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[Utah Administrative Code Table of Contents]
[Title R081. Table of Contents]
R81-4A-1 Licensing.
(1) Restaurant liquor licenses are issued to persons as defined in Section 32A-1-105 (34). Any contemplated action or transaction that may alter the organizational structure or ownership interest of the person to whom the license is issued must be submitted to the department for approval prior to consummation of any such action to ensure there is no violation of Sections 32A-4-102 (3) and 32A-4-103.
(2) A restaurant liquor licensee that wishes to operate the same licensed premises under the operational restrictions of an on-premise beer retailer during certain designated periods of the day or night, must apply for and be issued a separate on-premise beer retailer license subject to the following:
(a) The same restaurant licensee must separately apply for a state on-premise beer retailer license pursuant to the requirements of Sections 32A-10-202 , -203, and -205.
(b) Licensees applying for dually licensed premises must notify the department of the time periods under which each license will be operational at the time application is made. Changes must be requested in writing and approved in advance by the department. Licensees may operate sequentially under either license, but not concurrently.
(c) Restaurant liquor licensees holding a separate on-premise beer retailer license must operate in accordance with 32A-10-206 and R81-10 during the hours the on-premise beer retailer license is active.
(d) Liquor storage areas on the restaurant premises shall be deemed to remain on the floor plan of the restaurant premises and shall be kept locked during the hours the on-premise beer retailer license is active.
R81-4A-2 Application.
A license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of a restaurant license when the requirements of Sections 32A-4-102 , -103, and -105 have been met, a completed application has been received by the department, and the restaurant premises have been inspected by the department.
R81-4A-3 Bonds.
No part of any corporate or cash bond required by Section 32A-4-105 , may be withdrawn during the time the license is in effect. If the licensee fails to maintain a valid corporate or cash bond, the license shall be immediately suspended until a valid bond is obtained. Failure to obtain a bond within 30 days of notification by the department of the delinquency shall result in the automatic revocation of the license.
R81-4A-4 Insurance.
Public liability and dram shop insurance coverage required in Section 32A-4-102 (1)(h) and (i) must remain in force during the time the license is in effect. Failure of the licensee to maintain the required insurance coverage may result in a suspension or revocation of the license by the commission.
R81-4A-5 Restaurant Liquor Licensee Liquor Order Procedures.
The following procedures shall be followed when restaurant liquor licensees order liquor from any state liquor store, package agency, or department satellite warehouse:
(1) A "Restaurant Liquor Order Form" must be completed for all restaurant liquor orders. The order form must be filled out by store/agency personnel and must include the restaurant liquor licensee name, department license number, and merchandise listed by code number.
(2) The licensee must allow at least one hour for the store/agency to fill the order. When the order is complete, the licensee will be notified by phone. The total cost of the store/agency total and the licensee total must agree.
(3) All orders must be picked up before 5:00 p.m. the same day the order is placed. The licensee's designee must check and sign for the order before it leaves the store, agency or warehouse.
(4) Merchandise shall be supplied to the licensee on request when it is available on a first come, first served basis.
R81-4A-6 Restaurant Liquor Licensee Operating Hours.
Allowable hours of liquor sales shall be in accordance with Section 32A-4-106 (8). However, the licensee may open the liquor storage area during hours otherwise prohibited for the limited purpose of inventory, restocking, repair, and cleaning.
R81-4A-7 Sale and Purchase of Alcoholic Beverages.
(1) Alcoholic beverages (including light beer) must be sold in connection with an order for food placed and paid for by a patron. An order for food may not include food items gratuitously provided by the restaurant to patrons. A patron may pay for an alcoholic beverage at the time of purchase, or, at the discretion of both the licensee and the patron, the price charged may be added to the patron's tab, provided that a written beverage tab, as provided in Section 32A-4-106 (32), shall be commenced upon the patron's first purchase and shall be maintained by the restaurant during the course of the patron's stay at the restaurant regardless of where the patron orders and consumes an alcoholic beverage.
(2) The restaurant shall maintain at least 70% of its total business from the sale of food pursuant to Section 32A-4-106 (30).
(a) The restaurant shall maintain records separately showing quarterly expenditures and sales for beer, heavy beer, liquor, wine, set-ups, and food. These shall be available for inspection and audit by representatives of the department, and maintained for a period of three years.
