§ 32B-6-202 — Definitions.

As used in this part:
(1) (1)(a) "Dining area" means an area in the licensed premises of a full-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
(1)(b) "Dining area" does not include a dispensing area.
(2) (2)(a) "Dispensing area" means an area in the licensed premises of a full-service restaurant licensee where a dispensing structure is located and that:
(2)(a)(i) 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 alcoholic product;
(2)(a)(ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
(2)(a)(iii) 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:

(2)(a)(iii)(A) at least 42 inches high; and
(2)(a)(iii)(B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
(2)(b) "Dispensing area" does not include any area described in Subsection (2)(a)(ii) that is less than 10 feet from an area where alcoholic product is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of alcoholic product.
(3) "Small full-service restaurant licensee" means a converted full-service restaurant licensee as defined in Section 32B-6-404.1 or a full-service restaurant licensee that has a grandfathered bar structure, whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:

(3)(a) when measured in accordance with Subsection (2)(a)(ii); and
(3)(b) based on the licensee's floor plan on file with the department on July 1, 2017.
(4) "Waiting area" includes a lobby.

Legislative History

Amended by Chapter 249, 2018 General Session