The text
3-2-0: - ADOPTION OF STATE STATUTE:#
A.
For purposes of alcoholic beverage control within the corporate limits of Riverdale City, the City incorporates herein the provisions of Utah Code 32B-1-101 et seq., the Utah Alcoholic Beverage Control Act (hereinafter "Act").
B.
All provisions of this local chapter not precluded by the Utah Alcoholic Beverage Control Act regulating the sale, storage, service, or consumption of alcoholic beverages shall supersede said Act, provided said local regulations do not conflict with the provisions of said Act.
(Ord. 905, 1-15-2019)
3-2-1: - DEFINITIONS:#
All words and phrases defined in this chapter shall be given such defined meanings wherever used in this title and shall be subject to the Utah Alcoholic Beverage Control Act, in strict compliance with said Act:
ALCOHOLIC BEVERAGES: Means and includes "beer" and "liquor", as they are defined herein.
APPLICATION: A formal written request for the issuance of a license.
BEER: A product that contains .5 percent of alcohol by volume, but not more than four percent (4%) of alcohol by volume or 3.2 percent by weight; and is obtained by fermentation, infusion, or decoction of malted grain. Beer may or may not contain hops or other vegetable products. "Beer" includes products referred to as: beer, ale, porter, stout, lager; or a malt or malted beverage. Beer does not include a flavored malt beverage.
LICENSE: The right to engage in the type of conduct hereafter described, as evidenced by a written document issued by Riverdale City. Licenses issued pursuant to this chapter shall be of one of the following types and shall authorize the type of conduct, and only the type of conduct, indicated after each designation: A.
Single Event Permit: Authorizes the licensee, the storage, sale, offering for sale, furnishing, and consumption of liquor for a period not to exceed seventy-two (72) consecutive hours or one hundred twenty (120) consecutive hours.
1.
No more than two (2) single event permits shall be issued to the same group in any calendar year.
2.
A single event permit may be issued to the following entities:
a.
Partnership;
b.
Corporation;
c.
Limited liability company;
d.
Religious organization;
e.
Political organization;
f.
Incorporated association;
g.
State agency; or
h.
Political subdivision of the State.
3.
A single event permit may not be issued to an entity that has not been in existence for at least one calendar year, before the date of the single event.
4.
Applicant must obtain a single event permit from the Utah Department of Alcoholic Beverage Control as well as Riverdale City prior to the event.
B.
Package Agency Liquor License: Authorizes the licensee to operate a "package agency", as defined by the Utah Alcoholic Beverage Control Act, in strict compliance with said Act, upon the licensed premises.
C.
Restaurant License (Includes Beer and Liquor): Authorizes the licensee to sell liquor and/or beer on premises occupied by a restaurant, in strict compliance with the Utah Alcoholic Beverage Control Act, and upon the licensed premises; as defined in Utah Code.
1.
For the purpose of this chapter restaurant shall include the following:
a.
A full-service restaurant;
b.
A master full-service restaurant;
c.
A limited-service restaurant;
d.
A master limited-service restaurant;
e.
A beer only restaurant license.
D.
General Liquor License: Authorizes the licensee to sell liquor on premises in strict compliance with the Utah Alcoholic Beverage Control Act.
1.
For the purpose of this chapter a general liquor license shall include, but not be limited to, the following:
a.
A bar establishment;
b.
An airport lounge;
c.
An on-premises banquet;
d.
A reception center;
e.
A resort;
f.
A hotel;
g.
A club.
E.
Off Premises Beer Retailer License: Authorizes the licensee to sell beer on the licensed premises in original containers for consumption off the licensed premises in any size not exceeding two liters (2 L) and in strict compliance with the Utah Alcoholic Beverage Control Act.
F.
On-Premises Beer Retailer License: Authorizes the licensee to sell beer on the licensed premises in the original containers for consumption on the licensed premises; or in open containers in any size not exceeding two liters (2 L) and in strict compliance with the Utah Alcoholic Beverage Control Act. For the purposes of this chapter an on premises beer retailer license shall apply to all recreational amenity business establishments as defined by Utah Code Annotated section 32B-6-702.
All on premises beer retailers shall be subject to the following:
1.
