§ 32B-6-403 — Commission's power to issue bar establishment license.

Utah § 32B-6-403

• Jurisdiction: Utah
• Title 32B: Alcoholic Beverage Control Act
• Ch. 32B-6: Specific Retail License Act
• Part 32B-6-4: Bar Establishment License

Text

(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the person's premises as a bar establishment licensee, the person shall first obtain a bar establishment license from the commission in accordance with this part.
(2) The commission may issue a bar establishment license to establish bar establishment 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 by a bar establishment licensee.
(3) Subject to Section 32B-1-201:
(3)(a) the commission may not issue a total number of bar establishment licenses that at any time exceeds the sum of:
(3)(a)(i) 15; and
(3)(a)(ii) the number determined by dividing the population of the state by:
(3)(a)(ii)(A) before fiscal July 1, 2024, 10,200;
(3)(a)(ii)(B) in fiscal year 2025, 9,778;
(3)(a)(ii)(C) in fiscal year 2026, 9,356;
(3)(a)(ii)(D) in fiscal year 2027, 8,934;
(3)(a)(ii)(E) in fiscal year 2028, 8,512;
(3)(a)(ii)(F) in fiscal year 2029, 8,090;
(3)(a)(ii)(G) in fiscal year 2030, 7,668; and
(3)(a)(ii)(H) in fiscal year 2031, and in each fiscal year thereafter, 7,246;
(3)(b) the commission may issue a seasonal bar establishment license in accordance with Section 32B-5-206 to a bar licensee;
(3)(c) the commission may authorize as many as three bar establishment license locations within a hotel under one bar establishment license if:
(3)(c)(i) the location, design, and construction of the hotel requires more than one bar license location within the hotel to serve the public convenience;
(3)(c)(ii) the hotel has a minimum of 150 guest rooms;
(3)(c)(iii) all locations under the bar establishment license are:
(3)(c)(iii)(A) within the same hotel; and
(3)(c)(iii)(B) on premises that are managed or operated, and owned or leased, by the bar establishment licensee;
(3)(d) the commission may authorize up to five dispensing locations under one equity license if the locations under the equity license:
(3)(d)(i) are located on premises managed or operated, and owned or leased, by the equity licensee;
(3)(d)(ii) the locations are under the same leadership or management; and
(3)(d)(iii) an individual who is a member of at least one location that the equity licensee operates has access to all locations the equity licensee operates;
(3)(e) except for a facility operating in accordance with Subsection (3)(d) or a hotel, a facility shall have a separate bar establishment license for each bar establishment license location where an alcoholic product is sold, offered for sale, or furnished;
(3)(f) when a business establishment undergoes a change of ownership, the commission may issue a bar establishment license to the new owner of the business establishment notwithstanding that there is no bar establishment license available under Subsection (3)(a) if:
(3)(f)(i) the primary business activity at the business establishment before and after the change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
(3)(f)(ii) before the change of ownership there are two or more licensed premises on the business establishment that operate under a retail license, with at least one of the retail licenses being a bar establishment license;
(3)(f)(iii) subject to Subsection (3)(g) the licensed premises of the bar establishment license issued under this Subsection (3)(f) is at the same location where the bar establishment license licensed premises was located before the change of ownership; and
(3)(f)(iv) the person who is the new owner of the business establishment qualifies for the bar establishment license, except for there being no bar establishment license available under Subsection (3)(a); and
(3)(g) if a bar establishment licensee of a bar establishment license issued under Subsection (3)(f) requests a change of location, the bar establishment licensee may retain the bar establishment license after the change of location only if on the day on which the bar establishment licensee seeks a change of location a bar establishment license is available under Subsection (3)(a).

Legislative History

Amended by Chapter 162, 2025 General Session