32A-4-101 (Repealed 07/01/11) - Commission's power to grant licenses -- Limitations.
32A-4-101 (Repealed 07/01/11). Commission's power to grant licenses --Limitations.
(1) Before a restaurant may sell or allow the consumption of liquor on its premises, itshall first obtain a license from the commission as provided in this part.
(2) The commission may grant restaurant liquor licenses for the purpose of establishingrestaurant liquor outlets at places and in numbers it considers proper for the storage, sale, andconsumption of liquor on premises operated as public restaurants.
(3) (a) Subject to the other provisions of this Subsection (3) and Subsection32A-4a-201(2), the total number of restaurant liquor licenses may not at any time aggregate morethan that number determined by dividing the population of the state by 5,200.
(b) For purposes of this Subsection (3), population shall be determined by:
(i) the most recent United States decennial or special census; or
(ii) another population determination made by the United States or state governments.
(c) (i) The commission may grant seasonal restaurant liquor licenses established in areasthe commission considers necessary.
(ii) A seasonal restaurant liquor license shall be for a period of six consecutive months.
(iii) A restaurant liquor license granted for operation during a summer time period isknown as a "Seasonal A" restaurant liquor license. The period of operation for a "Seasonal A"restaurant liquor license shall:
(A) begin on May 1; and
(B) end on October 31.
(iv) A restaurant liquor license granted for operation during a winter time period isknown as a "Seasonal B" restaurant liquor license. The period of operation for a "Seasonal B"restaurant liquor license shall:
(A) begin on November 1; and
(B) end on April 30.
(v) In determining the number of restaurant liquor licenses that the commission mayissue under this section:
(A) a seasonal license is counted as one-half of one restaurant liquor license; and
(B) each "Seasonal A" license shall be paired with a "Seasonal B" license.
(d) (i) If the location, design, and construction of a hotel may require more than onerestaurant liquor sales location within the hotel to serve the public convenience, the commissionmay authorize the sale of liquor at as many as three restaurant locations within the hotel underone license if:
(A) the hotel has a minimum of 150 guest rooms; and
(B) all locations under the license are:
(I) within the same hotel facility; and
(II) on premises that are managed or operated and owned or leased by the licensee.
(ii) A facility other than a hotel shall have a separate restaurant liquor license for eachrestaurant where liquor is sold.
(4) (a) Except as otherwise provided in this Subsection (4), the premises of a restaurantliquor license may not be established:
(i) within 600 feet of a community location, as measured by the method in Subsection(4)(f);
(ii) within 200 feet of a community location, measured in a straight line from the nearest
entrance of the proposed outlet to the nearest property boundary of the community location.
(b) With respect to the establishment of a restaurant liquor license, the commission mayauthorize a variance to reduce the proximity requirement of Subsection (4)(a)(i) if:
(i) the local authority grants its written consent to the variance;
(ii) the commission finds that alternative locations for establishing a restaurant liquorlicense in the community are limited;
(iii) a public hearing is held in the city, town, or county, and where practical in theneighborhood concerned;
(iv) after giving full consideration to all of the attending circumstances and the policiesstated in Subsections 32A-1-104(3) and (4), the commission determines that establishing therestaurant liquor license would not be detrimental to the public health, peace, safety, and welfareof the community; and
(v) (A) the community location governing authority gives its written consent to thevariance; or
(B) when written consent is not given by the community location governing authority,the commission finds that the applicant has established that:
(I) there is substantial unmet public demand to consume alcohol in a public settingwithin the geographic boundary of the local authority in which the restaurant is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (4)(b)(v)(B)(I) other than through the establishment of a restaurant liquorlicense; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the restaurant is to be located for establishing a restaurant liquorlicense to satisfy the unmet demand described in Subsection (4)(b)(v)(B)(I).
(c) With respect to the establishment of a restaurant liquor license, the commission mayauthorize a variance that reduces the proximity requirement of Subsection (4)(a)(ii) if:
(i) the community location at issue is:
(A) a public library; or
(B) a public park;
(ii) the local authority grants its written consent to the variance;
(iii) the commission finds that alternative locations for establishing a restaurant liquorlicense in the community are limited;
(iv) a public hearing is held in the city, town, or county, and where practical in theneighborhood concerned;
(v) after giving full consideration to all of the attending circumstances and the policiesstated in Subsections 32A-1-104(3) and (4), the commission determines that establishing therestaurant liquor license would not be detrimental to the public health, peace, safety, and welfareof the community; and
(vi) (A) the community location governing authority gives its written consent to thevariance; or
(B) when written consent is not given by the community location governing authority,the commission finds that the applicant has established that:
(I) there is substantial unmet public demand to consume alcohol in a public settingwithin the geographic boundary of the local authority in which the restaurant is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demand
described in Subsection (4)(c)(vi)(B)(I) other than through the establishment of a restaurantliquor license; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the restaurant is to be located for establishing a restaurant liquorlicense to satisfy the unmet demand described in Subsection (4)(c)(vi)(B)(I).
(d) With respect to the premises of a restaurant liquor license granted by the commissionthat undergoes a change of ownership, the commission may waive or vary the proximityrequirements of Subsection (4)(a) in considering whether to grant a restaurant liquor license tothe new owner of the premises if:
(i) (A) the premises previously received a variance reducing the proximity requirement ofSubsection (4)(a)(i); or
(B) the premises received a variance reducing the proximity requirement of Subsection(4)(a)(ii) on or before May 4, 2008; or
(ii) a variance from proximity requirements was otherwise allowed under this title.
(e) With respect to the premises of a restaurant liquor license granted by the commissionthat undergoes a change of ownership, the commission shall waive or vary the proximityrequirements of Subsection (4)(a) in considering whether to grant a restaurant liquor license tothe new owner of the premises if:
(i) when a restaurant liquor license was granted to a previous owner, the premises metthe proximity requirements of Subsection (4)(a);
(ii) the premises has had a restaurant liquor license at all times since the restaurant liquorlicense described in Subsection (4)(e)(i) was granted without a variance; and
(iii) the community location located within the proximity requirements of Subsection(4)(a) after the day on which the restaurant liquor license described in Subsection (4)(e)(i) wasgranted.
(f) The 600 foot limitation described in Subsection (4)(a)(i) is measured from the nearestentrance of the outlet by following the shortest route of ordinary pedestrian travel to thecommunity location.
(5) (a) Nothing in this section prevents the commission from considering the proximityof any educational, religious, and recreational facility, or any other relevant factor in reaching adecision 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.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session