Maintain at least seventy percent (70%) of the person's, ("person" as defined by the Utah Alcoholic Beverage Control Act), total gross revenues from business directly related to a recreational amenity on or directly adjoining the licensed premises of the beer retailer, except that a person may include gross revenue from business directly related to a recreational amenity that is owned or operated by a political subdivision if the person has a contract meeting the requirements of the Utah Alcoholic Beverage Control Act with the political subdivision; or
2.
Have a recreational amenity on or directly adjoining the licensed premises of the beer retailer and maintain at least seventy percent (70%) of the person's total gross revenues from the sale of food.
G.
Tavern License 1 : Authorizes the licensee to sell beer on the licensed premises occupied by a tavern on draft or in open containers in any size not exceeding two liters (2 L) or in the original containers for consumption on the licensed premises and in strict compliance with the Utah Alcoholic Beverage Control Act.
1.
For the purpose of this chapter a tavern means an on-premises beer retailer who is:
a.
Issued a license by the commission in accordance with Utah Code Annotated chapter 5, Retail License Act, and chapter 6, part 7, on-premises beer retailer license; and
b.
Designated by the commission as a tavern in accordance with Utah Code Annotated chapter 6, part 7, on-premises beer retailer license.
H.
Temporary Beer Permit; as Fulfilled by Special Event Permit: Authorizes the licensee to sell beer on the licensed premises on draft or in open containers in any size not exceeding two liters (2 L) or in the original containers for consumption on the licensed premises under the following conditions:
1.
For a period not to exceed thirty (30) days;
2.
No temporary beer event permit may be issued to a person if the aggregate of the days that the person is authorized to store, sell, offer for sale, or furnish an alcoholic product under a temporary beer event permit will exceed a total of ninety (90) days in any one calendar year.
3.
Licensees are required to obtain a temporary special event beer permit from the Utah Department of Beverage Control and Riverdale City prior to the event.
LICENSEE: Includes the persons, firm, corporation or association to whom the license is issued, and also means and includes the licensee's managers acting for him/her with his/her consent or knowledge.
LIQUOR: Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous or fermented, other drinks or drinkable liquids that contain at least 0.5 percent of alcohol by volume and is suitable to use for beverage purposes. Liquor includes heavy beer, wine, and a flavored malt beverage. "Liquor" does not include beer.
NUISANCE: Any room, house, building, structure, place or licensed premises, where: A.
Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Utah Alcoholic Beverage Control Act or this title, or where persons resort for drinking alcoholic beverages contrary to the Utah Alcoholic Beverage Control Act or this chapter; or
B.
Intoxicated persons are permitted to loiter about, or use profanity, indecent, immoral, loud or boisterous language or display immoral or lewd conduct; or
C.
Persons under the age of twenty-one (21) are permitted to purchase or drink alcoholic beverages, or are employed in violation of this chapter; or
D.
Laws or ordinances are violated by licensee or his agents or patrons with or without the consent or knowledge of licensee upon such premises; or
E.
Any condition dangerous to human life or health is permitted to exist, and all alcoholic beverages, packages, equipment and other property used in maintaining the same.
PLACE OF BUSINESS: Shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include clubs, corporations and associations operating under charter or otherwise wherein only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be "places of business", as herein defined.
RESTAURANT: Any place of business where a variety of foods are prepared, at which meals are served; and that is engaged primarily in serving meals.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer.
SELL OR TO SELL: When used in this chapter in any provision, shall be construed to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in for any consideration proposed or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling, as herein defined.
WHOLESALER: Any person other than a brewer or retailer engaged in importation for sale or in the sale of alcoholic beverages in wholesale or other quantities.
1 Cross reference—See also definition of "tavern" at section 10-2-2 of this Code.
(Ord. 905, 1-15-2019)
3-2-2: - LICENSES REQUIRED:#
A.
City License Required: It shall be unlawful for any person to engage in any conduct described in the definition of "license", as provided in section 3-2-1 of this chapter, within the corporate limits of the City, without having first procured the appropriate license therefor as described in said definition.
B.
State License: If said license is intended to permit alcohol consumption or sale of alcohol, a State license is required before sales may take place. Applicants shall contact the Utah Department of Alcoholic Beverage Control for said license.
(Ord. 905, 1-15-2019)
3-2-3: - APPLICATION; PROCEDURE:#
A.
Form of Application; Change of Form:
1.
All applicants shall submit a completed liquor or beer packet to the City Recorder. No partial applications shall be accepted.
2.
The liquor or beer packet shall be amended in accordance with applicable State and Federal laws.
B.
