5.10.030 Licenses requiring local consent and licensing.
A. It is unlawful for any person, partnership or corporation to engage in the business of the sale, manufacture, wholesaling or warehousing of alcoholic beverages without first having obtained a license authorizing such activity. It is unlawful for any person, partnership or corporation to operate a business or conduct any activity, association or club which allows members, guests, visitors or other persons to purchase, possess or consume alcoholic beverages on the premises of a nonresidential facility without first having obtained a license authorizing such business or activity.
B. All licenses issued pursuant to this chapter shall comply with the Alcoholic Beverage Control Act of Utah (Section 32A-1-101 et seq. of the Utah Code), the regulations of the Utah Department of Alcoholic Beverage Control, and with the provisions of this chapter.
C. All licenses issued pursuant to this chapter shall be reviewed by and receive a positive recommendation from the planning division, fire department, police department, building division, and the Salt Lake Valley health department.
D. All licenses issued pursuant to this chapter shall comply with the distance requirements set forth by the Alcoholic Beverage Control Act of Utah (Section 32A-1-101 et seq. of the Utah Code). Due to the city’s fourth class city status as set forth by state law, the Utah Alcoholic Beverage Control Commission may, after full investigation and determination that the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in granting a license, following a public hearing, authorize a variance from the distance requirements to relieve the difficulties or hardships.
E. All licenses issued pursuant to this chapter shall at all times be conspicuously displayed to the public in the place to which it shall refer and for which it shall be issued.
F. The following retail licenses require local consent of Midvale City prior to submittal of an application to the Utah Alcoholic Beverage Control Commission:
1. Package agency.
2. Restaurant liquor. Restaurant liquor licenses grant the right to make available liquor, beer and wine to patrons of the restaurant. Sale of meals and food is the primary business purpose of the restaurant in accordance with Utah Alcoholic Beverage Control Commission rules and regulations.
3. Limited restaurant. Limited restaurant licenses grant the right to make available beer and wine to patrons of the restaurant. Sale of meals and food is the primary business purpose of the restaurant in accordance with Utah Alcoholic Beverage Control Commission rules and regulations.
4. On-premises banquet. On-premises banquet licenses grant the right of banquet facilities to make available alcoholic beverages to users of banqueting facilities. Sale of meals and food is the primary business purpose of the banqueting facility in accordance with Utah Alcoholic Beverage Control Commission rules and regulations.
5. Private club classes A, B, C, and D. Private club licenses of all classes grant the right to make available alcoholic beverages to patrons.
6. Special use permit. Special use permit licenses grant the right to purchase, store, sale, use, consume, or manufacture alcoholic products for limited purposes in accordance with the rules stated in the permit issued by the Utah Alcoholic Beverage Control Commission. The following persons or organizations are eligible for a special use permit: sacramental wine permit to a church or religious organization, industrial or manufacturing use permit to a person or organization engaged in an industrial or manufacturing pursuit; scientific or educational use permit to a person or organization engaged in a scientific or educational pursuit; health care facility use permit to a hospital or health care facility; and public service permit to an operator of an airline, railroad, or other public conveyance.
7. Single event permit. Single event permits are available to a bona fide corporation, church, political organization, or incorporated association or to a recognized subordinate lodge, chapter or other local unit thereof that is conducting a convention, civic, or community enterprise. The single event permit shall authorize local consent for the issuance of a single event permit by the Commission for a period not to exceed seventy-two hours. The same organization, corporation, church, or political organization, or subordinate lodge, chapter, or other local unit thereof may be issued local consent for a single event no more than two times in a calendar year. The proximity limitations identified in this section do not apply to single event permits.
8. On-premises beer retailer. On-premises beer retailer licenses grant the right to make available beer to patrons of the restaurant. Sale of meals and food is the primary business purpose of the restaurant in accordance with Utah Alcoholic Beverage Control Commission rules and regulations.
9. On-premises beer retailer—tavern. On-premises beer retailer—tavern licenses grant the right to make available beer to patrons.
G. Licenses for the retail sale of beer for off-premises consumption are issued by Midvale City following review and approval of an application submitted in accordance with this chapter.
H. Local consent for alcoholic beverage manufacturing permits, including winery, distillery, and brewery licenses is issued by Midvale City following review and approval of an application submitted in accordance with this chapter including any required conditional use permits issued by the planning and zoning commission, department of planning and/or board of adjustment in accordance with Title 17.
I. Local consent for warehousing permits is issued by Midvale City following review and approval of an application submitted in accordance with this chapter including any required conditional use permits issued by the planning and zoning commission, department of planning and/or board of adjustment in accordance with Title 17.
J. Local consent for beer wholesaling permits is issued by Midvale City following review and approval of an application submitted in accordance with this chapter including any required conditional use permits issued by the planning and zoning commission, department of planning and/or board of adjustment in accordance with Title 17.
K. A licensee required by state law to obtain permission from the city to engage in a business involving alcoholic beverages must obtain one of the foregoing licenses in addition to the regular business license issued by the city. Issuance of one of the foregoing licenses acknowledges the city’s consent that the licensee apply for and receive the appropriate license from the Utah Department of Alcoholic Beverage Control. The regular business license issued to a business is not to be deemed permission by the city to engage in business involving alcoholic beverages.
L. The issuance of a license pursuant to this chapter shall grant only a mere revocable privilege to sell, dispense and allow patrons to consume alcoholic beverages on the licensed premises, as provided in this chapter and the law of the state and shall not confer any vested rights of any kind or nature upon a licensee.
M. Each license or permit granted under authority of this chapter shall expire on the date indicated for the expiration of the general business license of the licensed premises, as provided in this code. Each temporary license shall expire at eleven fifty-nine p.m. on the last day stipulated for said temporary license.
N. Licenses issued pursuant to this chapter shall not be transferable.
O. It is a class B misdemeanor for any person, business or corporation to engage in the business of selling beer, liquor or any alcoholic beverage at retail or wholesale in a package, draft or mixed, without first having procured a license as set forth in this chapter and paid the license fee required by this chapter.
P. It is a class B misdemeanor for any person, business or corporation to sell beer or liquor after the revocation of any license issued pursuant to this chapter.
Q. Existing, properly licensed businesses shall not be made to comply with the provisions of this chapter. All applications for new licenses, including former licensees who may apply after revocation or expiration of a license, shall be required to comply with all provisions of this chapter. (Ord. 10/28/2003O-12 (part))