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Footnotes:
--- (1) --- State Law reference— Alcoholic Beverage Control Act, U.C.A. 1953, § 32B-1-101 et seq.; authority to tax and license or prohibit the retail sale of beer, U.C.A. 1953, § 32B-7-201.
DIVISION 1. - GENERALLY#
Sec. 8-114. - Definitions.#
The words and phrases used in this article shall have the meanings specified in the Utah Alcoholic Beverage Control Act unless a different meaning is clearly evident.
(Code 1981, § 9-412)
State Law reference— Definitions, U.C.A. 1953, § 32B-1-102.
Sec. 8-115. - Purchase of beer for resale.#
It is a Class B misdemeanor for any licensee to purchase, acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Alcoholic Beverage Control Act.
(Code 1981, § 9-416)
Secs. 8-116—8-143. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 8-144. - License to sell beer at retail.#
(a)
It shall be a Class B misdemeanor for any person to engage in the business of selling beer at retail, in bottles or draft, without first having procured a license therefor from the town council and paid the license fee required by this article.
(b)
It shall be a Class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this article.
(c)
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 Utah Alcoholic Beverage Control Act and the regulations of the alcoholic beverage services commission.
(Code 1981, § 9-411)
Sec. 8-145. - Retail licenses.#
Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as Class "A," Class "B," Class "C" and "seasonal licenses." (1)
Class "A" retail licenses shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and town ordinances.
(2)
Class "B" retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and town ordinances.
(3)
Class "C" licenses for retail shall entitle the licensee to sell draft beer for consumption on or off the premises and to sell beer in accordance with the Utah Alcoholic Beverage Control Act and town ordinances.
(4)
"Seasonal licenses" of any class may be issued for a period of time as provided in U.C.A. 1953, § 32B-5-206, which period shall be determined by the town council.
(Code 1981, § 9-413)
State Law reference— Class "A" retail license for off-premises consumption, U.C.A. 1953, § 32B-1-201 et seq.; Class "B" retail license for on-premises consumption, U.C.A. 1953, § 32B-6-701 et seq.; seasonal retail license, U.C.A. 1953, § 32B-5-206.
Sec. 8-146. - Beer license.#
In addition to any other business license which any person or place of business may be required to obtain, there is hereby imposed on the business location of every person engaged in the sale or dispensing of beer the annual license which is required in the schedule of fees, rates and charges on file in the clerk/recorder's office.
(Code 1981, § 9-414)
Sec. 8-147. - License fees to accompany application.#
Applications provided for in this article shall be accompanied by the fees provided in this article. The fee shall be returned to the applicant if the application is denied.
(Code 1981, § 9-415)
Sec. 8-148. - Application for license.#
(a)
All applications for licenses authorized by this article shall be completed and verified and shall be filed with the clerk/recorder. The applications must state the applicant's name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and this article. 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)
The application must be subscribed to by the applicant who shall state under oath that the facts therein contained are true.
(Code 1981, § 9-417)
Sec. 8-149. - Renewals.#
All applications for renewal licenses filed by the holders of existing licenses shall be filed with the clerk/recorder at least 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 beer until the date his new license is issued by the town council.
(Code 1981, § 9-419)
Sec. 8-150. - Qualifications.#
No license shall be granted to any retailer to sell beer within the town unless he shall be of good moral character, over the age of 21 years and a citizen of the United States. A license will not be sold to anyone who has been convicted of a felony or of any violation of any state law or provision of town ordinances relating to intoxicating liquors, or to anyone keeping a gambling or disorderly house, anyone who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or of having violated any such law or ordinance, to any partnership, any member of which lacks any of the qualifications set forth in this section, or to any corporation, of which any director or officer lacks any such qualifications.
(Code 1981, § 9-420)
Sec. 8-151. - Bond required.#
No license required by this article shall be granted by the town council until the applicant shall have filed with the clerk/recorder a bond in a sum and as required by U.C.A. 1953, § 32B-5-204. The bond shall be made in favor of the town.
