(1) As used in this part:

1. (a)

   1. (i) "Dining area" means an area in the licensed premises of a beer-only restaurant licensee that is primarily used for the service and consumption of food by one or more patrons.
   2. (ii) "Dining area" does not include a dispensing area.

2. (b)

   1. (i) "Dispensing area" means an area in the licensed premises of a beer-only restaurant licensee where a dispensing structure is located and that:

      1. (A) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of beer;
      2. (B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
      3. (C) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure.
   2. (ii) "Dispensing area" does not include any area described in Subsection (1)(b)(i)(B) that is less than 10 feet from an area where beer is dispensed, but from which a patron seated at a table or counter cannot view the dispensing of beer.

3. (c) "Grandfathered bar structure" means a bar structure in a licensed premises of a beer-only restaurant licensee that:

   1. (i) was licensed as an on-premise beer retailer as of August 1, 2011, and as of August 1, 2011:

      1. (A) is operational;
      2. (B) has facilities for the dispensing or storage of an alcoholic product that do not meet the requirements of Subsection 32B-6-905(11)(a)(ii); and
      3. (C) in accordance with Subsection 32B-6-703(2)(e), notifies the department that effective March 1, 2012, the on-premise beer retailer licensee will seek to be licensed as a beer-only restaurant; or
   2. (ii) is a bar structure grandfathered under Section 32B-6-409.
4. (d) "Grandfathered bar structure" does not include a grandfathered bar structure described in Subsection (1)(a) on or after the day on which a restaurant remodels the grandfathered bar structure, as defined by rule made by the commission.

5. (e) "Small beer-only restaurant licensee" means a beer-only restaurant licensee that has a grandfathered bar structure whose dispensing area includes more than 45% of the available seating for patrons on the licensed premises, excluding outdoor seating:

   1. (i) when measured in accordance with Subsection (1)(b)(i)(B); and
   2. (ii) based on the licensee's floor plan on file with the department on July 1, 2017.
6. (f) "Waiting area" includes a lobby.