CHAPTER 5.10. - USE AND SALE OF ALCOHOLIC BEVERAGES

Part of the Municipal Code of Kamas, UT.

Local law · Updated July 14, 2026 · 813 sections

The text

Sec. 5.10.010. - Authority.#

Kamas City may prohibit, except as provided by law, any person from knowingly possessing any intoxicating alcoholic beverages, and the manufacture, sale, keeping or storing for sale, offering or exposing for sale, importing, carrying, transporting, advertising, distributing, giving away, exchanging, dispensing or serving of intoxicating alcoholic beverages. The authority for this ordinance is derived from U.C.A. § 10-8-42 and the Alcoholic Beverage Control Act of the Utah Code.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.020. - Definitions.#

All words and phrases used in this ordinance shall have the following meanings, unless a different meaning clearly appears from the context:

Alcoholic beverages means beer, wine, and liquor as the terms are defined in this section.

Beer only means an establishment that is issued a license which allows for the storage, sale, service, and consumption of beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the sale of food.

Beer or malt liquor means a product that contains at least 0.5 percent alcohol by volume, but not more than four percent of alcohol by volume or 3.2 percent by weight, and is obtained by fermentation, infusion, or decoction of any malted grain. Such products may or may not contain hops or other vegetable products. "Beer" includes products referred to as light beer or malt liquor.

Brewer means any person or facility engaged in manufacturing beer, heavy beer, or flavored malt beverage.

Church means a building set apart for the purpose of worship, in which religious services are held with which clergy is associated and which is tax exempt under the law of this state.

City means Kamas City.

Club means a dining, equity, fraternal, or social club as defined in the Alcoholic Beverage Control Act of the Utah Code.

Commission means the State of Utah Alcoholic Beverage Control Commission.

Dining club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises that; has a full menu that offers full meals including appetizers, main courses, and desserts; maintain at least 60 percent of their club business from the gross sale of food; have a portion of the premises used for a dining area, and adequate culinary facilities to serve full meals. Dining clubs are open to the public but the club licensee may choose to restrict access to only those who are on a list or pay a fee.

Equity club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises that; only allows members or guests of a member to be admitted to or use the premises; owns, maintains, or operates a substantial recreational facility in conjunction with a club house such as a golf course or a tennis facility; and have bylaws or house rules as regarding membership as defined in the Alcoholic Beverage Control Act of the Utah Code.

Flavored malt beverage means a beverage that contains at least 0.5 percent alcohol by volume, is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer as described in 27 CFR § 25.55 and to which is added a flavor or other ingredient containing alcohol, except for a hop extract; and for which the producer is required to file a formula for approval with United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 CFR § 25.55.

Fraternal club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises where only members or guests of a member are allowed to be admitted to use the premises; the club is organized and operated solely for a social, recreational, patriotic or fraternal purpose; the club has no capital stock; meets the governing requirements outline in the Alcoholic Beverage Control Act of the Utah Code; and the clubs exist solely for: 1.

The benefit of its members and their beneficiaries; and

A lawful social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purpose for the benefit of its members or the public carried on through voluntary activity of its members in their local lodges.

Full-service hotel means a hotel that offers full availability of requisite standardized industry amenities which are not limited to, but including the following: on-premise restaurant, room service, business center, concierge, fitness center, banquet halls, various room type selection such as suites.

Full-service restaurant license means a license that allows for the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is primarily engaged in serving meals to the general public, where patrons may only purchase alcoholic beverages in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the gross sale of food.

Heavy beer means a product that contains more than four percent alcohol by volume and is obtained by fermentation, infusion, or decoction of malted grain.

Licensed premises means a room, house, building, structure of place occupied by any person licensed to sell alcoholic beverages on any premises under this section; provided, that in any multi-roomed establishment, an applicant for a full-service restaurant, limited-service restaurant, club, manufacturer, or beer only license shall designate a room or portion of the building of such business for the sale of alcoholic beverages, which portion so specifically designated in the application and in the license issued pursuant thereto shall be the licensed premises. Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premise.

