Chapter 5.04 - ALCOHOLIC BEVERAGES

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

5.04.010 - Policy.#

The City of South Salt Lake permits the operation of establishments with an alcoholic beverage component, consistent with the Alcoholic Beverage Control Act and related state statutes and regulations. The City of South Salt Lake requires the Owners and Managers of establishments with an alcoholic beverage component within the City's boundaries to take primary responsibility for maintaining order and preventing breaches of the peace at such establishments.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.020 - Definitions.#

As used in this Chapter:

The definition of each term that is defined in Utah Code Title 32B, Alcoholic Beverage Control Act, as amended, is adopted into this Chapter by reference, except to the extent modified by this Chapter or Title. Where used in this Chapter, such terms are capitalized.

The definitions under Title 5 of this Code supplement the definitions in the state's Alcoholic Beverage Control Act and are also capitalized where used.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.030 - Local consent, proof of state licensure, and City business license required.#

The City's issuance of a City alcoholic beverage license—whether beer, liquor, single event, or special-use—under this Chapter constitutes local consent for the purpose of the corresponding license, sublicense, Package Agency, or temporary or special-use permit sought from the state Department of Alcoholic Beverage Control, as applicable.

Before operating under a City beer, liquor, or special-use license, and not more than one hundred twenty (120) days after the date on which the particular City beer, liquor, or special-use license was granted, each approved applicant must obtain and provide the City with proof of the corresponding state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit. Failure to do so shall render the City beer, liquor, or special-use license and corresponding local consent void. Lapse, suspension, or revocation of the Department of Alcoholic Beverage Control license, sublicense, Package Agency, permit, or any applicable federal license shall result in automatic suspension of the City beer, liquor, or special-use license and corresponding local consent.

Before operating under a City beer, liquor, or special-use license, each approved applicant must also obtain, if not already obtained, and provide proof to the City of a valid City business license for premises to be operated under the City beer, liquor, or special-use license. Failure to do so shall render the City beer, liquor, or special-use license and corresponding local consent void. Lapse, suspension, or revocation of the City business license for premises to be operated under a City beer, liquor, or special-use license shall result in automatic suspension of all City beer, liquor, or special-use licenses and corresponding local consents associated with the premises.

Any applicant for a City alcoholic beverage license and corresponding local consent shall comply with applicable conditions and requirements of state law and this Code prior to making application with the City for any City alcoholic beverage license. Each applicant, licensee, and consentee must maintain compliance with federal law, state law, and City Code regardless of changes to those laws and ordinances.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.040 - City beer license required.#

No entity shall operate a business with a beer component (i.e. storage, sale, offer for sale, service, consumption, manufacture, transportation, importation, or exportation of beer) within the City without first procuring the necessary City beer license, required by the City as the local alcoholic beverage licensing counterpart for a Use requiring corresponding state Department of Alcoholic Beverage Control licensure. Such entity, in addition to obtaining the necessary City beer license, shall also procure the required state Department of Alcoholic Beverage Control license, sublicense, or permit and any applicable federal license.

Each City beer license shall indicate the type of state Department of Alcoholic Beverage Control approval for which the City beer license will be issued.

A separate City beer license shall be required for each state Department of Alcoholic Beverage Control license, sublicense, or permit required.

No City beer license may be transferred, assigned, or subleased in any manner. City beer licenses are invalidated by transfer or attempted transfer. Change in Ownership of a City beer licensee constitutes an invalidating transfer.

Lapse, suspension, or revocation of a state Department of Alcoholic Beverage Control license or sublicense, or permit or applicable federal permit or license shall result in automatic suspension of the corresponding City beer license.

No City beer license shall issue to an applicant if the Use for which the applicant seeks the license is prohibited (see Title 17 land-use matrix) in the zoning district where the applicant proposes to use the City beer license sought.

Consistent with the scope of state Department of Alcoholic Beverage Control authorization, a City liquor license shall be required in lieu of a City beer license for a business with a liquor, wine, heavy beer, or flavored malt beverage component.

