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[Utah Administrative Code Table of Contents]
[Title R081. Table of Contents]
R81-10-1 Licensing.
(1) On-premise beer retailer licenses are issued to persons as defined in Section 32A-1-105 (34). Persons holding a temporary special event beer license or permit from a local licensing authority for events not exceeding 30 days are not required to obtain a state on-premise beer license. The department must be immediately notified of any action or transaction that may alter the organizational structure or ownership interest of the person to whom the license is issued to ensure there is no violation of Sections 32A-10-202 (3) and 32A-10-203.
(2) An on-premise beer retailer licensee that wishes to operate the same licensed premises under the operational restrictions of a restaurant liquor license during certain designated periods of the day or night, must apply for and be issued a separate restaurant liquor license subject to the following:
(a) The same on-premise beer retailer licensee must separately apply for a state restaurant liquor license pursuant to the requirements of Sections 32A-4-102 , -103, and -105.
(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) On-premise beer retailer licensees holding a separate restaurant liquor license must operate in accordance with 32A-4-106 and R81-4A during the hours the restaurant liquor 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.
R81-10-2 Application.
A license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of an on-premise beer retailer license when the requirements of Sections 32A-10-202 , -203, and -205 have been met, and a completed application has been received by the department and the beer retailer premises have been inspected by the department.
R81-10-3 Bonds.
No part of any corporate or cash bond required by Section 32A-10-205 may be withdrawn during the time the license is in effect. If the on-premise beer 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.
R81-10-4 Insurance.
Public liability and dram shop insurance coverage required in Section 32A-10-202 (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.
R81-10-5 On-premise Beer Licensee Operating Hours.
Beer sales shall be in accordance with Section 32A-10-206 (4). However, on-premise beer licensees may open their beer storage area during hours otherwise prohibited for the limited purpose of inventory, restocking, repair, and cleaning.
R81-10-6 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.
R81-10-7 Draft Beer Sales/Minors on Premises.
A state on-premise beer license, restaurant liquor license, or private club license authorizes the licensee to sell beer on draft regardless of the nature of the business (e.g. cafe, restaurant, pizza parlor, bowling alley, golf course clubhouse, club, tavern, etc.). Minors may not be precluded from establishments based upon whether draft beer is sold. However, minors may not be employed by or be on the premises of any establishment or portion of an establishment which is a "tavern" as defined in Section 32A-1-105 (5)(c). This does not preclude local authorities and licensees from excluding minors from premises or portions of premises which have the atmosphere or appearance of a "tavern" as so defined.
[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 December 23, 1996
