32A-4a-201 (Repealed 07/01/11) - Commission's power to license a resort -- Limitations.
32A-4a-201 (Repealed 07/01/11). Commission's power to license a resort --Limitations.
(1) (a) The commission may grant to a person a resort license for the purpose of allowingthe storage, sale, service, and consumption of an alcoholic beverage in connection with a resortdesignated in the resort license if the person operates at least four sublicenses under the resortlicense.
(b) A resort license shall:
(i) consist of:
(A) a general resort license; and
(B) the four or more sublicenses; and
(ii) designate the boundary of the resort building.
(c) This chapter does not prohibit an alcoholic beverage on the boundary of the resortbuilding to the extent otherwise permitted by this title.
(d) The commission may not grant a sublicense that is separate from a resort license.
(2) (a) The total number of resort licenses may not at any time aggregate more than four.
(b) The commission may not include a sublicense in determining whether or not the totalnumber of licenses granted under the provisions applicable to the sublicense aggregate more thana number calculated by dividing the population of the state by the number specified in theprovisions applicable to the sublicense.
(c) Notwithstanding Subsection (2)(b), the commission may not grant to a person alicense under the provisions applicable to a sublicense that on May 11, 2009, was not availablebecause the sublicense was included in determining if the total number of licenses granted underthe provisions applicable to the sublicense aggregate more than the number calculated bydividing the population of the state by the number specified in the provisions applicable to thesublicense.
(d) By no later than the November 2009 interim meeting of the Business and LaborInterim Committee, the department shall:
(i) report to the Business and Labor Interim Committee the number and types ofsublicenses under a resort license granted by the commission as of September 30, 2009; and
(ii) recommend legislation to adjust the numbers in the provisions applicable tosublicenses to reflect the number of sublicenses that because of the issuance of a resort licenseare not included in determining whether or not the total number of licenses granted under theprovisions applicable to a sublicense aggregate more than a number calculated by dividing thepopulation of the state by the number specified in the provisions applicable to the sublicense.
(3) (a) Except as provided in Subsection (3)(b), (c), or (d), a resort building may not begranted if the resort building is:
(i) within 600 feet of a community location, as measured by the method in Subsection(3)(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 a resort license, the commission may authorize avariance to reduce the proximity requirement of Subsection (3)(a)(i) if:
(i) the local authority grants its written consent to the variance;
(ii) the commission finds that alternative locations for establishing a resort license in thecommunity 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 theresort license 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 resort building is to belocated;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(b)(v)(B)(I) other than through the establishment of a resort license;and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the resort building is to be located for establishing a resort license tosatisfy the unmet demand described in Subsection (3)(b)(v)(B)(I).
(c) With respect to the establishment of a resort license, 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 local authority grants its written consent to the variance;
(iii) the commission finds that alternative locations for establishing a resort license in thecommunity 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 theresort license would not be detrimental to the public health, peace, safety, and welfare of thecommunity; 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 resort building is to belocated;
(II) there is no reasonably viable alternative for satisfying substantial unmet demanddescribed in Subsection (3)(c)(vi)(B)(I) other than through the establishment of a resort license;and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the resort building is to be located for establishing a resort license to
satisfy the unmet demand described in Subsection (3)(c)(vi)(B)(I).
(d) With respect to a resort building of a resort license granted by the commission thatundergoes a change of ownership, the commission may waive or vary the proximity requirementsof Subsection (3)(a) in considering whether to grant a resort license to the new owner of theresort license if the resort license previously received a variance reducing the proximityrequirement of Subsection (3)(a)(i).
(e) The 600 foot limitation described in Subsection (3)(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.
(4) (a) Nothing in this section prevents the commission from considering the proximityof an educational, religious, or 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.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session