S.B. 95

1

UNINCORPORATED COUNTY AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ron Allen
5 This act modifies the Alcoholic Beverage Control Act by amending the limitations on the
6 Alcoholic Beverage Control Commission's power to grant licenses in unincorporated county
7 areas.
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-10-201, as enacted by Chapter 23, Laws of Utah 1990
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) Subject to this Subsection (3), the total number of restaurant liquor licenses may not
21 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) The commission may issue seasonal restaurant liquor licenses established in areas and
25 for periods it considers necessary. A seasonal restaurant liquor license may not be operated for
26 a period longer than nine consecutive months subject to the following restrictions:
27 (i) Licenses issued for operation during summer time periods are known as "Seasonal A"

28 restaurant licenses. The period of operation for a "Seasonal A" restaurant license may begin as
29 early as February 1 and may continue until October 31.
30 (ii) Licenses issued for operation during winter time periods are known as "Seasonal B"
31 restaurant licenses. The period of operation for a "Seasonal B" restaurant license may begin as
32 early as September 1 and may continue until May 31.
33 (iii) In determining the number of restaurant liquor licenses that the commission may issue
34 under this section, seasonal licenses are counted as [one half] 1/2 of one restaurant liquor license.
35 Each "Seasonal A" license shall be paired with a "Seasonal B" license and the total number of
36 months that each combined pair may be issued for operation may not exceed 12 months for each
37 calendar year.
38 (b) If the location, design, and construction of a hotel may require more than one restaurant
39 liquor sales location within the hotel to serve the public convenience, the commission may
40 authorize the sale of liquor at as many as three restaurant locations within the hotel under one
41 license if the hotel has a minimum of 150 guest rooms and if all locations under the license are
42 within the same hotel facility and on premises that are managed or operated and owned or leased
43 by the licensee. Facilities other than hotels shall have a separate restaurant liquor license for each
44 restaurant where liquor is sold.
45 (4) (a) Restaurant liquor licensee premises may not be established within 600 feet of any
46 public or private school, church, public library, public playground, or park, as measured by the
47 method in Subsection (5).
48 (b) Restaurant liquor licensee premises may not be established within 200 feet of any
49 public or private school, church, public library, public playground, or park, measured in a straight
50 line from the nearest entrance of the proposed outlet to the nearest property boundary of the public
51 or private school, church, public library, public playground, or park.
52 (c) The restrictions contained in Subsections (4)(a) and (b) govern unless one of the
53 following exemptions applies:
54 (i) The commission finds after full investigation that the premises are located within a city
55 of the third class [or], a town, or the unincorporated area of a county, and compliance with the
56 distance requirements would result in peculiar and exceptional practical difficulties or exceptional
57 and undue hardships in the granting of a restaurant liquor license. In that event, the commission
58 may, after giving full consideration to all of the attending circumstances, following a public

59 hearing in the city or town, and where practical in the neighborhood concerned, authorize a
60 variance from the distance requirements to relieve the difficulties or hardships if the variance may
61 be granted without substantial detriment to the public good and without substantially impairing
62 the intent and purpose of this title.
63 (ii) With respect to the establishment of a restaurant licensee in any location, the
64 commission may, after giving full consideration to all of the attending circumstances, following
65 a public hearing in the county, and where practical in the neighborhood concerned, reduce the
66 proximity requirements in relation to a church if the local governing body of the church in question
67 gives its written approval.
68 (iii) Any on-premises beer retailer licensee existing on March 1, 1990, need not comply
69 with the restrictions contained in Subsections (4)(a) and (b) if it applies for a restaurant liquor
70 license before January 1, 1991.
71 (5) With respect to any public or private school, church, public library, public playground,
72 or park, the 600 foot limitation is measured from the nearest entrance of the outlet by following
73 the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along
74 public thoroughfares, whichever is the closer, to the property boundary of the public or private
75 school, church, public library, public playground, school playground, or park.
76 (6) Nothing in this section prevents the commission from considering the proximity of any
77 educational, religious, and recreational facility, or any other relevant factor in reaching a decision
78 on a proposed location. For purposes of this Subsection (6), "educational facility" includes nursery
79 schools, infant day care centers, and trade and technical schools.
80 Section 2. Section 32A-10-201 is amended to read:
81 32A-10-201. Commission's power to grant licenses -- Limitations.
82 (1) Beginning January 1, 1991, before any establishment may sell beer at retail for
83 on-premise consumption, it shall first obtain:
84 (a) an on-premise beer retailer license from the commission as provided in this part; and
85 (b) a license issued by the local authority, as provided in Section 32A-10-101 , to sell beer
86 at retail for on-premise consumption or other written consent of the local authority to sell beer at
87 retail for on-premise consumption.
88 (2) The commission may issue on-premise beer retailer licenses for the purpose of
89 establishing on-premise beer retailer outlets at places and in numbers as it considers proper for the

90 storage, sale, and consumption of beer on premises operated as on-premise beer retailer outlets.
91 (3) (a) Beginning January 1, 1991, on-premise beer retailer licensee premises may not be
92 established within 600 feet of any public or private school, church, public library, public
93 playground, or park, as measured by the method in Subsection (5).
94 (b) Beginning January 1, 1991, on-premise beer retailer licensee premises may not be
95 established within 200 feet of any public or private school, church, public library, public
96 playground, or park, measured in a straight line from the nearest entrance of the proposed outlet
97 to the nearest property boundary of the public or private school, church, public library, public
98 playground, or park.
99 (4) The restrictions of Subsection (3) govern unless one of the following exemptions
100 applies:
101 (a) The commission finds after full investigation that the premises are located within a city
102 of the third class [or], a town, or the unincorporated area of a county, and compliance with the
103 distance requirements would result in peculiar and exceptional practical difficulties or exceptional
104 and undue hardships in the granting of an on-premise beer retailer license. In that event, the
105 commission may, after giving full consideration to all of the attending circumstances, following
106 a public hearing in the city or town, and where practical in the neighborhood concerned, authorize
107 a variance from the distance requirements to relieve the difficulties or hardships if the variance
108 may be granted without substantial detriment to the public good and without substantially
109 impairing the intent and purpose of this title.
110 (b) With respect to the establishment of an on-premise beer retailer licensee in any
111 location, the commission may, after giving full consideration to all of the attending circumstances,
112 following a public hearing in the county, and where practical in the neighborhood concerned,
113 reduce the proximity requirements in relation to a church if the local governing body of the church
114 in question gives its written approval.
115 (c) With respect to any on-premise beer retailer license issued by the commission before
116 July 1, 1991, to an establishment that undergoes a change in ownership after that date, the
117 commission may waive the proximity restrictions of Subsection (3) in considering whether to grant
118 an on-premise retailer beer license to the new owner.
119 (5) With respect to any public or private school, church, public library, public playground,
120 or park, the 600 foot limitation is measured from the nearest entrance of the outlet by following

121 the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along
122 public thoroughfares, whichever is the closer, to the property boundary of the public or private
123 school, church, public library, public playground, school playground or park.
124 (6) Nothing in this section prevents the commission from considering the proximity of any
125 educational, religious, and recreational facility, or any other relevant factor in reaching a decision
126 on a proposed location. For purposes of this Subsection (6), "educational facility" includes
127 nursery schools, infant day care centers, and trade and technical schools.




Legislative Review Note
as of 12-19-01 9:12 AM

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

Office of Legislative Research and General Counsel