TITLE 5 BUSINESS LICENSES AND REGULATIONS

Part of the Code of Ordinances of Virgin, UT.

Local law · Updated February 18, 2025 · 513 sections

The text

5.02 Business Licensing Control#

5.02.010 - Purpose#

This Chapter, adopted pursuant to Utah Code Annotated Title 10, Chapters 1 and 8, as amended, is enacted for the following purposes: A.

To license, regulate and control businesses within the corporate limits of the Town; and

To assist in the maintenance of a current index of all businesses within the corporate limits of the Town.

5.02.020 - Definitions#

As used throughout this Chapter, the following terms or phrases shall have the following meanings as used in this Chapter:

"Business" includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, whether full time or part time, together with all devices, machines, vehicles and appurtenances related thereto, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises within the Town.

"Conditional Use Permit" a permit, based upon compliance with certain conditions, issued by the Town Council for the use of property adjudged to be in harmony with the intent and purpose of a specified zone but not included in the list of permitted uses for the zone. A conditional use permit may be required at the discretion of Town staff prior to the issuance of a business license for any business making use of property which is not included in the list of permitted uses within a specified zone.

"Each Separate Place of Business" each separate establishment or place of operation, whether or not operating under the same name, within the Town, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in business.

"Engaging in Business" includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any vocation, occupation, profession, trade or other calling; provided, however, that the rendering of personal services by an employee to his employer under any contract of personal employment, express or implied, shall not constitute "engaging in business', as herein defined.

"License" the certificate or document issued by the Town and signed by the Town Clerk/Recorder evidencing permission or authority from the Town to the holder named therein to carry on a particular business or occupation at a particular location.

"Nonprofit Enterprise" a business, no part of the income of which is distributable to its owners, members or operators, unless such owner or operator shall be a religious or eleemosynary institution.

"Place of Business" each separate location maintained or operated by the licensee within the Town from which business activity is conducted or transacted.

"Town" Virgin Town, a Utah municipal corporation with its fixed geographical boundaries located in Washington County, State of Utah.

(Amended by Ord. 2018-30 on 10/24/2018)

5.02.030 - License Officer; Powers and Duties#

The Town Clerk is hereby designated and appointed as ex officio Town license officer and shall issue licenses in the name of the Town to all persons qualified under the provisions of this Chapter and shall remit to the Town treasurer all license fees collected hereunder. In addition to all other powers granted hereunder, the Town Clerk or designees shall have the following powers: A.

Adopt Forms. Authority to adopt all forms necessary or desirable to facilitate orderly and systematic issuance of all business licenses and ensure the preservation of business records.

Investigation of Applicants. Authority to authorize investigation of any applicant or licensee, either at the time of issuance of a license, or at any reasonable time thereafter, in order to determine the eligibility of such applicant or licensee for the issuance or renewal of a business license. The Town Clerk may engage the help and services of appropriate law enforcement agencies or other Town departments for purposes of conducting such investigations.

Inspection of Premises and Records. Inspect proposed or existing places of business to ensure compliance with building, safety and health codes and inspect books and records of any applicant for the administration and enforcement of this Chapter; provided, however, that any such inspection of premises or business records shall be at reasonable times and upon prior notice to the applicant or licensee.

Determination of Standing of Applicant or Licensee. Make a determination whether the applicant or licensee is in violation of any provision of any ordinance of the Town, or indebted or obligated in any manner to the Town or any department thereof, or in violation of any Town land use regulation (commonly referred to as the Virgin Uniform Land Use Ordinance or "VULU'') by reason of the condition of the business premises or the use to be made thereof.

Require Necessary Affidavits. When considered necessary in the discretion of the Town Clerk, require affidavits regarding the prior history of the applicant, indicating whether such person has had prior business experience, has had a prior business license revoked or suspended, or any other information with respect to the applicant's prior experience or personal integrity, including a record of prior convictions or arrests of the applicant or licensee.

Issuance of Notice of Acceptance or Rejection. Notify any applicant or licensee of the acceptance or rejection of the application for business license, and, in the event of rejection, said notice shall state in writing the reasons for such rejection. The Town Clerk shall also have authority to notify the licensee of any facts constituting a violation of any Chapter of the Town.

Enforcement. Be responsible for enforcement of all provisions of this Chapter and shall cause to be filed complaints against all persons or entities violating any of the provisions of this Chapter.

