PROXIMITY RESTRICTIONS
Pursuant to 32B-1-202, alcoholic beverage licenses may 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). The state does not have proximity requirements for off-premise beer retailers. However, the local authority (such as a city or county) may choose to establish proximity restrictions in relation to a community location.
- 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).
Effective May 6, 2026, Utah law allows for restaurants and hotels to obtain a license if the nearby community location is a public park, playground, or library, AND the restaurant or hotels receives consent from the local authority. For the restaurant or hotel to be considered for a variance:
- The establishment must first obtain local consent from the local authority; e.g. local city.
- Before granting local consent, the local authority must hold a public hearing on the request and wait at least 30 days before issuing its consent.
- Once local consent has been granted, the applicant may submit a license application to the Utah Department of Alcoholic Beverage Services.
- The Alcoholic Beverage Services Commission will review the application and determine whether to grant the requested alcohol license with the proximity variance.
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.