Signed by Governor Jon Huntsman, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that amends and supplements statutes related to alcohol regulation, including a repeal of the requirement that individual's obtain a membership to clubs that serve alcohol.

Highlights:

-Requires clubs serving alcohol to verify the age of any patron who appears to be 35 years of age or younger using an electronic verification program established by this Act (Sec. 10). -Requires the Alcoholic Beverage Control Commission to establish an electronic verification program with specifications for the technology to be used by clubs serving alcohol to verify the age of patrons, including a requirement that the technology display the following information, of which will be stored for 7 days (Sec. 10):

-Name; -Age; -Number assigned to the individual's proof of age by the issuing authority; -Birth Date; -Gender; and -Status and expiration date of the individual's proof of age.

-Amends the regulations on serving alcohol at restaurants by authorizing the dispensing of alcohol from 1 of the following locations (Sec. 6):

-"Grandfathered bar structure," meaning a bar structure that has, as of May 11, 2009, the following:
-Patron seating; -Partition at 1 or more locations on the bar structure that is along the width of the bar structure; and -Facilities for the dispensing or storage of an alcoholic beverage that is separated from the patrons by the partition or adjacent to the bar structure in a manner visible to a patron sitting at the bar;
-Area adjacent to a grandfathered bar structure that is visible to a patron sitting at the bar structure if that area is used to dispense alcoholic beverages as of May 12, 2009; or -Area that is separated from an area for the consumption of food by restaurant patrons, such that the facilities for the dispensing or storage of an alcoholic beverage are not readily visible or accessible to a restaurant patron.

-Prohibits minors from sitting at a grandfathered bar structure, with exceptions being granted to employees, but does not prohibit minors from being in areas that are out of sight of where alcoholic beverages are dispensed (Sec. 6). -Repeals the prohibition on the sale of alcohol on election days (Sec. 12). -Increases the amount of public liability insurance necessary to obtain a liquor license from $500,000 to $1 million per occurrence and from $1 million to $2 million in the aggregate (Secs. 15, 17, 22, 26, 41, 49, & 59). -Establishes a flat-rate renewal fee of $1,600 for clubs serving alcohol, thereby eliminating the following schedule for determining a renewal fee, as provided by existing law (Sec. 40):

-$1,000 when the gross cost of liquor in the previous license year was under $10,000; -$1,250 when the gross cost of liquor in the previous license year equals or exceeds $10,000 but was less than $25,000; -$1,750 when the gross cost of liquor in the previous license year equals or exceeds $25,000 but was less than $75,000; and -$2,250 when the gross cost of liquor in the previous license year equals or exceeds $75,000.

-Establishes a separate liquor license for ski resorts, of which the Alcoholic Beverage Control Commission is authorized to issue up to 4 at 1 time, and specifies what is required to be submitted with the application, including, but not limited to, the following (Secs. 25-26):

-$250 nonrefundable application fee; -License fee, which is refundable if the application is rejected, equal to $10,000 for 4 sublicenses that are being applied for under the resort license, and an additional $2,000 for each additional sublicense; -$25,000 cash or corporate surety bond payable to the Department of Alcoholic Beverage Control; and -Written consent of the local authority.

-Requires the Alcoholic Beverage Control Commission to review the penalties imposed for violations related to providing alcohol to minors from January 1, 2005 through December 31, 2008, and requires the Commission to address the following in its review (Sec. 63):

-Trends, if any, in the severity of penalties; -Circumstances affecting the penalties imposed; -Purpose and effectiveness of the penalties; -Other issues as determined by the Commission; and -Whether the Commission should recommend legislative action related to the imposition of penalties.

-This is a substitute bill sponsored by Sen. John Valentine.

Full Bill Text