CHAPTER 3
BEER AND LIQUOR SALES
Sections:
7-3-101 Definitions.
7-3-102 Retail License Required.
7-3-103 Licensed Brewer or Wholesaler.
7-3-104 Application for License.
7-3-105 Qualifications of Licensee.
7-3-106 Classes of Licenses.
7-3-107 License Fees.
7-3-108 Limitations on Licenses.
7-3-109 Revocation.
7-3-110 License Not Transferrable.
7-3-111 Restrictions on Sale.
7-3-112 Inspection.
7-3-113 Penalties for violations by a Permit holder.
7-3-114 Required Certificate of Completion from State Alcohol Training and Education Seminar.
7-3-115 Written Consent of Local Authority.
7-3-116 Alcohol Placement.
7-3-101 Definitions.
The following words and phrases used in this Chapter shall have the meaning herein ascribed to them, unless a different meaning clearly appears in the context:
(1) “Beer” means all products which contain 63/100 of 1% of alcohol by volume or one-half of one percent and not more than 4% of alcohol by volume or three and two-tenths percent alcohol by weight, and which are obtained by fermentation, infusion or decoction of any malted grain, and which may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages, or malt coolers
(2) (a) “Beer retailer” means any business establishment engaged, primarily or incidentally in the retail sale or distribution of beer to public patrons, whether for consumption on or off the establishment’s premises and that is licensed to sell beer by the Utah Alcoholic Beverage Control Commission, by the City pursuant to this Chapter, or both.
(b) “On-premise beer retailer” means any beer retailer engaged, primarily or incidentally, in the sale or distribution of beer to public patrons for consumption on the beer retailer’s premises. It includes taverns.
(c) “Tavern” means any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment’s premises and that is licensed by the Utah Alcoholic Beverage Control Commission under Title 32A, Chapter 10, part 2, Utah Code Annotated 1953, as amended, and has a Class B or Class C beer license issued by the City pursuant to this chapter. “Tavern” includes beer bars, parlors, lounges, cabarets, and night clubs where the revenue from the sale of beer exceeds the revenue from the sale of food, although food need not be sold in such establishments.
(3) “Sell,” “Sale” and “to sell” means 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 a principal, proprietor, or as an agent, servant, or employee.
(4) The word “wholesaler” means any person other than a brewer or retailer engaged in the importation for sale or in the sale of beer in wholesale or jobbing quantities to retailers, other than a small brewer selling beer manufactured by that brewer.
(5) The word “convenience store” means any retail outlet of food and goods with a building size of less than 10,000 square feet.
(6) The word “supermarket” means any retail outlet of food and goods with a building size of 10,000 square feet or more.
(1968 Code 5-4-1: minor changes in phraseology made in codification 1979; 1979 Code 7-3-1; amended by Ordinance No. 24-91 and Ordinance No. 24-99; amended by Ordinance No. 3-01)
7-3-102 Retail License Required.
It shall be unlawful for any person to engage in the business of beer retailer, in bottles, or original containers, or draft, within the limits of the City without having first procured a license from the City as provided by this chapter; provided, however, that no license shall be granted to sell beer in any dance hall, theater, or in the proximity of any church or school. A separate license shall be required for each place of sale, and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Utah Alcoholic Beverage Control Act and the regulations of the Utah Alcoholic Beverage Control Commission.
(Statutory Authority UCA 32-4-17; 1968 Code 5-4-2; amended in codification 1979; 1979 Code 7-3-2; amended by Ordinance No. 24-91)
7-3-103 Licensed Brewer or Wholesaler.
It shall be unlawful for any licensee under this Chapter to purchase or acquire or to have or possess for the purpose of sale or distribution, any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the Utah Alcoholic Beverage Control Act.
(1968 Code 5-4-3; amended in codification 1979; 1979 Code 7-3-3; amended by Ordinance No. 24-91)
7-3-104 Application for License.
(1) All applications for licenses authorized by this Chapter shall be verified and filed with the Business License Official and shall state the applicant’s name in full and that he has complied with the requirements and possesses the qualifications specified in this Chapter and the Utah Alcoholic Beverage Control Act; and if the applicant is a partnership, the names and addresses of all partners; and if a corporation, the names and addresses of all officers and directors who hold at least twenty-percent (20%) of the issued and outstanding stock of the application corporation; and must be subscribed by the applicant who must state under oath that the facts contained therein are true, and if a corporation, that the applicant has proper authority from the corporation to act on the corporation’s behalf. The application must also state the name of any managing agent of the applicant. In addition, the applicant shall provide a copy of a background check received from the Bureau of Criminal Identification. Applicants must furnish all other information which may be required by the City Council.
