32A-2-101 (Repealed 07/01/11) - Commission's power to establish state stores -- Limitations -- Signage.
32A-2-101 (Repealed 07/01/11). Commission's power to establish state stores --Limitations -- Signage.
(1) (a) The commission may establish state stores in numbers and at places, owned orleased by the department, the commission considers proper for the sale of liquor, by employeesof the state, in accordance with this title and the rules made under this title.
(b) An employee of a state store is considered an employee of the department and shallmeet all qualification requirements for employment in Section 32A-1-111.
(2) (a) The total number of state stores may not at any time aggregate more than thatnumber determined by dividing the population of the state by 48,000.
(b) For purposes of this Subsection (2), population shall be determined by:
(i) the most recent United States decennial or special census; or
(ii) another population determination made by the United States or state governments.
(3) (a) Except as provided in Subsection (3)(b) or (c), a state store may not be established:
(i) within 600 feet of a community location, as measured by the method in Subsection(3)(d); or
(ii) within 200 feet of a community location, measured in a straight line from the nearestentrance of the proposed state store to the nearest property boundary of the community location.
(b) With respect to the establishment of a state store, the commission may authorize avariance that reduces the proximity requirement of Subsection (3)(a)(i) if:
(i) the commission finds that alternative locations for establishing a state store in thecommunity are limited;
(ii) a public hearing is held in the city, town, or county, and where practical in theneighborhood concerned;
(iii) after giving full consideration to all of the attending circumstances and the policiesstated in Subsections 32A-1-104(3) and (4), the commission determines that establishing thestate store would not be detrimental to the public health, peace, safety, and welfare of thecommunity; and
(iv) (A) the community location governing authority gives its written consent to thevariance; or
(B) when written consent is not given by the community location governing authority,the commission finds that:
(I) there is substantial unmet public demand to consume alcohol within the geographicboundary of the local authority in which the state store is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(b)(iv)(B)(I) other than through the establishment of a state store; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the state store is to be located for establishing a state store to satisfythe unmet demand described in Subsection (3)(b)(iv)(B)(I).
(c) With respect to the establishment of a state store, the commission may authorize avariance that reduces the proximity requirement of Subsection (3)(a)(ii) if:
(i) the community location at issue is:
(A) a public library; or
(B) a public park;
(ii) the commission finds that alternative locations for establishing a state store in thecommunity are limited;
(iii) a public hearing is held in the city, town, or county, and where practical in theneighborhood concerned;
(iv) after giving full consideration to all of the attending circumstances and the policiesstated in Subsections 32A-1-104(3) and (4), the commission determines that establishing thestate store would not be detrimental to the public health, peace, safety, and welfare of thecommunity; and
(v) (A) the community location governing authority gives its written consent to thevariance; or
(B) when written consent is not given by the community location governing authority,the commission finds that:
(I) there is substantial unmet public demand to consume alcohol within the geographicboundary of the local authority in which the state store is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(c)(v)(B)(I) other than through the establishment of a state store; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the state store is to be located for establishing a state store to satisfythe unmet demand described in Subsection (3)(c)(v)(B)(I).
(d) The 600 foot limitation described in Subsection (3)(a)(i) is measured from the nearestentrance of the state store by following the shortest route of ordinary pedestrian travel to theproperty boundary of the community location.
(4) (a) Nothing in this section prevents the commission from considering the proximityof any educational, religious, and recreational facility, or any other relevant factor in reaching adecision on a proposed location.
(b) For purposes of this Subsection (4), "educational facility" includes:
(i) a nursery school;
(ii) an infant day care center; and
(iii) a trade and technical school.
(5) (a) The commission shall ensure that signage installed or replaced at or near a statestore, on or after May 11, 2010, complies with Subsection (5)(b) if the signage is:
(i) attached to the exterior of the premises of a state store; or
(ii) not attached to the premises of a state store, but otherwise alerts or directs a person tothe location of a state store.
(b) Signage described in Subsection (5)(a) shall contain the following words in the sizeof lettering required by Subsection (5)(c):
(i) "state"; or
(ii) "State of Utah".
(c) The text described in Subsection (5)(b) shall be in lettering that is equal to or largerthan the size of any text on the same signage that refers to "liquor" or "wine."
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 346, 2010 General Session