HB 597 — Alcohol Amendments

- 9 - HB0597 compared with HB0597S01 (26) "Consent of the local authority" means a written document in which a local authority gives consent to the commission to consider issuing a license, permit, or package agency within the boundaries of the local authority.

(b)- a8 vessel;- Enrolled Copy H.B.

597 (b) a vessel;

[(29)] (30)(30)(a) (a) "Counter" means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food.

and - 10 - HB0597 compared with HB0597S01 (b) that is brought on the basis of a violation of this title.

[(37)] (38)(38)(a) (a) Subject to Subsection [(37)(b)] (38)(b), "dispense" means:

(ii)- a9 limited-service- restaurantH.B. license;

597 Enrolled Copy (ii) a limited-service restaurant license;

- 11 - HB0597 compared with HB0597S01 (a) a single event permit;

[(45)] (46)(46)(a) (a) "Flavored malt beverage" means a beverage:

25.55 because the beverage is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer, ale,- porter,10 stout,- lager,Enrolled orCopy maltH.B. liquor;

597 ale, porter, stout, lager, or malt liquor;

[(48)] (49)(49)(a) (a) "Furnish" means by any means to provide with, supply, or give an individual an alcoholic product, by sale or otherwise.

- 12 - HB0597 compared with HB0597S01 [(50)] (51) "Hard cider" means the same as that term is defined in 26 U.S.C.

(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy- Practice11 Act;- H.B.

597 Enrolled Copy Therapy Practice Act;

[(52)] (53)(53)(a) (a) "Heavy beer" means a product that:

(i)(i)(A) (A) contains more than 5% alcohol by volume;

- 13 - HB0597 compared with HB0597S01 (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume, contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to the overall alcohol content of the heavy beer.

or (iii) a product that contains an additive masking or altering a physiological effect of alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.- 12 - Enrolled Copy H.B.

597 tetrahydrocannabinol.

[(54)] (55)(55)(a) (a) "Hotel" means a commercial lodging establishment that:

and (iii)(iii)(A) (A) has adequate kitchen or culinary facilities on the premises to provide complete meals;

- 14 - HB0597 compared with HB0597S01 [(56)] (57) "Identification card" means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act.

[(59)] (60)(60)(a) (a) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:

(i)- law;13 - H.B.

597 Enrolled Copy (i) law;

- 15 - HB0597 compared with HB0597S01 (a) a retail license;

[(66)]- (67)14 "Limousine"- meansEnrolled aCopy motorH.B. vehicle licensed by the state or a local authority, other than a bus or taxicab:

597 [(66)] (67) "Limousine" means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:

[(67)] (68)(68)(a)(i) (a) (i) "Liquor" means a liquid that:

and (B)(B)(I) (I) contains at least .5% alcohol by volume;

and - 16 - HB0597 compared with HB0597S01 (C) a flavored malt beverage.

(b) for premises that are located in an incorporated city or town, the governing body of the city or town;[ or] (c)- the15 Point- ofH.B. the Mountain State Land Authority created in Section 11-59-201;

597 Enrolled Copy (c) the Point of the Mountain State Land Authority created in Section 11-59-201;

- 17 - HB0597 compared with HB0597S01 [(75)] (77) "Member" means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee.

[(76)] (78)(78)(a) (a) "Military installation" means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:

(i)(i)(A) (A) under the control of the United States Department of Defense;

[(79)]- (81)16 "Nondepartment- enforcementEnrolled agency"Copy meansH.B. an agency that:

(a)597 (i)[(79)] is(81) a"Nondepartment stateenforcement agencyagency" othermeans thanan theagency department;that:

(a)(i) is a state agency other than the department;

[(81)] (83)(83)(a) (a) "Off-premise beer retailer" means a beer retailer who is:

- 18 - HB0597 compared with HB0597S01 [(82)] (84) "Off-premise beer retailer state license" means a state license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License.

and (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package- agency.17 - H.B.

597 Enrolled Copy package agency.

[(89)] (91)(91)(a) (a) "Performing arts facility" means a multi-use performance space that:

- 19 - HB0597 compared with HB0597S01 (i) is primarily used to present various types of performing arts, including dance, music, and theater;

(i)- a18 person- listedEnrolled inCopy SubsectionsH.B. [(91)(a)] (93)(a) through (f);

597 (i) a person listed in Subsections [(91)(a)] (93)(a) through (f);

- 20 - HB0597 compared with HB0597S01 [(94)] (96)(96)(a) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.

[(96)] (98)(98)(a) (a) "Private event" means a specific social, business, or recreational event:

[(98)] (100)(100)(a) { Ĥ→ {} [(a){]{} ←Ĥ } ] "Proof of age" means:

{(i) Ĥ→ {} [(i){] {(a)}{} ←Ĥ } ] (a) an identification card;

{(ii) Ĥ→ {} [(ii){] {(b)}{} ←Ĥ } ] (b) an identification that:

{(A) Ĥ→ {} [(A){] {(i)}{} ←Ĥ } ] (i) is substantially similar to an identification card;

{(B) Ĥ→ {} [(B){] {(ii)}{} ←Ĥ } ] (ii) is issued in accordance with the laws of a state other than Utah in which the identification is issued;

{- Ĥ→19 {}- [(C){]H.B. {(iii)}{} ←Ĥ } ] (iii) includes date of birth;

and597 {Enrolled Ĥ→Copy {}(C) [(D){]includes {(iv)}{}date ←Ĥof }birth; ] (iv) has a picture affixed;

{and Ĥ→(D) {}has [(iii){] {(c)}{} ←Ĥ } ] (c) a validpicture driveraffixed; license certificate that:

{(iii) Ĥ→a {}valid [(A){]driver {(i)}{}license ←Ĥcertificate }that: ] (i) includes date of birth;

{(A) Ĥ→includes {}date [(B){]of {(ii)}{}birth; ←Ĥ } ] (ii) has a picture affixed;

and(B) {has Ĥ→a {}picture [(C){]affixed; {(iii)}{} ←Ĥ } ] (iii) is issued under Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, or in accordance with federal law by the United States Department of State;

-and 21(C) -is HB0597issued comparedunder Title 53, Chapter 3, Uniform Driver License Act, in accordance with HB0597S01the {laws Ĥ→of {}the [(iv){]state {(d)}{}in ←Ĥwhich }it ]is (d)issued, aor militaryin identificationaccordance cardwith that:federal law by the United States Department of State;

{(iv) Ĥ→a {}military [(A){]identification {(i)}{}card ←Ĥthat: } ] (i) includes date of birth;

and(A) { Ĥ→ {} [(B){] {(ii)}{} ←Ĥ } ] (ii) has a picture affixed;{ Ĥ→ {} [ or{] [(v)] (e) ←Ĥ ] [(v)] (e) a valid passport{ Ĥ→ {} [.{] ;} 654a {(f) a valid driver license that:} 654b {(i) includes a date of birth;}birth; 654c {(ii) has a picture affixed;

and}and [(iv)](B) {(iii)}has is issued under the laws of a countrypicture otheraffixed; than the United States;

or}[or] {(iv)(v) {aa drivingvalid privilegepassport[.] card issued in accordance with Section 53-3-207.} {[(b)} ] ;

(f)or (vi) a valid driver license that:

(i)(A) includes a date of birth;

(ii)(B) has a picture affixed;

and (iii)(C) is issued under the laws of a country other than the United States;States.

or(b) (g)"Proof of age" does not include a driving privilege card issued in accordance with Section 53-3-207.

