(1) An application
for the issuance of any license specified in section 44-3-309 (1) or 44-4-107 (1) shall
not be received or acted upon:
(a) (I) If the application for a license described in section 44-3-309 (1)
concerns a particular location that is the same as or within five hundred feet of a
location for which, within the two years next preceding the date of the application,
the state or a local licensing authority denied an application for the same class of
license for the reason that the reasonable requirements of the neighborhood and
the desires of the adult inhabitants were satisfied by the existing outlets.
(II) Subsection (1)(a)(I) of this section shall not apply to cities in which limited
gaming is permitted pursuant to section 9 of article XVIII of the state constitution.
(III) No licensing authority shall consider an application for any license to sell
fermented malt beverages at retail pursuant to section 44-4-107 (1) if, within one
year before the date of the application, the state or a local licensing authority has
denied an application at the same location for the reason that the reasonable
requirements of the neighborhood or the desires of the inhabitants were satisfied
by the existing outlets.
(b) Until it is established that the applicant is, or will be, entitled to
possession of the premises for which application is made under a lease, rental
agreement, or other arrangement for possession of the premises, or by virtue of
ownership thereof;
(c) For a location in an area where the sale of alcohol beverages as
contemplated is not permitted under the applicable zoning laws of the municipality,
city and county, or county;
(d) (I) If the building in which the alcohol beverages are to be sold pursuant
to a license described in section 44-3-309 (1) is located within five hundred feet of
any public or parochial school or the principal campus of any college, university, or
seminary; except that this subsection (1)(d)(I) does not:
(A) Affect the renewal or reissuance of a license once granted;
(B) Apply to licensed premises located or to be located on land owned by a
municipality;
(C) Apply to an existing licensed premises on land owned by the state;
(D) Apply to a liquor license in effect and actively doing business before the
principal campus was constructed;
(E) Apply to any club located within the principal campus of any college,
university, or seminary that limits its membership to the faculty or staff of the
institution; or
(F) Apply to a campus liquor complex.
(II) The distances referred to in subsection (1)(d)(I) of this section are to be
computed by direct measurement from the nearest property line of the land used
for school purposes to the nearest portion of the building in which liquor is to be
sold, using a route of direct pedestrian access.
(III) The local licensing authority of any city and county, by rule or regulation;
the governing body of any other municipality, by ordinance; and the governing body
of any other county, by resolution, may eliminate or reduce the distance restrictions
imposed by this subsection (1)(d) for any class of license, or may eliminate one or
more types of schools or campuses from the application of any distance restriction
established by or pursuant to this subsection (1)(d).
(IV) In addition to the requirements of section 44-3-312 (2), the local
licensing authority shall consider the evidence and make a specific finding of fact
as to whether the building in which the liquor is to be sold is located within any
distance restrictions established by or pursuant to this section. This finding shall be
subject to judicial review pursuant to section 44-3-802.
(e) (I) If the building in which the fermented malt beverages and wine are to
be sold pursuant to a license under section 44-4-107 (1)(a) is located within five
hundred feet of any public or parochial school or the principal campus of any
college, university, or seminary; except that this subsection (1)(e)(I) does not apply
to:
(A) Licensed premises located or to be located on land owned by a
municipality;
(B) An existing licensed premises on land owned by the state;
(C) A fermented malt beverage and wine retailer that held a valid license and
was actively doing business before the principal campus was constructed;
(D) A club located within the principal campus of any college, university, or
seminary that limits its membership to the faculty or staff of the institution; or
(E) A campus liquor complex.
(II) The distances referred to in subsection (1)(e)(I) of this section are to be
computed by direct measurement from the nearest property line of the land used
for school purposes to the nearest portion of the building in which fermented malt
beverages and wine are to be sold, using a route of direct pedestrian access.
(III) The local licensing authority of any city and county, by rule or regulation;
the governing body of any other municipality, by ordinance; or the governing body
of any other county, by resolution, may:
(A) Eliminate or modify the distance restrictions imposed by this subsection
(1)(e); or
(B) Eliminate one or more types of schools or campuses from the application
of any distance restriction established by or pursuant to this subsection (1)(e).
(IV) In addition to the requirements of section 44-3-312 (2), the local
licensing authority shall consider the evidence and make a specific finding of fact
as to whether the building in which the fermented malt beverages and wine are to
be sold is located within any distance restriction established by or pursuant to this
subsection (1)(e). The finding is subject to judicial review pursuant to section 44-3-802.
(V) This subsection (1)(e) applies to:
(A) Applications for new fermented malt beverage and wine retailer's
licenses under section 44-4-107 (1)(a) submitted on or after March 1, 2023; and
(B) Applications submitted on or after March 1, 2023, under section 44-3-301
(9) by fermented malt beverage and wine retailers licensed under section 44-4-107
(1)(a) to change the permanent location of the fermented malt beverage and wine
retailer's licensed premises.
(2) An application for the issuance of a tavern or retail liquor store license
may be denied under this article 3 if the local licensing authority or the state on
state-owned property determines, pursuant to section 44-3-301 (2)(b), that the
issuance of the license would result in or add to an undue concentration of the
same class of license and, as a result, require the use of additional law enforcement
resources.