The text
3-2-1: - State statute adopted#
Except insofar as the application thereof is clearly impracticable or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah Alcoholic Beverage Control Act (Utah Code Annotated title 32A), as amended, are hereby adopted by the city. Any and all violations thereof shall be considered violations of this chapter and each such violation shall subject the violator thereof to penalty provisions under this chapter if proceeded hereunder.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-2: - Application for license and renewal license#
A.
Verified: All applications for alcoholic beverage licenses authorized by this chapter shall be verified and shall be filed with the city recorder. The application must state the applicant's name in full, that he understands and has read and complied with the requirements, and that he possesses the qualifications specified in the Alcoholic Beverage Control Act and this chapter. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.
B.
Subscribed: The application must be subscribed by the applicant who shall state under oath that the facts therein contained are true.
C.
Renewal: All applications for renewal licenses filed by the holders of existing licenses shall be filed with the city recorder at least thirty (30) days prior to the expiration date of the then issued license. Any person who fails to file such application within the time limit shall close his licensed premises on the expiration date of the then issued license and shall keep the premises closed for any and all business for the sale of alcoholic beverages until the date of his new license is issued by the city council.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-3: - Fees#
A.
Annual Regulatory License Fee: In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on the business location of every person engaged in the sale or dispensing of alcoholic beverages an annual regulatory license fee. The amount of the annual regulatory fee will be set by resolution of the city council, according to the license classification.
B.
License Fee to Accompany Application: Applications provided for in this chapter shall be accompanied by the fees provided in this section. The fee shall be returned to the applicant if the application is denied.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-4: - Referral to planning commission#
All applications filed in accordance with the provisions of this chapter shall be referred to the planning commission for inspection and report. The planning commission shall, when possible, within fourteen (14) days after receiving such application make a report to the city council of the general reputation and character of the persons who habitually frequent such place; the nature and kind of business conducted at such place by the applicant, by any other person, or by the applicant at any other place; whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any, at such place; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any school, church, park or library. The planning commission shall also add to such report their recommendation as to whether or not the application should be granted.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-5: - Bond required#
A.
Compliance Bond: No regulatory license required by this chapter shall be granted by the city council until the applicant shall have filed a compliance bond with the city recorder, in an amount to be determined by the city council and established by resolution. The bond shall be made payable to the city, conditioned upon the licensee's faithful compliance with the Alcoholic Beverage Control Act and the ordinances of the city.
B.
Failure to Maintain Valid Bond: If the licensee fails to maintain a valid bond, payable to the city, the alcoholic beverage license shall be immediately suspended until such time as a valid bond is obtained. Failure to obtain a bond within thirty (30) days of notification by the city of the delinquency shall result in the automatic revocation of the city alcoholic beverage license.
C.
Withdrawal of Bond Restricted: No part of the bond may be withdrawn until the alcoholic beverage license has been in effect for a period of at least five (5) years, after which time the city may elect to waive continuance of the bond, if it is determined that the licensee has demonstrated faithful compliance with the laws of the state and the ordinances of the city. Persons who have been granted and maintained a city beer license for at least three (3) years prior to the passage of the ordinance codified in this chapter, and who have subsequently demonstrated faithful compliance with the laws of the state and city ordinances, shall be exempted from the bond requirement unless the license has been allowed to expire.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-6: - Department of health permit#
No license under this chapter shall be issued until the applicant therefor shall have first procured from the applicable health department a permit which shall show that the premises to be licensed is in a sanitary condition and that the equipment used in the storage, distribution or sale of alcoholic beverages complies with all the health regulations of the city and the state.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-7: - Alcohol training and education#
A.
Required: No person shall be granted a license to operate or maintain a trade, profession or calling, the transaction or carrying on of which requires a license, within the city, if such person operates an establishment which, as part of its business, serves alcoholic beverages, as defined in Utah Code Annotated section 32A-1-105(2), to the public for consumption on the premises, unless that person shall show by certificate granted by the Utah Department of Alcoholic Beverage Control, or by adequate proof of the existence of such certificate, that each employee of the business engaging in the serving, selling or furnishing of such alcohol on the premises has completed the alcohol training and education seminar, as required in Utah Code Annotated section 62A-8-403.