[(b) "Proof of age" does not include a driving privilege card issued in accordance with Section 53-3-207.{]{} { ←Ĥ } {[(99)] (101)} ] [(99)] (101) "Provisions applicable to a sublicense" means:

- 22 - HB0597 compared with HB0597S01 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;

and (h)- for20 a- spaEnrolled sublicense,Copy theH.B. provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense.

[(100)]597 (102)(h) (a)for "Publica building"spa meanssublicense, athe buildingprovisions orapplicable permanentto structurethe thatsublicense is:under Chapter 8d, Part 2, Resort Spa Sublicense.

[(100)] (102)(a) "Public building" means a building or permanent structure that is:

and (b) has as its primary purpose the leasing of the facilities described in Subsection [(102)(a)][ (102)(a)] (104)(a) to a third party for the third party's event.

[(104)] (106)(106)(a) (a) "Record" means information that is:

- 23 - HB0597 compared with HB0597S01 (i) a book;

[(106)]- (108)21 "Resident,"- inH.B. relation to a resort, means the same as that term is defined in Section 32B-8-102.

597 Enrolled Copy [(106)] (108) "Resident," in relation to a resort, means the same as that term is defined in Section 32B-8-102.

- 24 - HB0597 compared with HB0597S01 (b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food;

and (c)(c)(i) (i) has at least 1,000 square feet that:

(a)- a22 full-service- restaurantEnrolled license;Copy H.B.

597 (a) a full-service restaurant license;

[(116)] (118)(118)(a) (a) "School" means a building in which any part is used for more than three hours each weekday during a school year as a public or private:

- 25 - HB0597 compared with HB0597S01 (i) elementary school;

[(118)]- (120)23 "Sell"- orH.B. "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission.

597 Enrolled Copy [(118)] (120) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission.

- 26 - HB0597 compared with HB0597S01 (iii) an agent of the licensee;

and (ii)- does24 not- sellEnrolled forCopy consumptionH.B. as, or in, a beverage.

597 (ii) does not sell for consumption as, or in, a beverage.

[(127)] (129)(129)(a) (a) "Spirituous liquor" means liquor that is distilled.

- 27 - HB0597 compared with HB0597S01 [(129)] (131)(131)(a) (a) "Staff" means an individual who engages in activity governed by this title:

(a)- the25 appearance- of:H.B.

597 Enrolled Copy (a) the appearance of:

- 28 - HB0597 compared with HB0597S01 (i) with no less than the following at its widest point:

[(132)] (134)(134)(a) (a) "State store" means a facility for the sale of packaged liquor:

[(133)] (135)(135)(a) (a) "Storage area" means an area on licensed premises where the licensee stores an alcoholic product.

(iii)- a26 bar- establishmentEnrolled license;Copy H.B.

597 (iii) a bar establishment license;

and - 29 - HB0597 compared with HB0597S01 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License.

(b)(b)(i) (i) has faded labels or defective caps or corks;

or (c)- is27 otherwise- consideredH.B. by the department as unfit for sale.

[(141)]597 (143)Enrolled (a)Copy "Wine"(c) meansis anotherwise alcoholicconsidered product obtained by the fermentationdepartment ofas theunfit naturalfor sugarsale. content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

[(141)] (143)(a) "Wine" means an alcoholic product obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

- 30 - HB0597 compared with HB0597S01 (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided in this title.

32B-1-202.32B-1-202 (Effective 05/06/26).

(b)(b)(i) (i) "Outlet" means:

(2)- (a)28 Except- asEnrolled otherwiseCopy providedH.B. in this section or Section 32B-1-202.1, the commission may not issue a license for an outlet if, on the date the commission takes final action to approve or deny the application, there is a community location:

-597 31(2)(a) -Except HB0597as comparedotherwise withprovided HB0597S01in (i)this withinsection 600or feetSection of32B-1-202.1, the proposedcommission outlet,may asnot measuredissue froma thelicense nearestfor patronan entrance of the proposed outlet byif, followingon the shortestdate routethe ofcommission ordinarytakes pedestrianfinal travelaction to approve or deny the propertyapplication, boundarythere ofis thea community location;location:

(i) within 600 feet of the proposed outlet, as measured from the nearest patron entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location;

(3)(3)(a) (a) For an outlet or a restaurant that holds a license on May 9, 2017, and operates under a previously approved variance to one or more proximity requirements in effect before May 9, 2017, subject to the other provisions of this title, that outlet or restaurant, or another outlet or restaurant with the same type of license as that outlet or restaurant, may operate under the previously approved variance regardless of whether:

(4) An outlet or restaurant that holds a license on May 12, 2020, and operates in accordance with the proximity requirements in effect at the time the commission issued the license or operates under a previously approved variance described in Subsection (3), subject to the- other29 provisions- ofH.B. this title, that outlet or restaurant or an outlet or a restaurant with the same type of license as that outlet or restaurant may operate at the premises regardless of whether:

597 Enrolled Copy the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with the same type of license as that outlet or restaurant may operate at the premises regardless of whether:

- 32 - HB0597 compared with HB0597S01 (b) the property on which the outlet or restaurant is located changes ownership;

(5)(5)(a) (a) If, after an outlet or a restaurant obtains a license under this title, a person establishes a community location on a property that puts the outlet or restaurant in violation of the proximity requirements in effect at the time the license is issued or a previously approved variance described in Subsection (3), subject to the other provisions of this title, that outlet or restaurant, or an outlet or a restaurant with the same type of license as that outlet or restaurant, may operate at the premises regardless of whether:

(7)(7)(a) (a) Subject to Subsection (7)(b), the commission may issue a license to a restaurant that- does30 not- meetEnrolled theCopy proximityH.B. requirements of Subsection (2), if a local authority:

597 that does not meet the proximity requirements of Subsection (2), if a local authority:

and - 33 - HB0597 compared with HB0597S01 (ii) subject to Subsection (8), at least 30 days before the day on which the local authority issues the consent of the local authority, holds a public meeting in which the local authority shall give the public the opportunity to comment on the proposed location of the restaurant.

(8) In addition to the meeting requirement described in Subsection (7)(a)(ii), if the communitylocal locationauthority is the Point of the Mountain State Land Authority created in Section 11-59-201, before the day on which athe local authority holds the public meeting described in Subsection (7)(a)(ii), the municipality in which the communitylocal locationauthority is located shall hold a separate public meeting in which the municipality shall give the public the opportunity to comment on the proposed location of the restaurant.

32B-1-202.1.32B-1-202.1 (Effective 05/06/26).

