Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 304
Approved for Filing: C.R. Gilbert 6
         6 01-16-24 10:41 AM 6
                           ALCOHOL CONTROL AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: Ken Ivory
                                  Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to alcohol control.
 Highlighted Provisions:
        This bill:
        < requires a bar establishment to maintain for a specified time period a record of each
 purchase of an alcoholic beverage;
        < modifies the required showing for prima facie evidence of dram shop liability;
        < allows an individual to obtain a DUI investigative report if the individual suffered
 loss or injury as a result of the defendant's actions; and
        < prohibits expungement of a felony DUI conviction even if the court enters a
 judgment for conviction to a lower degree of offense.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        32B-6-406, as last amended by Laws of Utah 2023, Chapters 371, 400
                                                                                                      H.B. 304
        32B-15-201, as last amended by Laws of Utah 2023, Chapter 400
        77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
     *HB0304*
       H.B. 304                                                                  01-16-24 10:41 AM
 ENACTS:
        41-6a-531, Utah Code Annotated 1953
30
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 32B-6-406 is amended to read:
        32B-6-406. Specific operational requirements for a bar establishment license.
        (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
 Requirements, a bar establishment licensee and staff of the bar establishment 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 bar establishment licensee;
        (ii) individual staff of a bar establishment licensee; or
        (iii) both a bar establishment licensee and staff of the bar establishment licensee.
        (2) In addition to complying with Subsection 32B-5-301(3), a bar licensee shall display
 in a conspicuous place at the entrance to the licensed premises a sign that:
        (a) measures at least 8-1/2 inches long and 11 inches wide; and
        (b) clearly states that the bar licensee is a bar and that no one under 21 years old is
 allowed.
        (3) (a) In addition to complying with Section 32B-5-302, a bar establishment licensee
 shall maintain for a minimum of three years:
        (i) a record required by Subsection 32B-5-302(1); and
        (ii) a record maintained or used by the bar establishment licensee, as the department
 requires.
        (b) A bar establishment licensee shall maintain for a minimum of 30 days a record of
 each payment for the purchase of an alcoholic beverage that includes:
        (i) the patron's name;
        (ii) the date and time of the purchase;
        (iii) the quantity and type of each alcoholic beverage included in the purchase; and
        (iv) if the purchase is made by cash, a digital copy of the patron's proof of age.
        [(b)] (c) Section 32B-1-205 applies to a record required to be made, maintained, or
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       01-16-24 10:41 AM                                                                        H.B. 304
 used in accordance with this Subsection (3).
        [(c)] (d) The department shall audit the records of a bar establishment licensee at least
 once annually.
        (4) (a) A bar establishment licensee may not sell, offer for sale, or furnish liquor on the
 licensed premises on any day during a period that:
        (i) begins at 1 a.m.; and
        (ii) ends at 9:59 a.m.
        (b) A bar establishment licensee may sell, offer for sale, or furnish beer during the
 hours specified in Part 7, On-Premise Beer Retailer License, for an on-premise beer retailer
 license.
        (c) (i) Notwithstanding Subsections (4)(a) and (b), a bar establishment licensee shall
 keep its licensed premises open for one hour after the bar establishment licensee ceases the sale
 and furnishing of an alcoholic product during which time a patron of the bar establishment
 licensee may finish consuming:
        (A) a single drink containing spirituous liquor;
        (B) except as provided in Subsection (4)(c)(i)(C), a single serving of wine not
 exceeding five ounces;
        (C) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed
 container and contains no more than 5% of alcohol by volume;
        (D) a single serving of heavy beer;
        (E) a single serving not exceeding 26 ounces of beer; or
        (F) a single serving of a flavored malt beverage.
        (ii) A bar establishment licensee is not required to remain open:
        (A) after all patrons have vacated the premises; or
        (B) during an emergency.
        (5) (a) A minor:
        (i) may not be admitted into, use, or be in the licensed premises of:
        (A) a dining club licensee unless accompanied by an individual who is 21 years old or
 older; or
        (B) a bar licensee, except to the extent provided for under Section 32B-6-406.1;
        (ii) may only be admitted into, use, or be in the lounge or bar area of an equity
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        H.B. 304                                                                  01-16-24 10:41 AM
 licensee's or fraternal licensee's licensed premises:
        (A) when accompanied by an individual who is 21 years old or older; and
        (B) momentarily while en route to another area of the licensee's premises; and
        (iii) may not remain or sit in the lounge or bar area of an equity licensee's or fraternal
 licensee's licensed premises.