Investigation of Applicant: The Police Department shall examine all applications and investigate all applicants for licenses under this chapter. Following such examination and investigation, the recommendations of the Police Department shall be made in writing to the City Council.
C.
Qualifications of Applicants: In determining whether an applicant is qualified to be considered for the issuance of a liquor or beer license, the City Council shall weigh the following information on each individual required to fill out a schedule A: age (for all applicants except those seeking an off-premises beer retailer license, the application shall be disapproved if an individual is under the age of 21 years. For applicants who are seeking an off-premises beer retailer license, the application shall be disapproved if an individual is under the age of 18 years); citizenship; and moral character, including whether or not the applicant has been convicted, pleaded guilty or no contest or forfeited bail on any felony or misdemeanor involving moral turpitude, or on the violation of any law or ordinance relating to alcoholic beverages, driving under the influence of intoxicating liquors, drugs, or keeping a gambling or disorderly house in the six (6) years prior to the date of the application.
D.
Considerations by City Council: In determining whether to grant a liquor or beer license to an applicant it has found to be qualified in accordance with subsection C of this section, the City Council shall give consideration to the following:
1.
The locality and neighborhood within which the proposed licensed premises will be located and the prospective impact of the same upon such locality and neighborhood.
2.
The proximity of the proposed licensed premises to existing licensed premises.
3.
The extent of present or anticipated tourist traffic within the area of the proposed licensed premises.
4.
The proximity of the proposed licensed premises to any school, church, library, public playground or park.
5.
The extent to which the application makes a full, complete and candid disclosure of all information required thereby.
6.
The integrity, character and reputation of the applicant, its partners, directors, trustees, officers, lessors, managers and operators.
7.
The business acumen and experience of the applicant, its partners, directors, trustees, officers, lessors, managers and operators.
8.
The prospective impact of the licensed premises upon vehicular traffic, congestion and parking.
9.
The number of liquor and beer licenses in existence in the City.
10.
Whether all employees of an applicant who sells, serves or furnishes liquor to the public for consumption on the premises have completed an approved alcohol education and training seminar.
11.
In the case of an off-premises beer retailer license, unless otherwise prohibited in Utah Code, a retail licensee may employ a minor who is at least sixteen (16) years of age to enter the sale at a cash register or other sales recording device.
12.
A full-service restaurant licensee, limited-service restaurant licensee, or beer-only restaurant licensee may employ a minor who is at least eighteen (18) years of age to bus tables, including containers that contain an alcoholic product.
13.
Whether the granting of the requested license is in the greatest public interest and in the interest of the general health and welfare of the City's residents.
14.
Such other facts or circumstances which may be considered material.
(Ord. 905, 1-15-2019)
3-2-4: - FEE FOR LICENSE:#
The license fees for the various licenses provided for in this chapter shall be set forth as a part of the City business license fee schedule referred to in section 1-12-3 of this Code. Fees for alcoholic beverage licenses shall be the same regardless of the issuance date or the length of time for which the license shall be valid. No refund shall be made in the event the license is suspended, revoked or voluntarily surrendered.
(Ord. 905, 1-15-2019)
3-2-5: - GRANTING OR DENYING LICENSE:#
Upon receipt of a completed application, all required attachments thereto, the required license fee, and the investigative report of the Police Department, and providing the applicant is deemed qualified under the criteria set forth in subsection 3-2-3C of this chapter, the City Council may conduct such further investigations and hold such hearings as it may deem appropriate for the purpose of determining whether to issue the requested license, taking into consideration those matters set forth in subsection 3-2-3D of this chapter, and may either grant or deny the same, as in the exercise of its discretion it determines best. In the event the City Council denies the issuance of the license, it shall set forth in writing delivered to the applicant, the reasons for the denial.
(Ord. 905, 1-15-2019)
3-2-6: - EXPIRATION OF LICENSE:#
All licenses issued pursuant to this chapter shall expire at twelve o'clock (12:00) midnight on December 31 of the year for which issued.
(Ord. 905, 1-15-2019)
3-2-7: - ALCOHOL TRAINING AND EDUCATION SEMINAR:#
A.
All liquor licensees shall provide to the City Recorder, by certificate, granted by the Utah Department of Alcoholic Beverage and Control, that each employee of the licensee engaged in the serving, selling or furnishing of alcoholic beverages on the premises, has completed the alcohol training and education seminar, as required by Utah Code Annotated sections 32B-5-404 et al and 62A-15-401 et al. This requirement is applicable to the following:
1.
