32A-3-101 (Repealed 07/01/11) - Commission's power to establish package agencies -- Limitations.

UTAH STATUTES AND CODES

32A-3-101 (Repealed 07/01/11) - Commission's power to establish package agencies -- Limitations.

32A-3-101 (Repealed 07/01/11). Commission's power to establish package agencies-- Limitations.
(1) (a) The commission may, when it considers necessary, create a package agency byentering into a contractual relationship with a person to sell liquor in sealed packages frompremises other than those owned or leased by the state.
(b) The commission shall authorize a person to operate a package agency by issuing acertificate from the commission that designates the person in charge of the agency as a "packageagent" as defined under Section 32A-1-105.
(2) (a) Subject to this Subsection (2), the total number of package agencies may not atany time aggregate more than that number determined by dividing the population of the state by18,000.
(b) For purposes of Subsection (2)(a), population shall be determined by:
(i) the most recent United States decennial or special census; or
(ii) another population determination made by the United States or state governments.
(c) (i) The commission may establish seasonal package agencies established in areas thecommission considers necessary.
(ii) A seasonal package agency shall be for a period of six consecutive months.
(iii) A package agency established for operation during a summer time period is known asa "Seasonal A" package agency. The period of operation for a "Seasonal A" agency shall:
(A) begin on May 1; and
(B) end on October 31.
(iv) A package agency established for operation during a winter time period is known as a"Seasonal B" package agency. The period of operation for a "Seasonal B" agency shall:
(A) begin on November 1; and
(B) end on April 30.
(v) In determining the number of package agencies that the commission may establishunder this section:
(A) a seasonal package agency is counted as 1/2 of one package agency; and
(B) each "Seasonal A" agency shall be paired with a "Seasonal B" agency.
(d) (i) If the location, design, and construction of a hotel may require more than onepackage agency sales location to serve the public convenience, the commission may authorize asingle package agent to sell liquor at as many as three locations within the hotel under onepackage agency if:
(A) the hotel has a minimum of 150 guest rooms; and
(B) all locations under the agency are:
(I) within the same hotel facility; and
(II) on premises that are managed or operated and owned or leased by the package agent.
(ii) A facility other than a hotel may not have more than one sales location under a singlepackage agency.
(3) (a) Except as provided in Subsection (3)(b), (c), or (d), the premises of a packageagency may not be established:
(i) within 600 feet of a community location, as measured by the method described inSubsection (3)(e); or
(ii) within 200 feet of a community location, measured in a straight line from the nearestentrance of the proposed package agency to the nearest property boundary of the community

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.