5.02.040 - License Required#

It shall be unlawful for any person or entity, either directly or indirectly, to engage in business within the corporate limits of the Town without having first obtained an annual business license, whether such license shall be a new license or renewal license, and without having first paid the applicable license fee in accordance with all provisions of this Chapter.

Any person or entity engaging in bona fide agricultural activities and selling the produce thereof shall not be required to obtain a business license.

5.02.050 - Application for License; Renewal#

Information Required. It shall be the responsibility of any person or entity engaging in business within the Town to voluntarily apply for an initial business license. The application shall be submitted to the Town Clerk on a form provided by the Town which shall contain the following information: business name, general description of business to be engaged in, mailing address, phone number, date of birth, social security number, all names of individuals involved in the ownership of the business and such other information as the Town Clerk shall deem reasonable and necessary.

Application Voided. A business license application that has not had all required items submitted and approved and the license issued within six (6) months of application date shall be considered void and a new application and fee will be required.

Renewal. Any person or entity holding an active business license, except where otherwise specified in this Chapter, shall be granted the opportunity to obtain a renewal license. The Town Clerk shall issue notices of renewal to eligible businesses forty-five (45) days before the expiration date on such form as the licensing officer may direct. Any licensee wishing to obtain a renewal license shall verify the accuracy of the information regarding the business as requested on the renewal form and shall attest to the accuracy of said information by affixing his/her signature to the form. The signed renewal form shall be returned with the appropriate license fee to the Town Clerk. Any licensee no longer engaging in business within the Town limits and therefore not wishing to obtain a renewal license shall indicate such intentions on the renewal form, attesting with his/her signature, and return such form to the Town Clerk.

5.02.060 - License Fee#

Fee Imposed. There is hereby imposed and levied a license fee on the business, location, trade, calling or profession for every person engaged in a business within the Town, which shall be established by resolution and which may be changed from time to time. Except for bona fide charitable organizations holding a valid Section 501(c)(3) designation from the Internal Revenue Service, every person or entity engaged in business in the Town shall be required to pay a business license fee on an annual basis. Business license fees required by this Chapter must be paid in addition to any other fees imposed on a particular business or type of business by any other Town Ordinance.

Inspections Required. Notwithstanding the provisions of this Section, if, due to the nature or location of the person's business, state or local law or regulation require that fire and safety inspections be conducted of the premises by representatives of the local fire authority, to wit; the Hurricane Valley Fire District or the Utah State Fire Marshal, prior to allowing the person's business to be conducted thereon, then the person shall be assessed and shall pay to the Town, in advance, an inspection fee, as established by resolution, to help defray the costs of such inspection(s).

Rebate of Fee. No rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of location or type. Annual license fees shall be refunded only by reason of denial by the Town Clerk of the license application.

5.02.070 - License Term and Payment Dates#

New (First Year) and Renewal Licenses. Except as provided in Subsection B of this Section, the annual license shall date from January l of each year and shall expire on December 31 of each year.

Initial Applications After October 31. A business license granted by the Town to an applicant, pursuant to an application for a new business license application submitted after October 31 shall extend and be in force (without additional fee) until December 31 of the year following such application.

Inspections Made. Notwithstanding the provisions of Subsections A and B of this Section, no license shall be granted and validly in force until any and all required inspections have been made, all Town administrative approvals have been given, and all licensing and delinquency related fees (including any such unpaid fees from prior years) are paid by the applicant.

Payment Date on Renewal Licenses. Except as provided in Subsection E, of this Section, annual licensing fees shall be due and payable on or before December 31 of the year immediately prior to year for which the business license is applicable and in force; and shall become delinquent if not paid, in full, prior to February 1 of the year in which the business license is applicable and in force.

Payment Date on Initial Licenses. Payment for initial business licenses are due and payable at the time of application therefor; and no license shall be issued until such payment is made. There is no grace period for the payment of such fees wherein business may lawfully be transacted.

Delinquency Fees, Civil Penalty and Collection Costs:

Delinquency Related Fees: Delinquency related fees shall mean and include any fees and costs provided for in this Subsection C.

Late Fees: Any license not renewed and paid for (in full) prior to the date that it becomes delinquent, shall incur a late fee, which shall be established by resolution and which may be changed from time to time. No license may be issued until such fees are paid in full.

