32B-6-303 (Effective 07/01/11) - Commission's power to issue limited-service restaurant license.
32B-6-303 (Effective 07/01/11). Commission's power to issue limited-servicerestaurant license.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption ofwine, heavy beer, or beer on its premises as a limited-service restaurant, the person shall firstobtain a limited-service restaurant license from the commission in accordance with this part.
(2) (a) The commission may issue a limited-service restaurant license to establishlimited-service restaurant licensed premises at places and in numbers the commission considersproper for the storage, sale, offer for sale, furnishing, and consumption of wine, heavy beer, orbeer on premises operated as a limited-service restaurant.
(b) A person may not sell, offer for sale, furnish, or allow the consumption of thefollowing on the licensed premises of a limited-service restaurant licensee:
(i) spirituous liquor; or
(ii) a flavored malt beverage.
(3) (a) The commission may not issue a total number of limited-service restaurantlicenses that at any time exceeds the number determined by dividing the population of the stateby 9,300.
(b) The commission may issue a seasonal limited-service restaurant license in accordancewith Section 32B-5-206.
(c) (i) If the location, design, and construction of a hotel may require more than onelimited-service restaurant sales location within the hotel to serve the public convenience, thecommission may authorize the sale of wine, heavy beer, and beer at as many as threelimited-service restaurant locations within the hotel under one limited-service restaurant licenseif:
(A) the hotel has a minimum of 150 guest rooms; and
(B) the locations under the limited-service restaurant license are:
(I) within the same hotel; and
(II) on premises that are managed or operated, and owned or leased by the limited-servicerestaurant licensee.
(ii) A facility other than a hotel shall have a separate limited-service restaurant licensefor each limited-service restaurant where wine, heavy beer, or beer is sold, offered for sale, orfurnished.
(4) (a) Except as provided in Subsection (4)(b), the commission may not issue alimited-service restaurant license for premises that do not meet the proximity requirements ofSection 32B-1-202.
(b) With respect to the premises of a limited-service restaurant license issued by thecommission that undergoes a change of ownership, the commission shall waive or vary theproximity requirements of Subsection 32B-1-202(2) in considering whether to issue alimited-service restaurant license to the new owner of the premises if:
(i) when a limited-service restaurant license was issued to a previous owner, the premisesmet the proximity requirements of Subsection 32B-1-202(2);
(ii) the premises has had a limited-service restaurant license at all times since thelimited-service restaurant license described in Subsection (4)(b)(i) was issued without a variance;and
(iii) the community location was located within the proximity requirements ofSubsection 32B-1-202(2) after the day on which the limited-service restaurant license described
in Subsection (4)(b)(i) was issued.
Enacted by Chapter 276, 2010 General Session