location.
(b) With respect to the establishment of a package agency, the commission mayauthorize a variance 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 package agency inthe community are limited;
(iii) a public hearing is held in the city, town, or county, and where practical in theneighborhood 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 thepackage agency 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 within the geographicboundary of the local authority in which the package agency is to be located;
(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 package agency;and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the package agency is to be located for establishing a package agencyto satisfy the unmet demand described in Subsection (3)(b)(v)(B)(I).
(c) With respect to the establishment of a package agency, the commission may authorizea variance 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 package agency inthe 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 thepackage agency 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 within the geographicboundary of the local authority in which the package agency is to be located;
(II) there is no reasonably viable alternative for satisfying substantial unmet demand
described in Subsection (3)(c)(vi)(B)(I) other than through the establishment of a packageagency; and
(III) there is no reasonably viable alternative location within the geographic boundary ofthe local authority in which the package agency is to be located for establishing a package agencyto satisfy the unmet demand described in Subsection (3)(c)(vi)(B)(I).
(d) With respect to the premises of a package agency issued 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 package agency to the new owner of thepremises if:
(i) (A) the premises previously received a variance reducing the proximity requirement ofSubsection (3)(a)(i); or
(B) the premises received a variance reducing the proximity requirement of Subsection(3)(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 (3)(a)(i) is measured from the nearestentrance of the package agency by following the shortest route of ordinary pedestrian travel to theproperty boundary of the community location.
(4) (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 Subsection (4)(a), "educational facility" includes:
(i) a nursery school;
(ii) an infant day care center; and
(iii) a trade and technical school.
(5) (a) The package agent, under the direction of the department, is responsible forimplementing and enforcing this title and the rules adopted under this title to the extent theyrelate to the conduct of the package agency and its sale of liquor.
(b) A package agent may not be, or construed to be, a state employee nor be otherwiseentitled to any benefits of employment from the state.
(c) A package agent, when selling liquor from a package agency, is considered an agentof the state only to the extent specifically expressed in the package agency agreement.
(6) The commission may prescribe by policy, directive, or rule, consistent with this title,general operational requirements of all package agencies relating to:
(a) physical facilities;
(b) conditions of operation;
(c) hours of operation;
(d) inventory levels;
(e) payment schedules;
(f) methods of payment;
(g) premises security; and
(h) any other matters considered appropriate by the commission.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session