Enforcement: The failure to pay fees provided for under this Chapter and/or otherwise engaging in business without the required business license further subject(s) the applicant to the assessment and required repayment, by the applicant, of enforcement costs incurred by the Town or otherwise attributable to such delinquency and/or illegal conduct including costs and a reasonable attorney fee.

5.02.080 - Certificate of License#

Content. All certificates of license shall be signed by the Mayor, attested by the Town Clerk, and shall contain the following information:

The name of the person to whom such certificate has been issued.

The amount paid.

The type of business.

The date of expiration.

The place where such business, calling, trade or profession is to be conducted.

Display. Every certificate of license issued under this Chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person, ready to be shown upon request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.

5.02.090 - Transfer of License Prohibited#

No license granted or issued under any ordinance of this Town shall be assigned or transferred to any other person or entity. It shall not be deemed to authorize any person or entity other than the person or entity named therein to do business or to authorize any other business, calling, trade or profession than is named therein. No license issued pursuant to this Chapter be transferred to any location not named therein without the licensee first having applied for a change in business location on such form as directed by the Town Clerk. A new application foe shall be required to process the application. If the address change occurs at time of renewal, only the regular renewal fee shall be assessed. Upon approval of a business location change, the Town Clerk will issue a new license showing the approved location and shall thereby nullify the previously issued license.

5.02.100 - Branch Establishments#

A separate license must be obtained for each separate place of business in the Town and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing places used in connection with or incident to a business licensed under this Chapter shall not be deemed to be separate places of business or branch establishments.

5.02.110 - Reciprocal Recognition; Delivery of Goods#

No license shall be required for operation of any vehicle or equipment in the Town when:

Such vehicle is merely passing through the Town.

Such vehicle is used exclusively in intercity or interstate commerce.

No license shall be required by this Chapter of any person whose only business activity in the Town is the mere delivery in the Town of property sold by him at a regular place of business maintained by him outside the Town where:

Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and

The authority licensing such business grants to licensees of the Town making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this Section; and

Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of the Town for compliance with health or sanitary standards prescribed by the Town.

The Town Clerk shall, at the request of any person, certify a copy of this Section to any municipality or county of the state to which a copy has not previously been certified.

5.02.120 - Revocation or Denial of License#

Conditions. Any license issued pursuant to the provisions of this Chapter or of any other ordinance of the Town may be revoked and any application denied by the Town because of:

The failure of the licensee or applicant to comply with the conditions and requirements of this Chapter or any other ordinance of the Town.

Unlawful activities conducted or permitted on the premises where the business is conducted.

Fraud, misrepresentation or a false statement contained in the application for the license.

Fraud, misrepresentation or false statement made in the course of carrying on the business.

Conviction of any crime or misdemeanor involving moral turpitude.

Notice to Licensee. Prior to the revocation of a license, denial of a new application, or denial of an application to renew business license, the licensee or applicant shall be given written notice which shall state in substance that the Town Council intends to revoke the business license, deny the new application, or deny the application to renew, together with the reason or reasons therefor, at a regular or special meeting of the Town Council and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him, to cross examine witnesses and to present evidence as to why the license should not be revoked or the application denied. The regular or special meeting of the Town Council shall be at least ten (10) days and not more than thirty (30) days from the date such notice is sent. This Subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the Town, and such applicants need only be informed that their application has been denied.

5.02.130 - Penalty#

Any person failing or refusing to comply with any requirements of this Chapter, or violating any of the provisions of this Chapter, or knowingly misrepresenting to the Town Clerk or authorized agent any material fact in procuring any business license or renewal thereof, or who fails or refuses to comply with or violates any of the conditions or restrictions of any license issued hereunder, shall be guilty of a class B misdemeanor for each day such violation shall continue and subject to the penalty provisions provided in this Town Code.

5.06 Temporary Uses and Events Permits#

5.06.010 - Allowed Temporary Uses#

The following temporary uses are allowed subject to the issuance of a temporary use permit and the regulations established herein: A.

Nonprofit Fundraising Activities. Any and all offering of products and services conducted as fundraising activities by a recognized nonprofit group or organization subject to the following limitations:

One event up to seven (7) consecutive days in duration per six (6) month period if the products or services are offered for sale in a temporary structure or at a temporary site.