B.
New Employees: Every new employee hired after the licensee has been licensed in compliance with subsection A of this section, who is required to complete this seminar, shall complete the seminar within six (6) months of commencing employment. Violation of this section will result in revocation of the license granted, unless compliance is completed within two (2) months of the time that licensee first became aware that such violation occurred.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-8: - Classifications of licenses#
Retail alcoholic beverage licenses shall be of the following kinds, shall carry the following privileges, and shall be known as: Class A beer, Class B beer, Class C beer and liquor consumption, and temporary beer. A.
Class A Beer License: Class A beer retail licenses shall entitle the licensee to sell beer on the premises, in original sealed containers no larger than two (2) liters, for consumption off the premises, in accordance with the ordinances of the city, provided beer is not sold by minors except under the supervision of a person twenty-one (21) years of age or older who is on the premises.
B.
Class B Beer License: Class B beer retail licenses shall entitle the licensee to sell beer in the original containers, and on draft, in containers no larger than two (2) liters, for on-premises consumption; beer in sealed containers no larger than two (2) liters may be sold for consumption off-premises in accordance with the Alcoholic Beverage Control Act, and the ordinances of the city.
C.
Class C Beer and Liquor Consumption License: Class C beer and liquor consumption licenses shall entitle restaurant and private club licensees to sell liquor and beer for consumption on the premises, and to sell beer in sealed containers no larger than two (2) liters, for off-premises consumption, as specifically defined in, and in accordance with the Alcoholic Beverage Control Act.
D.
Temporary Beer License: Temporary beer licenses, for sale or dispensing of beer, may be issued for a period of time not to exceed thirty (30) days, and in accordance with the ordinances of the city.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-9: - Purchase of alcoholic beverages for resale#
It is a Class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any licensee to purchase or acquire, or to have or possess for the purpose of sale or distribution, any alcoholic beverage except that which he shall have lawfully purchased, as defined in the Alcoholic Beverage Control Act.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-10: - Separate license for each place of business; display#
A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Alcoholic Beverage Control Act and the regulations of the Alcoholic Beverage Control Commission.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-11: - License not transferable#
Licenses issued pursuant to this chapter shall not be transferrable, and if revoked by the city council, the fee paid by the licensee to the city for the license shall be forfeited to the city.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-12: - Restrictions#
The following restrictions shall apply to all establishments within the city where alcoholic beverages are sold: A.
Location of Business; Exception; Variance:
1.
No Class B, Class C or temporary alcoholic beverage license shall be granted to a business located within six hundred feet (600') of any public or private school, church, public library, public playground or park, measured from the nearest entrance of the outlet 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; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school, church, public library, public playground, school playground or park.
2.
No Class A alcoholic beverage licenses applied for after the passage date hereof, for sale of beer for off-premises consumption, shall be granted to any business located within six hundred feet (600') of any public or private school or church, measured from the nearest entrance of the outlet 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 or church; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school or church.
3.
If compliance with distance requirements would result in peculiar and exceptional practical difficulties, or exceptional and undue hardships, a variance may be required of the city council. Following a public hearing, a variance may or may not be granted by the city council. Should the city grant a variance for a Class B or C license, final authority regarding state licensure would require approval of the variance by the Alcoholic Beverage Control Commission.
B.
Conduct of Employees and Entertainers: Lewd attire and/or sexually oriented conduct of employees and entertainers, as explicitly defined in Utah Code Annotated section 32A-10-206, subsections 10 and 13, are prohibited. Furthermore, entertainers are prohibited in this city from performing unclothed, or in attire, costume or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
C.
Giving, Selling and Providing Alcoholic Beverages to Specific Persons: It is unlawful for any person to give, sell, or otherwise provide alcoholic beverages for consumption to:
1.
Any person under the age of twenty-one (21) years;
2.
Any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs;
3.
Any person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs; or
4.
Any person who is a known interdicted person.
D.
Business or Premises Where Gasoline Sold: Only a Class A beer license may be granted to any person to sell beer at any business or premises where gasoline for use in motor vehicles is sold.
E.
Hours of Alcoholic Beverage Sales: It shall be unlawful to sell or otherwise furnish or dispose of an alcoholic beverage, whether or not the premises are open to the public, during the following days and hours, according to license classification:
1.