(a)(a)(i) (i) the proposed hotel is:

and [(iv)]- (D)31 not- withinH.B. 200 feet of a community location, as measured in a straight line from the nearest patron entrance of the proposed hotel to the nearest property boundary of the community location;

597 Enrolled Copy [(iv)] (D) not within 200 feet of a community location, as measured in a straight line from the nearest patron entrance of the proposed hotel to the nearest property boundary of the community location;

- 34 - HB0597 compared with HB0597S01 (A) includes in the consent of the local authority an acknowledgment and authorization of the hotel's proximity to a community location;

(4)(4)(a) (a) The commission may issue an arena license for a proposed location that does not meet the proximity requirements described in Section 32B-1-202, if, on the day before the day on which the commission issues the license, each proposed sublicense of the arena license:

and (ii)(ii)(A) (A) operates on the proposed sublicense premises under a variance to one or more proximity requirements in accordance with Section 32B-1-202;

(5) In addition to the meeting requirement described in Subsection (2)(a)(ii)(B), if the communitylocal locationauthority is the Point of the Mountain State Land Authority created in Section 11-59-201, before the day on which athe local authority holds the public meeting described in Subsection (2)(a)(ii)(B), the municipality in which the communitylocal locationauthority is located shall hold a separate public meeting in which the municipality shall give the public the opportunity- to32 comment- onEnrolled theCopy proposedH.B. location of the hotel.

597 opportunity to comment on the proposed location of the hotel.

-32B-1-407 35(Effective -upon HB0597governor's comparedapproval). with HB0597S01 32B-1-407.

{(EffectiveVerification 05/06/26)}(Effective upon governor's approval)Verification of proof of age by applicable licensees.

(3)(3)(a) (a) An authorized person is required to verify proof of age under this section before an individual who appears to be 35 years old or younger[:] [(a) gains admittance to the premises of a bar licensee or tavern;] [(b) procures an alcoholic product on the premises of a dining club licensee;

(4)- To33 comply- withH.B. Subsection (3), an authorized person shall:

597 Enrolled Copy (4) To comply with Subsection (3), an authorized person shall:

and (b)(b)(i) - 36 - HB0597 compared with HB0597S01 (i) verify the validity of the proof of age electronically under the verification program created in Subsection (5);

(5)(5)[(a)] [(a)] The commission shall establish by rule an electronic verification program that includes the following:

[(b) The commission shall ensure that the electronic verification program described in Subsection (5)(5)(a) (a) includes technology that recognizes every state's unique hidden security features located on state issued identification cards to determine the validity of that particular card.] (6)(6)(a) (a) An applicable licensee may not disclose information obtained under this section except as provided under this title.

- 3734 - HB0597Enrolled comparedCopy withH.B. HB0597S01 32B-2-202.

597 32B-2-202 (Effective upon governor's approval).

- 38 - HB0597 compared with HB0597S01 (xviii) a special use permit;

(xix)- a35 manufacturing- license;H.B.

597 Enrolled Copy (xix) a manufacturing license;

(k)(k)(i) (i) require the director to follow sound management principles;

(l)(l)(i) (i) receive, consider, and act in a timely manner upon the reports, recommendations, and matters submitted by the director to the commission;

and - 39 - HB0597 compared with HB0597S01 (ii) do the things necessary to support the department in properly performing the department's duties;

and (ii)- approved36 by- theEnrolled governor;Copy H.B.

597 (ii) approved by the governor;

(3)(3)(a) (a) Subject to Subsections (3)(b) and (c), the commission may [ ]make rules permitting and establishing the parameters of a late license renewal.

32B-2-207.32B-2-207 (Effective 05/06/26).

- 40 - HB0597 compared with HB0597S01 (1) ["Upper] As used in this section, "upper management" means[ the director,] a deputy director[,] or other Schedule AD, AR, or AS employee of the department, as defined in Section 63A-17-301[, except for the director of internal audits and auditors hired by the director of internal audits under Section 32B-2-302.5].

(2)(2)(a) (a) Subject to this title, including the requirements of Chapter 1, Part 3, Qualifications and- Background,37 the- directorH.B. may prescribe the qualifications of a department employee.

597 Enrolled Copy and Background, the director may prescribe the qualifications of a department employee.

(3)(3)(a) (a) A person who seeks employment with the department shall file with the department an application under oath or affirmation in a form prescribed by the commission.

- 41 - HB0597 compared with HB0597S01 (6) The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:

Section- 7.38 - Enrolled Copy H.B.

597 Section 7.

32B-2-213.32B-2-213 (Effective upon governor's approval).

32B-2-302.5.32B-2-302.5 (Effective 05/06/26).

[(2)[(2)(a) (a) The commission shall appoint an internal audit director who shall serve at the pleasure of the commission.] [(b) The internal audit director shall hire auditors in the division with the approval of the commission.] [(c) The internal audit director may dismiss an auditor with the approval of the commission.] (2) The internal audit division:

and - 42 - HB0597 compared with HB0597S01 (c) is responsible for:

(a)- propose39 internal- auditingH.B. policies;

597 Enrolled Copy (a) propose internal auditing policies;

(4) Subject to [the other provisions of ]this section, the [internal audit ]director of the internal audit division shall have the powers and duties described in Section 63I-5-401 or any other duty prescribed by the chair of the commission or the director of the department.[ The internal audit director shall oversee and materially participate in internal audits conducted under this section.] (5)(5)(a) (a) Once an internal audit is completed, the internal audit director shall provide an internal audit report to the director, the chair of the commission, and the other commissioners.

and] [(iii) the Legislative Management Committee.] [(e)] (c) Within 120 calendar days [of] after the day on which the director of the department receives an internal audit under Subsection (5)(a),[being completed,] the [commission][ commission] director of the department shall prepare a report to the [governor] chair of the commission and other commissioners describing:

or - 43 - HB0597 compared with HB0597S01 (ii) [ ]a detailed explanation of why recommendations have not been implemented.[ The chair of the commission shall forward the report to:] [(i) the legislative auditor general;

and] [(ii) the Legislative Management Committee.] (d) After receiving a response or report under this Subsection (5), the chair of the commission or the commission may request that the director of the department or the director of the internal audit division provide additional information regarding the audit- findings.40 - Enrolled Copy H.B.

597 audit findings.

32B-2-304.32B-2-304 (Effective upon governor's approval).

(a)(a)(i) (i) "Landed case cost" means the sum of:

and - 44 - HB0597 compared with HB0597S01 (d) a flavored malt beverage sold by the department within the state shall be marked up in an amount not less than 88.5% above the landed case cost to the department.

(3)(3)(a) (a) Liquor sold by the department to a military installation in Utah shall be marked up in an amount not less than 17% above the landed case cost to the department.

and (ii)- the41 manufacturer- appliesH.B. to the department for a reduced markup.

597 Enrolled Copy (ii) the manufacturer applies to the department for a reduced markup.

(i)(i)(A) (A) except as provided in Subsection (3)(c)(i)(B), the wine is manufactured by a manufacturer producing less than 20,000 gallons of wine in a calendar year;

and - 45 - HB0597 compared with HB0597S01 (ii) verify that a manufacturer meets a production amount described in Subsection (3)(b) or (c) and the production amount of a small brewer under a federal or other verifiable production report.

(4) Wine the department purchases on behalf of a subscriber through the wine subscription program- established42 in- SectionEnrolled 32B-2-702Copy shallH.B. be marked up not less than 88.5% above the cost of the subscription for the interval in which the wine is purchased.

597 program established in Section 32B-2-702 shall be marked up not less than 88.5% above the cost of the subscription for the interval in which the wine is purchased.

(6)(6)(a) (a) Each month, the department shall collect from each package agency located at a manufacturing facility owned or operated by a person licensed under Chapter 11, Manufacturing and Related Licenses Act, 12.295% of the package agency's reported monthly revenue and deposit the money as follows:

- 46 - HB0597 compared with HB0597S01 (8) The Legislature shall annually appropriate to support substance use disorder treatment services, an amount equal to the revenue generated from a 0.5% markup above the landed case cost to the department on spirituous liquor.

