Section 406.1 - Specific operational restrictions related to dance or concert hall.

UT Code § 32B-6-406.1 (2019) (N/A)
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(1) A minor who is at least 18 years of age may be admitted into, use, or be on the premises of a dance or concert hall if: (a) the dance or concert hall is located: (i) on the licensed premises of a bar licensee; or (ii) on the property that immediately adjoins the licensed premises of and is operated by a bar licensee; and (b) the bar licensee holds a permit to operate a dance or concert hall that was issued on or before May 11, 2009: (i) on the basis of the operational requirements described in Subsection (2); and (ii) when the bar licensee was licensed as a class D private club.

(a) the dance or concert hall is located: (i) on the licensed premises of a bar licensee; or (ii) on the property that immediately adjoins the licensed premises of and is operated by a bar licensee; and

(i) on the licensed premises of a bar licensee; or

(ii) on the property that immediately adjoins the licensed premises of and is operated by a bar licensee; and

(b) the bar licensee holds a permit to operate a dance or concert hall that was issued on or before May 11, 2009: (i) on the basis of the operational requirements described in Subsection (2); and (ii) when the bar licensee was licensed as a class D private club.

(i) on the basis of the operational requirements described in Subsection (2); and

(ii) when the bar licensee was licensed as a class D private club.

(2) A bar licensee that holds a dance or concert hall permit shall operate in such a way that: (a) the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption is: (i) not accessible to a minor; (ii) clearly defined; and (iii) separated from the dance or concert hall area by one or more walls, multiple floor levels, or other substantial physical barriers; (b) a dispensing structure or area where alcoholic product is dispensed is not visible to a minor; (c) consumption of an alcoholic product may not occur in: (i) the dance or concert hall area; or (ii) an area of the bar license premises accessible to a minor; (d) the bar licensee maintains sufficient security personnel to prevent the passing of beverages from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption to: (i) the dance or concert hall area; or (ii) an area of the bar licensee premises accessible to a minor; (e) there are one or more separate entrances, exits, and restroom facilities from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption than for: (i) the dance or concert hall area; or (ii) an area accessible to a minor; and (f) the bar licensee complies with any other requirements imposed by the commission by rule.

(a) the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption is: (i) not accessible to a minor; (ii) clearly defined; and (iii) separated from the dance or concert hall area by one or more walls, multiple floor levels, or other substantial physical barriers;

(i) not accessible to a minor;

(ii) clearly defined; and

(iii) separated from the dance or concert hall area by one or more walls, multiple floor levels, or other substantial physical barriers;

(b) a dispensing structure or area where alcoholic product is dispensed is not visible to a minor;

(c) consumption of an alcoholic product may not occur in: (i) the dance or concert hall area; or (ii) an area of the bar license premises accessible to a minor;

(i) the dance or concert hall area; or

(ii) an area of the bar license premises accessible to a minor;

(d) the bar licensee maintains sufficient security personnel to prevent the passing of beverages from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption to: (i) the dance or concert hall area; or (ii) an area of the bar licensee premises accessible to a minor;

(i) the dance or concert hall area; or

(ii) an area of the bar licensee premises accessible to a minor;

(e) there are one or more separate entrances, exits, and restroom facilities from the bar licensee's lounge, dispensing structure, or other area for alcoholic product consumption than for: (i) the dance or concert hall area; or (ii) an area accessible to a minor; and

(i) the dance or concert hall area; or

(ii) an area accessible to a minor; and

(f) the bar licensee complies with any other requirements imposed by the commission by rule.

(3) (a) A minor under 18 years of age who is accompanied at all times by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if: (i) the requirements of Subsection (2) are met; and (ii) signage, product, and dispensing equipment containing recognition of an alcoholic product is not visible to the minor. (b) A minor under 18 years of age but who is 14 years of age or older who is not accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if: (i) the requirements of Subsections (2) and (3)(a) are met; and (ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of the bar licensee.

(a) A minor under 18 years of age who is accompanied at all times by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if: (i) the requirements of Subsection (2) are met; and (ii) signage, product, and dispensing equipment containing recognition of an alcoholic product is not visible to the minor.

(i) the requirements of Subsection (2) are met; and

(ii) signage, product, and dispensing equipment containing recognition of an alcoholic product is not visible to the minor.

(b) A minor under 18 years of age but who is 14 years of age or older who is not accompanied by a parent or legal guardian may be admitted into, use, or be on the premises of a concert hall described in Subsection (1) if: (i) the requirements of Subsections (2) and (3)(a) are met; and (ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of the bar licensee.

(i) the requirements of Subsections (2) and (3)(a) are met; and

(ii) there is no alcoholic product, sales, furnishing, or consumption on the premises of the bar licensee.

(4) The commission may suspend or revoke a dance or concert permit issued to a bar licensee and suspend or revoke the license of the bar licensee if: (a) the bar licensee fails to comply with the requirements in this section; (b) the bar licensee sells, offers for sale, or furnishes an alcoholic product to a minor; (c) the bar licensee or a supervisory or managerial level staff of the bar licensee is convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of an activity that occurs on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; (d) there are three or more convictions of patrons of the bar licensee under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; (iii) there is more than one conviction: (A) of: (I) the bar licensee; (II) staff of the bar licensee; (III) an entertainer contracted by the bar licensee; or (IV) a patron of the bar licensee; and (B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on: (I) the licensed premises; or (II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or (e) the commission finds acts or conduct contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title that occurs on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee.

(a) the bar licensee fails to comply with the requirements in this section;

(b) the bar licensee sells, offers for sale, or furnishes an alcoholic product to a minor;

(c) the bar licensee or a supervisory or managerial level staff of the bar licensee is convicted under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of an activity that occurs on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;

(i) the licensed premises; or

(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;

(d) there are three or more convictions of patrons of the bar licensee under Title 58, Chapter 37, Utah Controlled Substances Act, on the basis of activities that occur on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; (iii) there is more than one conviction: (A) of: (I) the bar licensee; (II) staff of the bar licensee; (III) an entertainer contracted by the bar licensee; or (IV) a patron of the bar licensee; and (B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on: (I) the licensed premises; or (II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or

(i) the licensed premises; or

(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee;

(iii) there is more than one conviction: (A) of: (I) the bar licensee; (II) staff of the bar licensee; (III) an entertainer contracted by the bar licensee; or (IV) a patron of the bar licensee; and (B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on: (I) the licensed premises; or (II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or

(A) of: (I) the bar licensee; (II) staff of the bar licensee; (III) an entertainer contracted by the bar licensee; or (IV) a patron of the bar licensee; and

(I) the bar licensee;

(II) staff of the bar licensee;

(III) an entertainer contracted by the bar licensee; or

(IV) a patron of the bar licensee; and

(B) made on the basis of a lewd act or lewd entertainment prohibited by this title that occurs on: (I) the licensed premises; or (II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or

(I) the licensed premises; or

(II) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee; or

(e) the commission finds acts or conduct contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title that occurs on: (i) the licensed premises; or (ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee.

(i) the licensed premises; or

(ii) the dance or concert hall that is located on property that immediately adjoins the licensed premises of and is operated by the bar licensee.

(5) Nothing in this section prohibits a bar licensee from selling, offering for sale, or furnishing an alcoholic product in a dance or concert area located on the bar licensed premises on days and times when the bar licensee does not allow a minor into those areas.