PROXIMITY RESTRICTIONS

Pursuant to 32B-1-202, alcoholic beverage licenses will not be granted within specific proximity measurements to a community location. These restrictions affect the location of state liquor stores, package agencies and all retail licenses (such as restaurants and bars).

  • A "community location" is defined as a church, public or private school, a public park, public playground or a library.
  • Trade or technical schools, infant daycare centers and nursery schools are NOT considered community locations.
  • Restaurants may not be located within 300 feet measured by ordinary pedestrian travel, or 200 feet measured in a straight line.
  • All other outlets may not be located within 600 feet measured by ordinary pedestrian travel, or 200 feet measured in a straight line.

Please note that distances are measured from the nearest patron entrance of the proposed outlet to the property boundary of the community location. Please note that the property boundary of the community location includes all contiguous lands obviously connected to and for the use of the community location (such as parking lots and ball fields).

PREVIOUSLY GRANTED VARIANCES

  • Previously granted variances will be continued if an outlet held a license on or before May 9, 2017, even if there has been a subsequent change in ownership of the property or outlet. The variance will remain in place unless there is a change in license type, or a gap in licensing where the premises is used for different purposes (such as office space).
  • An outlet or a restaurant that has continuously operated at a location since before January 1, 2007 is considered to have a previously approved variance.
  • If a community location was established after an outlet receives a license, the outlet may continue to operate. If there is a subsequent change in ownership of the property or outlet, the variance will remain in place unless there is a change in license type, or a gap in licensing where the premises is used for different purposes (such as office space).

For more information, see the Proximity Laws Notebook.