32B-2-503.32B-2-503 (Effective upon governor's approval).

(1)(1)(a) (a) A state store shall display in a prominent place in the store a sign in large letters that consists of text in the following order:

"Call the Utah Department of Health and Human- Services43 at- [insertH.B. most current toll-free number] with questions or for more information.";

597 Enrolled Copy Human Services at [insert most current toll-free number] with questions or for more information.";

"Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah." (b)(b)(i) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different font style than the text described in Subsections (1)(a)(iv) and (v).

(4)(4)(a) (a) A state store employee may not:

- 47 - HB0597 compared with HB0597S01 (i) consume an alcoholic product on the premises of a state store;

(5)(5)(a) (a) Sale or delivery of liquor may not be made on or from the premises of a state store, and a state store may not be kept open for the sale of liquor:

(6)(6)(a) (a) A minor may not be admitted into, or be on the premises of, a state store unless accompanied by a person who is:

(b) A state store employee that has reason to believe that a person who is on the premises- of44 a- stateEnrolled storeCopy isH.B. under [the age of 21] 21 years old and is not accompanied by a person described in Subsection (6) (a) may:

597 premises of a state store is under [the age of 21] 21 years old and is not accompanied by a person described in Subsection (6)(a) may:

(7)(7)(a) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed container.

- 48 - HB0597 compared with HB0597S01 (b) A person may not open a sealed container on the premises of a state store.

32B-2-605.32B-2-605 (Effective upon governor's approval).

(1)(1)(a) (a) A person may not operate a package agency until a package agency agreement is entered into by the package agent and the department.

(c)(c)(i) (i) If a package agent or staff of the package agent violates this title, rules under this title, or the package agency agreement, the department may take any action against the package agent that is allowed by the package agency agreement.

(ii) An action against a package agent is governed solely by its package agency agreement- and45 may- includeH.B. suspension or revocation of the package agency.

597 Enrolled Copy agreement and may include suspension or revocation of the package agency.

(2)(2)(a) (a) A package agency shall be operated by an individual who is either:

- 49 - HB0597 compared with HB0597S01 (b) An individual who is a designee under this Subsection (2) shall be:

(3)(3)(a) (a) A package agent shall display in a prominent place in the package agency the record issued by the commission that designates the package agency.

"Drinking alcoholic beverages during pregnancy can- cause46 birth- defectsEnrolled andCopy permanentH.B. brain damage for the child.";

597 can cause birth defects and permanent brain damage for the child.";

"Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah." (c)(c)(i) (i) The text described in Subsections (3)(b)(i) through (iii) shall be in a different font style than the text described in Subsections (3)(b)(iv) and (v).

- 50 - HB0597 compared with HB0597S01 (ii) The warning statements in the sign described in Subsection (3)(b) shall be in the same font size.

(5)(5)(a) (a) A package agency may not purchase liquor from a person except from the department.

(7)(7)(a) (a) Except as provided in Subsection (7)(b) and Section 32B-2-213, a package agency [may[ may not] shall sell, offer for sale, or furnish liquor [except ]at a price fixed by the commission.

(iii)- staff47 of- theH.B. package agency does not leave the alcoholic product outside a guest room for retrieval by a guest;

597 Enrolled Copy (iii) staff of the package agency does not leave the alcoholic product outside a guest room for retrieval by a guest;

or - 51 - HB0597 compared with HB0597S01 (d) a known habitual drunkard.

(9)(9)(a) (a) A package agency may not employ a minor to handle liquor.

(b)(b)(i) (i) Staff of a package agency may not:

(10)(10)(a) (a) A package agency may not close or cease operation for a period longer than 72 hours, unless:

(c)(c)(i) (i) The department may authorize a closure or cessation of operation for a period not to exceed 60 days.

(e)- Failure48 of- aEnrolled packageCopy agencyH.B. to provide notice and to obtain department authorization before closure or cessation of operation results in an automatic termination of the package agency agreement effective immediately.

597 (e) Failure of a package agency to provide notice and to obtain department authorization before closure or cessation of operation results in an automatic termination of the package agency agreement effective immediately.

- 52 - HB0597 compared with HB0597S01 (11) A package agency may not transfer the package agency's operations from one location to another location without prior written approval of the commission.

(12)(12)(a) (a) A person, having been issued a package agency, may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the package agency to another person, whether for monetary gain or not.

(13)(13)(a) (a) Subject to the other provisions of this Subsection (13):

(c)(c)(i) (i) Subsection (13)(a) does not apply to a package agency held by the following if the package agent that holds the package agency to sell liquor at a resort or hotel does not sell liquor in a manner similar to a state store:

(ii) The commission may by rule define what constitutes a package agency that sells liquor "in a manner similar to a state store." (14)(14)(a) (a) Except to the extent authorized by commission rule, a minor may not be admitted- into,49 or- beH.B. on the premises of, a package agency unless accompanied by a person who is:

-597 53Enrolled -Copy HB0597admitted comparedinto, withor HB0597S01be (i)on 21the yearspremises oldof, ora older;package agency unless accompanied by a person who is:

(i) 21 years old or older;

(15)(15)(a) (a) A package agency shall sell, offer for sale, or furnish liquor in a sealed container.

- 5450 - HB0597Enrolled comparedCopy withH.B. HB0597S01 (a) heavy beer in a sealed container that exceeds two liters;

597 (a) heavy beer in a sealed container that exceeds two liters;

32B-3-203.32B-3-203 (Effective 05/06/26).

and - 55 - HB0597 compared with HB0597S01 (ii) if a violation is found, the appropriate sanction to be imposed;

and (b)- refer51 the- matterH.B. to the State Bureau of Investigation, created in Section 53-10-301.

597 Enrolled Copy (b) refer the matter to the State Bureau of Investigation, created in Section 53-10-301.

(4)(4)(a) (a) Unless waived by the respondent, a disciplinary proceeding shall be held:

{Section 13.

Section 32B-4-403 is amended to read:

} 32B-4-403.

Unlawful sale, offer for sale, or furnishing to minor.

(1) Ĥ→ [A] Except as provided in Subsection (3), a ←Ĥ person may not Ĥ→ knowingly ←Ĥ sell, offer for sale, or furnish an alcoholic product to a minor.

Ĥ→ [(2) ←Ĥ (a) (i) Ĥ→ Except as provided in Subsection (3), a person is guilty of a class [B]A misdemeanor if:[ the person who violates Subsection (1) negligently or recklessly ][fails to determine whether the recipient of the alcoholic product is a minor.]] [(a) the person who violates Subsection (1) negligently or recklessly fails to determine ] ←Ĥ Ĥ→ [whether the recipient of the alcoholic product is a minor;

or] [(b) the person who violates Subsection (1) knows the recipient of the alcoholic product ] ←Ĥ Ĥ→ [is a minor.] ←Ĥ - 56 - HB0597 compared with HB0597S01 [(ii) Ĥ→ (c) As used in this Subsection [(2)(a)](2), "negligently" means with simple negligence.] ←Ĥ [(b) Ĥ→ [Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if ][the person who violates Subsection (1) knows the recipient of the alcoholic product is ][a minor.]] 1759a (2) A violation of Subsection (1) is a class A misdemeanor.

