5.10.040 Application for local consent and alcoholic beverage license.
A. On-Premises Beer Retailer. Tavern and private club classes A, B, C, and D licenses authorized by this chapter shall be approved by the city council. Renewals of the aforementioned licenses and all other alcoholic beverage licenses governed by this chapter shall be approved by the mayor subject to the applicant meeting all requirements of this chapter.
B. The license application shall be upon a form or forms furnished by the city and signed by the applicant. The application shall contain the following information:
1. The applicant’s name in full;
2. Certification that the applicant has complied with the requirements and possesses the qualifications specified in the Utah State Alcoholic Beverage Control Act;
3. A site plan showing the location of the premises proposed to be licensed;
4. The name and address of all partners or corporate officials if the applicant is a partnership, association or corporation. If the applicant is a partnership, association or a corporation, the same information shall be obtained with respect to each registered agent, partner, association member or corporate officer and director, although the application need only be signed by the single partner, member or officer;
5. Original background check documentation for the applicant. If the applicant is a partnership, association or a corporation, the same information shall be obtained with respect to each partner, association member or corporate officer and director. Background documentation shall be obtained from BCI. In the event of a renewal, all new owners, partners, association members and/or corporate officers and directors shall provide original background documentation as part of the renewal application. Every five years, original background documentation shall be required for all owners, partners, association members and/or corporate officers and directors;
6. A signed and notarized statement under oath that the facts included in the application are true;
7. Photocopies of the written policies, procedures, training materials and other methods which will be used to ensure compliance with the local and state laws relating to the marketing and sale of alcoholic beverages; and
8. Such other information as may reasonably be requested by the city.
C. If the premises for which a license is requested is to be new construction, an application for a license may be made only after a building permit for the premises to be licensed has been granted and construction begun. The city shall process the license application in a timely manner such that the license application is considered by the city council, if required, in order for the business to have a license prior to the reasonably anticipated opening of the premises to be licensed.
D. The application for each license shall be accompanied by the amount of the license fee required by this chapter. Fifty percent of the required license fee will be returned to the applicant if the applicant is denied a city or state license for reasons other than those relating to minimum age requirements, moral character, and/or criminal history. Partial refund is the disproportionate impact portion of the required fee.
E. All applications filed in accordance with the provisions of this chapter shall be referred to the following for review and recommendation:
1. The chief of police;
2. The fire chief;
3. The director of community and economic development; and
4. The city attorney.
F. Following review and in the event of positive recommendations from the above-listed functions, the application shall be submitted to either the city council or the mayor for approval in accordance with this chapter.
G. All applications for renewal licenses filed by the holders of existing licenses shall be filed with the city at least thirty days prior to the expiration date of the then-issued license.
H. Renewal applications shall undergo the same review as a new license. Any person that 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 any and all business relating to the sale of beer or liquor until such date as this new license is issued pursuant to this chapter. Applications for licenses not filed before the expiration date will be considered to be an application for a new license and the applicant will pay the fee and meet all other requirements for a new license. (Ord. 11/20/2007O-16 § 1 (part); Ord. 10/28/2003O-12 (part))