1. (1) Except as provided in Subsection (2), the commission may not issue and one or more licensees may not hold an off-premise beer retailer state license for the same licensed premises or adjacent licensed premises as a retail licensee, unless the licensed premises:

   1. (a) are separated by a permanent, opaque, floor-to-ceiling wall;
   2. (b) each have a separate entrance to the licensed premises; and
   3. (c) each have separate restroom facilities on the licensed premises.

2. (2)

   1. (a) The commission may issue and an off-premise beer retailer state licensee may hold more than one type of license for the same licensed premises or adjacent licensed premises, if:

      1. (i) a manufacturing licensee is located on or adjacent to the licensed premises; and
      2. (ii) a package agency is located on or adjacent to the licensed premises.
   2. (b) Notwithstanding Subsection (1), the commission may issue an off-premise beer retailer state license to a hotel or resort.

Amended by Chapter 371, 2023 General Session