←Ĥ (3) This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this title:

(a) for medicinal purposes by:

(i) the parent or guardian of the minor;

or (ii) the health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription;

or (b) as part of a religious organization's religious services.

32B-4-405.32B-4-405 (Effective 05/06/26).

32B-5-201.32B-5-201 (Effective 05/06/26).

(1)- (a)52 Before- aEnrolled personCopy mayH.B. store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.

-597 57(1)(a) -Before HB0597a comparedperson withmay HB0597S01store, (b)sell, Violationoffer for sale, furnish, or permit consumption of thisan Subsectionalcoholic (1)product ison licensed premises as a classretail Blicensee, misdemeanor.the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.

(b) Violation of this Subsection (1) is a class B misdemeanor.

(ii)- if53 the- retailH.B. licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses;

597 Enrolled Copy (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses;

- 58 - HB0597 compared with HB0597S01 (k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter:

and (b) for a retail license or a conditional retail license, granting the retail license or the conditional retail license would not cause the commission to exceed the maximum number of licenses of that retail license type that the commission is authorized to issue- under54 this- chapter.Enrolled Copy H.B.

(6)597 (a)issue The commission may deny an application for a retail license, an application for a conditional retail license under Sectionthis 32B-5-205,chapter. or an application for a sublicense under Chapter 8d, Sublicense Act, if the commission determines:

(6)(a) The commission may deny an application for a retail license, an application for a conditional retail license under Section 32B-5-205, or an application for a sublicense under Chapter 8d, Sublicense Act, if the commission determines:

or - 59 - HB0597 compared with HB0597S01 (ii) after considering a factor described in Subsections 32B-5-203(2)(c) through (f) or (3), a denial of the application is warranted.

32B-5-303.32B-5-303 (Effective 05/06/26).

(1)(1)(a) (a) A retail licensee may not purchase liquor except from a state store or package agency.

(2)(2)(a)(i) (a) (i) A retail licensee may not purchase, acquire, possess for the purpose of resale, or sell beer except beer that the retail licensee purchases from:

(b)(b)(i) (i) If a retail licensee purchases beer under Subsection (2)(a) from a beer wholesaler licensee, the retail licensee shall purchase beer only from a beer wholesaler licensee that the manufacturer designates[who is designated by the manufacturer] to sell beer in the geographical area in which the retail licensee is located, unless the department authorizes an alternate wholesaler [is authorized by the department ]to sell to the retail licensee as provided in Section 32B-13-301.

(3) A retail licensee may not store, sell, offer for sale, or furnish an alcoholic product in a place other than as designated in the retail licensee's application, unless the retail licensee- first55 applies- forH.B. and receives approval from the department for a change of location within the licensed premises.

[(4)597 AEnrolled liquorCopy storagelicensee areafirst shallapplies remainfor lockedand atreceives allapproval timesfrom exceptthe when:]department -for 60a -change HB0597of comparedlocation withwithin HB0597S01the [(a)licensed liquorpremises. sales are authorized by law;

[(4) A liquor storage area shall remain locked at all times except when:] [(a) liquor sales are authorized by law;

32B-5-304.32B-5-304 (Effective upon governor's approval).

(1)(1)(a) (a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title.

(c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient- shall:56 - Enrolled Copy H.B.

-597 61ingredient -shall: HB0597 compared with HB0597S01 (i) designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department;

and(i) (ii)designate clearlya andlocation conspicuouslywhere labelthe eachretail licensee stores secondary flavoring ingredient'singredients containeron ["flavorings".]the "flavorings."floor (d)plan (i)the Aretail patronlicensee maysubmits haveto nothe moredepartment; than 2.5 ounces of spirituous liquor at a time.

and (ii) clearly and conspicuously label each secondary flavoring ingredient's container [ "flavorings".] "flavorings." (d)(i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.

(2)(2)(a)(i) (a) (i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion.

(b)(b)(i) (i) [A] Except as provided in Subsection (6), a retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.

(3)(3)(a) (a) [A] Except as provided in Subsection (6), a retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.

(5)(5)(a)(i) - 62 - HB0597 compared with HB0597S01 (a) (i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or furnish beer for on-on-premise premise consumption:

(A)- in57 a- sizeH.B. of container that exceeds two liters;

597 Enrolled Copy (A) in a size of container that exceeds two liters;

32B-5-305.32B-5-305 (Effective upon governor's approval).

(1)(1)[(a) [(a) A] Except as provided in Section 32B-2-213, a retail licensee:

(2)(2)(a) (a) A retail licensee may not sell, offer for sale, or furnish an alcoholic product at less than the cost of the alcoholic product to the retail licensee.

- 63 - HB0597 compared with HB0597S01 (e) A retail licensee may not sell, offer for sale, or furnish an indefinite or unlimited number of alcoholic products during a set period for a fixed price.

Section- 18.58 - Enrolled Copy H.B.

597 Section 18.

32B-5-306.32B-5-306 (Effective 05/06/26).

(1)(1)[(a)] [(a)] A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:

[(b) Prior to any sale or furnishing of an alcohol product, a retail licensee shall verify whether the person is a minor or an interdicted person through examination of the person's identification card or license certificate issued pursuant to Title 53, Chapter 3, Uniform Driver License Act, or proof of age issued by another state or country.] (2)(2)(a) (a) A patron may only purchase an alcoholic product in the licensed premises of a retail licensee from and be served by an individual who is:

(c) Notwithstanding Subsection (2)(a) or (b), a patron who purchases bottled wine from staff of the retail licensee or carries bottled wine onto the retail licensee's premises [pursuant[ pursuant to] in accordance - 64 - HB0597 compared with HB0597S01 with Section 32B-5-307 may thereafter serve wine from the bottle to the patron or others at the patron's table.

32B-5-307.32B-5-307 (Effective 05/06/26).

(a)- an59 individual- mayH.B. not bring onto the licensed premises of a retail licensee an alcoholic product for on-premise consumption;

597 Enrolled Copy (a) an individual may not bring onto the licensed premises of a retail licensee an alcoholic product for on-premise consumption;

and (c)(c)(i) (i) an individual may not carry from the licensed premises of a retail licensee a sealed container of liquor that has been purchased from the retail licensee;

(3)(3)(a) - 65 - HB0597 compared with HB0597S01 (a) A patron may bring a bottled wine onto the premises of a retail licensee for on-premise consumption if:

(d) A patron may remove from a licensed premises the unconsumed contents of a bottle of wine purchased at the licensed premises, or brought onto the licensed premises in accordance with this Subsection (3), only if before removal the bottle is recorked or recapped.- 60 - Enrolled Copy H.B.

597 recapped.

(5)(5)(a) (a) A patron may carry from a retail licensee's licensed premises a sealed container of beer that has been purchased from the retail licensee.

(b) the distance between the bar and the restaurant licensee is no more than 3035 feet;

- 66 - HB0597 compared with HB0597S01 (c) the bar establishment licensee and the restaurant licensee are under the same ownership;

32B-6-203.32B-6-203 (Effective 05/06/26).

(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on [its] the person's premises as a full-service restaurant, the person shall first obtain a full-full-service 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- premises61 operated- asH.B. a full- service restaurant.

597 Enrolled Copy on premises operated as a full-service restaurant.

and (c)(c)(i) (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 - 67 - HB0597 compared with HB0597S01 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:

(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a full-full-service service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).

