Thursday, May 26, 2011

A Fly in the Ointment: Applicable Utah Statutes Prohibit a Bar Within the Old Berthana Building

So what the heck's going on with this project?

Here's a followup story on Monday's WCF article, as updated, which discussed "the historic Berthana Building downtown [and purported lynchpin of the planned expansion of the Convention Center]", particularly with respect to this new Copper Club, which is projected to become a new anchor "bar," within the Old Berthana Building.

One of our Gentle Readers points out the fact that there seems to be a "fly in the ointment here."

Specifically, here's what we heard on this subject from a highly respected WCF Source:

"A Lighthouse owner called me and said, 'how can they put a club in there? the ordinance says it's too close to the church ..."

Yikes! Referring to the applicable Utah statutes we find this ( Utah Code Section 32B-1-202. Proximity to community location):
(1) For purposes of this section, "outlet" means: ... (c) a retail licensee....
(2) Except as otherwise provided in this section, the premises of an outlet may not be located:
(a) within 600 feet of a community location, as measured from the nearest entrance of the outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location... or,
(b) within 200 feet of a community location, measured in a straight line from the nearest entrance of the outlet to the nearest property boundary of the community location.
A church is defined as a "community location" per Utah Code Section 32B-1-102; and the downtown Episcopal Church property boundary plainly exists within a few hundred feet of the nearest entrance to the Berthana Building.

Here's the surreal kicker! The Friend of Matt (FOM) promoters (Lynda Huddelston, Nate Harbertson, etc.) purportedly intend to avoid the application of the above state statute by placing the Copper Club entry-way on the far south side of the Berthana Building.

Here's the reality:

The back of the Berthana is not 2 football fields from the church...

So what the heck's going on with this project?


Ozboy said...

Utah statutes are only for the little people.
The mayor and his friends are exempt from such meddlesome rules.

Bob Becker said...

Now this seems like something ready-made for the intrepid reporters of a vigorous and lively Home Town Daily to look into, que no?

blackrulon said...

No. It is not something the S-E will investigate. They are mainly concerned with keeping the image of Godfrey as a mover and shaker intact. Any appeal or variance to the  rule will not be mentioned until the wheels are greased to circumvent the 200 foot rule. Just because Godfrey claims not to be running for reelection does not mean that the paper will begin to take a unbiased look at his policies and decisions. if they weren't curious when the mess began or was ongoing why start when the reign of error is perhaps at a conclusion.

lordfarquad said...

Ha. That rule only applies to real churches, and the temple is several blocks away.

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