All City beer licensees shall comply with the provisions of the Alcoholic Beverage Control Act, as amended, and of this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.050 - City liquor license required.#

No entity shall operate a business with a liquor component (i.e. storage, sale, offer for sale, service, consumption, manufacture, transportation, importation, or exportation of liquor, wine, heavy beer, or flavored malt beverages or representation—as a Utah individual resident, partnership, corporation, or limited liability company employed by an alcohol manufacturer, supplier, or importer to represent a liquor product with the Department of Alcoholic Beverage Control or a state Department of Alcoholic Beverage Control licensee, sublicensee, Package Agency, or permitee—of an alcoholic product of a manufacturer, supplier, or importer) within the City without first procuring the necessary City liquor license, required by the City as the local alcoholic beverage licensing counterpart for a Use requiring corresponding state Department of Alcoholic Beverage Control licensure and/or contractual approval. Such entity, in addition to obtaining the necessary City liquor license, shall also procure the required state Department of Alcoholic Beverage Control license, sublicense, or Package Agency and any applicable federal permit or license.

Each City liquor license shall indicate the type of state Department of Alcoholic Beverage Control license, sublicense, or Package Agency for which the City liquor license will be issued.

A separate City liquor license shall be required for each state Department of Alcoholic Beverage Control license, sublicense, or Package Agency required.

No City liquor license may be transferred, assigned, or subleased in any manner. City liquor licenses are invalidated by transfer or attempted transfer. Change in Ownership of a City liquor licensee constitutes an invalidating transfer.

Lapse, suspension, or revocation of a state Department of Alcoholic Beverage Control license, sublicense, or Package Agency or applicable federal permit or license shall result in automatic suspension of the corresponding City liquor license.

No City liquor license shall issue to an applicant if the Use for which the applicant seeks the license is prohibited (see Title 17 land-use matrix) in the zoning district where the applicant proposes to use the City liquor license sought. For purposes of state Department of Alcoholic Beverage Control local industry representative licenses, where the applicant proposes to use the City liquor license shall be measured only by the location of the applicant's primary Place of Business, not where the applicant may travel for work.

All City liquor licensees shall comply with the provisions of the Alcoholic Beverage Control Act, as amended, and this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.060 - City single event alcoholic beverage license required.#

No entity shall sell beer, heavy beer, wine, flavored malt beverages, or liquor at an Event within the City without first procuring the necessary City single event alcoholic beverage license as required by this Chapter. Such entity, in addition to obtaining the necessary City single event alcoholic beverage license, shall also procure any required state Department of Alcoholic Beverage Control temporary permit. A City single event alcoholic beverage license is required for every Event at which beer, heavy beer, wine, flavored malt beverages, or liquor will be sold, or consumed during Business Activity, even if no state Department of Alcoholic Beverage Control temporary permit is required.

Each City single event alcoholic beverage license shall indicate—to the extent applicable—the type of state Department of Alcoholic Beverage Control temporary permit for which the City single event alcoholic beverage license will be issued.

A separate City single event alcoholic beverage license shall be required for each corresponding state Department of Alcoholic Beverage Control temporary permit required, or for each Event, if no state Department of Alcoholic Beverage Control temporary permit is required.

No City single event alcoholic beverage license may be transferred, assigned, or subleased in any manner. City single event alcoholic beverage licenses are invalidated by transfer or attempted transfer. Change in Ownership of City single event alcoholic beverage licensee constitutes an invalidating transfer.

Lapse, suspension, or revocation of a state Department of Alcoholic Beverage Control temporary permit shall result in automatic suspension of the corresponding City single event alcoholic beverage license.

A City single event alcoholic beverage license grants a bona fide association (i.e. limited liability company, corporation, partnership, or other incorporated association), religious organization, political organization, or a recognized subordinate lodge, chapter, or other local unit thereof, that is conducting an Event, and has been in existence for at least one (1) year (except in the case of political organizations for elected positions of the City, which are not required to have been in existence for at least one (1) year) on the date on which the entity applies for a City single event alcoholic beverage license, the privilege to store, sell, offer for sale, serve, and consume alcoholic beverages:

In accordance with an applicant's corresponding state Department of Alcoholic Beverage Control temporary permit; or

In accordance with terms of the City single event alcoholic beverage license—if issued—if a state Department of Alcoholic Beverage Control temporary permit is not required.

