Chapter 5.15
ALCOHOLIC BEVERAGES
Sections:
5.15.010 City exercise of police power.
5.15.040 Business location inspections.
5.15.050 Operational restrictions.
5.15.070 Administrative regulations.
5.15.120 Application and disclosure.
5.15.130 Notice of change of information on license.
5.15.160 Class B license – Maintenance of records – Bond required.
5.15.170 Suspension and revocation.
5.15.010 City exercise of police power.
This chapter is an exercise of the police powers of the city for the protection of the public health, peace, safety, welfare, and morals, and for the regulation of the sale, service, storage, manufacture, distribution, and consumption of alcohol products. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-10.]
5.15.020 Policy.
It has been and is the policy of the city to neither promote nor encourage the sale or consumption of alcoholic beverages, but to license, tax and regulate the sale or other distribution of alcoholic beverages and protect the public interest, including the rights of citizens who do not wish to be involved with alcoholic products. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-11.]
5.15.030 Definitions.
Unless otherwise indicated, the definitions found within the Utah Alcoholic Beverage Control Act, Section 32A-1-101 et seq., Utah Code Annotated 1953, are incorporated in this title as though set forth in their entirety. In addition to these definitions, the following words and phrases used in this title shall have the following meanings unless a contrary meaning is clearly indicated:
“Alcoholic beverage” means and includes beer and liquor as they are defined in this section.
“Applicant” means any person or individual applying for a license under this chapter. If the application is made by a corporation, partnership, limited partnership, individual or entity doing business under an assumed name, each partner, principal, officer, director, manager, assistant manager, and any shareholder (corporate or personal) of more than 20 percent of the stock of the business entity shall also be considered an applicant. Any holding company or any entity holding more than 20 percent of any company or partnership applying for a license shall be considered an applicant for purposes of this chapter.
“Application” means the completed forms provided by the city recorder with all attachments required by this chapter for the issuance of a permit or license.
“Beer,” “light beer,” “malt liquor,” and “malted beverage” mean any beverage containing 63/100 of one percent of alcohol by volume or one-half of one percent of alcohol by weight, but not more than four percent of alcohol by volume or 3.2 percent by weight. Beer may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages, or malted coolers.
“Licensed premises” means any building, enclosure, room or equipment used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic beverages, unless otherwise defined in this section.
“Licensee” means any person holding a license issued pursuant to this chapter. If a corporation, partnership, limited partnership, individual or entity doing business under an assumed name is named on the license, each partner, principal, officer, director and any shareholder (corporate or personal) of more than 20 percent of the stock of the business entity shall be considered a licensee. Any holding company or any entity holding more than 20 percent of any company or partnership which holds a license under this chapter shall be considered a licensee for purposes of this chapter.
“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 liquid, which contain more than one-half of one percent of alcohol by volume which is suitable to use for beverage purposes; except that the term shall not include any beverage defined as beer, malt liquor or malted beverage that has an alcohol content of less than four percent alcohol by volume.
“Minor” means any person under the age of 21 years.
“Person” includes any individual, firm, partnership, 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 context.
“Sell,” “sale” and “to sell” mean any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as principal, proprietor, or as an agent, servant or employee, unless otherwise defined in the alcoholic beverage control act or regulations adopted by the Utah Alcoholic Beverage Control Commission. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-12.]
5.15.040 Business location inspections.
The licensed premises shall be subject to the inspection of any officer, agent or peace officer of the city, the Salt Lake Valley health department, the Utah Department of Alcoholic Beverage Control, and the Utah State Board of Health, or any other person or agency authorized by local, state or federal law to conduct such an inspection. The licensee shall, at the request of such authorized officer, furnish to it samples of beer which the licensee holds for sale. Failure to allow an authorized inspection is grounds for revocation of a business license. [Amended during 2011 recodification; Ord. 5-8-07-1 § 1. Code 1997 § 9-4-13.]
5.15.050 Operational restrictions.
(1) Each person granted a license under this chapter and the employees and management personnel of the licensee shall comply with the following conditions and requirements. Failure to comply with the following provisions may result in a suspension or revocation of the license or other criminal action taken against the business or individual:
(a) The licensee of a class A retail beer license may not allow beer to be sold for off-premises consumption in original containers having a volume greater than two liters. The licensee of a class B retail beer sales license or a restaurant liquor license shall comply with the operational restrictions pertaining to restaurant liquor licenses under the Utah Alcoholic Beverage Control Act.
