Section 207 – Multiple retail licenses on same premises.

Effective 5/12/2020
32B-5-207. Multiple retail licenses on same premises.

• (1) As used in this section, “license” means:
  • (a) a retail license; or
  • (b) a sublicense.

• (2) Except as provided in Subsection (3), the commission may not issue and one or more licensees may not hold more than one type of license for the same premises.

• (3)
  • (a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if:
    • (i) the applicant or licensee satisfies the requirements for each license;
    • (ii) the types of licenses issued or held are two or more of the following:
      • (A) a restaurant license;
      • (B) an on-premise beer retailer license that is not a tavern;
      • (C) an on-premise banquet license or a reception center license; and
      • (D) a hospitality amenity license; and
    • (iii) the licenses do not operate at the same time on the same day.
  • (b) The commission may issue and two or more restaurant licensees may share an area of each restaurant licensee’s licensed premises designated for alcoholic beverage consumption, if:
    • (i) the applicants or licensees satisfy the requirements for each license; and
    • (ii) the only shared premises between the issued or held restaurant licenses is the area for alcoholic beverage consumption.
  • (c) The commission may issue and two or more licensees may share a kitchen or culinary facilities located in or on one or more of the licensees’ licensed premises, if:
    • (i) the types of licenses issued or held are two or more sublicenses of a principal licensee:
      • (A) one of which is an on-premise banquet sublicense; and
      • (B) one of which is a restaurant license that is a sublicense, an on-premise beer retailer sublicense that is not a tavern, or a bar sublicense; or
    • (ii)
      • (A) the same person applies for or holds each license;
      • (B) the licensed premises are each owned or leased by the same person and located in the same building; and
      • (C) the only shared premises between the issued or held licenses is the kitchen or culinary facilities area, including any pathway necessary to transport an item to and from the area.

• (4) When one or more licensees hold more than one type of license for the same premises under Subsection (3)(a), the one or more licensees shall post in a conspicuous location at the entrance of the room a sign that:
  • (a) measures 8-1/2 inches by 11 inches; and
  • (b) states whether the premises is currently operating as:
    • (i) a restaurant;
    • (ii) an on-premise beer retailer that is not a tavern;
    • (iii) a banquet or a reception center; or
    • (iv) a hospitality amenity.

• (5) When two or more restaurant licensees share an area of each restaurant licensee’s licensed premises designated for alcoholic beverage consumption in accordance with Subsection (3)(b), each licensee shall:
  • (a) maintain control over the licensee’s patrons; and
  • (b) use a visual marker to clearly identify which licensee served each patron.

• (6)
  • (a) For purposes of Subsection (3)(a), the commission may not issue and one or more licensees may not hold a bar license or a tavern license in the same room as a restaurant license.
  • (b) For purposes of Subsection (6)(a), two licenses are not considered in the same room if:
    • (i) each shared permanent wall between the premises licensed as a bar or a tavern and the premises licensed as a restaurant measures at least eight feet high;
    • (ii) the premises for each license has a separate entryway that does not require a patron to pass through the premises licensed as a bar or a tavern to access the premises licensed as a restaurant; and
    • (iii) if a patron must pass through the premises licensed as a restaurant to access the entryway to the premises licensed as a bar or a tavern, a patron on the premises licensed as a restaurant cannot see a dispensing structure on the premises licensed as a bar or a tavern.

• (7)
  • (a) The commission may issue more than one type of sublicense to a resort licensed under Chapter 8, Resort License Act, or a hotel licensed under Chapter 8b, Hotel License Act, for the same room if the sublicensed premises are clearly delineated by one or more permanent physical structures, such as a wall or other architectural feature, that separate the sublicensed premises.
  • (b) A patron may not transport an alcoholic beverage between two sublicensed premises located in the same room in accordance with Subsection (7)(a).
  • (c) Notwithstanding any provision to the contrary, a minor may momentarily pass through a sublicensed premises that is a bar to reach another location where a minor may lawfully be, if there is no practical alternative route to the location.

Amended by Chapter 219, 2020 General Session