A retail manager as defined in Utah Code Annotated section 32B-5-402;
2.
Retail staff as defined in Utah Code Annotated section 32B-5-402; and
3.
An individual who, as defined by division rule:
a.
Directly supervises the sale of beer to a customer for consumption off the premises of an off-premises beer retailer; or
b.
Sells beer to a customer for consumption off the premises of an off-premises beer retailer.
B.
All employees required to complete the alcohol training and education seminar, as outlined in subsection A of this section, who does not have a valid record showing the individual has completed said training shall:
1.
Complete the alcohol training and education seminar within thirty (30) days of the following:
a.
If the individual is an employee, the day the individual begins employment;
b.
If the individual is an independent contractor, the day the individual is first hired; or
c.
If the individual holds an ownership interest in the licensee, the day that the individual first engages in an activity that would result in that individual being required to complete an alcohol training and education seminar.
Violation of this subsection will result in revocation of the license granted under subsection A of this section, unless compliance with this subsection is completed within two (2) months of the time that licensee first became aware that such violation occurred.
(Ord. 905, 1-15-2019)
3-2-8: - LICENSE REQUIREMENTS:#
A.
Display of License: Any license issued pursuant to this chapter shall at all times be conspicuously displayed in the premises for which it is issued.
B.
Compliance with State Laws: All licensees shall comply with all applicable State laws and regulations, including, but not limited to, the Utah Alcoholic Beverage Control Act and the regulations of the Utah Department of Alcoholic Beverage Control.
C.
Transfer of License: No license issued pursuant to this chapter shall be transferred to a licensee nor to a licensed premises different from the licensee or licensed premises referred to in the original license and original supporting application therefor.
(Ord. 905, 1-15-2019)
3-2-9: - LOCAL CONSENT:#
The granting of any alcohol license pursuant to this chapter shall first obtain the local consent of the City as required by Utah Code Annotated section 11-10 et al. Upon acquiring local consent from the City, the licensee shall complete all application requirements set forth by the Utah Department of Alcoholic Beverage Control.
(Ord. 905, 1-15-2019)
3-2-10: - RULES, REGULATIONS AND REQUIREMENTS:#
A.
Restrictions on Brewers, Dealers and Wholesalers: No brewer, dealer or wholesaler shall either directly or indirectly supply, give or pay for any furniture, furnishings or fixtures of a retailer, nor shall such brewers, dealers or wholesalers advance, furnish money or pay for any license of a retailer, or be financially interested either directly or indirectly in the conduct or operation of the business of any retailer.
B.
Illumination of Licensed Premises: The licensed premises shall be kept brightly illuminated at all times while occupied or open for business. In any prosecution for violation of this subsection, if it is shown that there was less than five (5) foot-candles of light anywhere on said premises at any time while it was occupied or open for business, except in closets used exclusively for storage, it shall be presumed that said premises was not sufficiently illuminated.
C.
Lawful Hours:
1.
Restaurant: Liquor and/or beer may be sold or offered for sale at a restaurant during the following:
a.
A restaurant licensee may sell, offer for sale, or furnish liquor at the licensed premises during the following time periods only:
(1)
On a weekday, during the period that begins at eleven thirty o'clock (11:30) A.M. and ends at eleven fifty-nine o'clock (11:59) P.M.; or
(2)
On a weekend or a State or Federal legal holiday or for a private event, during the period that begins at ten thirty o'clock (10:30) A.M. and ends at eleven fifty-nine o'clock (11:59) P.M.
b.
A restaurant licensee may sell, offer for sale, or furnish beer at the licensed premises during the following time periods only:
(1)
On a weekday, during the period that begins at eleven thirty o'clock (11:30) A.M. and ends at twelve fifty-nine o'clock (12:59) A.M.; or
(2)
On a weekend or a State or Federal legal holiday or for a private event, during the period that begins at ten thirty o'clock (10:30) A.M. and ends at twelve fifty-nine o'clock (12:59) A.M.
2.
Club: Liquor may not be sold or offered for sale at any club during the following days or hours:
a.
On Sunday and any State or Federal legal holiday after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon. On all other days the liquor storage and sales area in the club shall be closed from one o'clock (1:00) A.M. until ten o'clock (10:00) A.M.
b.
Liquor may be consumed for thirty (30) minutes after the cessation of sales.
