UTAH CODE (Last Updated: January 16, 2015) |
Title 32B. Alcoholic Beverage Control Act |
Chapter 6. Specific Retail License Act |
Part 3. Limited-Service Restaurant License |
§ 32B-6-303. Commission's power to issue limited-service restaurant license.
Latest version.
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(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of wine, heavy beer, or beer on its premises as a limited-service restaurant, the person shall first obtain a limited-service restaurant license from the commission in accordance with this part. (3) Subject to Section 32B-1-201: (a) The commission may not issue a total number of limited-service restaurant licenses that at any time exceeds the number determined by dividing the population of the state by 7,493. (b) The commission may issue a seasonal limited-service restaurant license in accordance with Section 32B-5-206. (c) (i) If the location, design, and construction of a hotel may require more than one limited-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale of wine, heavy beer, and beer at as many as three limited-service restaurant locations within the hotel under one limited-service restaurant license if: (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-service restaurant licensee. (ii) A facility other than a hotel shall have a separate limited-service restaurant license for each limited-service restaurant where wine, heavy beer, or beer is sold, offered for sale, or furnished. (4) (a) Except as provided in Subsection (4)(b), the commission may not issue a limited-service restaurant license for premises that do not meet the proximity requirements of Section 32B-1-202. (b) With respect to the premises of a limited-service restaurant license issued by the commission that undergoes a change of ownership, the commission shall waive or vary the proximity requirements of Subsection 32B-1-202(2) in considering whether to issue a limited-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 premises met the proximity requirements of Subsection 32B-1-202(2); (ii) the premises has had a limited-service restaurant license at all times since the limited-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 of Subsection 32B-1-202(2) after the day on which the limited-service restaurant license described in Subsection (4)(b)(i) was issued.
Amended by Chapter 1, 2012 Special Session 4