Utah Code 32B-1-202. Proximity to community location
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(1) As used in this section:
Terms Used In Utah Code 32B-1-202
- Airport lounge: means a business location:(1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and(1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
- Banquet: means an event:
(8)(a) that is a private event or a privately sponsored event;(8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:(8)(b)(i) a hotel;(8)(b)(ii) a resort facility;(8)(b)(iii) a sports center;(8)(b)(iv) a convention center;(8)(b)(v) a performing arts facility;(8)(b)(vi) an arena; or(8)(b)(vii) a restaurant venue;(8)(c) for which there is a contract:(8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and(8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and(8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- Community location: means :
(23)(a) a public or private school as defined in Subsection32B-1-102 (115);(23)(b) a church;(23)(c) a public library;(23)(d) a public playground; or(23)(e) a public park. See Utah Code 32B-1-102- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
(87)(a) a customer;(87)(b) a member;(87)(c) a guest;(87)(d) an attendee of a banquet or event;(87)(e) an individual who receives room service;(87)(f) a resident of a resort; or(87)(g) a hospitality guest, as defined in Section32B-6-1002 , under a hospitality amenity license. See Utah Code 32B-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Restaurant: means a business location:
(110)(a) at which a variety of foods are prepared;(110)(b) at which complete meals are served; and(110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102- State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102- Venue: The geographical location in which a case is tried.
(1)(a) “Designated project area zone” means the area that is:(1)(a)(i) bounded by:(1)(a)(i)(A) South Temple Street;(1)(a)(i)(B) 100 South Street;(1)(a)(i)(C) West Temple Street; and(1)(a)(i)(D) 400 West Street; and(1)(a)(ii) within a project area as defined in Section63N-3-1301 .(1)(b)(1)(b)(i) “Outlet” means:(1)(b)(i)(A) a state store;(1)(b)(i)(B) a package agency; or(1)(b)(i)(C) a retail licensee.(1)(b)(ii) “Outlet” does not include:(1)(b)(ii)(A) an airport lounge licensee; or(1)(b)(ii)(B) a restaurant.(1)(c) “Restaurant” means:(1)(c)(i) a full-service restaurant licensee;(1)(c)(ii) a limited-service restaurant licensee;(1)(c)(iii) a beer-only restaurant licensee; or(1)(c)(iv) a restaurant venue on-premise banquet licensee.(2)(2)(a) Except as otherwise provided in this section or Section32B-1-202.1 , the commission may not issue a license for an outlet if, on the date the commission takes final action to approve or deny the application, there is a community location:(2)(a)(i) within 600 feet of the proposed outlet, as measured from the nearest patron entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location; or(2)(a)(ii) within 200 feet of the proposed outlet, measured in a straight line from the nearest patron entrance of the proposed outlet to the nearest property boundary of the community location.(2)(b) Except as otherwise provided in this section or Section32B-1-202.1 , the commission may not issue a license for a restaurant if, on the date the commission takes final action to approve or deny the application, there is a community location:(2)(b)(i) within 300 feet of the proposed restaurant, as measured from the nearest patron entrance of the proposed restaurant by following the shortest route of ordinary pedestrian travel to the property boundary of the community location; or(2)(b)(ii) within 200 feet of the proposed restaurant, measured in a straight line from the nearest patron entrance of the proposed restaurant to the nearest property boundary of the community location.(3)(3)(a) For an outlet or a restaurant that holds a license on May 9, 2017, and operates under a previously approved variance to one or more proximity requirements in effect before May 9, 2017, subject to the other provisions of this title, that outlet or restaurant, or another outlet or restaurant with the same type of license as that outlet or restaurant, may operate under the previously approved variance regardless of whether:(3)(a)(i) the outlet or restaurant changes ownership;(3)(a)(ii) the property on which the outlet or restaurant is located changes ownership; or(3)(a)(iii) there is a lapse in the use of the property as an outlet or a restaurant with the same type of license, unless during the lapse, the property is used for a different purpose.(3)(b) An outlet or a restaurant that has continuously operated at a location since before January 1, 2007, is considered to have a previously approved variance.(4) An outlet or restaurant that holds a license on May 12, 2020, and operates in accordance with the proximity requirements in effect at the time the commission issued the license or operates under a previously approved variance described in Subsection (3), subject to the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with the same type of license as that outlet or restaurant may operate at the premises regardless of whether:(4)(a) the outlet or restaurant changes ownership;(4)(b) the property on which the outlet or restaurant is located changes ownership; or(4)(c) there is a lapse of one year or less in the use of the property as an outlet or a restaurant with the same type of license, unless during the lapse the property is used for a different purpose.(5)(5)(a) If, after an outlet or a restaurant obtains a license under this title, a person establishes a community location on a property that puts the outlet or restaurant in violation of the proximity requirements in effect at the time the license is issued or a previously approved variance described in Subsection (3), subject to the other provisions of this title, that outlet or restaurant, or an outlet or a restaurant with the same type of license as that outlet or restaurant, may operate at the premises regardless of whether:(5)(a)(i) the outlet or restaurant changes ownership;(5)(a)(ii) the property on which the outlet or restaurant is located changes ownership; or(5)(a)(iii) there is a lapse in the use of the property as an outlet or a restaurant with the same type of license, unless during the lapse the property is used for a different purpose.(5)(b) The provisions of this Subsection (5) apply regardless of when the outlet’s or restaurant’s license is issued.(6) The proximity requirements described in Subsection (2) do not apply if the proposed outlet or proposed restaurant and the community location are located within the boundaries of a designated project area zone.(7) Nothing in this section prevents the commission from considering the proximity of an educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location of an outlet. - Banquet: means an event: