32B-1-202.1. Proximity for certain hotel and arena licensees.
(1)
As used in this section, “hotel” means the same as that term is defined in Section 32B-8b-102.
Terms Used In Utah Code 32B-1-202.1
Arena: means an enclosed building:
(a)
that is managed by:
(i)
the same person who owns the enclosed building;
(ii)
a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
(iii)
a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
Package agency: means a retail liquor location operated:
(a)
under an agreement with the department; and
(b)
by a person:
(i)
other than the state; and
(ii)
who is authorized by the commission in accordance with 6, 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:
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
The commission may issue a hotel license for a proposed location that does not meet the proximity requirements under Section 32B-1-202, if:
(a)
the proposed hotel is:
(i)
located in a city classified as a city of the first class under Section 10-2-301;
(ii)
within 650 feet of two community locations, as measured from the nearest patron entrance of the proposed hotel by following the shortest route of ordinary pedestrian travel to the property boundary of each community location;
(iii)
not within 300 feet of a community location, as measured from the nearest patron entrance of the proposed hotel by following the shortest route of ordinary pedestrian travel to the property boundary of the community location; and
(iv)
not within 200 feet of a community location, as measured in a straight line from the nearest patron entrance of the proposed hotel to the nearest property boundary of the community location;
(b)
the proposed sublicensed premises of a bar establishment sublicense under the hotel license:
(i)
is on the second or higher floor of a hotel;
(ii)
is not accessible at street level; and
(iii)
is only accessible to an individual who passes through another area of the hotel in which the bar establishment sublicense is located; and
(c)
the applicant meets all other criteria under this title for the hotel license.
(3)
The commission may issue authority to operate as a package agency to a hotel licensee who meets the requirements described in Subsection (2).
(4)
(a)
The commission may issue an arena license for a proposed location that does not meet the proximity requirements described in Section 32B-1-202, if, on the day before the day on which the commission issues the license, each proposed sublicense of the arena license:
(i)
operates as an outlet or restaurant; and
(ii)
(A)
operates on the proposed sublicense premises under a variance to one or more proximity requirements in accordance with Section 32B-1-202; or
(B)
has been in operation on the proposed sublicense premises for at least 10 years.
(b)
After the commission issues an arena license in accordance with Subsection (4)(a), the commission may not issue the arena licensee an additional sublicense.
