2006 Utah Code - 32A-4-302 — Commission\'s power to grant licenses -- Limitations.

     32A-4-302.   Commission's power to grant licenses -- Limitations.
     (1) A restaurant wanting to sell and allow the consumption of only wine, heavy beer, and beer on its premises, but not spirituous liquor, shall obtain a limited restaurant license from the commission as provided in this part before selling or allowing the consumption of wine, heavy beer, or beer on its premises.
     (2) (a) Subject to the other provisions of this section, the commission may issue limited restaurant licenses for the purpose of establishing limited restaurant outlets at places and in numbers the commission considers proper for the storage, sale, and consumption of wine, heavy beer, and beer on premises operated as public restaurants.
     (b) The total number of limited restaurant licenses issued under this part may not at any time aggregate more than that number determined by dividing the population of the state by 11,000.
     (c) 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) (i) The commission may issue seasonal limited restaurant licenses established in areas the commission considers necessary.
     (ii) A seasonal limited restaurant license shall be for a period of six consecutive months.
     (b) (i) A limited restaurant license issued for operation during a summer time period is known as a "Seasonal A" limited restaurant license. The period of operation for a "Seasonal A" limited restaurant license shall:
     (A) begin on May 1; and
     (B) end on October 31.
     (ii) A limited restaurant license issued for operation during a winter time period is known as a "Seasonal B" limited restaurant license. The period of operation for a "Seasonal B" limited restaurant license shall:
     (A) begin on November 1; and
     (B) end on April 30.
     (iii) In determining the number of limited restaurant licenses that the commission may issue under this section:
     (A) a seasonal limited restaurant license is counted as 1/2 of one limited restaurant license; and
     (B) each "Seasonal A" limited restaurant license shall be paired with a "Seasonal B" limited restaurant license.
     (c) If the location, design, and construction of a hotel may require more than one limited restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale of wine, heavy beer, and beer at as many as three limited restaurant locations within the hotel under one license if:
     (i) the hotel has a minimum of 150 guest rooms; and
     (ii) all locations under the license are:
     (A) within the same hotel facility; and
     (B) on premises that are:
     (I) managed or operated by the licensee; and
     (II) owned or leased by the licensee.
     (d) Facilities other than hotels shall have a separate limited restaurant license for each

restaurant where wine, heavy beer, and beer are sold.
     (4) (a) The premises of a limited restaurant license 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 (5).
     (b) The premises of a limited restaurant license 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 outlet to the nearest property boundary of the public or private school, church, public library, public playground, or park.
     (c) The restrictions contained in Subsections (4)(a) and (b) govern unless one of the following exemptions applies:
     (i) with respect to the establishment of a limited restaurant license in any location, the commission may authorize a variance to reduce the proximity requirements of Subsection (4)(a) or (b) if:
     (A) the local governing authority has granted its written consent to the variance;
     (B) alternative locations for establishing a limited restaurant license 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 license would not be detrimental to the public health, peace, safety, and welfare of the community; or
     (ii) with respect to the premises of any limited restaurant license issued by the commission that undergoes a change of ownership, the commission may waive or vary the proximity requirements of Subsections (4)(a) and (b) in considering whether to grant a limited restaurant license to the new owner of the premises if:
     (A) the premises previously received a variance reducing the proximity requirements of Subsection (4)(a) or (b); or
     (B) a variance from proximity or distance requirement was otherwise allowed under this title.
     (5) 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 outlet 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.
     (6) (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 (6), "educational facility" includes:
     (i) a nursery school;
     (ii) an infant day care center; and
     (iii) a trade and technical school.

Amended by Chapter 162, 2006 General Session