Licensee means a person granted an off-premise, on-premise banquet, beer only, full-service restaurant, limited-service restaurant, manufacturer, club, or single event license in connection with the operation of a place of business in the city. This term shall also include any employee of the licensee.

Limited-service restaurant means a restaurant that is issued a liquor license which allows for the storage, sale, service, and consumption of wine, beer and heavy beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase wine, beer, and heavy beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the sale of food.

Liquor means alcohol, or an alcoholic, spirituous, vinous, fermented, malt, flavored malt beverage, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contains at least 0.5 percent alcohol by volume and is suitable to use for beverage purposes. "Liquor" does not include any beverage defined as beer.

Manufacture means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

Manufacturer license means a license granted under the Alcoholic Beverage Control Act of the Utah Code which includes a brewer, winery or distillery.

On-premise banquet license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises in connection with a banquet such as a hotel, resort facility, sports center or convention center as defined in the Alcoholic Beverage Control Act of the Utah Code.

Park means a piece of public ground that is set apart for the use of the public, whether developed or undeveloped, and that is usually, or may be, planted with trees, lawns, or other shrubbery. The park may include facilities for sport, entertainment, dancing, recreation, or swimming, or a park may be planned for such future use of any and all other facilities. A park may consist solely of a single purpose facility, either actual or proposed, such as an equestrian park, open air theater, or playground. For purposes of this Section, a golf course is not a park.

Person means an individual, partnership, firm, corporation, limited liability company, association, business trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.

Playground means a public, private or neighborhood area which may or may not include play equipment where children go for physical activity or to play.

Restaurant means a business establishment where a variety of foods are prepared and complete meals are served to the general public, located on premises having adequate culinary fixtures for food preparation and dining accommodations that is engaged primarily in serving meals to the general public; where customers are seated at tables, servers take food orders and serve food at the tables without prepayment, and without service windows or primarily providing takeout orders picked up at a counter.

Retailer means a person engaged in the sale or distribution of an alcoholic beverage to a consumer.

School means a building used primarily for the general education of minors. "School" does not include a nursery school, an infant day care center, or a trade or a technical school.

Sell, sale, or to sell means a transaction, exchange, or barter whereby, for consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by means or under pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this chapter or the rules made by the commission.

Single-event means a convention, civic, or community enterprise conducted by a bona fide corporation, church, political organization, or association or a recognized subordinate lodge, chapter, or other local unit thereof.

State store means a facility for the sale of package liquor located on premises owned or leased by the state and operated by a state employee. "State store" does not apply to a licensee, permittee, or package agencies.

Tavern means a business establishment that is engaged primarily in the retail sale of beer to a public patron for consumption on the establishment's premises. "Tavern" includes beer bar, parlor, lounge, cabaret, and night club if the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in the establishment.

Trail means a linear corridor of property which is planned as part of the Trails Master Plan or recognized as a city facility by the Parks Master Plan, although not classified as a park, and maintained by the city for the purpose of recreation and alternate transportation as a part of the transportation system, thus not destined or intended for use by unaccompanied small children. A trail is not a park for purposes of this chapter.

Wine means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.030. - General restrictions.#

Manufacturer/brewer. A person may not manufacture any alcoholic beverage unless an alcoholic beverage manufacturing license has been issued by the commission. A separate license is required for each place of manufacture, storage, and sale of alcoholic beverages. Whether independent or associated with a restaurant, a brewer or other form of manufacturing requires local consent from the city council.

Before any manufacturer or brewer licensee may manufacture any alcoholic beverage, it shall obtain:

Local consent for a manufacture license from the city; and

ii.

A manufacture license from the commission.

Applicants shall submit an application as per KMC 5.10.060. No more than one manufacturer license shall be issued within Kamas City.

Manufacturer licensee shall comply with all provisions and operational regulations for a manufacturer as established by the Alcoholic Beverage Control Act.

Violation of this section is a Class B misdemeanor.

Single-event. Before any sponsor of a single event may sell or allow the consumption of alcohol on its premises, it shall first obtain a single-event license from the commission and local consent from the city council.

