§ 32B-6-406.1. Specific operational restrictions related to dance or concert hall.

(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 social club licensee; or

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

(b) the social club 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 social club licensee was licensed as a class D private club.

(2) A social club licensee that holds a dance or concert hall permit shall operate in such a way that:

(a) the social club licensee's lounge, bar, 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 bar or dispensing area 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 social club license premises accessible to a minor;

(d) the social club licensee maintains sufficient security personnel to prevent the passing of beverages from the social club licensee's lounge, bar, or other area for alcoholic product consumption to:

(i) the dance or concert hall area; or

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

(e) there are one or more separate entrances, exits, and restroom facilities from the social club licensee's lounge, bar, 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 social club 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 social club licensee.

(4) The commission may suspend or revoke a dance or concert permit issued to a social club licensee and suspend or revoke the license of the social club licensee if:

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

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

(c) the social club licensee or a supervisory or managerial level staff of the social club 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 social club licensee;

(d) there are three or more convictions of patrons of the social club 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 social club licensee;

(iii) there is more than one conviction:

(A) of:

(I) the social club licensee;

(II) staff of the social club licensee;

(III) an entertainer contracted by the social club licensee; or

(IV) a patron of the social club 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 social club 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 social club licensee.

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

Enacted by Chapter 276, 2010 General Session