(5)(5)(a) (a) To be licensed as a full-service restaurant, a person shall maintain at least 70% of the person's gross revenues from the sale of food.

(b)- A62 person- compliesEnrolled withCopy SubsectionH.B. (5)(a) if the percentage calculated by dividing the person's annual markup cost by the sum of the person's annual gross revenues from food sales and the person's annual markup cost does not exceed 30%.

597 (b) A person complies with Subsection (5)(a) if the percentage calculated by dividing the person's annual markup cost by the sum of the person's annual gross revenues from food sales and the person's annual markup cost does not exceed 30%.

32B-6-303.32B-6-303 (Effective 05/06/26).

(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of wine, heavy beer, or beer on its premises as a limited-service restaurant, the person shall first obtain a limited-limited-service service restaurant license from the commission in accordance with this part.

(2)(2)(a) (a) The commission may issue a limited-service restaurant license to establish limited-service restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, - 68 - HB0597 compared with HB0597S01 offer for sale, furnishing, and consumption of wine, heavy beer, or beer on premises operated as a limited-service restaurant.

(c)(c)(i) (i) If the location, design, and construction of a hotel may require more than one limited-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale of wine, heavy beer, and beer at as many as three limited-service restaurant locations within the hotel under one limited-service restaurant license if:

and (B)- the63 locations- underH.B. the limited-service restaurant license are:

597 Enrolled Copy (B) the locations under the limited-service restaurant license are:

(ii) A facility other than a hotel shall have a separate limited-service restaurant license for each limited-limited-service service restaurant where wine, heavy beer, or beer is sold, offered for sale, or furnished.

(4) Except as otherwise provided in Section 32B-1-202, the commission may not issue a limited-limited-service service restaurant license for premises that do not meet the proximity requirements of Subsection 32B-1-202(2).

or] [(b) a service charge.] (5)(5)(a) - 69 - HB0597 compared with HB0597S01 (a) To be licensed as a limited-service restaurant, a person shall maintain at least 70% of the person's gross revenues from the sale of food.

32B-6-605.32B-6-605 (Effective 05/06/26).

(1)(1)(a) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an on-premise banquet licensee and staff of the on-premise banquet licensee shall comply with this section.

(3)- (a)64 For- theEnrolled purposeCopy describedH.B. in Subsection (3)(b), an on-premise banquet licensee shall provide the department with advance notice of a scheduled banquet in accordance with rules made by the commission.

597 (3)(a) For the purpose described in Subsection (3)(b), an on-premise banquet licensee shall provide the department with advance notice of a scheduled banquet in accordance with rules made by the commission.

(4)(4)(a) (a) An on-premise banquet licensee is not subject to Subsection 32B-5-302(1), but shall make and maintain the records described in Subsection 32B-5-302(2) and the records the commission or department requires.

- 70 - HB0597 compared with HB0597S01 (b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (4).

(5)(5)(a) (a) Except as otherwise provided in this title, an on-premise banquet licensee may sell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at the location of the banquet.

(6)(6)(a) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at the banquet following the conclusion of the banquet.

(i) shall store the alcoholic product in the on-premise banquet licensee's approved [locked[ locked ]storage area;

(7)- Notwithstanding65 Section- 32B-5-308,H.B. an on-premise banquet licensee may not employ a minor to sell, furnish, or dispense an alcoholic product in connection with the on-premise banquet licensee's banquet and room service activities.

597 Enrolled Copy (7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not employ a minor to sell, furnish, or dispense an alcoholic product in connection with the on-premise banquet licensee's banquet and room service activities.

and - 71 - HB0597 compared with HB0597S01 (ii) ends at 9:59 a.m.;

(9)(9)(a) (a) Subject to the other provisions of this Subsection (9), a patron may not have more than two alcoholic products of any kind at a time before the patron.

(10)(10)(a) (a) An on-premise banquet licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product.

(12)(12)(a) (a) Room service of an alcoholic product to a guest room or privately owned dwelling unit of a hotel or resort facility shall be provided in person by staff of an on-premise banquet licensee only to an adult guest in the guest room or privately owned dwelling unit.

32B-6-803.- 66 - Enrolled Copy H.B.

597 32B-6-803 (Effective 05/06/26).

- 72 - HB0597 compared with HB0597S01 (2) The commission may issue a reception center license to establish reception center 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 reception center.

and (b) 4.four.

(5)(5)(a) (a) To be licensed as a reception center, a person shall maintain at least 70% of the person's gross revenues from the sale of food.

[(5)[(5)(a) (a) To be licensed as a reception center, a person may not maintain more than 30% of the person's total annual gross receipts from the sale of alcoholic products.] [(b) For purposes of Subsection (5)(a):] [(i) an alcoholic product includes:] [(A) mix for an alcoholic product;

32B-6-805.32B-6-805 (Effective 05/06/26).

(1)(1)(a) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a reception center licensee and staff of the reception center licensee shall- comply67 with- thisH.B. section.

-597 73Enrolled -Copy HB0597shall compared with HB0597S01 (b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapterthis 3,section. Disciplinary Actions and Enforcement Act, against:

(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

(3)(3)(a) (a) For the purpose described in Subsection (3)(b), a reception center licensee shall provide the following with advance notice of a scheduled event in accordance with rules [made by ]the commission makes:

(4)(4)(a) (a) Except as otherwise provided in this title, a reception center licensee may sell, offer for sale, or furnish an alcoholic product at an event only for consumption at the reception center's licensed premises.

(5)(5)(a) (a) A reception center licensee may not leave an unsold alcoholic product at an event following the conclusion of the event.

- 74 - HB0597 compared with HB0597S01 (i) destroy an opened and unused alcoholic product that is not saleable, under conditions [established by ]the department establishes;

(c) Except as provided in Subsection (5)(b) with regard to an open or sealed container of an- alcoholic68 product- notEnrolled soldCopy orH.B. consumed at an event, a reception center licensee:

597 an alcoholic product not sold or consumed at an event, a reception center licensee:

(10)(10)(a) (a) Subject to the other provisions of this Subsection (10), a patron may not have more than two alcoholic products of any kind at a time before the patron.

(11)(11)(a) (a) A reception center licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product.

- 75 - HB0597 compared with HB0597S01 (13) A reception center licensee may not sell, offer for sale, or furnish an alcoholic product to a patron, and a patron may not consume an alcoholic product at a bar structure.

(A)- not69 readily- visibleH.B. to a patron;

597 Enrolled Copy (A) not readily visible to a patron;

(16)(16)(a) (a) A reception center licensee may not have an event on the licensed premises unless the event:

- 76 - HB0597 compared with HB0597S01 (i) without charge to a patron, except that the third party host of the event shall pay for an alcoholic product furnished at the event;

(c) The commission may by rule define what constitutes a "third-party host" for purposes of this Subsection (16) so that a reception center licensee and the third-party host are not owned by or operated by the same persons, except that the rule shall permit- a70 reception- centerEnrolled licenseeCopy toH.B. host an event for an immediate family member of the reception center licensee.

597 permit a reception center licensee to host an event for an immediate family member of the reception center licensee.

and (b)(b)(i) (i) located on the licensed premises;

(18)(18)(a) (a) Except as provided in Subsection (18)(b), a reception center licensee may not operate an event:

32B-6-903.32B-6-903 (Effective 05/06/26).

