S.B. 95 Enrolled

UNINCORPORATED COUNTY AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Ron Allen
This act modifies the Alcoholic Beverage Control Act by amending the limitations on the
Alcoholic Beverage Control Commission's power to grant licenses in unincorporated county
areas.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-4-101, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-10-201, as enacted by Chapter 23, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-4-101 is amended to read:
32A-4-101. Commission's power to grant licenses -- Limitations.
(1) Before any restaurant may sell or allow the consumption of liquor on its premises, it
shall first obtain a license from the commission as provided in this part.
(2) The commission may issue restaurant liquor licenses for the purpose of establishing
restaurant liquor outlets at places and in numbers it considers proper for the storage, sale, and
consumption of liquor on premises operated as public restaurants.
(3) Subject to this Subsection (3), the total number of restaurant liquor licenses may not
at any time aggregate more than that number determined by dividing the population of the state
by 4,500. Population shall be determined by the most recent United States decennial or special
census or by any other population determination made by the United States or state governments.
(a) The commission may issue seasonal restaurant liquor licenses established in areas and
for periods it considers necessary. A seasonal restaurant liquor license may not be operated for
a period longer than nine consecutive months subject to the following restrictions:
(i) Licenses issued for operation during summer time periods are known as "Seasonal A"
restaurant licenses. The period of operation for a "Seasonal A" restaurant license may begin as
early as February 1 and may continue until October 31.

(ii) Licenses issued for operation during winter time periods are known as "Seasonal B"
restaurant licenses. The period of operation for a "Seasonal B" restaurant license may begin as early
as September 1 and may continue until May 31.
(iii) In determining the number of restaurant liquor licenses that the commission may issue
under this section, seasonal licenses are counted as [one half] 1/2 of one restaurant liquor license.
Each "Seasonal A" license shall be paired with a "Seasonal B" license and the total number of
months that each combined pair may be issued for operation may not exceed 12 months for each
calendar year.
(b) If the location, design, and construction of a hotel may require more than one restaurant
liquor sales location within the hotel to serve the public convenience, the commission may authorize
the sale of liquor at as many as three restaurant locations within the hotel under one license if the
hotel has a minimum of 150 guest rooms and if all locations under the license are within the same
hotel facility and on premises that are managed or operated and owned or leased by the licensee.
Facilities other than hotels shall have a separate restaurant liquor license for each restaurant where
liquor is sold.
(4) (a) Restaurant liquor licensee premises 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 (5).
(b) Restaurant liquor licensee premises 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.
(c) The restrictions contained in Subsections (4)(a) and (b) govern unless one of the
following exemptions applies:
(i) The commission finds after full investigation that the premises are located within a city
of the third class [or], a town, or the unincorporated area of a county, and compliance with the
distance requirements would result in peculiar and exceptional practical difficulties or exceptional
and undue hardships in the granting of a restaurant liquor license. In that event, the commission

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may, after giving full consideration to all of the attending circumstances, following a public hearing
in the city or town, and where practical in the neighborhood concerned, authorize a variance from
the distance requirements to relieve the difficulties or hardships if the variance may be granted
without substantial detriment to the public good and without substantially impairing the intent and
purpose of this title.
(ii) With respect to the establishment of a restaurant licensee in any location, the commission
may, after giving full consideration to all of the attending circumstances, following a public hearing
in the county, and where practical in the neighborhood concerned, reduce the proximity requirements
in relation to a church if the local governing body of the church in question gives its written
approval.
(iii) Any on-premises beer retailer licensee existing on March 1, 1990, need not comply with
the restrictions contained in Subsections (4)(a) and (b) if it applies for a restaurant liquor license
before January 1, 1991.
(5) 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 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.
(6) 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. For purposes of this Subsection (6), "educational facility" includes nursery
schools, infant day care centers, and trade and technical schools.
Section 2. Section 32A-10-201 is amended to read:
32A-10-201. Commission's power to grant licenses -- Limitations.
(1) Beginning January 1, 1991, 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) a license issued by the local authority, as provided in Section 32A-10-101 , to sell beer

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at retail for on-premise consumption or other written consent of the local authority to sell beer at
retail for on-premise consumption.
(2) 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.
(3) (a) Beginning January 1, 1991, on-premise beer retailer licensee premises 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 (5).
(b) Beginning January 1, 1991, on-premise beer retailer licensee premises 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.
(4) The restrictions of Subsection (3) govern unless one of the following exemptions applies:
(a) The commission finds after full investigation that the premises are located within a city
of the third class [or], a town, or the unincorporated area of a county, and compliance with the
distance requirements would result in peculiar and exceptional practical difficulties or exceptional
and undue hardships in the granting of an on-premise beer retailer license. In that event, the
commission may, after giving full consideration to all of the attending circumstances, following a
public hearing in the city or town, and where practical in the neighborhood concerned, authorize a
variance from the distance requirements to relieve the difficulties or hardships if the variance may
be granted without substantial detriment to the public good and without substantially impairing the
intent and purpose of this title.
(b) With respect to the establishment of an on-premise beer retailer licensee in any location,
the commission may, after giving full consideration to all of the attending circumstances, following
a public hearing in the county, and where practical in the neighborhood concerned, reduce the
proximity requirements in relation to a church if the local governing body of the church in question
gives its written approval.
(c) With respect to any on-premise beer retailer license issued by the commission before July

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1, 1991, to an establishment that undergoes a change in ownership after that date, the commission
may waive the proximity restrictions of Subsection (3) in considering whether to grant an on-premise
retailer beer license to the new owner.
(5) 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 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.
(6) 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. For purposes of this Subsection (6), "educational facility" includes nursery
schools, infant day care centers, and trade and technical schools.

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