(2) A supplemental application shall be filed on a yearly basis, on or before December 31, updating any changes in qualifications within the past year. Failure to notify the City of a change in ownership or change in the corporate officers or directors may result in suspension or revocation of the license.
(1968 Code 5-4-4; amended in codification 1979; 1979 Code 7-3-4; amended by Ordinances No. 24-91, 24-99, 4-00, 1-01, 3-01, 5-05, and 06-2007)
7-3-105 Qualifications of Licensee.
No license shall be granted to any applicant, partner, managing agent, or officer or director who holds at least twenty-percent (20%) of the issued and outstanding stock of the applicant corporation to sell beer at retail unless he shall be of good moral character, over the age of twenty-one (21) years, and a citizen of the United States, or to anyone who has been convicted of any felony or of any violation of any federal or state law or City ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages. No license shall be granted to any applicant, partner, managing agent, or officer or director who holds at least 20% of the issued and outstanding stock of the applicant corporation who has been convicted of any violation of any law or ordinance relating to alcoholic beverages, or of drunken driving, or of keeping a gambling or disorderly house in the last twenty-four (24) months.
No renewal of any license shall be granted to any applicant, partner, managing agent, or officer or director who holds at least 20% of the issued and outstanding stock of the applicant corporation to sell beer at retail unless he shall be of good moral character, over the age of 21 years, and a citizen of the United States, or to anyone who has been convicted of any felony or of any violation of any federal, or state law or City ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages. No renewal of any license shall be granted to any applicant, partner, managing agent, or officer or director who holds at least 20% of the issued and outstanding stock of the applicant corporation who has been convicted of any violation of any law or ordinance relating to alcoholic beverages, or of drunken driving, or of keeping a gambling or disorderly house in the last twenty-four months. However, upon payment of a triple licensing fee, a renewal of a license may be granted to any applicant, partner, managing agent, or officer or director who holds at least 20% of the issued and outstanding stock of the applicant corporation who has been convicted of one violation of any law or ordinance relating to alcoholic beverages, or of drunken driving, or of keeping a gambling or disorderly house in the last twenty-four months.
(1968 Code 5-4-5; amended in codification 1979; 1979 Code 7-3-5; amended by Ord. Nos. 24-99, 4-00, 3-01, and 5-05)
7-3-106 Classes of Licenses.
Retail licenses issued under this Chapter shall be of the following kinds and shall carry the following privileges:
(1) A Class “A” retail license shall entitle the licensee to sell beer on the licensed premises in the original containers for consumption off the premises in accordance with the Utah Alcoholic Beverage Control Act.
(2) A Class “B” retail license shall entitle the licensee to sell beer in the original containers for consumption on the premises in accordance with the Utah Alcoholic Beverage Control Act.
(3) The Class “C” retail license shall entitle the licensee to sell beer in the original containers or on draft for consumption on or off the premises in accordance with the Utah Alcoholic Beverage Control Act.
(1968 Code 5-4-6; 1979 Code 7-3-6; amended by Ordinance No. 24-91)
7-3-107 License Fees.
(1) Each application for a license shall be accompanied by an application fee and an annual license fee based upon the classification of the license in an amount set by Resolution of the City Council. If no license is currently available, the application fee shall be paid prior to the matter coming before the City Council for potential approval.
(2) All licenses shall expire on the 31st day of December of each year, unless sooner canceled. Failure to meet the renewal requirements shall result in automatic forfeiture of the license effective of the date the existing license expires. The fees for licenses purchased at any time after April 1st and prior to January 1st may be prorated on a quarterly basis as follows: the fees for such licenses, when applied for and issued on or after April 1st, but prior to July 1st, shall be three-fourths (3/4) of the annual fee; on or after July 1st, but prior to October 1st, shall be one-half (1/2) of the annual fee; on or after October 1st, but prior to January 1st shall be one-fourth (1/4) of the annual fee.
(Statutory Authority UCA 32-4-18; 1968 Code 5-4-7; 1979 Code 7-3-7; amended by Ordinances No. 2-82, 6-90, 24-99, 4-00, 3-01, 4-06, and 13-06.)