(b) A patron or guest may only make purchases in the on-premises beer retailer licensee from a server designated and trained by the licensee.
(c) Beer may not be sold or offered for sale after 1:00 a.m. and before 7:00 a.m., or, as to on-premises licensees, before 10:00 a.m.
(d) Beer may not be sold, delivered or furnished to any:
(i) Minor.
(ii) Person actually, apparently or obviously drunk.
(iii) Known interdicted person.
(e) Unless the premises operates under a restaurant liquor license by the state of Utah, a person may not bring onto the premises of the licensee any alcoholic beverage for on-premises consumption, nor may an on-premises licensee, or its officers, managers, employees or agents, allow a person to bring onto the licensee’s premises any alcoholic beverage for on-premises consumption or allow consumption of any such alcoholic beverage on its premises.
(f) Persons under the age of 21 years are not allowed to participate in the sales transaction of alcoholic beverages.
(g) An employee of a licensee, while on duty, may not consume an alcoholic beverage or be under the influence of alcoholic beverages.
(h) The licensee shall display in a prominent place in the licensed premises a sign in large letters stating:
Warning: The consumption of alcoholic beverages purchased in this establishment may be hazardous to your health and the safety of others.
(i) Beer may not be sold at discount prices.
(j) Beer may not be purchased by the licensee or any agent or employee of the licensee for patrons or guests of the licensed premises.
(k) Beer must be obtained from a licensed wholesaler.
(l) Beer must be segregated from other beverages in the display case.
(m) At each point where beer is displayed for sale, and at each cash register and other location where the sale is consummated, a notice shall be displayed indicating that:
(i) The purchase and/or consumption of beer by persons under the age of 21 years are unlawful.
(ii) Having an open container of beer in a motor vehicle while on the public street is unlawful.
(iii) The purchasers of beer will be expected to produce identification. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-14.]
5.15.060 Criminal penalties.
In addition to revocation or suspension of a license, any entity or individual who violates any provision of this chapter shall be guilty of a class B misdemeanor. Any fines imposed under this section may be deducted from the cost bond posted pursuant to this chapter unless paid within 10 days of notice of the fine. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-15.]
5.15.070 Administrative regulations.
The city manager may prepare and promulgate such administrative forms and regulations, not inconsistent with the provisions of this chapter, as are necessary to carry out the purposes of this chapter. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-16.]
5.15.080 Required.
(1) It is unlawful for any person to sell alcoholic beverages without first having obtained a license authorizing such activities. It is unlawful for any person to operate a business or conduct any activity, association or club which regularly allows members, guests, visitors or other persons to possess or consume alcoholic beverages on the premises of a nonresidential facility, without first having obtained a license as provided in this chapter.
(2) All licenses issued pursuant to this chapter shall comply with the Alcoholic Beverage Control Act, Section 32A-1-101 et seq., Utah Code Annotated 1953, the regulations of the State Department of Alcoholic Beverage Control, and with the provisions of this chapter.
(3) Licenses issued by the city under this chapter shall be of the following classes and carry the following privileges:
(a) A class A retail beer sales license authorizes the licensee, in accordance with the provisions of this chapter, to sell beer at the licensed premises in original containers for off-premises consumption if such sale constitutes less than 40 percent of the total sales (in dollar volume) made upon the premises.
(b) A class B retail beer sales license authorizes the licensee, which must be a restaurant, hotel, cafeteria, bowling center, golf course snack shop or other public eating place which furnishes meals in good faith to its guests and patrons, in accordance with the provisions of this chapter, to sell beer at retail in original containers or on draft for consumption on the licensed premises. When such beer is purchased at a restaurant, hotel, cafeteria or other public eating place, exclusive of a bowling center or golf course snack shop, the beer must be purchased in conjunction with the purchase of a bona fide meal which will also be consumed on the premises. For the purposes of this license, a “meal” is defined as the quantity of food of such nature as is ordinarily consumed by an individual at regular intervals for the purpose of sustenance in the dining rooms of hotels, restaurants, cafeterias and other public eating houses where meals are regularly served at tables or counters. A class B retail license may not be issued to a business which primarily engages in the sale of fast foods. For the purposes of this chapter, a business shall be deemed to primarily engage in the sale of fast foods if two or more of the following criteria are met:
(i) More than 25 percent of the total dollar volume of sales are food and drink merchandise not consumed by the customer on the premises.
(ii) The business contains a take-out window by which customers, while still within their vehicles, may order and receive the food and drink merchandise without actually entering the enclosed building in which the licensed business operates.
