S.B. 127

1

PROXIMITY REQUIREMENTS FOR
2 RESTAURANT LIQUOR LICENSEES
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Buhler
6 AN ACT RELATING TO ALCOHOLIC BEVERAGES; AMENDING REQUIREMENTS OF
7 RESTAURANT LICENSEES; AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 32A-4-101, as renumbered and amended by Chapter 23, Laws of Utah 1990
11 32A-4-102, as last amended by Chapter 132, Laws of Utah 1991
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 32A-4-101 is amended to read:
14 32A-4-101. Commission's power to grant licenses -- Limitations.
15 (1) Before any restaurant may sell or allow the consumption of liquor on its premises, it
16 shall first obtain a license from the commission as provided in this part.
17 (2) The commission may issue restaurant liquor licenses for the purpose of establishing
18 restaurant liquor outlets at places and in numbers it considers proper for the storage, sale, and
19 consumption of liquor on premises operated as public restaurants.
20 (3) (a) Subject to this Subsection (3), the total number of restaurant liquor licenses may
21 not at any time aggregate more than that number determined by dividing the population of the state
22 by 4,500. Population shall be determined by the most recent United States decennial or special
23 census or by any other population determination made by the United States or state governments.
24 [(a)] (b) The commission may issue seasonal restaurant liquor licenses established in areas
25 and for periods it considers necessary. A seasonal restaurant liquor license may not be operated
26 for a period longer than nine consecutive months subject to the [following] restrictions[:] of
27 Subsections (3)(b)(i) through (iii).

1 (i) Licenses issued for operation during summer time periods are known as "Seasonal A"
2 restaurant licenses. The period of operation for a "Seasonal A" restaurant license may begin as
3 early as February 1 and may continue until October 31.
4 (ii) Licenses issued for operation during winter time periods are known as "Seasonal B"
5 restaurant licenses. The period of operation for a "Seasonal B" restaurant license may begin as
6 early as September 1 and may continue until May 31.
7 (iii) In determining the number of restaurant liquor licenses that the commission may issue
8 under this section, seasonal licenses are counted as one half of one restaurant liquor license. Each
9 "Seasonal A" license shall be paired with a "Seasonal B" license and the total number of months
10 that each combined pair may be issued for operation may not exceed 12 months for each calendar
11 year.
12 [(b)] (c) If the location, design, and construction of a hotel may require more than one
13 restaurant liquor sales location within the hotel to serve the public convenience, the commission
14 may authorize the sale of liquor at as many as three restaurant locations within the hotel under one
15 license if:
16 (i) the hotel has a minimum of 150 guest rooms; and [if]
17 (ii) all locations under the license are:
18 (A) within the same hotel facility; and
19 (B) on premises that are managed or operated and owned or leased by the licensee.
20 (d) Facilities other than hotels shall have a separate restaurant liquor license for each
21 restaurant where liquor is sold.
22 [(4) (a) Restaurant liquor licensee premises may not be established within 600 feet of any
23 public or private school, church, public library, public playground, or park, as measured by the
24 method in Subsection (5).]
25 [(b) Restaurant liquor licensee premises may not be established within 200 feet of any
26 public or private school, church, public library, public playground, or park, measured in a straight
27 line from the nearest entrance of the proposed outlet to the nearest property boundary of the public
28 or private school, church, public library, public playground, or park. ]
29 [(c) The restrictions contained in Subsections (a) and (b) govern unless one of the
30 following exemptions applies:]
31 [(i) The commission finds after full investigation that the premises are located within a city

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1 of the third class or a town, and compliance with the distance requirements would result in peculiar
2 and exceptional practical difficulties or exceptional and undue hardships in the granting of a
3 restaurant liquor license. In that event, the commission may, after giving full consideration to all
4 of the attending circumstances, following a public hearing in the city or town, and where practical
5 in the neighborhood concerned, authorize a variance from the distance requirements to relieve the
6 difficulties or hardships if the variance may be granted without substantial detriment to the public
7 good and without substantially impairing the intent and purpose of this title.]
8 [(ii) With respect to the establishment of a restaurant licensee in any location, the
9 commission may, after giving full consideration to all of the attending circumstances, following
10 a public hearing in the county, and where practical in the neighborhood concerned, reduce the
11 proximity requirements in relation to a church if the local governing body of the church in question
12 gives its written approval.]
13 [(iii) Any on-premises beer retailer licensee existing on March 1, 1990, need not comply
14 with the restrictions contained in Subsections (a) and (b) if it applies for a restaurant liquor license
15 before January 1, 1991.]
16 [(5) With respect to any public or private school, church, public library, public playground,
17 or park, the 600 foot limitation is measured from the nearest entrance of the outlet by following
18 the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along
19 public thoroughfares, whichever is the closer, to the property boundary of the public or private
20 school, church, public library, public playground, school playground, or park.]
21 [(6) Nothing in this section prevents the commission from considering the proximity of
22 any]
23 [educational,]
24 [religious, and]
25 [recreational facility, or]
26 [any other relevant factor in reaching a decision on a proposed location.]
27 [For purposes of this Subsection, "educational facility" includes]
28 [nursery schools,]
29 [infant day care centers, and]
30 [trade and technical schools.]
31 Section 2. Section 32A-4-102 is amended to read:

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1 32A-4-102. Application and renewal requirements.
2 (1) A person seeking a restaurant liquor license under this chapter shall file a written
3 application with the department, in a form prescribed by the department. It shall be accompanied
4 by:
5 (a) a nonrefundable $300 application fee;
6 (b) an initial license fee of $300, which is refundable if a license is not granted;
7 (c) written consent of the local authority;
8 (d) a copy of the applicant's current business license;
9 (e) evidence of general proximity to any [public or private]:
10 (i) school[,];
11 (ii) church[,];
12 (iii) public library[,];
13 (iv) public playground[,]; or
14 (v) park[, and if the proximity is within the 600 foot or 200 foot limitation of Subsections
15 32A-4-101 (4), (5), and (6), the application shall be processed in accordance with those
16 subsections];
17 (f) a bond as specified by Section 32A-4-105;
18 (g) a floor plan of the restaurant, including consumption areas and the area where the
19 applicant proposes to keep, store, and sell liquor;
20 (h) evidence that the restaurant is carrying public liability insurance in an amount and form
21 satisfactory to the department;
22 (i) evidence that the restaurant is carrying dramshop insurance coverage of at least
23 $100,000 per occurrence and $300,000 in the aggregate;
24 (j) a signed consent form stating that the restaurant will permit any authorized
25 representative of the commission, department, council, or any law enforcement officer unrestricted
26 right to enter the restaurant;
27 (k) in the case of a corporate applicant, proper verification evidencing that the person or
28 persons signing the restaurant application are authorized to so act on the corporation's behalf; and
29 (l) any other information the commission or department may require.
30 (2) (a) All restaurant liquor licenses expire on October 31 of each year. [Persons]
31 (b) A person desiring to renew [their] that person's restaurant liquor license shall submit

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1 [a renewal fee of $300 and a completed renewal application] to the department by no later than
2 September 30:
3 (i) a renewal fee of $300; and
4 (ii) a completed renewal application.
5 (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of the
6 license effective on the date the existing license expires.
7 (d) Renewal applications shall be in a form as prescribed by the department.
8 (3) If any restaurant liquor licensee does not immediately notify the department of any
9 change in ownership of the restaurant, or in the case of a Utah corporate owner of any change in
10 the corporate officers or directors, the commission may suspend or revoke that license.




Legislative Review Note
as of 1-15-98 10:12 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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