32A-10-101 (Repealed 07/01/11) - State and local licensing -- Limitations.
32A-10-101 (Repealed 07/01/11). State and local licensing -- Limitations.
(1) A local authority may:
(a) tax or prohibit any retail sale of beer;
(b) issue, suspend, and revoke licenses to sell beer at retail for on-premise consumption;
(c) issue, suspend, and revoke temporary permits or licenses to sell beer for on-premiseconsumption at temporary special events that do not last longer than 30 days;
(d) issue, suspend, and revoke licenses to businesses to sell beer at retail for off-premiseconsumption;
(e) establish proximity restrictions for establishing premises where beer is sold at retailfor off-premise consumption in relation to any community location; and
(f) otherwise regulate the retail sale of beer for off-premise consumption subject to therequirements of Sections 32A-10-102 and 32A-10-103.
(2) The commission shall issue a license to sell beer at retail for on-premise consumptionas provided in Part 2, On-Premise Beer Retailer Licenses.
(3) A licensee issued a license for on-premise consumption, by the commission underSubsection (2) or by the local authority under Subsection (1), is subject to the operationalrestrictions provided in Section 32A-10-206, except as otherwise provided.
(4) Suspension or revocation of an on-premise beer retailer license issued by thecommission under Subsection (2) or an on-premise beer retailer license issued by a localauthority under Subsection (1) prohibits the establishment whose license is suspended or revokedfrom continuing to operate under the other state or local license it may have.
(5) The commission shall issue temporary permits to sell beer at retail for on-premiseconsumption at temporary special events that do not last longer than 30 days as provided in Part3, Temporary Special Event Beer Permits.
(6) A permittee issued a temporary permit by the commission under Subsection (5) or bythe local authority under Subsection (1), is subject to the operational restrictions provided inSection 32A-10-306, except as otherwise provided.
(7) Suspension or revocation of a temporary permit issued by the commission underSubsection (5) or by a local authority under Subsection (1) prohibits the permittee whose permitis suspended or revoked from continuing to operate under the other state or local permit thepermittee may have.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session