2006 Utah Code - 32A-2-101 — Commission\'s power to establish state stores -- Limitations.

     32A-2-101.   Commission's power to establish state stores -- Limitations.
     (1) (a) The commission may establish state stores in numbers and at places, owned or leased by the department, it considers proper for the sale of liquor, by employees of the state, in accordance with this title and the rules made under this title.
     (b) Employees of state stores are considered employees of the department and shall meet all qualification requirements for employment outlined in Section 32A-1-111.
     (2) (a) The total number of state stores may not at any time aggregate more than that number determined by dividing the population of the state by 48,000.
     (b) For purposes of this Subsection (2), population shall be determined by:
     (i) the most recent United States decennial or special census; or
     (ii) any other population determination made by the United States or state governments.
     (3) (a) A state store may not be established within 600 feet of any public or private school, church, public library, public playground, or park as measured by the method in Subsection (4).
     (b) A state store may not be established within 200 feet of any public or private school, church, public library, public playground, or park measured in a straight line from the nearest entrance of the proposed state store to the nearest property boundary of the public or private school, church, public library, public playground, or park.
     (c) The restrictions contained in Subsections (3)(a) and (b) govern unless one of the following exceptions applies:
     (i) with respect to the establishment of a state store within a city of the third, fourth, or fifth class, a town, or the unincorporated area of a county, the commission may authorize a variance that reduces the proximity requirements of Subsection (3)(a) or (b) if:
     (A) alternative locations for establishing a state store in the community are limited;
     (B) a public hearing has been held in the city, town, or county, and where practical in the neighborhood concerned; and
     (C) after giving full consideration to all of the attending circumstances and the policies stated in Subsections 32A-1-104(3) and (4), the commission determines that establishing the state store would not be detrimental to the public health, peace, safety, and welfare of the community; or
     (ii) with respect to the establishment of a state store in any location, the commission may authorize a variance to reduce the proximity requirements of Subsection (3)(a) or (b) in relation to a church:
     (A) if the local governing body of the church in question gives its written consent to the variance;
     (B) following a public hearing in the county, and where practical in the neighborhood concerned; and
     (C) after giving full consideration to all of the attending circumstances and the policies stated in Subsections 32A-1-104(3) and (4).
     (4) With respect to any public or private school, church, public library, public playground, or park, the 600 foot limitation is measured from the nearest entrance of the state store by following the shortest route of ordinary pedestrian travel to the property boundary of the public or private school, church, public library, public playground, school playground, or park.
     (5) (a) Nothing in this section prevents the commission from considering the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a

decision on a proposed location.
     (b) For purposes of this Subsection (5), "educational facility" includes:
     (i) a nursery school;
     (ii) an infant day care center; and
     (iii) a trade and technical school.

Amended by Chapter 292, 2003 General Session
Amended by Chapter 314, 2003 General Session