[(2)](2)(a) (a) [(a)] (i) The commission may issue a beer-only restaurant license to establish beer-only restaurant licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of beer on premises operated as a beer-only restaurant.

-(b) 77 - HB0597 compared with HB0597S01 [(b)] (ii) A person may not sell, offer for sale, furnish, or allow the consumption of liquor on the licensed premises of a beer-only restaurant licensee.

[(3)](3)(a) (b) [(a)] (i) Only one beer-only restaurant license is required for each building or resort facility owned or leased by the same person.

[(b)](b) (ii) A separate license is not required for each beer-only restaurant license dispensing location in the same building or on the same resort premises owned or operated by the same person.

[(4)](4) (c) Except as otherwise provided in Section 32B-1-202, the commission may not issue a beer-beer-only only restaurant license for premises that do not meet the proximity requirements of Subsection- 32B-1-202(2).71 - H.B.

[(5)597 ToEnrolled beCopy licensedSubsection as32B-1-202(2). a beer-only restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include a service charge.] (2) (a) To be licensed as a beer-only restaurant, a person shall maintain at least 70% of the person's gross revenues from the sale of food.

(b)[(5) ATo be licensed as a beer-only restaurant, a person compliesshall withmaintain Subsectionat (2)(a)least if70% of the percentagerestaurant's calculatedgross byrevenues dividingfrom the person'ssale annualof markupfood, costwhich bydoes thenot suminclude ofa theservice person'scharge.] annual(5)(a) grossTo revenuesbe fromlicensed foodas salesa andbeer-only restaurant, a person shall maintain at least 70% of the person's annualgross markuprevenues costfrom doesthe notsale exceedof 30%.food.

(b) A person complies with Subsection (5)(a) if the percentage calculated by dividing the person's annual markup cost by the sum of the person's annual gross revenues from food sales and the person's annual markup cost does not exceed 30%.

32B-7-202.32B-7-202 (Effective 05/06/26).

(1)(1)(a) (a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply with the provisions of this title and any applicable rules made by the commission.

[(3)] (2)(2)(a)(i) (a) (i) An off-premise beer retailer may not purchase, acquire, possess for the purpose of resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases from:

or - 78 - HB0597 compared with HB0597S01 (B) a small brewer that manufactures the beer.

(b)(b)(i) (i) If an off-premise beer retailer purchases beer under this Subsection (2) from a beer wholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the off-premise beer retailer is located, unless an alternate wholesaler is authorized by the department to sell to the off-off-premise premise beer retailer as provided in Section 32B-13-301.

[(5)] (4)(4)(a) (a) Staff of an off-premise beer retailer, while on duty, may not:

or (ii)- be72 intoxicated.- Enrolled Copy H.B.

597 (ii) be intoxicated.

[(7)] (6)(6)(a) (a) Subject to the other provisions of this Subsection (6), an off-premise beer retailer shall:

and - 79 - HB0597 compared with HB0597S01 (B) not adjacent to a display of nonalcoholic beverages, unless the location is a cooler with a door from which the nonalcoholic beverages are not accessible, or the beer is separated from the display of nonalcoholic beverages by a display of one or more nonbeverage products or another physical divider;

(C) meets the requirements for format {[establishedestablished by the commission{]} that the commission establishes} by rule;

and (D) {[readsreads in print that is no smaller than .5 inches, bold type, "These beverages contain alcohol.

Please read the label carefully."{]}carefully." meets the requirements the department establishes by rule in accordance with Subsection (12).} (b) Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.

(d)- A73 violation- ofH.B. this Subsection (6) is an infraction.

(e)597 (i)Enrolled ExceptCopy as(d) providedA inviolation Subsection (6)(e)(ii), the provisions of this Subsection (6)(a)(i)(6) applyis onan andinfraction. after May 9, 2017.

(e)(i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection (6)(a)(i) apply on and after May 9, 2017.

[(8)] (7)(7)(a) (a) Staff of an off-premise beer retailer who directly supervises the sale of beer or who sells beer to a patron for consumption off the premises of the off-premise beer retailer shall wear a unique identification badge:

- 80 - HB0597 compared with HB0597S01 (A) first or last name;

and (iii)(iii)(A) (A) driver license number;

[(9)] (8)(8)(a) (a) An off-premise beer retailer may sell, offer for sale, or furnish beer:

(i)- at74 a- drive-throughEnrolled window;Copy H.B.

597 (i) at a drive-through window;

(b)(b)(i) (i) An off-premise beer retailer shall ensure that a parking stall described in Subsection (8)(a)(iii) is:

and (C) labeled in a conspicuous manner that communicates the purpose described in Subsection [(8)(b)[(8)(b)(ii).] (ii).] (8)(b)(i)(B).

- 81 - HB0597 compared with HB0597S01 (ii) An off-premise beer retailer may not sell, offer for sale, or furnish beer at a designated parking stall described in Subsection (8)(a)(iii) unless:

or (c) engage in or permit a contest, game, gaming scheme, or gaming device that requires the risking of something of value for a return or for an outcome when the return or outcome- is75 based- uponH.B. an element of chance, excluding the playing of an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

597 Enrolled Copy outcome is based upon an element of chance, excluding the playing of an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

-Section 8227. - HB0597 compared with HB0597S01 {(12)} {(a) Subject to Subsection (12)(b), the department shall establish, by rule, the language that a sign described in Subsection (6)(a)(ii) shall contain.} {(b) The department shall require that a sign described in Subsection (6)(a)(ii) contain at least the following:} {(i) the words, in no smaller than .5 inches, in bold font, "These beverages contain alcohol.

Please read the label carefully.";} {(ii) a notice of the risk an individual incurs by operating a motor vehicle while under the influence of alcohol;} {(iii) a notice of the general health risks associated with consuming alcohol;

and} {(iv) any other language the department deems necessary.} {(c) Once during each even-numbered year, the department shall submit a report to the Legislative Management Committee that states:} {(i) the current language the department requires in accordance with this Subsection (12);} {(ii) each change the department has made to the language since the department's immediately preceding report;

and} {(iii) any legislative changes that the department recommends that relate to Subsection (6).} Section 27.

32B-8-401.32B-8-401 (Effective 05/06/26).

(1)(1)(a) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a resort licensee, staff of the resort licensee, and a sublicensee or a person otherwise operating under a sublicense shall comply with this section.

or - 83 - HB0597 compared with HB0597S01 (v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).

(2)(2)(a) (a) A resort licensee may not sell, offer for sale, or furnish an alcoholic product except:

(iii) under a package agency agreement with the department, subject to Chapter 2, Part- 6,76 Package- Agency;Enrolled Copy H.B.

597 Part 6, Package Agency;

and] [(b) a charge in connection with the service of an alcoholic product.] (3)(3)(a) (a) To be licensed as a resort licensee, a person shall maintain at least 70% of the person's gross revenues related to the sale of food or beverages for the resort licensee and each of the resort licensee's sublicenses from the sale of food.

(4)(4)(a) - 84 - HB0597 compared with HB0597S01 (a) A resort licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a resort license.

and (c)- ensure77 that- eachH.B. patron complies with the requirements of Subsection 32B-8d-104(5)(b)(ii).

(6)597 (a)Enrolled StaffCopy of(c) theensure resortthat licenseeeach shallpatron providecomplies roomwith servicethe ofrequirements an alcoholic product to a lodging accommodation of aSubsection resort32B-8d-104(5)(b)(ii). licensee in person only to an adult occupant in the lodging accommodation.

