32B-6-203 (Effective 07/01/11) - Commission's power to issue full-service restaurant license. - Utah Statutes

32B-6-203 (Effective 07/01/11). Commission's power to issue full-service restaurantlicense.
(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of analcoholic product on its premises as a full-service restaurant, the person shall first obtain afull-service restaurant license from the commission in accordance with this part.
(2) The commission may issue a full-service restaurant license to establish full-servicerestaurant licensed premises at places and in numbers the commission considers proper for thestorage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premisesoperated as a full-service restaurant.
(3) (a) The commission may not issue a total number of full-service restaurant licensesthat at any time exceeds the number determined by dividing the population of the state by 5,200.
(b) The commission may issue a seasonal full-service restaurant license in accordancewith Section 32B-5-206.
(c) (i) If the location, design, and construction of a hotel may require more than onefull-service restaurant sales location within the hotel to serve the public convenience, thecommission may authorize the sale, offer for sale, or furnishing of an alcoholic product at asmany as three full-service restaurant locations within the hotel under one full-service restaurantlicense if:
(A) the hotel has a minimum of 150 guest rooms; and
(B) the locations under the full-service restaurant license are:
(I) within the same hotel; and
(II) on premises that are managed or operated, and owned or leased, by the full-servicerestaurant licensee.
(ii) A facility other than a hotel shall have a separate full-service restaurant license foreach full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.
(4) (a) Except as provided in Subsection (4)(b), the commission may not issue afull-service restaurant license for premises that do not meet the proximity requirements ofSection 32B-1-202.
(b) With respect to the premises of a full-service restaurant license issued by thecommission that undergoes a change of ownership, the commission shall waive or vary theproximity requirements of Subsection 32B-1-202(2) in considering whether to issue a full-servicerestaurant license to the new owner of the premises if:
(i) when a full-service restaurant license was issued to a previous owner, the premisesmet the proximity requirements of Subsection 32B-1-202(2);
(ii) the premises has had a full-service restaurant license at all times since the full-servicerestaurant license described in Subsection (4)(b)(i) was issued without a variance; and
(iii) the community location was located within the proximity requirements ofSubsection 32B-1-202(2) after the day on which the full-service restaurant license described inSubsection (4)(b)(i) was issued.

Enacted by Chapter 276, 2010 General Session