Advertising. It shall be unlawful to advertise the sale of alcoholic beverages in violation of the Utah Alcoholic Beverage Control Act: Permitted signage shall comply with requirements contained in KMC 15.26 of the land use ordinance. There shall be no advertising within the city that in any manner attempts to promote or increase the sale or consumption of alcoholic beverages.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.040. - License to sell alcoholic beverages at retail.#

It shall be a Class B misdemeanor for any person to sell alcohol without first having procured a license from the city and the license fee, including all regulatory fees, as set forth in the Kamas City Fee and Rate Resolution.

It shall be a Class B misdemeanor for any person to sell alcohol after the revocation of the license issued pursuant to this ordinance.

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. It shall be unlawful for any licensee to violate any of the terms of the license.

All licensees shall comply with this ordinance, the Utah Alcoholic Beverage Control Act and the regulations of the commission.

All licenses may require other planning department fees and/or permits.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.050. - Retail licenses—Classification.#

Retail licenses issued under the provisions of this ordinance shall be classified under the following types which shall carry the privileges and responsibilities set forth in this ordinance: off-premise, full-service restaurant, limited-service restaurant, club, on premise banquet, beer only, and single-event.

All licenses of each type shall be numbered numerically commencing with the number one.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.060. - License applications.#

A person seeking an on-premise banquet, beer only, full-service restaurant, limited service restaurant, club, or single-event license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city. The application shall be accompanied by:

The license fee as set forth in the Kamas City Fee and Rate Resolution;

An approved site plan or conditional use permit or a copy of the applicant's business license. It shall be a prerequisite to issuance of an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license that the applicant has received either site plan or conditional use approval or has been granted a business license;

Evidence of proximity to any school, church, public library, public playground or public park;

A floor plan of the premises, including consumption areas and an area where the applicant proposes to keep, store and sell alcoholic beverages;

A signed consent form stating that the premises will permit any authorized representative of the commission, city, city police department or county health department unrestricted right to enter the premises;

A copy of the DRAM shop insurance coverage established by the Alcoholic Beverage Control Act of the Utah Code;

A copy of a cash, corporate or surety bond in the penal amount established by the Alcoholic Beverage Control Act of the Utah Code payable to the Department of Alcoholic Beverage Control; and

Any other information the city may require to accurately evaluate the merits of the application.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.070. - Processing of applications, local consent.#

Each application for an off-premise, on-premise banquet, beer only, full-service restaurant, limited service restaurant, club, manufacturer, or single-event license shall be referred to the business license administrator. Upon receiving the application and the accompanying information, the business license administrator shall submit the request to appropriate city departments for their review and comment. The request shall be reviewed by the city council at a regularly scheduled meeting not more than 45 days after a complete application is received. The council shall take public comment on the request. After review of the request and accompanying information, the council shall vote on whether to grant its consent for the issuance of the license. Notwithstanding the foregoing, an application for a single-event license in conjunction with a regularly conducted festival or event which, in previous years, received single-event license approval from the city, may be approved by the city upon a showing of past compliance with the ordinances, rules and regulations of the city and that the application meets current ordinances, rules and regulations.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license shall not be granted to a business located within 600 feet of any public or private school, church, public library, public playground or public park as measured from the nearest entrance of the outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the public or private school, church, public library, public playground or public park.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license shall not be granted to any applicant for any location situated within 200 feet of any public or private school, church, public library, public playground, or public park, 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, or public park.

The restrictions contained in this section govern unless the city council determines that compliance with the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a license. In that event the city council, may, after giving full consideration of all attending circumstances and after compliance with public notice and public hearing requirements as specified in this section 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 the ordinance.

On-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license applicants wishing to request from the city council a variance from the proximity distance requirement in this section shall comply with the following:

Payment of fee. Any applicant desiring a variance for which a special public hearing is required shall pay a fee set by resolution of the city council before the hearing shall be set or advertised.

Advertising. Notice of a public hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation. The advertisement shall state the date, time, location and reason for the public hearing.

Notice to property owners. Letters of notice of public hearing shall be mailed at least ten days in advance of the public hearing to all persons owning property within 600 feet of the applicant's premises.

