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(1) As used in this section, "hotel" means the same as that term is defined in Section 32B-8b-102.
(2) The commission may issue a hotel license for a proposed location that does not meet the proximity requirements under Section 32B-1-202, if:
(a) the proposed hotel is:
(i) located in a city classified as a city of the first class under Section 10-2-301;
(ii) within 600 feet of two community locations, as measured from the nearest patron entrance of the proposed hotel by following the shortest route of ordinary pedestrian travel to the property boundary of each community location;
(iii) not within 300 feet of a community location, as measured from the nearest patron entrance of the proposed hotel by following the shortest route of ordinary pedestrian travel to the property boundary of the community location; and
(iv) not within 200 feet of a community location, as measured in a straight line from the nearest patron entrance of the proposed hotel to the nearest property boundary of the community location;
(b) the proposed sublicensed premises of a bar establishment sublicense under the hotel license:
(i) is on the second or higher floor of a hotel;
(ii) is not accessible at street level; and
(iii) is only accessible to an individual who passes through another area of the hotel in which the bar establishment sublicense is located; and
(c) the applicant meets all other criteria under this title for the hotel license.
(3) The commission may issue authority to operate as a package agency to a hotel licensee who meets the requirements described in Subsection (2).