State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-10 > 32a-10-201-repealed-07-01-1132A-10-201 (Repealed 07/01/11). Commission's power to grant licenses --Limitations.
(1) Before an establishment may sell beer at retail for on-premise consumption, it shallfirst 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 sellbeer at retail for on-premise consumption; or
(ii) other written consent of the local authority to sell beer at retail for on-premiseconsumption.
(2) (a) Subject to the requirements of this section and Subsection 32A-4a-201(2), thecommission may grant on-premise beer retailer licenses for the purpose of establishingon-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 retailerlicenses that are taverns may not at any time aggregate more than that number determined bydividing the population of the state by 30,500.
(c) For purposes of this Subsection (2), the population of the state shall be determinedby:
(i) the most recent United States decennial special census; or
(ii) another population determination made by the United States or state governments.
(d) (i) The commission may issue seasonal licenses for taverns established in areas thecommission 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 asummer 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 granted for operation during a wintertime period is known as a "Seasonal B" on-premise beer retailer license for a tavern. The periodof 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 grant underthis section:
(A) a seasonal on-premise beer retailer license for a tavern is counted as one-half of oneon-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) Except as provided in Subsection (3)(b), (c), or (d), the premises of an on-premisebeer retailer license may not be established:
(i) within 600 feet of a community location, as measured by the method in Subsection(3)(e); or
(ii) within 200 feet of a community location, measured in a straight line from the nearestentrance of the proposed outlet to the nearest property boundary of the community location.
(b) With respect to the establishment of an on-premise beer retailer license, thecommission may authorize a variance to reduce the proximity requirement of Subsection (3)(a)(i)if:
(i) the local authority grants its written consent to the variance;
(ii) the commission finds that alternative locations for establishing an on-premise beerretailer license 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 thelicense would not be detrimental to the public health, peace, safety, and welfare of thecommunity; 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 on-premise beer retailerlicensee is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(b)(v)(B)(I) other than through the establishment of an on-premisebeer retailer license; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the on-premise beer retailer licensee is to be located for establishingan on-premise beer retailer license to satisfy the unmet demand described in Subsection(3)(b)(v)(B)(I).
(c) With respect to the establishment of an on-premise beer retailer license, thecommission may authorize a variance that reduces the proximity requirement of Subsection(3)(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 an on-premise beerretailer license 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 theon-premise beer retailer license would not be detrimental to the public health, peace, safety, andwelfare of 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 on-premise beer retailerlicensee is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(c)(vi)(B)(I) other than through the establishment of an on-premisebeer retailer license; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the on-premise beer retailer licensee is to be located for establishingan on-premise beer retailer license to satisfy the unmet demand described in Subsection(3)(c)(vi)(B)(I).
(d) (i) With respect to an on-premise beer retailer license granted by the commissionbefore July 1, 1991, to an establishment that undergoes a change in ownership after that date, thecommission may waive or vary the proximity requirements of this Subsection (3) in consideringwhether to grant an on-premise retailer beer license to the new owner.
(ii) With respect to the premises of an on-premise beer retailer license granted by thecommission that undergoes a change of ownership, the commission may waive or vary theproximity requirements of Subsection (3)(a) in considering whether to grant an on-premise beerretailer license to the new owner of the premises if:
(A) (I) the premises previously received a variance from the proximity requirement ofSubsection (3)(a)(i); or
(II) the premises received a variance from the proximity requirement of Subsection(3)(a)(ii) on or before May 4, 2008; or
(B) a variance from proximity requirements was otherwise allowed under this title.
(e) The 600 foot limitation described in Subsection (3)(a)(i) is measured from the nearestentrance of the outlet by following the shortest route of ordinary pedestrian travel to the propertyboundary of the community location.
(4) (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 (4), "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