In addition to the above, six (6) events of up to three (3) consecutive days in duration may be conducted during the calendar year.

Such fundraising activities shall be conducted in accordance with all other applicable ordinances, codes and laws of the town and the state.

Organized Outdoor Events. Educational, historic, religious and patriotic displays or exhibits, outdoor concerts, athletic or recreational events, festivals, street fairs, outdoor arts and crafts fairs and other organized events:

The fee for such outdoor event is to be set by the Town Council.

No single event shall exceed four (4) consecutive days.

Accessory Parking Facilities. Parking facilities which serve either other temporary uses or serve lawfully established uses on a temporary basis and which are subject to the following limitations:

Accessory parking facilities associated with other temporary uses shall be permitted an additional day on either side of the event or use with which they are associated, not to exceed a total of six (6) consecutive days, to allow for preactivity preparation and post activity cleanup.

Accessory parking facilities associated with lawfully established uses may be allowed for special circumstances which render the regularly provided off street parking insufficient. The duration of use of accessory parking facilities permitted under this section shall not exceed three (3) months.

When no reasonable alternative exists, required parking may be provided on an unfinished grass or dirt surface, any damage to which shall be repaired by applicant immediately following event.

5.06.020 - Application#

An application for a temporary use permit shall be filed with the Town of Virgin at least thirty (30) days prior to the event, and shall contain the following required information, as applicable: A.

Name of the applicant and organizational affiliation;

Notarized statement of ownership, or pennit or letter of authorization from the owner of the property on which the use is proposed to be located;

Cover letter describing the project or event;

Existing zoning of site and contiguous properties;

A narrative description of contiguous uses;

Location of existing structures on adjacent property;

Site plan, drawn to scale, showing proposed locations and uses of all temporary structures;

Estimate of the number of attendees expected;

The date of the event, activity or installation of such temporary structures;

The date that the event, activity or occupancy of all temporary structures shall cease.

5.06.030 - Standards#

Prior to the issuance of a temporary use permit by the Town Clerk or other designated official, the Town shall find:

That the use is temporary and impermanent;

That the use will not create a nuisance, hazard or interfere with neighboring properties and enjoyment thereof;

That the location will not create a traffic hazard or parking problem in the right of way and that parking is available on-site or at satellite locations by separate permit;

That all associated signs conform to the town sign regulations and will be temporary and impermanent;

Copies of health department approval where food items or food products are handled or sold, and in any other situation where health department standards apply;

Copies of UDOT approval shall be obtained if the event or activity will utilize the SR-9 right of way;

That the lot will be kept clean and free from litter and debris at all times;

That landscape and natural vegetation areas will not be injured or trampled and the liability for replacement of any damage which may occur shall be assumed by the applicant;

That adequate on-site sanitary facilities are available or shall be provided by the applicant;

10.

That the applicant shall have sufficient liability insurance for the requested use or event.

Blockage or closure of streets for events shall be avoided if possible. Street closure, if deemed necessary, is subject to the specific approval of the Mayor or designated official. Traffic control, if necessary, shall be provided at the expense of the applicant.

If any street or road within the town is to be utilized in an athletic or other event, or is to be closed, applicant is required to provide noticing materials to the town for public display in all ordinary posting places, including the town website. These advertising materials shall give estimated start and end times of event and, if applicable, street closure.

5.06.040 - Revocation of Permit#

Temporary use permit shall be revoked and the said use immediately ceased in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.

5.06.050 - Business License Required#

Temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.

5.06.060 - Fees#

In order to offset a portion of the costs incurred by the town in processing temporary use permits, a fee shall be charged as established by resolution of the Town Council.

5.06.070 - Deposit#

For events that utilize public property, a returnable deposit, not to exceed $5.00 per person likely to attend (as estimated by the official granting the temporary use permit), may be required, from which shall be subtracted the Town's cost of any repair, maintenance work, or emergency services necessitated by activities connected to the event.

5.10 - Alcohol Beverage Control#

5.10.020 - Definitions#

"Alcoholic Beverages" means "beer" "wine" and "liquor" as the terms are defined in Section 32A-l-5 Utah Code Annotated, 1953 as amended, and any amendments thereafter made thereto.

"Church" means a building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose, and which is tax exempt under the Laws of the State of Utah.