Petition. The applicant shall circulate a petition to each person owning property within 600 feet of the applicant's business premises. Such petition shall allow the affected property owners to indicate opposition or lack of opposition to such a license being granted.

Public hearing. After satisfying the fee and notice requirements, the city council shall hold a public hearing to consider the granting of a variance from the distance requirements.

Each person granted a license and the employees, management and personnel of the licensee shall abide by the conditions and requirements provided in the Alcoholic Beverage Control Act of the Utah Code.

In deciding whether to grant or deny a license, the city may also consider the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location.

There shall be no limitation on the number of local consents granted by Kamas City.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.080. - General operational restrictions.#

Each person granted an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license and their employees, management and personnel shall abide by the following conditions and requirements. Failure to comply may result in suspension or revocation of the license or other disciplinary action taken against individual employees or management personnel.

A beer only, full-service restaurant, and limited-service restaurant license shall entitle the licensee to sell alcoholic beverages only with the purchase of food, on the premises described therein, in containers allowed under the Alcoholic Beverage Control Act of the Utah Code. Only bona fide restaurants shall be entitled to full-service, limited-service restaurant, beer only or dining club licenses.

A club, on-premise banquet, or single-event license shall entitle the licensee to sell alcoholic beverages on the premises described therein, for consumption on the licensed premises.

No person under the age of 21 years shall sell or serve alcoholic beverages under a full-service or limited-service restaurant license.

Alcoholic beverages purchased from a restaurant shall not be removed from the restaurant premises except as allowed in accordance with the Alcoholic Beverage Control Act of the Utah Code.

A person shall not bring onto the premises of an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club any liquor or beer, for on-premise consumption. A person may bring bottled wine onto the premises of a full-service restaurant, limited-service restaurant or dining club provided the wine is delivered to a server upon entering the premises. Officers, managers, employees or agents shall not allow a person to bring onto the licensee premises liquor or beer for on-premise consumption or allow consumption of any such liquor or beverage on its premises. If any licensee or any of its officers, managers, employees or agents violates this section the city may immediately suspend or revoke the license.

An employee of a licensee, while on duty, shall not consume an alcoholic beverage or be under the influence of alcoholic beverages.

Each licensee shall display in a prominent place on the premises:

The license issued by the city and the license issued by the commission; and

ii.

A sign in large letters stating: "WARNING, THE CONSUMPTION OF ALCOHOLIC BEVERAGES PURCHASED IN THIS ESTABLISHMENT MAY BE HAZARDOUS TO YOUR HEALTH AND THE SAFETY OF OTHERS."

There shall be no transfer of a license from one location to another.

There shall be no transfer of a license from one entity to another without approval by the city council, except that the city may grant a request to transfer an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license from a current licensee to a proposed licensee who will operate at the same location, so long as the following conditions are met:

The type of alcoholic beverage to be sold is not changed;

ii.

The on-site management staff has not changed;

iii.

There have been no citations for alcohol related offenses issued to either the current licensee or the proposed licensee within the last two years; and

iv.

The proposed licensee's application complies in all respects with all other provisions of this ordinance.

Monetary value of license:

A person having been granted an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club license shall not sell, exchange, barter, give or attempt in any way to dispose of the license whether for monetary gain or not.

ii.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club license has no monetary value for the purpose of any type of disposition.

A person's willingness to serve alcoholic beverages or beer shall not be made a condition of employment as a server with a restaurant that has a full-service restaurant, limited-service restaurant, on-premise banquet, beer only or dining club license.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.090. - Off-premise licenses.#

An off-premise retail license shall entitle the licensee to sell beer on the premises described therein in original containers of a size established in the Alcohol Beverage Control Act of the Utah Code.

It shall be unlawful for an off-premise licensee to permit the consumption of beer on any off-premise licensed premises.

A person seeking an off-premise license to sell beer shall provide a written application on forms provided by the city. The application shall be accompanied by:

The fee for an off-premise license as set forth in the Kamas City Fee and Rate Resolution.