        (b) Notwithstanding Section 32B-5-308, a bar establishment licensee may not employ a
 minor to:
        (i) work in a lounge or bar area of an equity licensee, fraternal licensee, or dining club
 licensee; or
        (ii) handle an alcoholic product.
        (c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensed
 premises of a bar licensee.
        (d) Nothing in this part or Section 32B-5-308 precludes a local authority from being
 more restrictive of a minor's admittance to, use of, or presence on the licensed premises of a bar
 establishment licensee.
        (6) A bar establishment licensee shall have food available at all times when an
 alcoholic product is sold, offered for sale, furnished, or consumed on the licensed premises.
        (7) (a) Subject to the other provisions of this Subsection (7), a patron may not have
 more than two alcoholic products of any kind at a time before the patron.
        (b) A patron may not have two spirituous liquor drinks before the bar establishment
 licensee patron if one of the spirituous liquor drinks consists only of the primary spirituous
 liquor for the other spirituous liquor drink.
        (c) An individual portion of wine is considered to be one alcoholic product under
 Subsection (7)(a).
        (8) A bar establishment licensee shall have available on the premises for a patron to
 review at the time that the patron requests it, a written alcoholic product price list or a menu
 containing the price of an alcoholic product sold, offered for sale, or furnished by the bar
 establishment licensee including:
        (a) a set-up charge;
        (b) a service charge; or
        (c) a chilling fee.
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        01-16-24 10:41 AM                                                                        H.B. 304
        (9) Subject to Section 32B-5-309, a bar establishment licensee may not temporarily
 rent or otherwise temporarily lease its premises to a person unless:
        (a) the person to whom the bar establishment licensee rents or leases the premises
 agrees in writing to comply with this title as if the person is the bar establishment licensee,
 except for a requirement related to making or maintaining a record; and
        (b) the bar establishment licensee takes reasonable steps to ensure that the person
 complies with this section as provided in Subsection (9)(a).
        (10) If a bar establishment licensee is an equity licensee or fraternal licensee, the bar
 establishment licensee shall comply with Section 32B-6-407.
        (11) If a bar establishment licensee is a dining club licensee or bar licensee, the bar
 establishment licensee shall comply with Section 32B-1-407.
        (12) (a) A bar establishment licensee shall own or lease premises suitable for the bar
 establishment licensee's activities.
        (b) A bar establishment licensee may not maintain licensed premises in a manner that
 barricades or conceals the bar establishment licensee's operation.
        Section 2. Section 32B-15-201 is amended to read:
        32B-15-201. Liability for injuries and damage resulting from distribution of
 alcoholic products -- Prima facie evidence.
        (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in
 Subsection (1)(b) is liable for:
        (i) any and all injury and damage, except punitive damages to:
        (A) a third person; or
        (B) the heir, as defined in Section 78B-3-105, of the third person; or
        (ii) the death of a third person.
        (b) A person is liable under Subsection (1)(a) if:
        (i) the person directly gives, sells, or otherwise provides an alcoholic product:
        (A) to a person described in Subsection (1)(b)(ii); and
        (B) as part of the commercial sale, storage, service, manufacture, distribution, or
 consumption of an alcoholic product;
        (ii) those actions cause the intoxication of:
        (A) an individual under 21 years old;
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        H.B. 304                                                                   01-16-24 10:41 AM
         (B) an individual who is apparently under the influence of an alcoholic product or
 drug;
         (C) an individual whom the person furnishing the alcoholic product knew or should
 have known from the circumstances was under the influence of an alcoholic product or drug; or
         (D) an individual who is a known interdicted person; and
         (iii) the injury or death described in Subsection (1)(a) results from the intoxication of
 the individual who is provided the alcoholic product.