3.
On Premises:
a.
Beer may not be sold or offered for sale at any on premises beer retailer licensee after one o'clock (1:00) A.M. and before ten o'clock (10:00) A.M.
b.
Beer may be consumed for thirty (30) minutes after the cessation of sales.
4.
Off Premises: Beer may not be sold or offered for sale at any off premises beer retailer licensee after one o'clock (1:00) A.M. and before six o'clock (6:00) A.M.
5.
Single Event Permit and Temporary Beer Permit: Alcoholic beverages may be sold, served and consumed at temporary events under either a single event permit or a temporary special event beer permit between the hours of ten o'clock (10:00) A.M. and one o'clock (1:00) A.M.
(Ord. 905, 1-15-2019)
3-2-11: - PROHIBITED ACTS AND ACTIVITIES:#
A.
Sale to Intoxicated Persons: No licensee shall sell an alcoholic beverage to any person intoxicated, or under the influence of an intoxicating beverage.
B.
Sale to Minors Unlawful: It shall be unlawful to sell an alcoholic beverage to any person under the age of twenty-one (21) years.
C.
Advertising: All advertising of alcoholic beverages shall be in accordance with the Department of Alcoholic Beverage Control Act, as specified in Utah Code Annotated 32B-1-206(4), or any other applicable State or Federal Code, and in compliance with the basic guidelines outlined by the Alcoholic Beverage Control Commission in rule R81-1-17.
D.
Minors Frequenting Premises: A minor may not be on the premises of a tavern. Riverdale City may exclude minors from the premises or portions of premises which have the atmosphere or appearance of a tavern as defined by the Utah Alcoholic Beverage Control Act.
E.
Employment of Minors:
1.
The following rules apply to minors employed by retail liquor licensees:
a.
A retail licensee may not employ a minor to sell, offer for sale, furnish, or dispense an alcoholic product.
b.
Unless otherwise prohibited in the provisions related to the specific type of retail license, a retail licensee may employ a minor who is at least sixteen (16) years of age to enter the sale at a cash register or other sales recording device, under the supervision of a person at least twenty-one (21) years of age or older who is on the premises.
c.
A full-service restaurant licensee, limited-service restaurant licensee, or beer-only restaurant licensee may employ a minor who is at least eighteen (18) years of age to bus tables, including containers that contain an alcoholic product.
F.
Persons Under Twenty-One Years Purchasing, Consuming or Possessing Alcoholic Beverages: No person under the age of twenty-one (21) years shall purchase, consume or possess any alcoholic beverage.
G.
Minors at Fraternal Benefit Associations, Societies; Exception: It shall be unlawful to permit or allow any person, or for any person under twenty-one (21) years of age to be on, enter into, frequent or to loiter about any premises for which a club liquor license or an on-premises beer license has been issued, except on such premises licensed as a private fraternal club, lawfully organized and existing under the laws of the State and the United States government as a fraternal benefit association or society, unless said person under twenty-one (21) years of age is accompanied by and in the custody of one of his/her parents, grandparents or guardian. It shall be unlawful for any person under twenty-one (21) years of age to be on said licensed premises at any time between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., even if said person is accompanied by and in the custody of his/her parent, grandparent or guardian.
H.
Frequenting Unlicensed Premises: It is unlawful for any person to visit, to loiter about, to frequent or to resort to any house, building, room or premises where any alcoholic beverages are kept, stored, sold, bartered, offered or exposed for sale in violation of the Utah Alcoholic Beverage Control Act or of any ordinance of the City.
I.
Consuming Beer on the Premises of an Off-Premises Licensee: It is unlawful for any licensee under an off-premises beer license to allow any person to consume beer upon the licensed premises. It is unlawful for any person to consume beer upon such premises.
J.
Possession of Illegally Obtained Alcoholic Beverages: It is unlawful for any licensee to purchase or acquire, or to have or possess, or to suffer to be kept upon the licensed premises, any alcoholic beverage except that lawfully acquired under the provisions of the Utah Alcoholic Beverage Control Act.
K.
Nuisances: It is unlawful for any person to commit, keep or maintain a nuisance upon any licensed premises. It is unlawful for any person to suffer a nuisance to be maintained upon licensed premises owned, occupied, operated or controlled by him, or which may be in his charge.
L.