(b) If any inspection or audit discloses that the sales of food are less than 70% for any quarterly period, an order to show cause shall be issued by the department to determine why the license should not be immediately suspended by the commission. Any suspension shall remain in effect until the licensee is able to prove to the satisfaction of the commission that in the future, the sales of food will meet or exceed 70%. Failure of the licensee to provide satisfactory proof of the required food percentage within three months of the date the license was suspended, shall result in the revocation of the license.
(3) Liquor dispensing shall be in accordance with Section 32A-4-106 ; and Sections R81-1-9 (Liquor Dispensing Systems), R81-1-10 (Wine Dispensing), and R81-1-11 (Multiple Licensed Facility Storage and Service) of these rules.
However, an alcoholic beverage may contain the contents of a 50 ml bottle as a primary liquor if the commission has authorized the use of the 50 ml bottle for a specific liquor product.
R81-4A-8 Liquor Storage.
Liquor bottles kept for sale in use with a dispensing system, liquor flavorings in properly labeled unsealed containers, and unsealed containers of wines poured by the glass may be stored in the same storage area of the restaurant as approved by the department.
R81-4A-9 Alcoholic Product Flavoring.
Restaurant liquor licensees may use alcoholic products as flavoring subject to the following guidelines:
(1) The stock of alcoholic product flavoring shall be stored so as not to be visible to patrons of the restaurant.
(2) Alcoholic product flavoring may be utilized in beverages only during the authorized selling hours under the restaurant liquor license. Alcoholic product flavoring may be used in the preparation of food items and desserts at any time if plainly and conspicuously labeled "cooking flavoring".
(3) No restaurant employee under the age of 21 years may handle alcoholic product flavorings.
R81-4A-10 Table Service.
A wine service may be performed by the server at the patron's table for wine either purchased at the restaurant or carried in by a patron, provided the wine has an official state label affixed. The wine may be opened and poured by the server.
R81-4A-11 Consumption at Patron's Table.
(1) A patron's table may be located in waiting, patio, garden and dining areas previously approved by the department, but may not be located at the site where alcoholic beverages are dispensed to the server or stored.
(2) Consumption of any alcoholic beverage must be within a reasonable proximity of a patron's table so as to ensure that the server can maintain a written beverage tab on the amount of alcoholic beverages consumed.
(3) All liquor consumed in a licensed restaurant must come from a container or package having an official state label affixed.
R81-4A-12 Menus; Price Lists.
Licensees must have available separate food and alcoholic beverage menus. Alcoholic beverage menus may be provided to the patron only if the patron requests an alcoholic beverage menu or otherwise inquires about the availability of alcoholic beverages.
(1) Contents of Food Menu. No liquor, wine, or heavy beer may be listed or otherwise referred to on any pages of the food menu. However the food menu may include reference to any light beer, service charges, chilling fees, or other charges or fees made in connection with the sale, service, or consumption of liquor, packaged wine or heavy beer.
(2) Contents of Alcoholic Beverage Menu.
(a) Each licensee shall have readily available for its patrons a printed alcoholic beverage price list, or menu containing current prices of all mixed drinks, wine, beer, and heavy beer. This list shall include any charges for the service of packaged wines or heavy beer.
(b) Any printed menu, master beverage price list or other printed list is sufficient as long as the prices are current and it meets the requirements of this rule.
(c) Customers shall be notified of the price charged for any packaged wine or heavy beer and any service charges for the supply of glasses, chilling, or wine service.
(d) A licensee or his employee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the licensed premises.
R81-4A-13 Identification Badge.
Each employee of the licensee who sells, dispenses or provides alcoholic beverages shall wear a unique identification badge visible above the waist, bearing the employee's first name, initials, or a unique number in letters or numbers not less than 3/8 inch high. The identification badge must be worn on the front portion of the employee's body. The licensee shall maintain a record of all employee badges assigned, which shall be available for inspection by any peace officer, or representative of the department. The record shall include the employee's full name and address and a driver's license or similar identification number.
R81-4A-14 Brownbagging.
When private social functions or privately hosted events, as defined in 32A-1-105 (38), are held on the premises of a licensed restaurant, the proprietor may, in his or her discretion, allow members of the private group to bring onto the restaurant premises, their own alcoholic beverages under the following circumstances:
(1) When the entire restaurant is closed to the general public for the private function or event, or
(2) When an entire room or area within the restaurant such as a private banquet room is closed to the general public for the private function or event, and members of the private group are restricted to that area, and are not allowed to co-mingle with public patrons of the restaurant.
[Indexing]
KEY: alcoholic beverages
1994
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
32A-1-107
Notice of Continuation January 10, 1997
