32B-10-305. Change in location request for a public service permit.
(1)
A public service permittee operating at an international airport may request a change in location within the international airport, if the international airport requires the public service permittee to relocate to another location within the international airport.
Terms Used In Utah Code 32B-10-305
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
hospitality room: means a room or facility:
(1)
that a public service permittee operates; and
(2)
in which an alcoholic product is sold, offered for sale, furnished, or consumed. See Utah Code 32B-10-302
International airport: means an airport:
(a)
with a United States Customs and Border Protection office on the premises of the airport; and
(b)
at which international flights may enter and depart. See Utah Code 32B-1-102
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
special use permit: means a special use permit issued under this chapter, including:
To request a change in location, a public service permittee described in Subsection (1) shall, in a manner prescribed by the department, submit to the department:
(a)
a statement of the total number of regularly numbered flights for which the public service permittee plans to use the special use permit;
(b)
a floor plan of any room or facility in which the public service permittee plans to establish a hospitality room;
(c)
evidence of the proximity of each proposed hospitality room to the arrival and departure area used by a person traveling the public service permittee’s airline; and
(d)
any other information the department requires.
(3)
(a)
Before approving a public service permittee’s request to change location at an international airport, the commission shall:
(i)
determine that the public service permittee filed a complete change in location request, as described in Subsection (2);
(ii)
determine that the public service permittee is in compliance with this chapter and part;
(iii)
consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished, including:
(A)
the conditions of the premises;
(B)
public visibility; and
(C)
safety considerations; and
(iv)
consider any other factor the commission considers necessary.
(b)
The commission may delegate to the department:
(i)
the authority to approve a change in location for a public service permittee at an international airport; and
Upon commission approval of the public service permittee’s request to change location, the public service permittee shall move to the newly approved location within the international airport.