(iii) More than 25 percent of the total dollar of sales for food and drink merchandise are served upon or in disposable materials (such as paper plates, paper cups, plastic utensils).
(iv) The seating places for customers eating on the premises are not significantly separated from the place where other customers waiting to order will be located.
(c) The mayor may issue consent to a state restaurant liquor license for businesses located in this city. Restaurant liquor license issuance shall be determined by the state of Utah Department of Alcoholic Beverage Control and shall entitle the licensee to only those privileges they may have by virtue of having been issued a state liquor license and shall thereafter exercise the privileges granted them under the Utah Alcoholic Beverage Control Act only as they are in harmony with the state license issued and with city code. A local consent to a state liquor license is required prior to the state’s original and annual consideration for licensure. Such local consent will not be granted until the applicant has met all applicable city and state requirements.
The mayor may prescribe by policy, as consistent with state law, the general operational requirements of consentees relating to:
(i) Physical facilities;
(ii) Other matters considered appropriate by the mayor as they are allowed by state law.
(4) Other than the licenses listed in subsection (3) of this section, no license or consent will be given to authorize the sale of beer or liquor within the city with the exception of any license that was in existence on the date of passage of the ordinance codified in this chapter, which license may be maintained and continued by the license holder so long as the license holder complies with the provisions of this chapter and the Utah Alcoholic Beverage Control Act.
(5) A person must obtain one of the licenses referred to in this section in addition to the regular business license issued by the city and any licenses required by state or federal law. The regular business license issued to a business is not to be deemed permission by the city to engage in business involving alcoholic beverages.
(6) The issuance of a license pursuant to this chapter shall grant only a revocable privilege under the provisions of this chapter and the laws of the state and shall not confer any vested rights of any kind or nature upon a licensee.
(7) Licenses issued under this chapter are not transferable. A licensee transferring his business is not entitled to a refund of the license fee paid unless the license fee was paid and the request for refund was made prior to the commencement of the license year. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-17.]
5.15.090 Display and number.
A separate license shall be required for each premises where beer will be sold. It shall be unlawful for any business required to be licensed under this title to fail to display the license granted pursuant to this chapter in a prominent location within the business premises. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-18.]
5.15.100 Term.
(1) A license issued pursuant to this chapter shall be valid from the date of issuance through December 31st of the year in which the license was issued.
(2) Any license issued pursuant to this chapter will expire no later than 10 days following the continuous closure or cessation of business operations for which the license was issued, except when cessation or closure is required to repair damages caused by flood, fire, earthquake or other natural disaster, or when a temporary suspension is ordered by the state of Utah, or any political subdivision of the state.
(3) The license fees required under this chapter shall not be prorated for any portion of a year but shall be paid in full regardless of the portion of the year the license is applied for.
(4) Upon the yearly renewal of each license, the licensee shall be required to verify, under oath, that all current employees have received training as approved by the city on the written policies, procedures and laws relating to the marketing and sale of alcoholic beverages. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-19.]
5.15.110 Restrictions.
(1) No class A retail beer license shall be granted to any applicant unless the licensee can reasonably show that not more than 40 percent of the retail sales will be beer. Retail sales of beer will not constitute more than 40 percent of total sales (in dollar volume) made upon the premises. The licensee will, upon request, furnish certified documents substantiating such sales.
(2) Class B licenses, and consent for restaurant liquor licenses, shall not be granted to a business located or proposed to be located as follows:
(a) Within 600 feet of any religious facilities, schools, public parks, day care centers or sexually oriented businesses as measured from the main entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular traffic along public thoroughfares, whichever is closer, to the property boundary of the religious facility, school, public park, day care center or sexually oriented business;
(b) Within 250 feet of any residences measured from the main public entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular traffic along public thoroughfares, whichever is closer, to the property boundary of the residence; or
(c) Within 200 feet of any religious facilities, schools, public parks, day care centers or sexually oriented businesses, measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the religious facility, school, public park, day care center or sexually oriented business.
(3) After all other application requirements are met and approved by the business license coordinator, a class B license applicant wishing to request a variance by the city council from the proximity distance requirement stated in this section must comply with the following requirements:
(a) Advertising. Subject to review of the business license coordinator, the applicant shall cause notice of a public hearing to be published once a week for three consecutive weeks in a newspaper of general circulation. At a minimum, the advertisement shall state the date, time, location and reason for the public hearing.