Locked Doors: It is unlawful for any door or other means of ingress to or egress from any licensed premises to be locked or barred, or barricaded in any way so as to interfere with the free entrance to the licensed premises by any peace officer at any time while the premises is occupied or open to the public, but all doors or other means of entrance thereto during the time the premises is occupied or open to the public shall be left unlocked or unfastened so that any peace officer may enter the same without any hindrance or delay; provided, however, that there may be maintained upon the premises a locked storeroom for the keeping of goods and supplies used in the business. Such storeroom shall at all times be subject to search and inspection by any peace officer as hereinafter provided. It is unlawful for any licensee to deny any peace officer immediate access to such storeroom for such search or inspection upon demand made for such access. It is unlawful for any licensee to suffer any person, except a bona fide employee of the licensee or a peace officer, to enter or remain in such storeroom; and further provided, that a general liquor licensee may provide a card operated lock on the licensed premises; provided, that an appropriate card key therefor is first delivered to the Police Chief or his/her designee for use by his officers in the line of duty.
M.
Lookouts: It is unlawful for any person commonly known as a "lookout" to be stationed or maintained to give warning of the approach of any peace officer to such premises. It is unlawful to maintain or operate any electrical or other device which is used or capable of being used to give warning of any peace officer.
N.
Failure to Maintain Control by Licensee: It is unlawful for any licensee hereunder to fail to maintain full control of the conduct of the business upon the licensed premises, or to fail to inform himself of the manner in which said business is conducted and of the activities of his agents, servants and employees in and about the licensed premises. The licensee shall be responsible, under this chapter, for all of the activities of his agents, servants and employees in and about the licensed premises, and by accepting a license hereunder, the licensee unconditionally guarantees to the City that neither he nor his agents, servants or employees will violate the terms of this chapter upon the licensed premises, and for breach of such guarantee the license may be revoked.
(Ord. 905, 1-15-2019)
3-2-12: - SEARCH OF LICENSED PREMISES:#
Every licensee, by accepting a license issued under the provisions of this chapter, thereby irrevocably consents that any peace officer may at any time during the effective period of the license freely enter upon and inspect and search the licensed premises for any alcoholic beverage, or for any other goods or chattels illegally possessed or kept thereon, or for evidence of any alleged crime under investigation by such peace officer and further consents to the seizure of any such alcoholic beverage or any goods, chattels or evidence, or the property of the licensee, which may be found therein upon such search.
(Ord. 905, 1-15-2019)
3-2-13: - STREAMLINED PROCEDURE:#
A.
Purpose: The streamlined procedure set forth in this section may be used only by those applicants who held a valid liquor or beer license on December 31 of the previous year.
B.
Procedure: These applicants who are qualified to use this streamlined procedure in accordance with subsection A of this section, may apply for a new license by submitting the following:
1.
License fee.
2.
Maintain an active license with the Utah Department of Alcoholic Beverage Control.
3.
A new copy of the articles of incorporation or partnership agreement only if changes have been made thereto.
4.
A new detailed diagram of the licensed premises only if changes have been made thereto.
5.
A new affidavit signed by the official required to sign the affidavit for the initial license swearing to the truthfulness of the documents submitted.
(Ord. 905, 1-15-2019)
3-2-14: - SUSPENSION OR REVOCATION OF LICENSE:#
A.
Authority: Licenses may be suspended or revoked by the City Council for the violation on the licensed premises of any provision of this chapter or of any other applicable ordinance or law relating to alcoholic beverages, or if the person to whom the license was issued no longer possesses the qualifications required by this chapter and the Statutes of the State.
B.
Hearing: All licenses issued pursuant to this chapter may be suspended by the City Council without a prior hearing. Immediately following any suspension order issued without a prior hearing, notice shall be given such licensee, advising him of his right to a prompt hearing, and listing the cause or causes for such suspension. If cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration, or may be revoked. However, no license shall be revoked or suspended beyond the initial hearing without first establishing cause therefor, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the cause specified for revocation. It shall be unlawful for any licensee to sell or permit any person to possess or consume any alcoholic beverage on the licensed premises during the period of suspension or after the revocation of the license.
(Ord. 905, 1-15-2019)
3-2-15: - PENALTY:#
Any person violating any of the provisions of this chapter shall be guilty of a Class B misdemeanor and shall be punished as provided in section 1-4-1 of this Code. Each day of any continuing violation shall be deemed a separate offense.
(Ord. 905, 1-15-2019)