"Class A License" means a license entitling the licensee to sell beer as an "Off-site Retailer" which means any person operating a bona fide regularly established retail store selling beer together with other commodities, and engaged in the sale of beer only in the original package, to be taken away from the premises of the retailer and to be consumed off the premises.

"Class B License" means a license entitling the licensee to sell beer or wine in original containers of a siu not to exceed one (1) quart capacity for consumption on the licensed premises of a restaurant at which food sales constitute no less than 70% of the gross monetary receipts of the licensee's business and in connection with a license issued by the State of Utah to operate as on on-premise beer retailer. Premises where beer or wine is sold in connection with food preparation at the point of sale shall be included as Class B Licenses.

"Class C License" means a license entitling the licensee to sell beer or wine in original containers of a size not to exceed one (1) quart capacity for consumption on the licensed premises of a restaurant at which food sales constitutes no less than 700/4 of the gross monetary receipts of the licensee's business and in connection with a license issued by the State of Utah to operate as a restaurant liquor licensee.

"Class D License" means a license entitling the licensee to sell beer or wine in original containers or on draft in a quantity not to exceed two (2) liters and in connection with a license issued by the State of Utah to operate as a private club.

"Interdicted person" means a person to whom the sale, gift, or provision of an alcoholic beverage is prohibited by law or court order.

"Law Enforcement Agency" means the agency enforcing Federal, State and Town Laws and Ordinances on behalf of the Town of Virgin.

"Licensee" means any person issued a license by the Town to sell, store or allow consumption of alcoholic beverages on premises owned or controlled by the person.

"License Officer" means the business license officer of the city.

"Liquor" means alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than ½ of 1% by volume and is suitable to use for beverage purposes. ''Liquor'' does not include any beverage defined as beer, malt liquor, or malted beverage that has an alcohol content of less than 4% alcohol by volume.

"Low alcohol beer" or "non-alcoholic beer" means any product containing alcohol in an amount less than ½ of 1% by weight and obtained by fermentation, infusion, or decoction of malted grain. Low alcohol or nonalcoholic beer may or may not contain hops or other vegetable products.

"Minor" means any person under the age of 21 years of age.

"Off-Site Retailer" means any person operating a bona fide regularly established retail store selling beer or wine together with other commodities, and engages in the sale of beer or wine only in the original package, to be taken away from the premises of the retailer and to be consumed off the premises.

"On-Site Retailer" means any person operating a restaurant or other establishment where beer or wine is sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises.

"Package Agency" means any person permitted under a contractual agreement with the Utah Department of Alcohol Beverage Control to sell liquor for consumption off the licensed premises of the agency.

"Permittee" means any person issued a permit by the Town to perform acts or exercise privileges as specifically granted in the permit.

"Person" means any individual, partnership, firm, corporation, 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.

"Premises" means the area from which the license is authorized to sell, dispense, or serve beer or wine under the provision of the license.

"Privately hosted event" or "private social function" means a specific social, business, or recreational event for which an entire room, area, or hall has been leased or rented, in advance by an identified group, and the event or function is limited in attendance to people who have been specifically designated and their guests. "Privately-hosted event" or "private social function" does not include events or functions to which the general public is invited, whether for an admission fee or not.

"Residence" means the person's principal place of abode within Utah.

"Restaurant" means a place of business or business establishment where a variety of food is prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and whose primary purpose is the service of meals to the public.

"Sale" includes soliciting or receiving an order for, keeping or exposing for sale, delivering for value, peddling, keeping with intent to sell, and trafficking in.

"School" means any building used primarily for the general education of minors including nursery schools, infant day care centers, or trade or technical schools.

"Single Event" means a short period on-site consumption event.

"Town" means Town of Virgin, Utah.

"State Liquor Store" means an establishment authorized or permitted by the State to distribute liquor or similar alcoholic beverages.

"Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not other ingredients are added.

5.10.030 - License Required#

It shall be unlawful for any person to engage in the business of the sale of beer or wine or alcoholic beverages in any manner within the Town without first having procured a license therefore from the Town Council as hereinafter provided. A separate license shall be required for each place of sale, and the license shall at all times be conspicuously displayed on the premises. It shall be unlawful for a person to consume beer or wine or alcoholic beverage in a public place. All licenses shall comply with the Alcoholic Beverage Control Act of Utah, the regulations of the Alcoholic Beverage Control Commission, and all applicable Ordinances of the Town of Virgin.

