§ 32B-6-203 — Commission's power to issue full-service restaurant license.

(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on its premises as a full-service restaurant, the person shall first obtain a full-service restaurant license from the commission in accordance with this part.
(2) The commission may issue a full-service restaurant license to establish full-service restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated as a full-service restaurant.
(3) Subject to Section 32B-1-201:
(3)(a) the commission may not issue a total number of full-service restaurant licenses that at any time exceeds the sum of:
(3)(a)(i) 30; and
(3)(a)(ii) the number determined by dividing the population of the state by:
(3)(a)(ii)(A) before July 1, 2024, 4,467;
(3)(a)(ii)(B) in fiscal year 2025, 4,281;
(3)(a)(ii)(C) in fiscal year 2026, 4,095;
(3)(a)(ii)(D) in fiscal year 2027, 3,909;
(3)(a)(ii)(E) in fiscal year 2028, 3,723;
(3)(a)(ii)(F) in fiscal year 2029, 3,537;
(3)(a)(ii)(G) in fiscal year 2030, 3,351; and
(3)(a)(ii)(H) in fiscal year 2031, and in each fiscal year thereafter, 3,167;
(3)(b) the commission may issue a seasonal full-service restaurant license in accordance with Section 32B-5-206; and
(3)(c) (3)(c)(i) if the location, design, and construction of a hotel may require more than one full-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as many as three full-service restaurant locations within the hotel under one full-service restaurant license if:
(3)(c)(i)(A) the hotel has a minimum of 150 guest rooms; and
(3)(c)(i)(B) the locations under the full-service restaurant license are:
(3)(c)(i)(B)(I) within the same hotel; and
(3)(c)(i)(B)(II) on premises that are managed or operated, and owned or leased, by the full-service restaurant licensee; and
(3)(c)(ii) except for a hotel, a facility shall have a separate full-service restaurant license for each full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.
(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a full-service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).
(5) To be licensed as a full-service restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include:
(5)(a) mix for an alcoholic product; or
(5)(b) a service charge.

Legislative History

Amended by Chapter 94, 2024 General Session