Utah Code 32B-2-502. Commission and department duties before establishing a state store

(1)

Terms Used In Utah Code 32B-2-502

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
Local authority: means :

(a)	for premises that are located in an unincorporated area of a county, the governing body of a county;

(b)	for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or

(c)

for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. 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

State store: means a facility for the sale of packaged liquor:

(i)	located on premises owned or leased by the state; and

(ii)	operated by a state employee. See Utah Code 32B-1-102 Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(a)	Before the commission may establish a state store, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission to assure appropriate service to the general population of the state.

(b)	The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission’s determination.

(2)

Before establishing a state store, the commission shall:

(a)	determine that the local authority of the locality where the state store will be located is consulted;

(b)	determine that the state store complies with the zoning ordinances of the locality where the state store will be located;

(c)

consider the locality within which the proposed state store will be located including:

(i)

economic factors, such as:

(A)	bid price;

(B)	lease terms;

(C)	operating costs; and

(D)	local taxes;

(ii)

physical characteristics, such as:

(A)	condition of the premises;

(B)	space availability;

(C)

parking;

(D)	common areas;

(E)	conformance to building and safety codes;

(F)	delivery access; and

(G)	expandability; and

(iii)

operational factors, such as:

(A)	tourist traffic;

(B)	access to the public;

(C)	demographics;

(D)	population to be served;

(E)	the nature of surrounding establishments;

(F)	proximity to and density of other state stores, package agencies, and retail licensees;

(G)	proximity to residential communities; and

(H)	proximity to educational, religious, and recreational facilities; and

(d)	consider any other factor the commission considers necessary.

Enacted by Chapter 276, 2010 General Session

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