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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#
A.
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.
B.
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.
C.
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.
D.
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.
E.
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#
A.
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.
B.
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.
C.
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.
D.
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.
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).
B.
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
C.
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.
D.
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.
B.
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#
A.
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.
B.
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.
C.
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.
1.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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#
A.
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:
1.
There occurs on the licensed premises repeated acts of violence.
2.
The licensee fails to satisfactorily maintain the capability, qualifications and reliability requirements of an applicant for a license prescribed in this Subsection.
3.
The licensee knowingly submits false or fraudulent material information on any application or document filed with the Departments.
4.
The licensee is on the premises habitually drunk or under the influence of drugs.
5.
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.
6.
The licensee attempts to assign, transfer or sell a license in violation of this Subsection.
7.
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.
8.
The licensee is convicted of a felony.
9.
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.
B.
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.
C.
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.
D.
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.
E.
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.