The privileges granted by a City single event alcoholic beverage license shall be limited further by the type of temporary permit the applicant obtains from the state Department of Alcoholic Beverage Control as follows:

If an applicant obtains a state Department of Alcoholic Beverage Control Temporary Beer Event Permit, a corresponding City single event alcoholic beverage license shall carry the privileges and responsibilities granted to state Temporary Beer Event Permit holders and shall authorize the storage, sale, offer for sale, service, and consumption of beer for a period not to exceed thirty (30) days. A state Temporary Beer Event Permit may authorize multiple sales outlets on different properties under one state Temporary Beer Event Permit. No entity shall in any one (1) calendar year operate under one (1) or more City single event alcoholic beverage licenses for more than a total of ninety (90) days.

If an applicant obtains a state Department of Alcoholic Beverage Control Single Event Permit, a corresponding City single event alcoholic beverage license shall carry the privileges and responsibilities granted to state Single Event Permit holders and shall authorize for a period not to exceed one-hundred and twenty (120) consecutive hours or five (5) consecutive days the storage, sale, offer for sale, service, and consumption of beer, heavy beer, wine, flavored malt beverages, or liquor. In any one (1) calendar year an applicant may obtain up to twelve (12) City single event alcoholic beverage licenses provided that all such City single event alcoholic beverage licenses in the calendar year are each for seventy-two (72) hours or fewer. No City single event alcoholic beverage license applicant may receive within one (1) calendar year more than four (4) City single event alcoholic beverage licenses for that one (1) calendar year if any one (1) or more City single event alcoholic beverage license that applicant receives during that calendar year is for more than seventy-two (72) hours.

Unless otherwise provided for in this Chapter, a City single event alcoholic beverage license is only valid if a licensee has received a state Department of Alcoholic Beverage Control temporary permit for the same Event. All City single event alcoholic beverage licensees must notify the Community Development Director or his/her designee immediately if their state Department of Alcoholic Beverage Control temporary permit application is denied, revoked, or suspended for any reason. If an applicant is not required to obtain a state Temporary Beer Event Permit or state Single Event Permit, the privileges granted by a City single event alcoholic beverage license shall be contingent upon the type of alcohol beverages to be served at the Event, as established by the terms of the City single event alcoholic beverage license application. Subject to the limitations of this Section, a City single event alcoholic beverage license authorizes the storage, sale, offer for sale, service, and consumption of alcoholic beverages only in conjunction with an Event.

If an Event is proposed to be located within two hundred (200) feet of a residence, then the applicant must provide proof that it has given notice to all residences within two hundred (200) feet of the proposed Event location at least six (6) business days and no more than thirty (30) calendar days prior to the issuance of the license.

The notice shall include:

The location, date, and time of the Event;

The name of the Organizer;

A statement that a resident may lodge an objection with the City within five days of delivery of the notice; and

The address and telephone number of the Community Development Department.

If a Person who resides within two hundred (200) feet of the proposed location objects to the Event, the Community Development Director shall, within five business days from the date the objection was received, make a determination of whether to grant the consent, after providing the applicant the opportunity to address the grounds of the objection.

In determining whether to grant a City single event alcoholic beverage license in light of an objection from entitled complainant, the Community Development Director shall consider:

The duration of the Event;

The grounds for the complaint;

Measures which will be taken by the applicant that may mitigate the complainants' concerns; and

Other relevant evidence provided by the complainant or applicant.

All City single event alcoholic beverage licensees shall comply with the provisions of the Alcoholic Beverage Control Act, as amended, and this Chapter. No person under the age of twenty-one (21) shall sell or serve alcohol under a City single event alcoholic beverage license.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.070 - City special-use license required.#

No entity shall operate under a state Department of Alcoholic Beverage Control special-use permit authorizing the special-use permittee to purchase, use, store, sell, offer for sale, consume, or manufacture an alcoholic product within the City without first procuring the necessary City special-use license, required by the City as the local alcoholic beverage licensing counterpart for a Use requiring corresponding state Department of Alcoholic Beverage Control licensure. Such entity, in addition to obtaining the necessary City special-use license, shall also procure the required state Department of Alcoholic Beverage Control license or sublicense and any applicable federal permit or license.

Each City special-use license shall indicate the type of state Department of Alcoholic Beverage Control special-use permit for which the City special-use license will be issued.