5.10.040 - Retail License Permitted#

Retail beer licenses permitted in the Town of Virgin shall be off-site or on-site for restaurants. No license shall be issued for sale of alcoholic beverages other than beer or wine.

5.10.050 - Application for License#

An application for a license to engage in the business of a retailer of beer or wine within the Town shall be made in writing under oath on forms provided by the Town Recorder, and such application must state the applicant's name in full, and that the applicant has complied with the requirements and possesses the qualifications specified in the Section. If the applicant is a co-partnership, the names and addresses of all the partners must be stated, and if the applicant is a corporation, the names and addresses of all officers, directors, and shareholders owning more than 10% of the stock of the corporation must be stated. Applications by co-partnerships and corporations must be subscribed and sworn to the effect above stated, by all members in the case of a partnership, and by the president and secretary in the case of a corporation, attesting further to the fact there are no undisclosed ownership interests and that the parties shown as owners by the application do in fact have a valid and subsisting ownership interest as indicated. The application shall be accompanied by a certificate of at least five (5) persons to the effect that each of the said five (5) persons personally knows the applicant, that the applicant is an individual of good moral character, and that in the opinion of those residents the applicant is a fit and proper person to be granted a license.

5.10.060 - Qualifications of Licensee#

Every licensee hereunder shall be a bona fide citizen of the United States or a legal resident alien. If a partnership, each partner shall be a bona fide citizen or a legal resident alien of the United States. If a corporation, it shall be a domestic corporation or a foreign corporation which is qualified to do business in the State of Utah, and the corporation shall hold its license through an agent.

A corporation which conforms to the qualifications prescribed by Subsection A shall own the entire equitable interest in its license through an agent, provided the agent is otherwise qualified to hold a license under the provisions hereof. The agent shall be subject to the penalties prescribed for any violation of the Law relating to alcoholic beverages. Upon the death or resignation or discharge of an agent of a corporation holding a license, the license shall be assigned to another qualified agent selected by the corporation.

No license shall be issued to any person who, within one (1) year prior to application, has violated any provision of a licensee to sell alcoholic beverages or wine issued by the Town of Virgin or any other governmental agency, or has had such a license revoked. No license shall be issued to any person who within five (5) years prior to application, has been convicted of a felony. No corporation shall have its annual license issued or renewed unless it has on file with the Town Recorder list of its officers and directors and stockholders who own 10% or more of the corporation. No corporation shall have its license issued or renewed if any of its officers or directors or any stockholders who own 10% or more of the corporation have within five (5) years been convicted of a felony.

The Town Recorder shall request and receive criminal history record information from the Law Enforcement Agency within thirty (30) days after receiving such application, and the Law Enforcement Agency shall add thereto his recommendation as to the granting or denying of said application.

Either the Town Recorder or Town Council may require any person having an interest, direct or indirect, in any license or licensee to furnish a complete satisfactory set of fingerprints.

5.10.070 - Bond Required#

No license shall be granted by the Town Council until the applicant has posted a cash or corporate surety bond in the penal sum of $1,000.00, payable to the Town of Virgin. Each licensee must procure and maintain said bond for so long as the license is in effect. The bond shall be in the form approved by the Town Council conditioned upon the licensee's faithful compliance with this Section, the Utah Alcoholic Beverage Control Act and the rules and regulations promulgated by the Utah Alcoholic Beverage Control Commission for the State of Utah. No part of any cash or corporate bond so posted may be withdrawn during the period the license is in effect, or while revocation proceedings are pending against the licensee. A bond filed by a licensee may be forfeited if the license is finally revoked.

5.10.080 - Issuance and Transfer#

The Town Council shall issue a license for the retailing of beer or wine after satisfactory showing of the capability, qualifications and reliability of the applicant, and that the public convenience require that the best interests of the community will be substantially served by the issuance.

A license shall be to sell beer or wine only at the place and in the manner provided therein, and a separate license shall be issued for each specific business, each license specifying the exact location thereof.