(b) Notice to Property Owners and Tenants. Subject to review of the business license coordinator, an applicant must mail notices of public hearing stating the date, time, location and proposed nature of the applicant’s business, at least 10 days in advance of the hearing, to all property owners and tenants within 600 feet of the proposed premises and provide the city recorder with proof of such mailing and a sample of the notice.
(4) After satisfying the notice requirements, the city council shall hold a public hearing to consider the granting of the variance from the distance requirements stated in this section.
(5) No class A or class B beer license, or local consent for a restaurant liquor license, shall be granted to any applicant who:
(a) Has been convicted of or plead no contest to:
(i) A felony under any federal or state law;
(ii) Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages;
(iii) Any crime involving moral turpitude; or
(iv) Any misdemeanor conviction for crimes occurring within five years prior to the date of application. “Misdemeanor” shall not include minor traffic offenses. Any traffic offense designated as a class B misdemeanor shall not be construed as a minor traffic offense.
(b) Has had any type of license, agency or permit to sell liquor or beer revoked by any state, city or other state or local authority within the last five years.
(c) Is under the age of 21 years.
(d) Has failed to meet any other licensing requirement under this chapter. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-20.]
5.15.120 Application and disclosure.
(1) An applicant seeking a class A beer sales license within the city shall provide a written application on forms provided by the city. The application shall be accompanied by:
(a) The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name.
(b) If the applicant is a corporation, partnership, limited partnership, individual or entity doing business under an assumed name, submittal of the information required for individual applicants for each partner, principal, officer, director and any shareholder (corporate or personal) of more than 20 percent of the stock of any applicant. Any holding company or any entity holding more than 20 percent of an applicant shall be considered an applicant for purposes of disclosure under this chapter.
(c) Identification by all corporations, partnerships or unincorporated entities included on the application of each individual authorized by the corporation, partnership or unincorporated entity to sign the checks for such corporation, partnership or unincorporated entity.
(d) For all applicants, a statement of:
(i) Any other names or aliases used by the individual;
(ii) Age, date, and place of birth;
(iii) Present business address and telephone number (if applicable);
(iv) Present residence and telephone number; and
(v) Utah driver’s license, Social Security or identification number.
(e) Acceptable written proof that an individual is at least 21 years of age and a U.S. citizen.
(f) A statement of the business, occupation and employment history of the applicant for three years immediately preceding the date of the filing of the application.
(g) Copies of the written policies, procedures, training materials and other methods which the applicant will use to ensure compliance with the law relating to the marketing and sale of alcoholic beverages. The applicant must also sign a statement, under oath, verifying that all employees have been trained in these policies, procedures and laws.
(h) Any other information which the city may require to accurately evaluate the merits of the application.
(i) Nonrefundable application fee as may be established from time to time by resolution of the city council.
(2) An applicant seeking a class B beer sales license, or local consent for a restaurant liquor license within the city for consumption on the premises shall provide a written application on forms provided by the city. The application shall be accompanied by:
(a) The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name.
(b) If the applicant is a corporation, partnership, limited partnership, individual or entity doing business under an assumed name, submittal of the information required for individual applicants for each partner, principal, officer, director and any shareholder (corporate or personal) of more than 20 percent of the stock of any applicant. Any holding company or any entity holding more than 20 percent of an applicant shall be considered an applicant for purposes of disclosure under this chapter.
(c) Identification by all corporations, partnerships or unincorporated entities included on the application of each individual authorized by the corporation, partnership or unincorporated entity to sign the checks for such corporation, partnership or unincorporated entity.
(d) For all applicants, a statement of:
(i) Any other names or aliases used by the individual;
(ii) The age, date and place of birth;
(iii) Height;
(iv) Weight;
(v) Color of hair;
(vi) Color of eyes;
(vii) Present business address and telephone number (if applicable);
(viii) Present residence and telephone number;
(ix) Utah driver’s license or identification number; and
(x) Social Security number.
(e) Acceptable written proof that an individual is at least 21 years of age and a U.S. citizen.
(f) A statement of the business, occupation and employment history of the applicant for three years immediately preceding the date of the filing of the application.
(g) A statement detailing the license and permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including:
(i) Whether such applicant previously operated or was seeking to operate a business authorized to allow consumption of alcohol on the premises in this or any other county, city, state or territory.
(ii) Whether such applicant has ever had a license, permit or authority to do business denied, revoked or suspended.
(iii) In the event of any such denial, revocation or suspension, a statement of the date, the name of the issuing or denying jurisdiction, and the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.