A separate City special-use license shall be required for each state Department of Alcoholic Beverage Control special-use permit required.

No City special-use license may be transferred, assigned, or subleased in any manner. City special-use licenses are invalidated by transfer or attempted transfer. Change in Ownership of a City special-use licensee constitutes an invalidating transfer.

Lapse, suspension, or revocation of a state Department of Alcoholic Beverage Control special-use permit or applicable federal permit or license shall result in automatic suspension of the corresponding City special-use license.

No City special-use license shall issue to an applicant if the Use for which the applicant seeks the license is prohibited (see Title 17 land-use matrix) in the zoning district where the applicant proposes to use the license sought.

A City special-use license shall grant the special-use licensee to purchase, use, store, sell, offer for sale, consume, or manufacture an alcoholic product only in the quantity, in a type, and for a purpose stated in the corresponding state Department of Alcoholic Beverage Control special-use permit.

All City special-use licensees shall comply with the provisions of the Alcoholic Beverage Control Act, as amended, and this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.080 - Application for City alcoholic beverage license or license renewal.#

An application for a City alcoholic beverage license or license renewal requires at least the following:

A completed and signed application form;

The appropriate application or renewal fee, as set forth in the Consolidated Fee Schedule;

A copy of the applicant's current valid City business license or a complete City business license application for the entity to be licensed;

State and federal background checks; and

Proper land-use status—the applicant's proposed location and Use must be Permitted or Conditional in Chapter 17.03 and must comply with the requirements of Title 17 of this Code. No premises shall be concurrently licensed for both a City alcoholic beverage Use and a Sexually Oriented Business Use under Title 17.

The following specific conditions must exist at the time of application for any City alcoholic beverage license other than a City liquor license - Local Industry Representative, City special-use license (Religious), or City single event alcoholic beverage license:

Pedestrian lighting must be installed in all parking areas and abutting sidewalks;

Landscaping must meet current City Code standards;

The site and structures must meet current building code requirements for accessibility;

The site and structures must meet current fire code requirements;

Street-facing facades of the premises must feature windows covering at least fifty (50) percent of their surface area;

Any structure must feature architectural elements on all facades (e.g. metal awnings above all windows and doors, decorative sconces, upgraded exterior materials, etc.);

Security cameras and a video storage system which retains recordings for at least twenty-one (21) days, must be installed and maintained to record parking lots, entrances/exits, and rooms where the public is invited to congregate. The recordings must be made available to Enforcement Officials during the system's retention period;

The structure must be renovated to present a clean, new, attractive appearance in all spaces of the establishment where the public is permitted;

The site must conform to current City engineering standards (including paving of parking areas with concrete or asphalt and installation of curb, gutter, and sidewalk, as applicable); and

A compliant waste container enclosure must be located in the rear or side of the structure.

The City shall notify each applicant when all required application materials—including payment of any applicable fees—have been received and the application is complete. Nothing in this Chapter shall establish any additional property interests or rights in a license application, City alcoholic beverage license, or corresponding local consent issued by the City.

All City beer or liquor licenses expire annually. City beer or liquor licensees desiring to renew a City beer or liquor license shall submit the completed renewal application to the City no later than five (5) p.m. on the last City business day prior to the date the City beer or liquor license expires. Failure to renew the license prior to its expiration results forfeiture of the City beer or liquor license and the corresponding local consent.

Notwithstanding the other provisions of this Section, a City special-use license renews automatically without the payment of additional fees.

Applications shall be in a form prescribed by City Staff.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.081 - Application review by Police Chief.#

The Community Development Director or her/his designee shall refer all complete applications for a City alcoholic beverage license filed in accordance with this Chapter to the Police Chief or his/her designee for inspection, evaluation, and report. The Police Chief or his/her designee shall conduct an investigation to evaluate factors such as: A.

Whether the applicant meets the licensee qualifications under this Chapter;

Any criminal violations or charges against the applicant where the criminal violation at issue would make an applicant ineligible for a license under state statute or this Chapter;

Compliance with state alcoholic beverage laws;

The nature and kind of business to be conducted by the applicant;

The nature and kind of any entertainment to be conducted on the premises (if any);

Policies and safety protections the applicant has in place to restrict minors from accessing the portion or portions of a premises where alcoholic beverages are sold; and

Policies and safety protections the applicant has in place to prevent minors from gaining access to and/or consuming alcoholic beverages.