No license for the sale of beer or wine shall be assigned, transferred or sold, except that in the sole discretion of the Town Council a transfer may be permitted upon a change of location where the owner remains the same. In either case, the same qualifications as to the location of premises or character of licensee shall apply, and the same fees will be required as in the case of an original issuance of license. No license for the sale of beer or wine shall be leased or subleased.

A license, which if not used by the licensee for a period of six (6) months, shall revert to the Town and shall no longer have any validity for sales.

5.10.090 - Fees#

A non-refundable application fee of two hundred and fifty dollars ($250.00) shall be submitted with any application for an original license. The fee payable for a change of agent shall be two hundred and fifty dollars ($250.00).

Beer License Fee. In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed upon the business location of every person engaged in the sale or dispensing of beer or wine following annual license fees, as follows:

Class A License $250.00

Class B License $250.00

Class C License $250.00

Class D License $250.00

If a license is issued on or after July 1st in any year, one-half (1/2) of the annual license fee shall be charged.

Applications provided for in this Section shall be accompanied by the fees set forth above. The fee shall be returned to the applicant if the application is denied.

5.10.100 - Renewals#

All applications for renewal licenses filed by the holders for existing licenses shall be filed with the Town Recorder at least thirty (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 the sale, dispensing or consumption of beer or alcoholic beverages until the date his/her new license is issued by the Town Council.

5.10.110 - Current Status of Other Charges#

No license herein provided shall be issued to any applicant who is in arrears in the payment to the Town of Virgin for his/her business license, or who is otherwise indebted to the Town. Failure to pay business license fees or other charges assessed by the Town for any reason promptly when due shall be the basis for revocation of a license issued hereunder.

5.10.120 - Department of Health Permit#

No license under this Section shall be issued until the applicant therefore shall have first procured from the 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 beer, wine or alcoholic beverages complies with all of the health regulations of the State of Utah.

5.10.130 - Certification of Employees; Condition of Premises#

The right to a license hereunder shall be conditioned at all times upon compliance with the following: A.

At the request of the Town Council, all applications filed in accordance with the provisions of this Subsection shall be referred the Law Enforcement Agency for inspection and report. The Law Enforcement Agency shall, when possible within thirty (30) days after receiving such application, make a report to the Town. The Law Enforcement Agency shall also add such report to his/her recommendation as to whether or not the application should be granted.

All licensed premises shall be subject to inspection by any officer/agent, and/or peace officer of the municipality, the Alcoholic Beverage Control Commission, and/or the State Board of Health, furnish to is samples of beer or wine which he shall have for sale or consumption. Any license granted pursuant to this Subsection may be revoked on a finding by the Town Council that the licensee has had ten (10) 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 the Utah Division of Health and has failed to comply with such health ordinance, rule or regulation. The Town Council may direct the Law Enforcement Officer for the Town of Virgin to close down any business licensed under this Subsection where the Board of Health has determined that continued operation of the business presents an eminent danger to the health of the community or person who may eat or drink at the business or establishment.

5.10.140 - Unlawful Act#

For a person to buy for resale, sell or deal in alcoholic beverages or wine without first having procured a license duly issued by the Town Council or otherwise complying with the provisions of this Subsection and the Alcoholic Beverage Control Act.

For any retail licensee to purchase beer or wine from any person other than a properly licensed business, in accordance with the provisions of this Subsection.

For a licensee or any employee or agent of a licensee to sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of or given to a person under the age of twenty-one (21) years to buy, receive, have in possession or consume, beer or any alcoholic beverage or wine.

Whenever a licensee or its employee has a question regarding the age of a customer seeking to purchase beer or wine or other alcoholic beverage, before making the sale, a record shall be made of the name, address, and drivers license number of the customer, and such record shall be retained from a period of one year following the date of the sale. Representations made by a customer shall not be admissible as a defense in any prosecution brought under Paragraph 3 unless such record can be produced by the licensee or person charged.

For a licensee to employ a person under the age of sixteen (16) years to sell or dispose of beer, wine or any alcoholic beverage.

For a licensee, when engaged in waiting on or serving a customer, to consume beer, wine or other alcoholic beverages, or to remain on or about the premises while in an intoxicated or disorderly condition.

For an employee of a licensee, during that employee's working hours or in connection with such employment to give to or purchase for any other person, accept a gift of, purchase for himself or consume beer, wine or any other alcoholic beverage.

