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16-3-1 - License Required to Sell Beer.#
It shall be unlawful for any person to engage in the business of the sale of beer at retail, in bottles, cans, or in original containers, or draft, within the corporate limits of Kaysville City without first having procured a license therefor from the City. 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. On-premise beer retailers shall also be licensed by the State of Utah Alcoholic Beverage Control Commission. All licensees shall comply with Utah Law and the regulations of the Alcoholic Beverage Control Commission, the laws and ordinances of Kaysville City, and all rules and regulations of the Davis County Health Department relating to health matters.
16-3-2 - Classifications of Licenses.#
Retail licenses issued by the City shall be of the following classes and carry the following privileges: 1.
Off-premise beer retailer licenses shall entitle the licensee to sell beer on the licensed premises in the original container for consumption off the premises.
2.
On-premise beer retailer licenses shall entitle the licensee to sell beer on the licensed premises for consumption on the premises and to all of the privileges granted to the holder of an off-premise beer retailer license.
16-3-3 - License Application.#
1.
All applications for licenses authorized by this Chapter shall be verified and filed with the License Officer of Kaysville City and shall state the applicant's name in full, that the applicant has complied with the requirements and possesses the qualifications specified in the Utah Alcoholic Beverage Control Act and if the applicant is a co-partner, the names and addresses of all partners and if a corporation or limited liability company, the names and addresses of all officers and directors of the corporation or members of the limited liability company, and must be subscribed by the applicant who must state under oath that the facts stated therein are true.
2.
A minor may not be granted a beer retailer license.
16-3-4 - License Fees.#
Fees for each class of license shall accompany all applications and shall be in the amount as designated from time to time by resolution of the City Council.
16-3-5 - Restrictions.#
1.
It shall be unlawful to advertise the sale of beer except under such regulations as are made by the Alcoholic Beverage Control Commission of Utah, and provided that a simple designation that beer is sold may be placed in or upon the window or front of the licensed premises.
2.
No licensee shall violate the terms of the license issued, nor unless so licensed shall the licensee sell beer for consumption on the premises, or permit any beer to be consumed on the premises, and it shall be unlawful to keep or maintain a nuisance as defined by this Title.
3.
A beer retailer may not purchase, acquire, possess for the purpose of resale, or sell any beer except that which has been lawfully purchased from a wholesaler licensed under the Alcoholic Beverage Control Act or from a small brewer that manufactured the beer. All purchases made of beer by any beer retailer from a licensed wholesaler shall be from that wholesaler who is authorized by the Alcoholic Beverage Control Commission to sell beer in the geographical area in which the beer retailer is located unless an alternate wholesaler is authorized by the Commission to sell to the beer retailer.
4.
Beer may not be sold, provided, or possessed for off-premise consumption in containers larger than two (2) liters.
5.
A minor may not sell beer on the premises of an off-premise beer retailer except under the supervision of a person twenty-one (21) years of age or older who is on the premises.
6.
If malt beverage coolers or malt liquor is sold by an off-premise beer retailer, the off-premise beer retailer shall display a sign at the location on the premises where malt beverages or malt liquor is sold stating: "Many malt beverages contain alcohol. Please read the label."
7.
On-premise beer retailers shall comply with all State of Utah On-premise Beer Retailer Licenses provisions (Sections 32B-6-701 et seq., Utah Code) and the Off-premise Beer Retailer Enforcement Act provisions (Sections 32B-7-301 et seq., Utah Code).
8.
It shall be unlawful for any licensee or employee of a licensee to sell or dispense beer within the corporate limits of Kaysville City at any time between the hours of 1 o'clock a.m. and 6 o'clock a.m.