An approved site plan or conditional use permit or a copy of the applicant's business license, it being a prerequisite to issuance of an off-premise license that the applicant has received either site plan or conditional use approval or has been granted a business license;

Evidence of proximity to any school, church, public library, public playground or public park;

A floor plan of the business, including where the applicant proposes to keep, store and sell beer; and

Any other information the city may require to accurately evaluate the merits of the application.

No off-premise license shall be issued to any person where the premises would be located within 200 feet of a school, church, public library, public playground or public park as measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian travel to the property boundary of a public or private school, church, public library, public playground or public park.

An off-premise licensee may sell beer beginning at the hour of 7:00 a.m. and ending at the hour of 1:00 a.m.

Beer may not be sold, delivered, or furnished to any:

Minor;

Person actually, apparently, or obviously under the influence of any intoxicating beverage or controlled substance;

Known habitual drunkard; or

Known interdicted person.

Provisions of this ordinance prohibiting possession of beer by minors shall not apply to persons under 21 years of age who are bona fide employees in off-premise licensed premises while under the supervision of a person 21 years of age or older who is on the premises.

It shall be unlawful for any person licensed to sell beer or for any of his agents or employees to allow intoxicated persons to remain in or about any licensed premises.

Off-premises licensees shall maintain records which shall disclose the gross sale of beer during each and every year. Such records shall be available for inspection and audit as established by the Alcoholic Beverage Control Act of the Utah Code. Failure of a licensee to properly maintain the required records or failure to submit such records for inspection and audit shall be cause for suspension or revocation of an off-premise license.

10.

Each off-premise licensee shall limit beer sales to no more than 20 percent of its total business.

11.

An off-premise licensee shall make every reasonable effort to limit the potential for theft of beer from licensed premises. A clear, unobstructed view of all portions of the interior shall be available at all times from a point within the licensed premises at or near the main public entrance. A beer inventory shrinkage record shall be kept by the licensee and made available at any time upon request to the chief of police or business license administrator for inspection or audit. Failure of a licensee to properly maintain the alcoholic beverage inventory shrinkage or failure to submit such records for inspection and audit shall be a Class B misdemeanor and shall be cause for suspension or revocation of an off-premise license.

12.

There shall be no transfer of an off-premise license from one location to another.

13.

There shall be no transfer of an off-premise license from one entity to another without approval by the city council, except that the business license administrator may grant a request to transfer an off-premise license from a current licensee to a proposed licensee who will operate at the same location provided:

The type of alcoholic beverage to be sold is not changed;

The on-site management staff has not changed;

There have been no citations for alcohol related offenses issued to either the current licensee or the proposed licensee within the last two years; and

The proposed licensee's application complies in all respects with all other provisions of this ordinance.

14.

Monetary value of license:

A person having been granted an off-premise license shall not sell, exchange, barter, give or attempt in any way to dispose of the license whether for monetary gain or not.

An off-premise beer license has no monetary value for the purpose of any type of disposition.

15.

Each off-premise beer licensee shall comply with the provisions of the EASY law and operational provisions established by the Alcoholic Beverage Control Act.

16.

The total number of off-premise licenses in the city shall not exceed one per each 400 population of the city, based on the latest population estimate provided by the previous census statistics and determined by the average household size and number of residential units in the city.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.100. - Full-service restaurant and limited-service restaurant licenses.#

Before any full-service restaurant or limited-service restaurant may sell alcoholic beverages at retail for on-premise consumption, it shall obtain:

A full-service restaurant license from the city for the purpose of selling alcoholic beverages as defined in the ordinance; or

A limited-service restaurant license from the city for the purpose of selling beer, heavy beer, and wine as defined in this ordinance; and

A full-service restaurant or limited-service restaurant retailer license from the commission.

A person seeking a full-service or limited-service restaurant license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

A full-service or limited-service restaurant licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All full-service or limited-service restaurant licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Alcoholic beverages sales shall not exceed more than 30 percent of the gross dollar volume sales for any semi-annual period.

Restriction on licenses: There shall be no limitation on the number of full-service or limited-service restaurant licenses granted by Kamas City.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.110. - Club licenses.#

There are four types of clubs defined in U.C.A. Tit. 32A:

Dining clubs;

Equity clubs; and

Fraternal clubs.