(h) Disclosure of all misdemeanor criminal convictions or pleas of no contest for five years prior to the application date and all felony convictions or pleas of no contest, and the disposition of all such convictions or pleas of no contest for the applicant, individual or other entity subject to disclosure under this chapter. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a class B misdemeanor shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of no contest, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court; and providing the court identifying case numbers or docket numbers. Application for an alcohol business license shall constitute a waiver of disclosure of any criminal conviction or plea of no contest for the purposes of any proceeding involving the business or employee license. Each applicant will be required to sign a release authorizing the city to perform a criminal background check.
(i) Copies of the applicant’s business license (if available) and of the application to the state for a liquor license.
(j) A map drawn to scale showing evidence of proximity to any religious facilities, schools, public parks, day care centers, sexually oriented businesses or other businesses currently possessing any license which allows it to serve or sell liquor or beer.
(k) Evidence that the business is carrying dram shop insurance coverage of at least $100,000 per occurrence and $300,000 in the aggregate.
(l) A nonrefundable application fee as may be established by resolution of the city council.
(m) At least three character references who meet the following qualifications:
(i) The person giving the reference must have known the applicant for a minimum of five years.
(ii) The person giving the reference must be of good repute.
(iii) The person giving the reference may not be a relative of the applicant.
(n) A signed consent form provided by the applicant stating that the licensee will permit any representative of the city or any law enforcement officer unrestricted right to enter the licensed premises; provided, however, that such city representatives or law enforcement officers are engaged in law enforcement activities of the city pertaining to the sale of alcoholic beverages in Riverton City.
(o) Copies of the written policies, procedures, training materials and other methods which the applicant will use to ensure compliance with the law relating to the marketing and sale of alcoholic beverages. The applicant must also sign a statement, under oath, verifying that all employees have been trained in these policies, procedures and laws.
(p) A floor plan that shows the areas in which beer will be sold and areas which beer will not be sold, if any.
(q) Any other information which the city may require to accurately evaluate the merits of the application. [Amended during 2011 recodification; Ord. 5-8-07-1 § 1. Code 1997 § 9-4-21.]
5.15.130 Notice of change of information on license.
Any change in the information required to be submitted under this chapter for a business license shall be given in writing to the city recorder within 14 days after such change. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-22.]
5.15.140 Approval process.
(1) Original applications for a license under this chapter shall be made to the city recorder.
(2) Once the application is received, the city recorder’s office shall commence with an investigation and review of the application. The city recorder may submit the application to the proper authorities and departments for evaluation and review. Upon finding that any applications for class B licenses and applications for local consent to obtain a restaurant liquor license are complete, the city recorder shall forward the license application to the mayor for evaluation and review.
(3) If the city recorder determines that the application for a class A license is incomplete, or that the applicant fails to meet the criteria required by this title, the city recorder may deny a license. If the mayor determines that the application for a local consent for a restaurant liquor license or for a class B license is incomplete, or that the applicant fails to meet the criteria required by this title, the city recorder may deny the application. Decisions rendered by the mayor or the city recorder are appealable to the city council. If the city council determines that the application for a grant of local consent for a restaurant liquor license or for a class A or B beer license is incomplete, or that the applicant fails to meet any requirement of this title, the city council may deny the license. All decisions rendered by the city council for any class of license are appealable to the district court.
(4) If the city recorder, or the city council, as the case may be, determines that the application is complete and the applicant meets the criteria required by this title, the city shall approve the application. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-23.]
5.15.150 Fees.
The city recorder or his/her designee shall assess and collect fees for licenses issued pursuant to this chapter as may be set from time to time by resolution of the city council. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-24.]
5.15.160 Class B license – Maintenance of records – Bond required.
(1) All holders of a class B beer license shall maintain records which shall disclose the gross sales of beer and food purchases for the restaurant from all suppliers during the license year. Such records shall be available for inspection and audit by the city at any time during normal business hours after giving reasonable notice and shall be maintained for two years following the expiration of the license. Failure to properly maintain such records for such inspection and audit shall be cause for the suspension or revocation of the class B beer license. If any audit or inspection discloses that the sale of beer on the licensed premises is more than 40 percent of the gross retail sales for any six-month period during any license year, the license shall immediately be suspended and shall not be reinstated until the licensee is able to prove to the city council that in the future the sale of beer on the licensed premises will not exceed 40 percent of the gross dollar volume from sales.
(2) Each applicant for a class B license shall post with the city recorder a cash or corporate surety bond payable to the city in the amount of $5,000, which the licensee has procured and must maintain for so long as the licensee continues to operate the business.
