H.B. 191 Enrolled

LIQUOR PACKAGE AGENCY CONTRACTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
This act modifies the Alcoholic Beverage Code to modify language regarding certain package
agency agreements to make technical changes. The act appropriates $129,200 from the
Liquor Control Fund for fiscal year 2001-02 to provide a one time adjustment in the
amounts paid certain package agencies.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-3-101, as last amended by Chapter 132, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-3-101 is amended to read:
32A-3-101. Commission's power to establish package agencies -- Limitations.
(1) (a) The commission may, when considered necessary, create package agencies by
entering into contractual relationships with persons to sell liquor in sealed packages from premises
other than those owned or leased by the state. [Authorization]
(b) The commission shall authorize a person to operate a package agency [is made] by [the
issuance of] issuing a certificate from the commission that designates the person in charge of the
agency as a "package agent" as defined under Section 32A-1-105 .
(2) (a) Subject to this [subsection] Subsection (2), the total number of package agencies
may not at any time aggregate more than that number determined by dividing the population of the
state by 18,000. [Population]
(b) For purposes of Subsection (2)(a), population shall be determined by:
(i) the most recent United States decennial or special census; or [by]
(ii) any other population determination made by the United States or state governments.
[(a)] (c) The commission may establish seasonal package agencies established in areas and
for periods it considers necessary. A seasonal package agency may not be operated for a period
longer than nine consecutive months subject to the [following] restrictions[:] stated in Subsections

(2)(c)(i) through (iii).
(i) [Package agencies] A package agency established for operation during a summer time
[periods are] period is known as a "Seasonal A" package [agencies] agency. The period of operation
for a "Seasonal A" agency may begin as early as February 1 and may continue until October 31.
(ii) [Package agencies] A package agency established for operation during a winter time
[periods are] period is known as a "Seasonal B" package [agencies] agency. The period of operation
for a "Seasonal B" agency may begin as early as September 1 and may continue until May 31.
(iii) In determining the number of package agencies that the commission may establish under
this section[,]:
(A) a seasonal package [agencies are] agency is counted as one half of one package agency[.
Each];
(B) each "Seasonal A" agency shall be paired with a "Seasonal B" agency; and
(C) the total number of months that each combined pair may be established for operation
may not exceed 12 months for each calendar year.
[(b)] (d) (i) If the location, design, and construction of a hotel may require more than one
package agency sales location to serve the public convenience, the commission may authorize a
single package agent to sell liquor at as many as three locations within the hotel under one package
agency if:
(A) the hotel has a minimum of 150 guest rooms; and [if]
(B) all locations under the agency are:
(I) within the same hotel facility; and
(II) on premises that are managed or operated and owned or leased by the package agent.
(ii) Facilities other than hotels may not have more than one sales location under a single
package agency.
(3) (a) [A] As measured by the method in Subsection (4), a package agency may not be
established within 600 feet of any:
(i) public or private school[,];
(ii) church[,];

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(iii) public library[,];
(iv) public playground[,]; or
(v) park[, as measured by the method in Subsection (4)].
(b) A package agency 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 package agency to the nearest property boundary of the public or private
school, church, public library, public playground, or park.
(c) The restrictions contained in Subsections (3)(a) and (b) govern unless [one of the
following exemptions] Subsection (3)(c)(i) or (ii) applies[:].
(i) [The] If the commission finds after full investigation that the premises are located within
a city of the third class or a town, and compliance with the distance requirements would result in
peculiar and exceptional practical difficulties or exceptional and undue hardships in the
establishment of a package agency[. In that event], the commission may[,] authorize a variance from
the distance requirement to relieve the difficulties or hardships:
(A) after giving full consideration to all of the attending circumstances[,];
(B) following a public hearing in:
(I) the city or town[,] concerned; and
(II) where practical, in the neighborhood concerned[, authorize a variance from the distance
requirements to relieve the difficulties or hardships]; and
(C) if the variance may be granted without:
(I) substantial detriment to the public good; and [without]
(II) substantially impairing the intent and purpose of this title.
(ii) With respect to the establishment of a package agency in any location, the commission
may[,] reduce the proximity requirements in relation to a church:
(A) after giving full consideration to all of the attending circumstances[,];
(B) following a public hearing in:
(I) the county[,] concerned; and
(II) where practical, in the neighborhood concerned[, reduce the proximity requirements in

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relation to a church]; and
(C) if the local governing body of the church in question gives its written approval.
(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 package agency by
following the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel
along public thoroughfares, whichever is the closer, 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)(a), "educational facility" includes:
(i) a nursery [schools,] school;
(ii) an infant day care [centers,] center; and
(iii) a trade and technical [schools] school.
(6) (a) The package agent, under the direction of the department, shall be responsible for
implementing and enforcing this title and the rules adopted under this title to the extent they relate
to the conduct of the agency and its sale of liquor.
(b) A package agent may not be, or construed to be, a state employee nor be otherwise
entitled to any benefits of employment from the state [of Utah].
(c) A package agent, when selling liquor from a package agency, is considered an agent of
the state [of Utah] only to the extent specifically expressed in the package agency agreement.
(7) The commission may prescribe by policy, directive, or rule, consistent with this title,
general operational requirements of all package agencies relating to [the]:
(a) physical facilities[,];
(b) conditions of operation[,];
(c) hours of operation[,];
(d) inventory levels[,];
(e) payment schedules[,];

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(f) methods of payment[,];
(g) premises security[,]; and
(h) any other matters considered appropriate by the commission.
Section 2. Appropriation.
There is appropriated for fiscal year 2001-02 $129,200 from the Liquor Control Fund, created
in Section 32A-1-113 , to fund an increase of 11.57% in the amount paid each level of a Type 3
liquor package agency, as defined by the Alcoholic Beverage Control Commission, under a contract
entered into in accordance with Title 32A, Chapter 3, Package Agencies.

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