Before any club may sell alcoholic beverages at retail for on-premise consumption, it shall obtain:

A Club license from the city; and

A Club license from the commission.

A person seeking a club license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

A dining club licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

A club license shall entitle the licensee to sell alcoholic beverages on the premises described therein, in containers allowed under the Alcoholic Beverage Control Act of the Utah Code, for consumption on the permitted premises.

All club licensees shall make food available at all times when alcoholic beverages are sold, served or consumed. All holders of a club license shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Dining club licensees shall maintain at least 60 percent of their club business from the gross sale of food.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.120. - Beer only licenses.#

There are two types of on-premise beer licenses defined by the Alcoholic Beverage Control Act of the Utah Code:

Beer only which include restaurants, cafes, bowling center or golf course food and beverage facilities; and

Taverns, which include beer bars, parlors, lounges, cabarets, or nightclubs. No tavern licenses shall be issued within Kamas City.

Before any establishment may sell beer at retail for on-premise consumption, it shall obtain:

A beer only license from the city; and

A beer only retailer license from the commission.

A person seeking a beer only license to sell beer for consumption on the premises shall provide a written application on forms provided by the city as outline in KMC 5.10.060.

Hours of sale. A beer only licensee may sell beer in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All beer only licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Beer sales shall not exceed more than 30 percent of the gross dollar volume sales for any semi-annual period.

The total number of beer only licenses in the city shall not exceed one per each 4,000 population of the city, based on the latest population estimate provided by the city business license administrator as determined by the average household size and number of residential units in the city.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.130. - On-premise banquet license.#

An on-premise banquet license may only be issued for a hotel, resort facility, sports center or convention center.

Before any on-premise banquet licensee may sell or furnish an alcoholic product at retail for on-premise consumption, it shall obtain:

An on-premise banquet license from the city; and

An on-premise banquet license from the commission.

A person seeking an on-premise banquet license to provide alcohol for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

Hours of sale. An on-premise banquet licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All on-premise banquet licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Alcohol sales shall not exceed more than 50 percent of the gross dollar volume sales for any semi-annual period.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.140. - Single-event licenses.#

Before any operator, participant or sponsor of a single event may sell beer or alcohol at retail for on-premise consumption at the event, a single-event license shall be obtained from the city. A single-event license may also include a temporary special event beer license.

An applicant seeking a single-event license to sell beer or alcohol for consumption on the premises of a single event shall provide a written application on forms provided by the city. The application shall be accompanied by:

The fee for a single-event license as set forth in the Kamas City Fee and Rate Resolution and evidence of necessary regulatory approvals to conduct the single event;

Evidence of proximity to any school, church, public library, public playground or public park, however, the proximity requirements of KMC 5.10.070 do not apply to a single-event license as per the Alcoholic Beverage Control Act of the Utah Code;

A site plan of the location of the single event, including clear depiction of consumption areas and areas where the applicant proposes to keep, store and sell alcoholic beverages;

A statement of the purpose of the association, corporation, church or political organization or its local lodge, chapter, or other local unit;

A signed consent form stating that authorized representatives of the city, including any city law enforcement agency, will have unrestricted right to enter the premises during the event;

Proper verification evidencing that the person signing the application is authorized to act on behalf of the association, corporation, church or political organization conducting the single event; and

Any other information the city may require to accurately evaluate the merits of the application.

No person under the age of 21 years shall sell or serve alcoholic beverages under a single-event license.

A single-event license shall not authorize the storage, sale or consumption of alcoholic beverages at an event for any period exceeding 72 hours.

Qualifying organization may apply for up to four licenses per calendar year for a time period that does not exceed 120 consecutive hours for each license, or up to 12 licenses per calendar year for a time period that does not exceed 72 consecutive hours for each license.

