Utah Code § 32B-6-901 Title.
32B-6-901. Title.
This part is known as "Beer-only Restaurant License."
Enacted by Chapter 334, 2011 General Session
Beer-Only Restaurant License
Utah Code tit. 32B, ch. 32B-6, pt. 32B-6-P9
in effectUtah Code § 32B-6-902 Definitions.
32B-6-902. Definitions.
(1) As used in this part:
(a)
(i) "Dining area" means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
(ii) "Dining area" does not include a dispensing area.
(b)
(i) "Dispensing area" means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:
(A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;
(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
(C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
(ii) "Dispensing area" does not include any area described in Subsection (1)(b)(i)(B) that is less than 10 feet from an area where beer is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of beer.
(c) "Small beer-only restaurant licensee" means a beer-only restaurant licensee whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:
(i) when measured in accordance with Subsection (1)(b)(i)(B); and
(ii) based on the licensee's floor plan on file with the department on July 1, 2017.
(d) "Waiting area" includes a lobby.
Amended by Chapter 94, 2024 General Session
Utah Code § 32B-6-903 Commission's power to issue beer-only restaurant license.
32B-6-903. Commission's power to issue beer-only restaurant license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of beer on its premises as a beer-only restaurant, the person shall first obtain a beer-only restaurant license from the commission in accordance with this part.
(2)
(a) The commission may issue a beer-only restaurant license to establish beer-only restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on premises operated as a beer-only restaurant.
(b) A person may not sell, offer for sale, furnish, or allow the consumption of liquor on the licensed premises of a beer-only restaurant licensee.
(3)
(a) Only one beer-only restaurant license is required for each building or resort facility owned or leased by the same person.
(b) A separate license is not required for each beer-only restaurant license dispensing location in the same building or on the same resort premises owned or operated by the same person.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a beer-only restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5)
(a) To be licensed as a beer-only restaurant, a person shall maintain at least 70% of the person's gross revenues from the sale of food.
(b) A person complies with Subsection (5)(a) if the percentage calculated by dividing the person's annual markup cost by the sum of the person's annual gross revenues from food sales and the person's annual markup cost does not exceed 30%.
Amended by Chapter 39, 2026 General Session
Utah Code § 32B-6-904 Specific licensing requirements for beer-only restaurant license.
32B-6-904. Specific licensing requirements for beer-only restaurant license.
(1) To obtain a beer-only restaurant license a person shall comply with Chapter 5, Part 2, Retail Licensing Process.
(2)
(a) A beer-only restaurant license expires the last day of February of each year.
(b) To renew a person's beer-only restaurant license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January 31.
(3)
(a) The nonrefundable application fee for a beer-only restaurant license is $330.
(b)
(i) The initial license fee for a beer-only restaurant license is $825.
(ii) The department shall prorate the $825 initial license fee for the period that begins the day on which the initial license fee is paid and ends the day on which the beer-only restaurant license expires.
(c) The renewal fee for a beer-only restaurant license is $605.
(4) The bond amount required for a beer-only restaurant license is the penal sum of $5,000.
Amended by Chapter 94, 2024 General Session
Utah Code § 32B-6-905.1 Specific operational requirements for a beer-only restaurant license -- On and after July 1, 2018, or July 1, 2022.
32B-6-905.1. Specific operational requirements for a beer-only 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 beer-only restaurant licensee and staff of the beer-only 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 beer-only restaurant licensee;
(ii) individual staff of a beer-only restaurant licensee; or
(iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
(2)
(a) A beer-only restaurant licensee on the licensed premises may not sell, offer for sale, furnish, or allow consumption of liquor.
(b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
(i) as a flavoring on a dessert; or
(ii) in the preparation of a flaming food dish, drink, or dessert.
(3)
(a) An individual who serves beer in a beer-only restaurant licensee's premises shall make a beverage tab for each table or group that orders or consumes beer on the premises.
(b) A beverage tab described in this Subsection (3) shall state the type and amount of each beer ordered or consumed.
(4) A beer-only restaurant licensee may not make an individual's willingness to serve beer a condition of employment as a server with a beer-only restaurant licensee.
(5) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:
(a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(b) 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.
(6)
(a) A beer-only restaurant licensee may not furnish beer for on-premise consumption except after:
(i) the patron to whom the beer-only restaurant licensee furnishes the beer 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 beer-only 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 (6)(b), consume the food at the same location where the patron is seated and furnished the beer.
(b)
(i) While a patron waits for a seat at a table or counter in the dining area of a beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or furnish to the patron one portion of beer 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 beer-only 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)
(A) Subject to Subsection (6)(b)(ii)(B), if the patron does not finish the patron's beer before moving to a seat in the dining area, the patron may transport any unfinished portion of the patron's beer to the patron's seat in the dining area.
(B) An employee of the beer-only restaurant licensee shall escort a patron who transports an unfinished portion of the patron's beer to the patron's seat in the dining area.
(c) Notwithstanding Section 32B-5-307, a beer-only 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 beer-only restaurant licensee shall maintain on the licensed premises adequate culinary facilities for food preparation and dining accommodations.
(7) A patron may consume a beer on the beer-only licensee's licensed premises only 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 located in a dispensing area.
(8) A patron may not have more than two beers at a time before the patron.
(9) 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.
(10)
(a) Except as provided in Subsection (10)(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 beer-only restaurant licensee; or
(B) performing maintenance and cleaning services as an employee of the beer-only restaurant licensee when the beer-only restaurant licensee is not open for business.
(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 beer-only restaurant licensee's premises in which the minor is permitted to be.
(11) A beer-only restaurant licensee may dispense a beer only if:
(a) the beer 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 beer-only restaurant licensee; and
(B) located immediately adjacent to the premises of the beer-only restaurant licensee; and
(b) any instrument or equipment used to dispense the beer is located in an area described in Subsection (11)(a).
(12)
(a) A beer-only 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-6-902(1)(b)(i)(A), (B), or (C), regardless of how any other dispensing area in the licensed premises satisfies the requirements for a dispensing area.
(13) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or from a movable cart.
(14)
(a) In addition to the requirements described in Section 32B-5-302, a beer-only restaurant licensee shall maintain each of the following records for at least three years:
(i) a record required by Subsection 32B-5-302(1); and
(ii) a record that the commission requires a beer-only 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 beer-only restaurant licensee at least once annually.
Amended by Chapter 371, 2023 General Session
Amended by Chapter 400, 2023 General Session
Utah Code § 32B-6-905.3 Small beer-only restaurant licensee -- Exemption.
32B-6-905.3. Small beer-only restaurant licensee -- Exemption.
(1) A minor may sit, remain, or consume food or beverages in the dispensing area of a small beer-only restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small beer-only restaurant licensee applies for and obtains approval from the department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small beer-only restaurant licensee demonstrates that the small beer-only restaurant licensee meets the requirements described in Subsection 32B-6-902(1)(c); and
(b) for each application described in Subsection (1)(c) that the department receives on or before May 8, 2018, act on the application on or before July 1, 2018.
Amended by Chapter 381, 2024 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title32B/Chapter6/32B-6-P9.html?v=C32B-6-P9_1800010118000101Fetched: 10/26/2026