Class A Beer License: Beer may not be sold between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M.
2.
Class B Beer License: Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
3.
Class C Beer and Liquor Consumption License:
a.
Restaurants: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on any other day between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.; and
b.
Private Clubs: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on Sundays and any state or federal legal holiday after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon, or on any other day between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
F.
On-Premises Consumption After Hours: On-premises consumption of alcoholic beverages may continue for one hour past the time sales cease. Anyone having a Class B beer or Class C beer and liquor consumption license, or his agents or employees, shall close the establishment and remove or cause to be removed from the premises all patrons, customers, or individuals not employed on the premises no later than two o'clock (2:00) A.M.
G.
Unlawful for Patrons to Remain on Premises After Closing: It shall be unlawful for any Class B or Class C licensee, or for his agents or employees, to permit any patron, customer, or individual not employed on the premises to remain on such premises after the closing time of two o'clock (2:00) A.M.
H.
Illumination of Premises: Licensed premises shall be kept brightly illuminated at all times while occupied or open for business; no booth, or other type of stall, shall be maintained unless all tables, chairs, and occupants are kept open to full view from the main floor and the entrance of such licensed premises.
I.
Advertising: It shall be unlawful to advertise the sale of alcoholic beverages, except as defined in the Alcoholic Beverage Control Act.
J.
Number of Alcoholic Beverage Licenses: The total number of businesses licensed to sell alcoholic beverages in the city shall not exceed:
1.
An unlimited number of Class A beer licenses.
2.
Four (4) Class B beer licenses.
3.
Four (4) Class C beer and liquor consumption licenses.
K.
Parks and Cemeteries: No alcoholic beverages shall be allowed, sold or consumed on or in city parks and cemeteries.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-13: - Inspection of premises#
A.
Premises Subject to Inspection: All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the city or the Alcoholic Beverage Control Commission, or the State Board of Health, and every licensee shall, at the request of the board of health furnish to it samples of alcoholic beverages which he shall have for sale.
B.
Revocation of License for Violation: Any license granted pursuant to this chapter may be revoked on a finding by the city council that the licensee has had ten (10) days' or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of the city or of the Utah Division of Health and has failed to comply with such health ordinance, rules or regulations.
C.
Closing of Business: The city council may direct the city's law enforcement agency to close down any business licensed under this chapter where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-14: - Disqualification for conviction of crime#
No license shall be granted to any retailer to sell alcoholic beverages within the city if the licensee, a partner, manager, officer, director, managing agent or shareholder with more than twenty percent (20%) stock has been convicted of: A.
A felony under any federal or state law;
B.
Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages; or
C.
Any crime involving moral turpitude;
D.
Nor shall any license to sell alcoholic beverages be granted to anyone who has violated any provision of the ordinances of the city or state relating to intoxicating liquors; nor to any individual less than twenty-one (21) years of age.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-15: - Revocation or suspension#
A.
Violations Related to Operation of Business: The city council may, after a hearing, revoke or suspend any alcoholic beverage license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this chapter or any ordinance of the city whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.
B.
Hearing: A hearing before the city council may be requested by any person:
1.
That is denied or refused an alcoholic beverage license by any officer, agent or employee of the city.
2.
Whose alcoholic beverage license is revoked, restricted, qualified, or limited from that for which it was first issued.
C.
Request for Hearing: The request for hearing must be made in writing to the city recorder and made within thirty (30) days following the date of notice denying, refusing, revoking, qualifying, restricting or revoking the alcoholic beverage license is mailed by the city to the applicant or license holder at his address as it appears on the application or license.
D.
Notification of Hearing: Following receipt of a request for hearing, the city recorder shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention. The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
E.
No More than One Hearing: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this chapter apply to any criminal complaint or proceeding.
(Adopted by Ord. 2001 Code on 1/1/2001)
3-2-16: - Penalty#
A.
Sales Without License: It shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to engage in the business of selling alcoholic beverages at retail without first having procured a license therefor from the city.
B.
Sales After Revocation of License: It shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to sell alcoholic beverages after the revocation of the license issued pursuant to this chapter.
(Adopted by Ord. 2001 Code on 1/1/2001)