The Police Chief or his/her designee shall, upon completion of such investigation, make to the Community Development Director a recommendation for approval or denial of the City alcoholic beverage license application. If recommending denial, the Police Chief or her/his designee shall submit a detailed report of the investigation, record the recommendation on the application, and sign the application. If recommending approval, the Police Chief or his/her designee shall record such recommendation on the application, sign the application, and may submit a detailed report of the investigation.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.082 - Application review by Building Division and Planning & Zoning Division.#

The Community Development Director or his/her designee shall refer all complete applications for a City alcoholic beverage license filed in accordance with this Chapter to the Building and Planning & Zoning Divisions for review by each division's Manager or his/her designee, respectively, to ensure compliance with the applicable building codes, to determine the maximum number of occupants the premises may safely accommodate at one time, given the location and number of emergency exits, and to ensure compliance with Title 17 and the proximity requirements under Section 32B-1-202 of the Utah Code, as amended. Building and Planning & Zoning Division representatives shall submit to the Community Development Director or her/his designee a recommendation to approve or deny the application, shall record such recommendation on the application, and sign the application.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.083 - Application review by Health Department.#

The Building Division may refer any application filed in accordance with this Chapter to the County Health Department, which may inspect all premises to be licensed to assure compliance with all laws and regulations of the state of Utah, and the ordinances, rules, and regulations of the City governing the sanitary preparation, storage, distribution, or sale of alcoholic beverages and food.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.090 - Periodic inspection of premises.#

All applicants, licensees, and consentees shall permit the Police Chief or his/her designees and any Enforcement Official, as defined in Title 8 of the City Code, to have access to make periodic inspections of all premises licensed or for which a license is sought under this Chapter; the findings of such inspections shall be reported to the Community Development Director or his/her designee.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.100 - Emergency suspension of license.#

The Police Chief or her/his designee and any Enforcement Official, as defined in Title 8 of the City Code, may immediately and temporarily suspend licenses issued under this Chapter without prior hearing provided there is probable cause to believe violations of this Chapter or state law are occurring, and the conditions are such that public health, safety, or welfare are endangered. Such temporary suspension shall occur only if the licensee or the licensee's Manager fails to remedy the situation within fifteen (15) minutes of notification by the Police Chief, Police Chief's designee, or Enforcement Official that a suspension will occur if the conditions complained of are not remedied in a manner that eliminates the immediate danger to public health, safety, or welfare. No emergency suspension under this provision shall extend more than twenty-four (24) hours beyond the time when the suspension was given.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.110 - Duty to report Acts of Violence on the Public Portion of the Premises.#

It is the duty of every City alcoholic beverage licensee to ensure that any of its Owners, Managers, employees, and security personnel who have reason to know that an Act of Violence has been committed on the Public Portion of the Premises immediately summon the City Police Department. Failure by a licensee or an Owner, Manager, employee, or security personnel of the licensee, who has reason to know that an Act of Violence has occurred on the Public Portion of the Premises, to immediately summon the City Police Department may result in suspension of the licensee's City alcoholic beverage license for a period of up to one year. After any incident involving an Act of Violence on the public portion of a licensee's premises, the licensee shall take all lawful measures necessary to prevent further Acts of Violence on the Public Portion of the Premises, including implementation of any security plan issued by the Chief of Police or his/her designee.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.120 - Licensee offenses.#

It shall be unlawful for any City alcoholic beverage licensee or any Owner, Manager, or employee of the licensee to cause or permit to be caused on the licensee's premises any of the following acts: A.

Sale During Revocations. To sell any beer or liquor during any period of a license revocation or suspension.

Nuisance Conduct, as defined within Title 5 of the City Code, and which includes loitering in the licensee's parking lot, creating offsite disturbances during night-time hours while on the licensee's property, or littering.

Failure to Control Noise. To permit or provide either live or recorded amplified music without first having closed all exterior doors and windows of the licensed premises to control noise, or in any case to permit the creation of noise that violates Salt Lake County Health Department regulations. Doors may be opened for ingress and egress but shall not be propped in the open position to provide ventilation. Doors shall be equipped with automatic closing devices to keep them in the closed position except to permit ingress and egress.