(Code 1981, § 9-421)
Sec. 8-152. - Department of health permit.#
No license under this article shall be issued until the applicant therefor shall have first procured from the town department of health a permit which shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage, distribution or sale of light beer complies with all the health regulations of the town and the state.
(Code 1981, § 9-422)
Sec. 8-153. - Transfer of license.#
Licenses issued pursuant to this article shall not be transferrable and, if revoked by the town council, the fee paid by the licensee to the town for the license shall be forfeited to the town.
(Code 1981, § 9-423)
Secs. 8-154—8-174. - Reserved.#
DIVISION 3. - REGULATIONS AND REQUIREMENTS#
Sec. 8-175. - Restrictions.#
(a)
It is unlawful for any person to sell beer at any public dance or to any person intoxicated or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any dance hall or theater and a license to sell beer shall not be granted to any person to sell beer at any business or premises where gasoline for the use in motor vehicles is sold.
(b)
No license shall be granted to sell beer in any dance hall or theater.
(c)
It shall be unlawful to sell beer to any person under the age of 21 years, to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises.
(d)
It shall be unlawful to sell or otherwise furnish or dispose of beer, allow it to be drunk or consumed on the premises or to allow beer out of original containers to remain on the licensed premises, whether or not open to the public, after the closing hour of 12:00 midnight and before 6:00 a.m. of any day except that the closing hour on the day following December 31 of any year shall be 1:00 a.m.
(e)
Any person having a Class "B" or "C" beer license, or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time stated in subsection (d) of this section.
(f)
It shall be unlawful for any person having a Class "B or "C" beer license 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 provided in subsection (d) of this section; provided, however, no licensed premises may employ more than two persons on the premises after the closing hour without the permission of the town marshal/chief of police or the mayor.
(g)
Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind 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. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the state liquor control commission, provided that a simple designation of the fact that beer is sold under town license may be placed in or upon the window or front of the licensed premises.
(h)
It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this article.
(i)
It shall be unlawful to keep or maintain a nuisance as defined in this article.
(Code 1981, § 9-424)
Sec. 8-176. - Sunday sales prohibited.#
It shall be unlawful for any person having a license for the sale of beer to sell, barter, distribute, give away, exchange, dispense or serve beer on Sunday.
(Code 1981, § 9-425)
Sec. 8-177. - Inspection.#
(a)
All licensed premises shall be subject to inspection by any officer, agent or peace officer of the town, the liquor 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 beer which he shall have for sale.
(b)
Any license granted pursuant to this article may be revoked on a finding by the town council that the licensee has had ten days' or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of the town or of the state division of health and has failed to comply with such health ordinance, rule or regulation.
(c)
The town council may direct the town marshal/chief of police to close down any business licensed under this article 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.
(Code 1981, § 9-426)
Sec. 8-178. - Revocation or suspension.#
(a)
The town council may, after a hearing, revoke or suspend any beer license on a finding that the licensee or his officers, agents or employees have violated any provision of this article or any ordinance of the town whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.
(b)
A hearing may be requested by any person:
(1)
That is denied or refused a beer license by any officer, agent or employee of the town.
(2)
Whose beer license is revoked, restricted, qualified or limited from that for which it was first issued.
(c)
The request for hearing must be made in writing to the mayor or clerk/recorder and made within 30 days following the date of notice denying, refusing, revoking, qualifying, restricting or revoking the beer license is mailed by the town to the applicant or license holder at his address as it appears on the application or license.
(d)
Following receipt of a request for hearing, the town council 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 town may produce to support its decision and to present his own evidence in support of his contention. The town council shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the town council.
(e)
This article shall not be constructed so as to afford any aggrieved party more than one hearing before the town council nor shall the hearing provided in this article apply to any criminal complaint or proceeding.
(Code 1981, § 9-427)