A special-event licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.150. - Renewal of existing licenses.#

All applications for renewal of licenses shall be filed with the business license administrator at least 30 days prior to the expiration of the then issued license. Any person who fails to file within the time limit set forth herein shall, on the date of expiration of the license, forthwith cease all sales of alcoholic beverages on the licensed premises and shall make no sale of alcoholic beverages until the date a new license is issued by order of the city council.

Upon receipt of an application for renewal of an alcoholic beverage license, the business license administrator shall obtain a report from appropriate agencies regarding the applicant's compliance with any applicable restrictions relating to operation of the licensed premises and local or state laws relating to the sale or supply of alcohol. In the event the report demonstrates there have been any instances of noncompliance in the preceding year, the renewal application shall be scheduled for a hearing before the city council at its next regularly scheduled business meeting. Within 14 days of the hearing, the city council shall render a decision regarding the license application.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.160. - Renewal information required.#

Applications for renewal of licenses issued under this ordinance shall be accompanied by a statement setting forth the gross sales of beer by the licensed establishment during the preceding year and the total gross revenues from all sources of sales during the same year. Renewal applications which are not accompanied by the required statement shall be deemed incomplete and shall not be processed until the statement is supplied. The requirements of this section shall be in addition to any requirements relating to the keeping of records set forth within this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.170. - Fees.#

Renewal applications for licenses under this ordinance shall be accompanied by the city business license fee and the complete regulatory fees established by the Kamas City Fee and Rate Resolution as amended.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.180. - Expiration and renewal.#

All licenses issued pursuant to the provisions of this ordinance shall expire December 31 along with yearly business license.

Licenses shall be issued for one year from the date of expiration shown in this section. To implement the expiration date of existing licenses, the initial license renewal for licenses existing on the effective date of this ordinance shall be prorated to the next expiration date. In the event renewal fees are not received at the office of the license official within 45 days after the due date each year, the licensee must reapply for the applicable retail license and pay a penalty of 25 percent of the regulatory fees due as part of the re-issuance fee, in addition to the applicable regulatory license fees. In the event the renewal fees are not received at the office of the business license administrator within 75 days of each year when due, the licensee must reapply for the applicable retail license and pay a penalty of 100 percent of the fee due as part of the re-issuance fee, in addition to the applicable regulatory license fees. Failure to meet the renewal requirements shall result in an automatic forfeiture of the license effective on the date the existing license expires.

If any licensee sells the place of business, the existing license shall be canceled. The purchaser of the business may apply for a license to sell alcoholic beverages in accordance with the procedures and requirements of this ordinance. If any licensee does not immediately notify the city of any change in ownership of the business, the city shall revoke that license.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.190. - Penalties for violations by a licensed establishment.#

Any license issued pursuant to the ordinance may be suspended or revoked for the violation by the licensee or the licensee's agent or employee of any provision of this ordinance or any other applicable ordinance or law relating to the possession, consumption, storage or sale of alcoholic beverages. If any person to whom a license has been issued under this ordinance no longer possesses the qualifications required by this ordinance for obtaining that license, the city may revoke or suspend that license.

In addition to the suspension or revocation of licenses, the city may bring criminal charges or seek any other civil remedy available to the city for the violation of any provision of this ordinance.

Violations of the ordinance by a licensee or any employee or agent of a licensee which occur within any 24-month period may be punished as follows:

Upon a first violation of this ordinance the license shall be issued a warning.

Upon any violation of this ordinance which occurs within 24 months of a prior violation, the licensee shall pay a civil fine of $250.00.

Upon any violation of this ordinance which occurs with 24 months of two prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license suspended for a period of three consecutive days concurrent with any suspension imposed by the state.

Upon any violation of this ordinance which occurs within 24 months of three prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license suspended for a period of 30 consecutive days concurrent with any suspension imposed by the State. In addition, the licensee shall be placed on probation for a period of one year. Any violation of the Ordinance by the licensee or any employee of the licensee during the period of probation shall result in the revocation of the licensee's license. The licensee shall not be eligible to reapply for a new license for at least six months from the date of revocation.

Failure to pay any fine imposed for a violation of any provision of the ordinance within 30 days of the imposition of such fine shall be grounds for revocation of the license.

(Ord. 2015-04, 11/10/2015)