Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 117
Approved for Filing: E.A. Evans 6
         6 12-27-22 11:04 AM 6
                      OCCUPATIONAL RESTRICTION AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                            Chief Sponsor: Norman K Thurston
                              Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to serving an alcoholic product in a restaurant
 licensed by the Department of Alcoholic Beverage Services.
 Highlighted Provisions:
        This bill:
        < allows an employee of a restaurant licensee who is at least 18 years old to:
            C   inform a patron of the availability of an alcoholic product for purchase; and
            C   take a patron's order for an alcoholic product; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        32B-5-308, as last amended by Laws of Utah 2019, Chapter 403
        32B-6-205.2, as last amended by Laws of Utah 2022, Chapter 447
        32B-6-305.2, as last amended by Laws of Utah 2022, Chapter 447
                                                                                                    H.B. 117
        32B-6-905.1, as last amended by Laws of Utah 2022, Chapter 447
27
     *HB0117*
       H.B. 117                                                                   12-27-22 11:04 AM
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 32B-5-308 is amended to read:
        32B-5-308. Requirements on staff or others on premises -- Employing a minor.
        (1) Staff of a retail licensee, while on duty, may not:
        (a) consume an alcoholic product; or
        (b) be intoxicated.
        (2) (a) A retail licensee may not employ a minor to sell, offer for sale, furnish, or
 dispense an alcoholic product.
        (b) Notwithstanding Subsection (2)(a), unless otherwise prohibited in the provisions
 related to the specific type of retail license, a retail licensee may employ a minor who is at least
 16 years of age to enter the sale at a cash register or other sales recording device.
        [(3) A full-service restaurant licensee, limited-service restaurant licensee, or beer-only
 restaurant licensee may employ a minor who is at least 16 years of age to bus tables, including
 containers that contain an alcoholic product.]
        Section 2. Section 32B-6-205.2 is amended to read:
        32B-6-205.2. Specific operational requirements for a full-service restaurant
 license -- On and after July 1, 2018, or July 1, 2022.
        (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
 Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
 shall comply with this section.
        (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
 accordance 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) (a) An individual who serves an alcoholic product in a full-service restaurant
 licensee's premises shall make a beverage tab for each table or group that orders or consumes
 an alcoholic product on the premises.
        (b) A beverage tab described in this Subsection (2) shall state the type and amount of
 each alcoholic product ordered or consumed.
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       12-27-22 11:04 AM                                                                         H.B. 117
         (3) A full-service restaurant licensee may not make an individual's willingness to serve
 an alcoholic product a condition of employment with a full-service restaurant licensee.
         (4) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
 licensed premises during the following time periods only:
         (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
         (ii) on a weekend or a state or federal legal holiday or for a private event, during the
 period that begins at 10:30 a.m. and ends at 11:59 p.m.
         (b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
 licensed premises during the following time periods only:
         (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
         (ii) on a weekend or a state or federal legal holiday or for a private event, during the
 period that begins at 10:30 a.m. and ends at 12:59 a.m.
         (5) (a) A full-service restaurant licensee may not furnish an alcoholic product for
 on-premise consumption except after:
         (i) the patron to whom the full-service restaurant licensee furnishes the alcoholic
 product is seated at:
         (A) a table that is located in a dining area or a dispensing area;
         (B) a counter that is located in a dining area or a dispensing area; or
         (C) a dispensing structure that is located in a dispensing area; and
         (ii) the full-service restaurant licensee confirms that the patron intends to:
         (A) order food prepared, sold, and furnished at the licensed premises; and
         (B) except as provided in Subsection (5)(b), consume the food at the same location
 where the patron is seated and furnished the alcoholic product.
         (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
 full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
 furnish to the patron one drink that contains a single portion of an alcoholic product as
 described in Section 32B-5-304 if:
         (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
 structure; and
         (B) the full-service restaurant licensee first confirms that after the patron is seated in
 the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
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        H.B. 117                                                                    12-27-22 11:04 AM
 premises.
           (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
 in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
 and serve an alcoholic product under Section 32B-5-306 shall transport any unfinished portion
 of the patron's alcoholic product to the patron's seat in the dining area.
           (iii) For purposes of Subsection (5)(b)(i) a single portion of wine is five ounces or less.
           (c) Notwithstanding Section 32B-5-307, a full-service restaurant licensee may not
 furnish beer for off-premise consumption except after the patron consumes on the licensed
 premises food prepared, sold, and furnished at the licensed premises.
           (d) A full-service restaurant licensee shall maintain on the licensed premises adequate
 culinary facilities for food preparation and dining accommodations.
           (6) A patron may consume an alcoholic product on the full-service restaurant licensee's
 licensed premises only if the patron is seated at:
           (a) a table that is located in a dining area or dispensing area;
           (b) a counter that is located in a dining area or dispensing area; or
           (c) a dispensing structure located in a dispensing area.
           (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 more than one spirituous liquor drink at a time before the
 patron.
           (c) An individual portion of wine is considered to be one alcoholic product under
 Subsection (7)(a).
           (8) In accordance with the provisions of this section, an individual who is at least 21
 years old may consume food and beverages in a dispensing area.
           (9) (a) Except as provided in Subsection (9)(b), a minor may not sit, remain, or
 consume food or beverages in a dispensing area.
           (b) (i) A minor may be in a dispensing area if the minor is:
           (A) at least 16 years old and working as an employee of the full-service restaurant
 licensee; or
           (B) performing maintenance and cleaning services as an employee of the full-service
 restaurant licensee when the full-service restaurant licensee is not open for business.
