The DABC unexpectedly decided to forgo adopting an administrative rule interpreting Utah’s “intent to dine” law. As we discussed previously, the Commission was considering three draft rules that were intended to clarify the steps a restaurant licensee must take to confirm a patron’s intent to order food before a server can furnish an alcoholic drink. The Commission decided, however, that each of the proposed rules may result in more confusion for restaurant licensees and patrons alike. Instead, the Commission will leave compliance to the discretion of each licensee. Although no new rule was adopted, a recent article noted that the DABC may issue informal guidelines on how to comply with the “intent to dine” requirement.