         (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an
 injury or death that results from the intoxication of an individual described in Subsection
 (1)(b)(ii)(B) or (C) if:
         (i) the person directly gives, sells, or otherwise provides the individual the last
 alcoholic product the individual consumes before the injury or death described in Subsection
 (1)(b)(iii);
         (ii) the individual consumes the alcoholic product at the location where the person
 directly gives, sells, or otherwise provides the individual the alcoholic product;
         (iii) the injury or death occurs within [30 minutes after the time at which the individual
 leaves, and within a 10] a 50 mile radius of, the location where the person gives, sells, or
 otherwise provides the individual the alcoholic product; and
         (iv) (A) the individual is charged with [a criminal violation of Section 41-6a-502 for
 driving under the influence of an alcoholic product in relation to the injury or death.] an offense
 described in Subsection 41-6a-501(2)(a); or
         (B) if the individual dies as a result of the event that caused the injury or death, a
 subsequent chemical test shows that the individual had a blood alcohol concentration of .05
 grams or greater at the time of the test.
         (2) (a) A person 21 years old or older who is described in Subsection (2)(b) is liable
 for:
         (i) any and all injury and damage, except punitive damages to:
         (A) a third person; or
         (B) the heir, as defined in Section 78B-3-105, of the third person; or
         (ii) the death of the third person.
         (b) A person is liable under Subsection (2)(a) if:
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        01-16-24 10:41 AM                                                                       H.B. 304
        (i) the person directly gives or otherwise provides an alcoholic product to an individual
 who the person knows or should have known is under 21 years old;
        (ii) those actions caused the intoxication of the individual provided the alcoholic
 product;
        (iii) the injury or death described in Subsection (2)(a) results from the intoxication of
 the individual who is provided the alcoholic product; and
        (iv) the person is not liable under Subsection (1), because the person did not directly
 give or provide the alcoholic product as part of the commercial sale, storage, service,
 manufacture, distribution, or consumption of an alcoholic product.
        (3) This section does not apply to a business licensed in accordance with Chapter 7,
 Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.
        Section 3. Section 41-6a-531 is enacted to read:
        41-6a-531. Access to DUI investigative reports.
        (1) As used in this section:
        (a) "Agent" means:
        (i) a person's attorney that has been formally engaged;
        (ii) a person's insurer; or
        (iii) any other person with signed permission to receive information under this section
 on a person's behalf.
        (b) "DUI investigative report" means all materials that a peace officer gathers as part of
 investigating an offense described in Subsection 41-6a-501 including:
        (i) the identity of witnesses and, if known, contact information;
        (ii) witness statements;
        (iii) photographs and videotapes;
        (iv) diagrams;
        (v) field notes;
        (vi) test results; and
        (vii) any TRACE investigation report.
        (2) (a) Upon request, a law enforcement agency shall disclose an unredacted DUI
 investigative report to:
        (i) a person who suffers loss or injury related to the person's actions that gave rise to
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        H.B. 304                                                                   01-16-24 10:41 AM
 the investigation; or
        (ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).
        (b) A law enforcement agency responding to a request under Subsection (2)(a) may:
        (i) withhold a portion of the DUI investigative report if disclosure would materially
 prejudice an ongoing criminal investigation or criminal prosecution;
        (ii) redact or withhold any privileged information; or
        (iii) redact an individual's phone number or address, if disclosure of the individual's
 phone number or address may endanger an individual's physical safety.
        (3) A law enforcement agency may charge a reasonable fee to cover the cost incurred
 by disclosing a DUI investigative report in accordance with this section.
        Section 4. Section 77-40a-303 is amended to read:
        77-40a-303. Requirements for a certificate of eligibility to expunge records of a
 conviction.
        (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
 certificate of eligibility from the bureau to expunge the records of a conviction if:
        (a) the petitioner has paid in full all fines and interest ordered by the court related to the
 conviction for which expungement is sought;
        (b) the petitioner has paid in full all restitution ordered by the court under Section
 77-38b-205; and
        (c) the following time periods have passed after the day on which the petitioner was
 convicted or released from incarceration, parole, or probation, whichever occurred last, for the
 conviction that the petitioner seeks to expunge:
        (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
        (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
 amount of a controlled substance in an individual's body and causing serious bodily injury or
 death, as codified before May 4, 2022, Laws of Utah 2021,
 Chapter 236, Section 1, Subsection 58-37-8(2)(g);
        (iii) seven years for the conviction of a felony;
        (iv) five years for the conviction of a drug possession offense that is a felony;
        (v) five years for the conviction of a class A misdemeanor;
        (vi) four years for the conviction of a class B misdemeanor; or