Except as provided in Subsection (2), the commission may not issue and one or more licensees may not hold an off-premise beer retailer statelicense for the same licensed premises or adjacent licensed premises as a retail licensee, unless the licensed premises:
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
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: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
are separated by a permanent, opaque, floor-to-ceiling wall;
(b)
each have a separate entrance to the licensed premises; and
(c)
each have separate restroom facilities on the licensed premises.
(2)
(a)
The commission may issue and an off-premise beer retailer state licensee may hold more than one type of license for the same licensed premises or adjacent licensed premises, if:
(i)
a manufacturing licensee is located on or adjacent to the licensed premises; and
(ii)
a package agency is located on or adjacent to the licensed premises.
(b)
Notwithstanding Subsection (1), the commission may issue an off-premise beer retailer state license to a hotel or resort.