Outdoor Speakers. To permit or cause to exist any loud speaker or sound amplification equipment on any vehicle, outdoor balcony, deck, patio, or garden associated with the licensed premises other than speaker systems or sound amplification equipment in conjunction with approved outdoor dining.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.130 - Patron offenses.#

It shall be unlawful for any person within a premises licensed under this Chapter, whether as a guest, patron, invitee, supplier, or in any other capacity other than as employee of the license holder or as the licensee to commit or perform any of the following within the premises: A.

To enter or remain in any licensed premises after being ordered to leave the premises by the licensee or an Owner, Manager, or employee of the licensee.

To enter or remain in any licensed premises while Intoxicated.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.140 - Citations and violations.#

The commission of any offense listed in this Chapter shall be a Class B misdemeanor unless otherwise indicated. Both the City alcoholic beverage licensee and/or an Owner, Manager, or employee of the licensee, and the patron of the licensed premises may be charged from the same incident, as the offenses of the licensee and the offenses of the patron are separate offenses. The licensee shall be civilly responsible for all violations permitted or caused by an Owner, Manager, or employee of the licensee and the criminal acts of an Owner, Manager, or employee of the licensee committed on the premises in the course of employment shall be deemed the acts of the licensee for purposes of suspension, revocation, or non-renewal by the City.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.150 - Suspension or revocation.#

A City alcoholic beverage license shall be suspended or revoked as follows: A.

City alcoholic beverage licenses are subject to suspension under the following conditions:

Upon the City receiving evidence of any act or failure to act by an Owner, Manager, or employee of a City alcoholic beverage licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee except those specified in Subsection (B) of this Section which allow revocation;

Nuisance Conduct, as described in the City Code or state law;

Suspension of a state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit; or

Any other reason for which a business license may be suspended under this Title.

City alcoholic beverage licenses are subject to revocation under the following conditions:

After determining that a licensee's application contains materially false information;

Upon the City receiving evidence that a licensee no longer qualifies for the corresponding state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit, as set forth in state law, or applicable federal license or permit, as set forth in federal law;

Upon the City receiving evidence that an Owner, Manager, or employee of a licensee has, while on the business premises:

Solicited, aided, or exploited a prostitute;

Purchased, sold, or attempted to sell a controlled substance as defined by state law; or

Sold or provided alcohol to a minor or interdicted person;

Upon the City receiving evidence that an Owner or Manager of a licensee has, while on the business premises possessed or consumed a controlled substance in violation of state law;

For a second act or failure to act by an Owner, Manager, or employee of a licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee, occurring within twenty-four (24) months of the first such act or failure to act; or

Any other reason for which a business license may be revoked under this Title.

Suspension or revocation of a City alcoholic beverage license constitutes withdrawal of local consent for the corresponding state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit under the terms (duration, etc.) of the applicable City alcoholic beverage license suspension or revocation. Suspension or revocation of a City alcoholic beverage license shall also result in automatic suspension of the alcoholic beverage components of any City business license associated with the premises. Furthermore, no Person who has been denied a City alcoholic beverage license or whose City alcoholic beverage license has been revoked, and no Person associated or connected with such a Person in conduct related to the premises for which the City alcoholic beverage license was denied or revoked, shall be granted a City alcoholic beverage license for the subject premises for a period of six (6) months after such denial or revocation.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.160 - Ineligibility and disqualification.#

No City alcoholic beverage license shall issue to an applicant with an Owner or Manager with Disqualifying History. Similarly, any licensee with an Owner or Manager discovered to have Disqualifying History after receiving a City alcoholic beverage license shall have its City alcoholic beverage license revoked. All City alcoholic beverage licensees shall notify the Community Development Director or her/his designee within ten (10) days of any Owner or Manager being convicted of any offense listed below: A.

A felony under federal law or state law;

A violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product;

A crime involving Moral Turpitude; or

Any offense listed under Subsection 41-6a-501(2)(a) of the Utah Code, as amended.

