2006 Utah Code - 32A-4-401 — Commission\'s power to grant licenses -- Limitations.

     32A-4-401.   Commission's power to grant licenses -- Limitations.
     (1) (a) For purposes of this part:
     (i) "Banquet" means an event:
     (A) for which there is a contract:
     (I) between any person and a person listed in Subsection (1)(a)(i)(B); and
     (II) under which a person listed in Subsection (1)(a)(i)(B) is required to provide alcoholic beverages at the event;
     (B) held at one or more designated locations approved by the commission in or on the premises of a:
     (I) hotel;
     (II) resort facility;
     (III) sports center; or
     (IV) convention center; and
     (C) at which food and alcoholic beverages may be sold and served.
     (ii) "Convention center" is as defined by the commission by rule.
     (iii) "Hotel" is as defined by the commission by rule.
     (iv) "Resort facility" is as defined by the commission by rule.
     (v) "Room service" means service of alcoholic beverages to a guest room of a:
     (A) hotel; or
     (B) resort facility.
     (vi) "Sports center" is as defined by the commission by rule.
     (b) The commission may issue an on-premise banquet license to any of the following persons for the purpose of allowing the storage, sale, service, and consumption of alcoholic beverages in connection with that person's banquet and room service activities:
     (i) hotel;
     (ii) resort facility;
     (iii) sports center; or
     (iv) convention center.
     (c) This chapter is not intended to prohibit liquor on the premises of a person listed in Subsection (1) to the extent otherwise permitted by this title.
     (2) (a) Subject to this section, the total number of on-premise banquet licenses may not at any time aggregate more than that number determined by dividing the population of the state by 30,000.
     (b) For purposes of this Subsection (2), the population of the state 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) Pursuant to a contract between the host of a banquet and an on-premise banquet licensee:
     (a) the host of a contracted banquet may request an on-premise banquet licensee to provide alcoholic beverages served at a banquet; and
     (b) an on-premise banquet licensee may provide the alcoholic beverages served at a banquet.
     (4) At a banquet, an on-premise banquet licensee may provide:
     (a) a hosted bar; or

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     (b) a cash bar.
     (5) Nothing in this section shall prohibit a qualified on-premise banquet license applicant from applying for a package agency.
     (6) (a) The premises of an on-premise banquet 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 (7).
     (b) The premises of an on-premise banquet 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 (6)(a) and (b) govern unless one of the following exemptions applies:
     (i) with respect to the establishment of an on-premise banquet license within any location, the commission may authorize a variance to reduce the proximity requirements of Subsection (6)(a) or (b) if:
     (A) the local governing authority has granted its written consent to the variance;
     (B) alternative locations for establishing an on-premise banquet 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 on-premise banquet license issued by the commission that undergoes a change of ownership, the commission may waive or vary the proximity requirements of Subsections (6)(a) and (b) in considering whether to grant an on-premise banquet license to the new owner of the premises if:
     (A) the premises previously received a variance reducing the proximity requirements of Subsection (6)(a) or (b); or
     (B) a variance from proximity or distance requirements was otherwise allowed under this title.
     (7) 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.
     (8) (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 (8), "educational facility" includes:
     (i) a nursery school;
     (ii) an infant day care center; and
     (iii) a trade and technical school.

Amended by Chapter 152, 2005 General Session