9-3-10. Distance restrictions.

(1) Beer retail license premises may not be established within 600 feet of any public or private school, church, public library, public playground, school playground or park except where a variance is obtained from the State Alcoholic Beverage Commission pursuant to Utah Code Annotated 32A-10-201.

(2) The 600-foot limitation is measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along public thoroughfares, whichever is closer to the property boundary of the public or private school, church, public library, public playground, school playground or park. For the purposes of this section, education facility includes nursery schools, infant day care, and trade and technical schools.

(3) Any beer retail premises operating prior to the effective date of this title or any premises for which a beer license has been applied for prior to the effective date of this chapter, is exempt from the distance restrictions of this section so long as said premises complies with the distance restrictions of state law and remains in continuous operation at the same location. (Ord. 02-16, 7/2/02)