R81-4A-15. Grandfathered Bar Structures

  (1) Authority 32B-1-102; 32B-6-202; and 32B-6-205.3.

  (2) The purpose of this rule is to define terms for full service restaurant licenses as required by 32B-6 Part 2.

  (3) Definitions.

  (a) "Actively engaged in the construction of the restaurant" for purposes of 32B-6-202(1)(a)(ii)(A)(I) means that:

  (i) a building permit has been obtained to build the restaurant; and

  (ii) a construction contract has been executed and the contract includes an estimated date that the restaurant will be completed; or

  (iii) work has commenced by the applicant on the construction of the restaurant and a good faith effort is made to complete the construction in a timely manner.

  (b) "remodels the grandfathered bar structure" for purposes of 32B-6-202(1)(b) means that:

  (i) the grandfathered bar structure has been altered or reconfigured to:

  (A) extend the length of the existing structure to increase its seating capacity; or

  (B) increase the visibility of the storage or dispensing area to restaurant patrons.

  (c) "remodels the grandfathered bar structure" does not:

  (i) preclude making cosmetic changes or enhancements to the existing structure such as painting, staining, tiling, or otherwise refinishing the bar structure;

  (ii) preclude locating coolers, sinks, plumbing, cooling or electrical equipment to an existing structure; or

  (iii) preclude utilizing existing space at the existing bar structure to add additional seating.

  (d) Pursuant to 32B-5-303(3), the licensee must first apply for and receive approval from the department for a change of location where alcohol is stored, served, and sold other than what was originally designated in the licensee's application for the license. Thus, any modification of the alcoholic beverage storage and dispensing area at a "grandfathered bar structure" must first be reviewed and approved by the department to determine whether it is:

  (i) an acceptable use of an existing bar structure; or

  (ii) a remodel of a "grandfathered bar structure".

  (e) "remodels the grandfathered bar structure or dining area" for purposes of 32B-6-205.3(4)(a)(ii) means that:

  (i) the grandfathered bar structure or dining area has been altered or reconfigured to:

  (A) extend the length of the existing bar structure to increase its seating capacity; or

  (B) increase the visibility of the storage or dispensing area to restaurant patrons from the dining area.

  (f) "remodels the grandfathered bar structure or dining area" does not:

  (i) preclude making cosmetic changes or enhancements to the existing bar structure such as painting, staining, tiling, or otherwise refinishing the bar structure;

  (ii) preclude locating coolers, sinks, plumbing, cooling or electrical equipment to an existing structure; or

  (iii) preclude utilizing existing space at the existing bar structure to add additional seating.

  (g) Pursuant to 32B-5-303(3), the licensee must first apply for and receive approval from the department for a change of location where alcohol is stored, served, and sold other than what was originally designated in the licensee's application for the license. Thus, any modification of the alcoholic beverage storage, dispensing, or consumption area must first be reviewed and approved by the department to determine whether it is:

  (i) an acceptable use of an existing bar structure or dining area; or

  (ii) a remodel of a "grandfathered bar structure or dining area".