or licensee satisfies the requirements for each license;
- (ii) the types of 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;
- (C) an on-premise banquet license or a reception center license; and
- (D) a hospitality amenity license; and
- (iii) the licenses do not operate at the same time on the same day.
- (b) The commission may issue and two or more restaurant licensees may share an area of each restaurant licensee's licensed premises designated for alcoholic beverage consumption, if:
- (i) the applicants or licensees satisfy the requirements for each license; and
- (ii) the only shared premises between the issued or held restaurant licenses is the area for alcoholic beverage consumption.
- (c) The commission may issue and two or more licensees may share a kitchen or culinary facilities located in or on one or more of the licensees' licensed premises, if:
- (i) the types of licenses issued or held are two or more sublicenses of a principal licensee:
- (A) one of which is an on-premise banquet sublicense; and
- (B) one of which is a restaurant license that is a sublicense, an on-premise beer retailer sublicense that is not a tavern, or a bar sublicense; or
- (ii)
- (A) the same person applies for or holds each license;
- (B) the licensed premises are each owned or leased by the same person and located in the same building; and
- (C) the only shared premises between the issued or held licenses is the kitchen or culinary facilities area, including any pathway necessary to transport an item to and from the area.
- (i) the types of licenses issued or held are two or more sublicenses of a principal licensee:
- (a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if:
- (4) When one or more licensees hold more than one type of license for the same premises under Subsection (3)(a), 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;
- (iii) a banquet or a reception center; or
- (iv) a hospitality amenity.
- (5) When two or more restaurant licensees share an area of each restaurant licensee's licensed premises designated for alcoholic beverage consumption in accordance with Subsection (3)(b), each licensee shall:
- (a) maintain control over the licensee's patrons; and
- (b) use a visual marker to clearly identify which licensee served each patron.
- (6)
- (a) For purposes of Subsection (3)(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 (6)(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.
- (7)
- (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 sublicensed premises are clearly delineated by one or more permanent physical structures, such as a wall or other architectural feature, that separate the sublicensed premises.
- (b) A patron may not transport an alcoholic beverage between two sublicensed premises located in the same room in accordance with Subsection (7)(a).
- (c) Notwithstanding any provision to the contrary, a minor may momentarily pass through a sublicensed 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 219, 2020 General Session
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