Before any restaurant may sell or allow the consumption of beer or liquor on its premises, it shall first obtain a restaurant liquor license from Layton City.
If the restaurant serves only beer it shall still be subject to state and City regulations regarding restaurant liquor licenses, except that the state restaurant liquor licenses need not be obtained.
Layton City may issue restaurant liquor licenses for the purpose of establishing restaurant liquor outlets at places and in numbers it considers proper for the storage, sale, and consumption of liquor on premises operated as public restaurants.
(1) Restaurant liquor licensee premises may not be established within six hundred feet (600') of any public or private school, church, public library, public playground, school playground, or park as measured from the nearest entrance of the restaurant by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground, or park.
Restaurant liquor licensee premises may not be established within two hundred feet (200') of any public or private school, church, public library, public playground, school playground, or park, measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the above named.
(2) The restrictions contained herein govern unless one of the following exemptions applies:
(a) The Layton City Council finds, after a full investigation by the code enforcement officer, that compliance with distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a restaurant liquor license. In that event, the City Council may, after giving full consideration to all the attending circumstances, following a public hearing authorize a variance from the distance requirements to relieve the difficulties or hardships if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Chapter, and the City's master plan. If such a variance is granted the Council may impose additional restrictions upon a licensee to ensure the purpose of the intended restrictions.
(b) Nothing in this Chapter prevents the Council from considering the proximity of any educational, religious, and recreational facility or any other relevant factor in reaching a decision on a proposed location. For the purposes of this Chapter, educational facility includes nursery schools, infant day care centers, and trade and technical schools.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-18, Amended, 4/17/1997