Failure to timely notify the Community Development Director or her/his designee of a conviction listed in this Subsection shall result in revocation of the City alcoholic beverage license.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.170 - Alcoholic beverage license/consent waiting list.#

The City shall not issue a City alcoholic beverage license, if doing so would cause the City to exceed the allowable number of licenses that the Department of Alcoholic Beverage Control permits the City to issue for any particular category of business, or when doing so would cause the City to exceed any locally established quota. When the available number of licenses or consents is exhausted for a particular category of business, the City shall maintain a waiting list for applicable City alcoholic beverage license types. To be placed on the waiting list, an applicant shall complete an application for the type of license sought. The Applicant shall then be placed on the waiting list in chronological order based upon the date and time of application completion. When a license becomes available for the category of business for which the application was made, the City shall notify the applicant. Thereafter, the Applicant shall have one hundred twenty (120) days to take all steps necessary to obtain approval of its application from the City. An applicant on the waiting list may remove its name from the waiting list at any time but forfeits the nonrefundable application fee by removing its name. An applicant on the waiting list shall renew its application annually no later than 5 p.m. on the last City business day before the anniversary of the original application. Failure to pay the annual application fee on time will result in the applicant being returned to the bottom of the waiting list.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.180 - City alcoholic beverage license caps.#

The City shall limit its issuance of City alcoholic beverage licenses to the following license types in the amounts indicated below: A.

Off-Premises Beer and Package Agency. The total number of City alcoholic beverage licenses issued for a corresponding state Department of Alcoholic Beverage Services Off-Premises Beer license or sublicense or Package Agency shall not exceed a ratio of one City alcoholic beverage license per 400 individuals of City population;

Banquet and Catering, Beer Recreational, and Manufacturing (Brewery, Winery, & Distillery). The total number of City alcoholic beverage licenses issued for a corresponding state Department of Alcoholic Beverage Services Banquet and Catering, Beer Recreational, or Manufacturing (Brewery, Winery, & Distillery) license or sublicense shall not exceed a ratio of one City alcoholic beverage license per 800 individuals of City population; and

Bar Establishment and Tavern. The total number of City alcoholic beverage licenses issued for a corresponding state Department of Alcoholic Beverage Services Bar Establishment or Tavern license or sublicense shall not exceed a ratio of one City alcoholic beverage license per 3,000 individuals of City population, except that an additional five City alcoholic beverage licenses may be allowed in excess of the quota if they are issued in the Downtown District.

Restaurant (Beer Only), Restaurant (Limited Service), and Restaurant (Full Service). The number of City-issued alcoholic beverage licenses for the corresponding state Department of Alcoholic Beverage Services Restaurant (Beer Only), Restaurant (Limited Service), and Restaurant (Full Service) shall be administered in conjunction with Utah Code 32B-6. A license for Restaurant (Beer Only), Restaurant (Limited Service), and Restaurant (Full Service), shall be issued so long as the licensee maintains the food-to-alcohol ratios required by their specific state license type and all other requirements established by law. The total number of City alcoholic beverage licenses for a state Department of Alcoholic Beverage Services Restaurant (Beer Only), Restaurant (Limited Service), and Restaurant (Full Service) shall not be limited by population or other means.

For purposes of this Section, population shall be determined by the most recent United States decennial or special census.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020; Ord. No. 2022-19, § 1(Exh. A), 10-26-2022; Ord. No. 2026-12, § 1(Exh. A), 5-27-2026)

5.04.190 - Notice of adverse decision.#

The City shall give notice to any applicant, licensee, or consentee of adverse action by mailing notice by regular mail to the representative of the applicant, licensee, consentee identified in the application made to the City at the address listed in the application. The notice shall be deemed served upon actual notice, three (3) days after mailing, or upon personal service at the business premises. The notice shall convey the following information: A.

A brief summary of the facts supporting the action;

A reference to the state law or section of City Code upon which the action is based;

A description of the action being taken (denial, suspension, revocation, fine, etc.);

The sanction imposed, if applicable; and

A brief explanation of the right to appeal the decision, including the deadline to appeal.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.04.200 - Appeals.#

Decisions by the City that aggrieve either a licensee or an applicant may be appealed to the administrative law judge in accordance with Chapter 2.22 of the City Code unless a provision outside of this Chapter is used as the basis for the appealed decision, in which case the appeal process applicable to that provision will apply. Notwithstanding this provision, the decision of whether to grant consent for a City single event alcoholic beverage license is not appealable to the administrative law judge.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)