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[Utah Code Table of Contents]
[TITLE 32a. Table of Contents]
32A-2-101 Commission's power to establish state stores - Limitations.
(1) (a) The commission may establish state stores in numbers and at places, owned or leased by the department, it considers proper for the sale of liquor, by employees of the state, in accordance with this title and the rules made under this title.
(b) Employees of state stores are considered employees of the department and shall meet all qualification requirements for employment outlined in Section 32A-1-111 .
(2) (a) The total number of state stores may not at any time aggregate more than that number determined by dividing the population of the state by 48,000.
(b) For purposes of this Subsection (2), population shall be determined by:
(i) the most recent United States decennial or special census; or
(ii) any other population determination made by the United States or state governments.
(3) (a) A state store may not be established within 600 feet of any public or private school, church, public library, public playground, or park as measured by the method in Subsection (4).
(b) A state store may not be established within 200 feet of any public or private school, church, public library, public playground, or park measured in a straight line from the nearest entrance of the proposed state store to the nearest property boundary of the public or private school, church, public library, public playground, or park.
(c) The restrictions contained in Subsections (3)(a) and (b) govern unless one of the following exceptions applies:
(i) with respect to the establishment of a state store within a city of the third, fourth, or fifth class, a town, or the unincorporated area of a county, the commission may authorize a variance that reduces the proximity requirements of Subsection (3)(a) or (b) if:
(A) alternative locations for establishing a state store in the community are limited;
(B) a public hearing has been held in the city, town, or county, and where practical in the neighborhood concerned; and
(C) after giving full consideration to all of the attending circumstances and the policies stated in Subsections 32A-1-104 (3) and (4), the commission determines that establishing the state store would not be detrimental to the public health, peace, safety, and welfare of the community; or
(ii) with respect to the establishment of a state store in any location, the commission may authorize a variance to reduce the proximity requirements of Subsection (3)(a) or (b) in relation to a church:
(A) if the local governing body of the church in question gives its written consent to the variance;
(B) following a public hearing in the county, and where practical in the neighborhood concerned; and
(C) after giving full consideration to all of the attending circumstances and the policies stated in Subsections 32A-1-104 (3) and (4).
(4) With respect to any public or private school, church, public library, public playground, or park, the 600 foot limitation is measured from the nearest entrance of the state store by following the shortest route of ordinary pedestrian travel to the property boundary of the public or private school, church, public library, public playground, school playground, or park.
(5) (a) Nothing in this section prevents the commission from considering the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location.
(b) For purposes of this Subsection (5), "educational facility" includes:
(i) a nursery school;
(ii) an infant day care center; and
(iii) a trade and technical school.
2003
32A-2-102 State store - Commission and department duties before establishing.
(1) Before a state store may be established by the commission, the department shall conduct an investigation and may hold public hearings for the purpose of gathering information and making recommendations to the commission to assure appropriate service to the general population of the state. This information shall be forwarded to the commission to aid in its determination.
(2) Before establishing any state store, the commission shall:
(a) determine that the local governing authority of the locality where the store will be located has been consulted;
(b) determine that the store complies with all existing zoning ordinances of the locality where the store will be located;
(c) consider the locality within which the proposed state store will be located including, but not limited to:
(i) economic factors such as bid price, lease terms, operating costs, and local taxes;
(ii) physical characteristics such as condition of the premises, space availability, parking, common areas, conformance to building and safety codes, delivery access, and expandability; and
(iii) operational factors such as tourist traffic, proximity to and density of other state stores, package agencies, and outlets, access to the public, proximity to residential communities, demographics, population to be served, the nature of surrounding establishments, and proximity to educational, religious, and recreational facilities; and
(d) consider any other factor or circumstance it considers
necessary.
1990
32A-2-103 Operational restrictions.
(1) Liquor may not be sold from a state store except in a sealed package. The package may not be opened on the premises of any state store.
(2) (a) An officer, agent, clerk, or employee of a state store may not consume or allow to be consumed by any person any alcoholic beverage on the premises of a state store.
(b) Violation of this Subsection (2) is a class B misdemeanor.
(3) All liquor sold shall be in packages that are properly marked and labeled in accordance with the rules adopted under this title.
(4) Liquor may not be sold except at prices fixed by the commission.
(5) Liquor may not be sold, delivered, or furnished to any:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(6) Sale or delivery of liquor may not be made on or from the premises of any state store, nor may any state store be kept open for the sale of liquor:
(a) on Sunday;
(b) on any state or federal legal holiday;
(c) on any day on which any regular general election, regular primary election, or statewide special election is held;
(d) on any day on which any municipal, special district, or school election is held, but only within the boundaries of the municipality, special district, or school district holding the election and only if the municipality, special district, or school district in which the election is being held notifies the department at least 30 days prior to the date of the election; or
(e) except on days and during hours as the commission may direct by rule or order.
(7) Each state store shall display in a prominent place
in the store a sign in large letters stating: "Warning: Driving
under the influence of alcohol or drugs is a serious crime
that is prosecuted aggressively in Utah."
2003
32A-2-104 Delivery of liquor to state stores.
(1) Liquor to be sold from a state store may be lawfully transported from any warehouse authorized by the department to the state store. Transportation may be done by any common carrier or other person authorized by the department to transport the liquor to the state store.
(2) A common carrier or other person, while in or about
any vehicle in which liquor is being transported, may not
open, break, or allow to be opened or broken, any package
containing liquor. A person may not drink, use, or allow
to be drunk or used, any liquor while it is in transit under
this section.
1990
