2006 Utah Code - 32A-3-101 — Commission\'s power to establish package agencies -- Limitations.

     32A-3-101.   Commission's power to establish package agencies -- Limitations.
     (1) (a) The commission may, when considered necessary, create package agencies by entering into contractual relationships with persons to sell liquor in sealed packages from premises other than those owned or leased by the state.
     (b) The commission shall authorize a person to operate a package agency by issuing a certificate from the commission that designates the person in charge of the agency as a "package agent" as defined under Section 32A-1-105.
     (2) (a) Subject to this Subsection (2), the total number of package agencies may not at any time aggregate more than that number determined by dividing the population of the state by 18,000.
     (b) For purposes of Subsection (2)(a), 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.
     (c) (i) The commission may establish seasonal package agencies established in areas the commission considers necessary.
     (ii) A seasonal package agency shall be for a period of six consecutive months.
     (iii) A package agency established for operation during a summer time period is known as a "Seasonal A" package agency. The period of operation for a "Seasonal A" agency shall:
     (A) begin on May 1; and
     (B) end on October 31.
     (iv) A package agency established for operation during a winter time period is known as a "Seasonal B" package agency. The period of operation for a "Seasonal B" agency shall:
     (A) begin on November 1; and
     (B) end on April 30.
     (v) In determining the number of package agencies that the commission may establish under this section:
     (A) a seasonal package agency is counted as 1/2 of one package agency; and
     (B) each "Seasonal A" agency shall be paired with a "Seasonal B" agency.
     (d) (i) If the location, design, and construction of a hotel may require more than one package agency sales location to serve the public convenience, the commission may authorize a single package agent to sell liquor at as many as three locations within the hotel under one package agency if:
     (A) the hotel has a minimum of 150 guest rooms; and
     (B) all locations under the agency are:
     (I) within the same hotel facility; and
     (II) on premises that are managed or operated and owned or leased by the package agent.
     (ii) Facilities other than hotels may not have more than one sales location under a single package agency.
     (3) (a) As measured by the method in Subsection (4), the premises of a package agency may not be established within 600 feet of any public or private school, church, public library, public playground, or park.
     (b) The premises of a package agency 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 package agency to the nearest property boundary of the public or private school, church, public library, public playground, or park.

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     (c) The restrictions contained in Subsections (3)(a) and (b) govern unless one of the following exemptions applies:
     (i) with respect to the establishment of a package agency 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 to reduce the proximity requirements of Subsection (3)(a) or (b) if:
     (A) the local governing authority has granted its written consent to the variance;
     (B) alternative locations for establishing a package agency in the community are limited;
     (C) a public hearing has been held in the city, town, or county, and where practical in the neighborhood concerned; and
     (D) 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 package agency would not be detrimental to the public health, peace, safety, and welfare of the community;
     (ii) with respect to the establishment of a package agency 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 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); or
     (iii) with respect to the premises of a package agency issued by the commission that undergoes a change of ownership, the commission may waive or vary the proximity requirements of Subsection (3)(a) or (b) in considering whether to grant a package agency to the new owner of the premises if:
     (A) the premises previously received a variance reducing the proximity requirements of Subsection (3)(a) or (b); or
     (B) a variance from proximity or distance requirements was otherwise allowed under this title.
     (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 package agency 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 Subsection (5)(a), "educational facility" includes:
     (i) a nursery school;
     (ii) an infant day care center; and
     (iii) a trade and technical school.
     (6) (a) The package agent, under the direction of the department, shall be responsible for implementing and enforcing this title and the rules adopted under this title to the extent they relate to the conduct of the agency and its sale of liquor.

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     (b) A package agent may not be, or construed to be, a state employee nor be otherwise entitled to any benefits of employment from the state.
     (c) A package agent, when selling liquor from a package agency, is considered an agent of the state only to the extent specifically expressed in the package agency agreement.
     (7) The commission may prescribe by policy, directive, or rule, consistent with this title, general operational requirements of all package agencies relating to:
     (a) physical facilities;
     (b) conditions of operation;
     (c) hours of operation;
     (d) inventory levels;
     (e) payment schedules;
     (f) methods of payment;
     (g) premises security; and
     (h) any other matters considered appropriate by the commission.

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