§ 32B-5-207 — Multiple retail licenses on same premises.

(1) As used in this section, "license" means:

(1)(a) a retail license; or
(1)(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) (3)(a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if:
(3)(a)(i) the applicant or licensee satisfies the requirements for each license;
(3)(a)(ii) the types of licenses issued or held are two or more of the following:

(3)(a)(ii)(A) a restaurant license;
(3)(a)(ii)(B) an on-premise beer retailer license that is not a tavern;
(3)(a)(ii)(C) an on-premise banquet license or a reception center license; and
(3)(a)(ii)(D) a hospitality amenity license; and
(3)(a)(iii) the licenses do not operate at the same time on the same day.
(3)(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:
(3)(b)(i) the applicants or licensees satisfy the requirements for each license; and
(3)(b)(ii) the only shared premises between the issued or held restaurant licenses is the area for alcoholic beverage consumption.
(3)(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:
(3)(c)(i) the types of licenses issued or held are two or more sublicenses of a principal licensee:

(3)(c)(i)(A) one of which is an on-premise banquet sublicense; and
(3)(c)(i)(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
(3)(c)(ii) (3)(c)(ii)(A) the same person applies for or holds each license;
(3)(c)(ii)(B) the licensed premises are each owned or leased by the same person and located in the same building; and
(3)(c)(ii)(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:

(4)(a) measures 8-1/2 inches by 11 inches; and
(4)(b) states whether the premises is currently operating as:
(4)(b)(i) a restaurant;
(4)(b)(ii) an on-premise beer retailer that is not a tavern;
(4)(b)(iii) a banquet or a reception center; or
(4)(b)(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:

(5)(a) maintain control over the licensee's patrons; and
(5)(b) use a visual marker to clearly identify which licensee served each patron.
(6) (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.
(6)(b) For purposes of Subsection (6)(a), two licenses are not considered in the same room if:
(6)(b)(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;
(6)(b)(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
(6)(b)(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) (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.
(7)(b) A patron may not transport an alcoholic beverage between two sublicensed premises located in the same room in accordance with Subsection (7)(a).
(7)(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.

Legislative History

Amended by Chapter 219, 2020 General Session