(6)(a) Staff of the resort licensee shall provide room service of an alcoholic product to a lodging accommodation of a resort licensee in person only to an adult occupant in the lodging accommodation.

32B-8b-102.32B-8b-102 (Effective 05/06/26).

- 85 - HB0597 compared with HB0597S01 (b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;

32B-8b-301.32B-8b-301 (Effective 05/06/26).

Specific operational requirements for hotel license.- 78 - Enrolled Copy H.B.

(1)597 (a)license. In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.

(1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.

(2)(2)(a) (a) A hotel licensee may not sell, offer for sale, or furnish an alcoholic product except:

- 86 - HB0597 compared with HB0597S01 (b) A hotel licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product:

(4)- (a)79 A- hotelH.B. licensee shall:

597 Enrolled Copy (4)(a) A hotel licensee shall:

(5)(5)(a) (a) Staff of the hotel licensee shall provide room service of an alcoholic product to a lodging accommodation of a hotel licensee in person only to an adult occupant in the lodging accommodation.

(6)(6)(a) - 87 - HB0597 compared with HB0597S01 (a) To be licensed as a hotel licensee, a person shall maintain at least 70% of the person's gross revenues related to the sale of food or beverages for the hotel licensee and each of the hotel licensee's sublicenses from the sale of food.

(b) A person complies with Subsection (6)(a) if the percentage calculated by dividing the hotel's and each of the hotel's sublicense's annual markup cost by the sum of the the hotel's and each of the hotel's sublicense's annual gross revenues from food sales and the hotel's and each of the hotel's sublicense's annual markup cost does not exceed 30%30%. [(6) A hotel licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food or beverages for the hotel license and each of the hotel license's sublicenses is from the sale of food, not including:] [(a) mix for an alcoholic product;

[(6) A hotel licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food or beverages for the hotel license and each of the hotel license's sublicenses is from the sale of food, not including:] [(a) mix for an alcoholic product;

32B-8c-301.32B-8c-301 (Effective 05/06/26).

(1)(1)(a) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, an arena licensee, staff of the arena licensee, and a sublicensee or person- otherwise80 operating- underEnrolled aCopy sublicenseH.B. shall comply with this section.

597 person otherwise operating under a sublicense shall comply with this section.

(2)(2)(a) (a) An arena licensee may not sell, offer for sale, or furnish an alcoholic product except:

- 88 - HB0597 compared with HB0597S01 (b) An arena licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product:

and] [(b) a charge in connection with the service of an alcoholic product.] (3)(3)(a) (a) To be licensed as an arena licensee, a person shall maintain at least 70% of the person's gross revenues related to the sale of food or beverages for the arena licensee and each of the arena licensee's sublicenses from the sale of food.

(b) A person complies with Subsection (3)(a) if the percentage calculated by dividing the arena's and each of the arena's sublicense's annual markup cost by the sum of the the- arena's81 and- eachH.B. of the arena's sublicense's annual gross revenues from food sales and the arena's and each of the arena's sublicense's annual markup cost does not exceed 30%.

597 Enrolled Copy the arena's and each of the arena's sublicense's annual gross revenues from food sales and the arena's and each of the arena's sublicense's annual markup cost does not exceed 30%.

32B-9-201.32B-9-201 (Effective 05/06/26).

- 89 - HB0597 compared with HB0597S01 (c) written consent of the local authority;

(a)- a82 state- agency;Enrolled Copy H.B.

597 (a) a state agency;

(5)(5)(a) (a) The proximity requirements of Section 32B-1-202 do not apply to an event permit.

32B-9-202.32B-9-202 (Effective 05/06/26).

-(1)(a) 90 - HB0597 compared with HB0597S01 (1) (a) Before the director may issue an event permit, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the director as to whether the director should issue an event permit.

(f) determine that the event permit is not being sought by the person as a means to circumvent other applicable requirements of this title, notwithstanding that the applicant- may83 hold- oneH.B. or more licenses issued under this title;

597 Enrolled Copy applicant may hold one or more licenses issued under this title;

(3)(3)[(a) - 91 - HB0597 compared with HB0597S01 [(a) Except as provided in Subsections (3)(d) and (e), the director shall notify each commissioner of the director's preliminary decision to issue or deny the issuance of an event permit three business days before the day on which the decision is to be final.] [(b) The preliminary decision becomes a final decision of the director unless:] [(i) within three business days after the day on which the notice is received at least three of the commissioners request a meeting to discuss whether the event permit should be issued;

and] [(B) issue the event permit if the applicant meets the requirements of this chapter or deny issuance of the event permit if the applicant fails to meet the requirements of this chapter.] [(d) The commission may waive the three business day notice period described in Subsection (3)(a) on behalf of a commissioner.] [(e)] (a)(a)(i) (i) The director may at any time refer an application for an event permit directly to the commission for a determination as to whether an event permit should be issued or denied.

(ii) For purposes of this title, an event permit issued by the commission is to be treated- the84 same- asEnrolled anCopy eventH.B. permit issued by the director.

597 treated the same as an event permit issued by the director.

- 92 - HB0597 compared with HB0597S01 Section 33.

32B-9-204.32B-9-204 (Effective 05/06/26).

(1)(1)(a) (a) An event permittee and a person involved in the storage, sale, offer for sale, or furnishing of an alcoholic product at an event for which an event permit is issued, shall comply with this title and rules of the commission.

(2)- (a)85 If- thereH.B. is a conflict between this part and the relevant part under this chapter for the specific type of special use permit held by the special use permittee, the relevant part governs.

597 Enrolled Copy (2)(a) If there is a conflict between this part and the relevant part under this chapter for the specific type of special use permit held by the special use permittee, the relevant part governs.

- 93 - HB0597 compared with HB0597S01 (3) An event permittee shall display a copy of the event permit in a prominent place in the area in which an alcoholic product is sold, offered for sale, furnished, and consumed.

or (c)- a86 small- brewer.Enrolled Copy H.B.

597 (c) a small brewer.

(8)(8)(a) (a) Subject to Subsection (8)(b), an event permittee may sell, offer for sale, or furnish beer for on-on-premise premise consumption:

- 94 - HB0597 compared with HB0597S01 (i) in a size of container that exceeds two liters;

(9)(9)(a) (a) An event permittee may not sell or offer for sale an alcoholic product at less than the cost of the alcoholic product to the event permittee.

(g) An event permittee may not engage in a public promotion involving or offering a free- alcoholic87 product- toH.B. the general public.

597 Enrolled Copy free alcoholic product to the general public.

(11)(11)(a) (a) An alcoholic product is considered under the control of the event permittee during an event.

and - 95 - HB0597 compared with HB0597S01 (b) contains an alcoholic product.

(13)(13)(a) (a) A person involved in the storage, sale, or furnishing of an alcoholic product at an event is considered under the supervision and direction of the event permittee.

(17)(17)(a) (a) An event permittee may not sell, offer for sale, furnish, or allow the consumption of an alcoholic product during a period that:

(18) A patron may have no more than one alcoholic product of any kind at a time before the patron.- 88 - Enrolled Copy H.B.

(19)597 (a)patron. An event permittee shall display, in a prominent place, a sign in large letters that consists of text in the following order: