2006 Utah Code - 32A-10-201 — Commission\'s power to grant licenses -- Limitations.

     32A-10-201.   Commission's power to grant licenses -- Limitations.
     (1) Before any establishment may sell beer at retail for on-premise consumption, it shall first obtain:
     (a) an on-premise beer retailer license from the commission as provided in this part; and
     (b) (i) a license issued by the local authority, as provided in Section 32A-10-101, to sell beer at retail for on-premise consumption; or
     (ii) other written consent of the local authority to sell beer at retail for on-premise consumption.
     (2) (a) Subject to the requirements of this section, the commission may issue on-premise beer retailer licenses for the purpose of establishing on-premise beer retailer outlets at places and in numbers as it considers proper for the storage, sale, and consumption of beer on premises operated as on-premise beer retailer outlets.
     (b) Notwithstanding Subsection (2)(a), the total number of on-premise beer retailer licenses that are taverns may not at any time aggregate more than that number determined by dividing the population of the state by 25,000.
     (c) For purposes of this Subsection (2), the population of the state shall be determined by:
     (i) the most recent United States decennial special census; or
     (ii) any other population determination made by the United States or state governments.
     (d) (i) The commission may issue seasonal licenses for taverns established in areas the commission considers necessary.
     (ii) A seasonal license for taverns shall be for a period of six consecutive months.
     (iii) An on-premise beer retailer license for a tavern issued for operation during a summer time period is known as a "Seasonal A" on-premise beer retailer license for a tavern. The period of operation for a "Seasonal A" on-premise beer retailer license for a tavern shall:
     (A) begin on May 1; and
     (B) end on October 31.
     (iv) An on-premise beer retailer license for a tavern issued for operation during a winter time period is known as a "Seasonal B" on-premise beer retailer license for a tavern. The period of operation for a "Seasonal B" on-premise beer retailer license for a tavern shall:
     (A) begin on November 1; and
     (B) end on April 30.
     (v) In determining the number of tavern licenses that the commission may issue under this section:
     (A) a seasonal on-premise beer retailer license for a tavern is counted as 1/2 of one on-premise beer retailer license for a tavern; and
     (B) each "Seasonal A" on-premise beer retailer license for a tavern shall be paired with a "Seasonal B" on-premise beer retailer license for a tavern.
     (3) (a) The premises of an on-premise beer retailer 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 (4).
     (b) The premises of an on-premise beer retailer 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.

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     (c) The restrictions of Subsections (3)(a) and (b) govern unless one of the following exemptions applies:
     (i) with respect to the establishment of an on-premise beer retailer license that operates as a tavern 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 an on-premise beer retailer tavern 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;
     (ii) with respect to the establishment of an on-premise beer retailer license that operates as a tavern 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);
     (iii) with respect to the establishment of an on-premise beer retailer license that does not operate as a tavern in any location, the commission may authorize a variance that reduces 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 an on-premise beer retailer license that does not operate as a tavern 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 a license would not be detrimental to the public health, peace, safety, and welfare of the community;
     (iv) with respect to any on-premise beer retailer license issued by the commission before July 1, 1991, to an establishment that undergoes a change in ownership after that date, the commission may waive or vary the proximity requirements of this Subsection (3) in considering whether to grant an on-premise retailer beer license to the new owner; and
     (v) with respect to the premises of an on-premise beer retailer license 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 an on-premise beer retailer license to the new owner of the premises if:
     (A) the premises previously received a variance from 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 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.
     (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 162, 2006 General Session