For a licensee or other person to serve, sell or furnish beer, wine or alcoholic beverage to an intoxicated or disorderly person, or for a licensee or employee to allow or permit an intoxicated or disorderly person to come into or remain on or about the premises.

For an off-site retail licensee or an employee of such licensee to sell, dispose of, deliver or give beer or wine to a person between the hours of 1:00 am and 7:00 am.

For an off-site retailer to sell beer or wine except in original container or to permit beer to be consumed on the premises. The license of an off-site licensee permitting a violation of this Section the premises shall be subject to revocation.

For any person to furnish, provide or offer beer, wine or other alcoholic beverages to a person under the age of twenty-one (21) years of age.

For a person to advertise the sale of beer or wine except as may be expressly permitted by the Utah Alcoholic Beverage Control Commission, and except for the placement of a license issued under this Subsection in any location on or about the premises where it will be visible to the public.

For any license to purchase or acquire to have or possess for the purpose of sale or distribution or consumption any beer, wine or alcoholic beverage except that which shall have been lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Alcoholic Beverage Control Act.

For any licensee to permit or allow any of the above violations to occur in or upon the licensed premises, and such licensee may be liable in addition to an agent or employee, and shall constitute an offense of strict liability for any licensee.

For a person to consume beer, wine or alcoholic beverages in any place which is open to unrestricted use and access by the public, including but not limited to, any building or permanent structure owned or leased by the State, County or Town, Town street, roads and alleyways, State or County highways or roads, buildings and grounds used for school purposes, churches, parks, or playgrounds.

For a Liquor Store to be permitted or licensed.

5.10.150 - Advertisement#

It shall be unlawful to advertise the sale of beer, wine or alcoholic beverages except under such regulations as are made by the Alcoholic Beverage Control Commission of Utah, provided that a simple designation of the fact that beer or wine is sold under Town license may be placed in or upon the window or front of the licensed premises. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business.

5.10.160 - Revocation or Suspension#

The Town Council may suspend, revoke, refuse to renew, and the Town Recorder may suspend after a hearing, any license issued pursuant to this Subsection for any of the following reasons:

There occurs on the licensed premises repeated acts of violence.

The licensee fails to satisfactorily maintain the capability, qualifications and reliability requirements of an applicant for a license prescribed in this Subsection.

The licensee knowingly submits false or fraudulent material information on any application or document filed with the Departments.

The licensee is on the premises habitually drunk or under the influence of drugs.

The licensed business is delinquent for more than thirty (30) days in the payment of any fee or charge due to the Town of Virgin.

The licensee attempts to assign, transfer or sell a license in violation of this Subsection.

The licensee fails to keep for a period of two (2) years and make available to the Town upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of beer or wine.

The licensee is convicted of a felony.

The licensee violates or fails to comply with this Subsection, the Utah Alcoholic Beverage Control Act, or ceases to possess all of the qualifications required by this Subsection and the Alcoholic Beverage Control Act.

The request for a hearing must be made in writing to the Mayor or Town Recorder and made within thirty (30) days following the notice date denying, refusing, revoking, qualifying of restricting the beer or wine license, is mailed by the Town to the applicant or licensee at his/her address, as it appears on the application or license.

Following receipt of a request for a 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 witness the municipality may produce to support its decision and to present his/her own evidence in support of his/her contention. The Town Council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the Town Council. Such decision shall then be final for purpose of appeal.

Hearing before the Town Council shall be open to the public and informal, with technical rules of evidence not applying to the proceeding. The Town shall prepare an official record of the hearing, including all testimony recorded mechanically or stenographically and all exhibits introduced. The Town is not required to transcribe such record, except that, upon written request with proper notice prior to the hearing desired to be transcribed and receipt of a reasonable fee for transcribing such record the Town may transcribe the record or allow for its transcription by the person requesting it.

This Subsection shall not be construed so as to afford any aggrieved party more than one hearing before the Town Council nor shall the hearing provided for in this Subsection apply to any criminal complaint or proceeding.

5.10.170 - Penalty#

In addition to the suspension or revocation of a license authorized by this Section, the licensee or any other person who shall violate the provisions of this Section shall be guilty of a Class "B" misdemeanor and shall be punished by fine in an amount not to exceed one thousand dollars ($1,000.00) for each offense, or by confinement in the County Jail for a period of not more than six (6) months, or by both such fine and confinement.