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        12-27-22 11:04 AM                                                                         H.B. 117
        (ii) If there is no alternative route available, a minor may momentarily pass through a
 dispensing area without remaining or sitting in the dispensing area en route to an area of the
 full-service restaurant licensee's premises in which the minor is permitted to be.
        (c) A full-service restaurant licensee may employ a minor who is at least 16 years old
 to bus tables, including containers that contain an alcoholic product.
        (d) Notwithstanding Subsection 32B-5-308(2)(a), a full-service restaurant licensee may
 employ a minor who is at least 18 years old to:
        (i) inform a patron of the availability of an alcoholic product for purchase; or
        (ii) take a patron's order for an alcoholic product.
        (10) Except as provided in Subsection 32B-5-307(3), a full-service restaurant licensee
 may dispense an alcoholic product only if:
        (a) the alcoholic product is dispensed from:
        (i) a dispensing structure that is located in a dispensing area;
        (ii) an area that is:
        (A) separated from an area for the consumption of food by a patron by a solid,
 translucent, permanent structural barrier such that the facilities for the dispensing of an
 alcoholic product are not readily visible to a patron and not accessible by a patron; and
        (B) apart from an area used for dining, for staging, or as a waiting area; or
        (iii) the premises of a bar licensee that is:
        (A) owned by the same person or persons as the full-service restaurant licensee; and
        (B) located immediately adjacent to the premises of the full-service restaurant licensee;
 and
        (b) any instrument or equipment used to dispense alcoholic product is located in an
 area described in Subsection (10)(a).
        (11) (a) A full-service restaurant licensee may have more than one dispensing area in
 the licensed premises.
        (b) Each dispensing area in a licensed premises may satisfy the requirements for a
 dispensing area under Subsection 32B-6-202(2)(a)(i), (ii), or (iii), regardless of how any other
 dispensing area in the licensed premises satisfies the requirements for a dispensing area.
        (12) A full-service restaurant licensee may not:
        (a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
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        H.B. 117                                                                   12-27-22 11:04 AM
        (b) display an alcoholic product or a product intended to appear like an alcoholic
 product by moving a cart or similar device around the licensed premises.
        (13) A full-service restaurant licensee may state in a food or alcoholic product menu a
 charge 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.
        (14) (a) In addition to the requirements described in Section 32B-5-302, a full-service
 restaurant licensee shall maintain each of the following records for at least three years:
        (i) a record required by Section 32B-5-302; and
        (ii) a record that the commission requires a full-service restaurant licensee to use or
 maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
 Rulemaking Act.
        (b) The department shall audit the records of a full-service restaurant licensee at least
 once annually.
        (15) A full-service restaurant licensee may lease to a patron of the full-service
 restaurant licensee a locked storage space:
        (a) that the commission considers proper for the storage of wine; and
        (b) for the storage of wine that:
        (i) the patron purchases from the full-service restaurant licensee; and
        (ii) only the full-service restaurant licensee or staff of the full-service restaurant
 licensee may remove from the locker for the patron's use in accordance with this title,
 including:
        (A) service and consumption on licensed premises as described in Section 32B-5-306;
 or
        (B) removal from the full-service retail licensee's licensed premises in accordance with
 Section 32B-5-307.
        Section 3. Section 32B-6-305.2 is amended to read:
        32B-6-305.2. Specific operational requirements for a limited-service restaurant
 license -- On and after July 1, 2018, or July 1, 2022.
        (1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
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        12-27-22 11:04 AM                                                                      H.B. 117
 Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
 licensee shall comply with this section.
        (b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
 accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
        (i) a limited-service restaurant licensee;
        (ii) individual staff of a limited-service restaurant licensee; or
        (iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
 licensee.
        (2) (a) An individual who serves an alcoholic product in a limited-service restaurant
 licensee's premises shall make a beverage tab for each table or group that orders or consumes
 an alcoholic product on the premises.
        (b) A beverage tab described in this Subsection (2) shall state the type and amount of
 each alcoholic product ordered or consumed.
        (3) A limited-service restaurant licensee may not make an individual's willingness to
 serve an alcoholic product a condition of employment with a limited-service restaurant
 licensee.
        (4) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
 heavy beer at the licensed premises during the following time periods only:
        (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
        (ii) on a weekend or a state or federal legal holiday or for a private event, during the
 period that begins at 10:30 a.m. and ends at 11:59 p.m.
        (b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
 licensed premises during the following time periods only:
        (i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
        (ii) on a weekend or a state or federal legal holiday or for a private event, during the
 period that begins at 10:30 a.m. and ends at 12:59 a.m.
        (5) (a) A limited-service restaurant licensee may not furnish an alcoholic product for
 on-premise consumption except after:
        (i) the patron to whom the limited-service restaurant licensee furnishes the alcoholic
 product is seated at:
        (A) a table that is located in a dining area or a dispensing area;
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        H.B. 117                                                                   12-27-22 11:04 AM
        (B) a counter that is located in a dining area or a dispensing area; or
        (C) a dispensing structure that is located in a dispensing area; and
        (ii) the limited-service restaurant licensee confirms that the patron intends to:
        (A) order food prepared, sold, and furnished at the licensed premises; and
        (B) except as provided in Subsection (5)(b), consume the food at the same location
 where the patron is seated and furnished the alcoholic product.
        (b) (i) While a patron waits for a seat at a table or counter in the dining area of a
 limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
 sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
 described in Section 32B-5-304 if:
        (A) the patron is in a dispensing area and seated at a table, counter, or dispensing
 structure; and
        (B) the limited-service restaurant licensee first confirms that after the patron is seated
 in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
 premises.
        (ii) If the patron does not finish the patron's alcoholic product before moving to a seat
 in the dining area, an emplo