32A-4-401 (Repealed 07/01/11) - Definitions -- Commission's power to grant licenses -- Limitations.
32A-4-401 (Repealed 07/01/11). Definitions -- Commission's power to grant licenses-- Limitations.
(1) (a) For purposes of this part:
(i) "Banquet" means an event:
(A) for which there is a contract:
(I) between any person and a person listed in Subsection (1)(a)(i)(B); and
(II) under which a person listed in Subsection (1)(a)(i)(B) is required to provide analcoholic beverage at the event;
(B) held at one or more designated locations approved by the commission in or on thepremises of a:
(I) hotel;
(II) resort facility;
(III) sports center; or
(IV) convention center; and
(C) at which food and alcoholic beverages may be sold and served.
(ii) "Convention center" is a facility that:
(A) is in total at least 30,000 square feet; and
(B) is otherwise defined as a "convention center" by the commission by rule.
(iii) "Hotel" is as defined by the commission by rule.
(iv) "Resort facility" is as defined by the commission by rule.
(v) "Room service" means service of an alcoholic beverage to a guest room of a:
(A) hotel; or
(B) resort facility.
(vi) "Sports center" is as defined by the commission by rule.
(b) The commission may grant an on-premise banquet license to any of the followingpersons for the purpose of allowing the storage, sale, service, and consumption of an alcoholicbeverage in connection with that person's banquet and room service activities:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center; or
(iv) a convention center.
(c) This chapter does not prohibit an alcoholic beverage on the premises of a personlisted in Subsection (1) to the extent otherwise permitted by this title.
(2) (a) Subject to this section and Subsection 32A-4a-201(2), the total number ofon-premise banquet licenses may not at any time aggregate more than that number determined bydividing the population of the state by 30,000.
(b) For purposes of this Subsection (2), the population of the state shall be determinedby:
(i) the most recent United States decennial or special census; or
(ii) another population determination made by the United States or state governments.
(3) Pursuant to a contract between the host of a banquet and an on-premise banquetlicensee:
(a) the host of a contracted banquet may request an on-premise banquet licensee toprovide an alcoholic beverage served at a banquet; and
(b) an on-premise banquet licensee may provide an alcoholic beverage served at a
banquet.
(4) At a banquet, an on-premise banquet licensee may provide:
(a) a hosted bar; or
(b) a cash bar.
(5) Nothing in this section prohibits a qualified on-premise banquet license applicantfrom applying for a package agency.
(6) (a) Except as provided in Subsection (6)(b), (c), or (d), the premises of an on-premisebanquet license may not be established:
(i) within 600 feet of a community location, as measured by the method in Subsection(6)(e); or
(ii) within 200 feet of a community location, measured in a straight line from the nearestentrance of the proposed outlet to the nearest property boundary of the community location.
(b) With respect to the establishment of an on-premise banquet license, the commissionmay authorize a variance to reduce the proximity requirement of Subsection (6)(a)(i) if:
(i) the local authority grants its written consent to the variance;
(ii) the commission finds that alternative locations for establishing an on-premisebanquet license in the community are limited;
(iii) the variance is authorized after a public hearing is held in the city, town, or county,and where practical in the neighborhood 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 thelicense 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 the applicant has established that:
(I) there is substantial unmet public demand to consume alcohol in a public settingwithin the geographic boundary of the local authority in which the on-premise banquet licensepremises is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (6)(b)(v)(B)(I) other than through the establishment of an on-premisebanquet license; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the on-premise banquet license premises is to be located forestablishing an on-premise banquet license to satisfy the unmet demand described in Subsection(6)(b)(v)(B)(I).
(c) With respect to the establishment of an on-premise banquet license, the commissionmay authorize a variance that reduces the proximity requirement of Subsection (6)(a)(ii) if:
(i) the community location at issue is:
(A) a public library; or
(B) a public park;
(ii) the local authority grants its written consent to the variance;
(iii) the commission finds that alternative locations for establishing an on-premisebanquet license in the community are limited;
(iv) a public hearing is held in the city, town, or county, and where practical in theneighborhood concerned;
(v) 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 theon-premise banquet license would not be detrimental to the public health, peace, safety, andwelfare of the community; and
(vi) (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 the applicant has established that:
(I) there is substantial unmet public demand to consume alcohol in a public settingwithin the geographic boundary of the local authority in which the on-premise banquet licensepremises is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (6)(c)(vi)(B)(I) other than through the establishment of an on-premisebanquet license; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the on-premise banquet license premises is to be located forestablishing an on-premise banquet license to satisfy the unmet demand described in Subsection(6)(c)(vi)(B)(I).
(d) With respect to the premises of any on-premise banquet license granted by thecommission that undergoes a change of ownership, the commission may waive or vary theproximity requirements of Subsection (6)(a) in considering whether to grant an on-premisebanquet license to the new owner of the premises if:
(i) (A) the premises previously received a variance reducing the proximity requirement ofSubsection (6)(a)(i); or
(B) the premises received a variance reducing the proximity requirement of Subsection(6)(a)(ii) on or before May 4, 2008; or
(ii) a variance from proximity requirements was otherwise allowed under this title.
(e) The 600 foot limitation described in Subsection (6)(a)(i) is measured from the nearestentrance of the outlet by following the shortest route of ordinary pedestrian travel to the propertyboundary of the community location.
(7) (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 (7), "educational facility" includes:
(i) a nursery school;
(ii) an infant day care center; and
(iii) a trade and technical school.
(8) (a) As used in this Subsection (8), "grandfathered facility" means a facility:
(i) for which the commission granted an on-premise banquet license that is in effect onMay 11, 2009, on the basis that the facility is a convention center; and
(ii) that no longer qualifies as a convention center under Subsection (1)(a)(ii) solelybecause it is in total less than 30,000 square feet.
(b) Notwithstanding Subsection (1)(a)(ii), the on-premise banquet license applicable to a
grandfathered facility may be renewed until October 31, 2011, if the on-premise banquet licenseis qualified for the on-premise banquet license except for the requirement of Subsection(1)(a)(ii)(A).
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session