(3) The bond shall be in a form approved by the city attorney’s office, conditioned upon the licensee’s faithful compliance with this chapter and all other state and federal laws.
(4) If the surety bond is canceled for any reason, a $300.00 reinstatement fee may be assessed. 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.
(5) A bond filed by a licensee may be forfeited if the license is finally revoked for violation of the Riverton City Code, or Utah law governing the supply of alcoholic beverages to the public.
(6) Any fines assessed against the business, officers or managers for violations of city ordinances shall be taken from this bond if not paid in cash within 10 days after notice of the fine. If funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to $5,000 within 15 days of the day of notice of any draw against it or the bonding requirement will be considered as unfulfilled.
(7) Failure of the licensee to post the bond required by this section shall be grounds for the denial, suspension or revocation of the licensee’s license. [Amended during 2011 recodification; Ord. 5-8-07-1 § 1. Code 1997 § 9-4-25.]
5.15.170 Suspension and revocation.
(1) Under the provisions of this title, the issuance of a license grants only a mere revocable privilege to sell beer and confers no vested rights of any kind or nature upon a licensee.
(2) Every license issued under this title may, in the discretion of the city council, be revoked or suspended:
(a) For any violation by the licensee or his employees of any provision of this or any other applicable ordinance or law relating to the possession, consumption, storage or sale of beer or alcoholic beverages. The licensee shall be responsible for the operation of the business in conformance with the ordinances of the city and it shall be grounds for revocation of the license if a violation of said ordinance occurs through an act of a licensee, operator, employer, agent, or person who is allowed to perform for patrons of the licensee’s business, whether or not said person is paid by the licensee for said performance, or any person who violates said ordinances with the consent or knowledge of the licensee or his agents or employees or the operator of the business;
(b) In the event that the licensee is no longer a fit person to hold said license under the standards herein set forth or in the event the licensee fails to retain the qualifications prerequisite for the issuance of said license;
(c) For fraud or misrepresentation of a material fact in the procurement of the license;
(d) For the violation by the licensee or any of his employees of any city ordinance or state or federal statute involving moral turpitude;
(e) Upon failure to pay when due any license fee levied;
(f) For the violation of city ordinance or federal or state statute relating to the business or activity licenses and resulting from the conduct of such business or activity;
(g) For any conduct or act of the licensee or his employees or any act committed by him or them on the premises or any act by his patrons where such business is conducted tending to render such business on such premises where the same is conducted a nuisance, a public nuisance or menace to the health, peace or general welfare of the city or its inhabitants; or
(h) For good cause shown.
(3) The revocation period shall be for at least one year after which the licensee may apply for a license under the conditions and terms then provided for by ordinance. Upon revocation, the annual license fee shall be forfeited to the city. If the license is revoked, no new application shall be considered by the governing body until expiration of the time period, in any event not less than one year, specified in the original order of revocation. A suspension shall be for a period not exceeding six months, following which the license shall be reinstated. Should the license be under suspension at the time the license would have otherwise been renewed or renewable, the license shall not be renewed until expiration of the period of time imposed on the original suspension.
(4) Before the license is suspended or revoked, the licensee shall be afforded an opportunity to be heard to show cause why the license should not be suspended or revoked. The hearing shall be before the city council. The city manager or his designee shall give at least 10 days’ notice of such hearing. The notice shall indicate the time, place and date of the hearing, its location, a statement of the purpose for the hearing and a reasonably definite statement setting forth the cause of grounds or a basis of any complaint. The notice shall be either personally served upon or mailed to the licensee at the address of the licensed premises at least 10 days prior to the hearing. At the hearing, the licensee shall have the right to appear personally and/or by counsel, to cross examine witnesses appearing, and to produce evidence and witnesses in his behalf. After the hearing and upon due deliberation, the governing body shall notify the licensee of its findings and deliberation.
(5) The city council also reserves the right to not renew the license for any of the grounds stated in subsection (2) of this section.
(6) When a license issued pursuant to this chapter is revoked, the revocation shall continue for a period of not less than one year from the date of the revocation. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-26.]
5.15.180 Injunction.
An entity or individual who operates or causes to be operated a business without a valid license in violation of the provisions of this chapter is subject to a suit for an injunction in addition to the civil and criminal violations provided in this chapter and any other remedy available at law or in equity. [Ord. 5-8-07-1 § 1. Code 1997 § 9-4-27.]