7-3-108 Limitations on Licenses.
(1) A limited number of Class “A” licenses shall be available.
(a) One Class “A” license will be available to a Convenience Store for every 1,500 people within the City of Springville as determined by the most recent Governor’s Office of Budget and Planning report. The report shall be rounded to the nearest 1,000 people and the number of licenses available shall always be rounded down to a whole number.
(b) One Class “A” license will be available to a Supermarket for every 4,000 people within the City of Springville as determined by the most recent Governor’s Office of Budget and Planning report. The report shall be rounded to the nearest 1,000 people and the number of licenses available shall always be rounded down to a whole number.
(c) One Class “B” license and One Class “C” license will be available to a Tavern or other qualified applicant for every 6,000 people within the City of Springville as determined by the most recent Governor’s Office of Budget and Planning report. The report shall be rounded to the nearest 1,000 people and the number of licenses available shall always be rounded down to a whole number.
(2) Once a license has been granted to an applicant, the licensee may renew the license on a yearly basis as set forth in Section 7-3-107. If the licensee fails to renew the license by January 31 of any given year, the license may be granted to the next qualified applicant as set forth in Section 7-3-108(3).
(3) If no license is currently available for an applicant, the applicant’s request shall be kept on file with the Business License Official. If and when a new license becomes available, the license shall be granted to the next qualified applicant in order of filing date with the Business License Official with the oldest filing being contacted first.
(4) Once a license has been granted, a licensee may continue to renew the license on a yearly basis even if the Governor’s Office of Budget and Planning report indicates that fewer licenses would be available.
(Adopted by Ordinance No. 24-00 and amended by Ordinance No. 4-00, and 06-2007)
7-3-109 Revocation.
(1) Any license issued under this Chapter shall be subject to revocation if:
(a) The licensee shall cease to possess all of the qualifications required by Section 7-3-105.
(b) The licensee fails to comply with any of the applicable provisions of this Chapter or with the rules, regulations, and orders of the Utah County Health Department relating to health matters.
(c) Unlawful activities are conducted or permitted on the premises where the business for which the license is issued is conducted.
(d) Either licensee or any employee or agent of licensee is convicted of any violation of this Chapter.
(e) The permit for on-premise beer retailer issued to the holder of any Class “B” or Class “C” license is revoked by the Utah Alcoholic Beverage Control Commission.
(2) Upon receiving information sufficient to establish any violation set forth in subsection (1) by a preponderance of the evidence, the Business License Official shall send a notice of violation to the license holder by hand delivery to the manager on duty by a police officer or Code Enforcement Officer and a copy by standard mail to the mailing address of the license holder. The date of hand delivery shall be construed as the date of delivery.
(3) Any violation of this Chapter by a licensee or any employee of the licensee shall subject the licensee to the following penalties:
(a) Upon the first violation of this Chapter, the licensee shall be issued a written warning.
(b) Upon any violation of this Chapter which occurs within thirty-six (36) months of a prior violation, the licensee shall pay a civil fine of two-hundred-fifty collars ($250.00).
(c) Upon the any violation of this Chapter within a thirty-six (36) months of two (2) prior violations, the licensee shall pay a civil fine of five-hundred dollars ($500.00).
(d) Upon any violation of this Chapter which occurs within thirty-six (36) months of three (3) prior violations, the licensee shall pay a civil fine of five-hundred dollars ($500.00) and the licensee shall have its license to sell beer suspended for a period of thirty (30 consecutive days. Additionally, the licensee shall be placed on probation for a period of one (1) year. Any violation of this Chapter by the licensee, or the action by any suspended employee of the licensee to sell or supervise the sale of beer during the period of probation shall result in the revocation of the licensee’s license to sell beer. The licensee shall not be eligible to reapply for a new license for at least six (6) months from the date of revocation.
(1) Failure to pay any fine imposed for a violation of any provision of this Chapter within thirty (30) days of the imposition of such fine, shall be grounds for immediate suspension of the licensee’s license to sell beer.
(2) Failure to pay any fine within 20 days of the day on which the license is suspended is grounds for revocation of the licensee’s license to sell beer.
(3) Nothing in this Chapter shall limit the rights and powers of the City Council to grant, refuse to grant, or revoke the licensee’s license to sell beer under this Chapter.
(4) In the event that a licensee contests the existence of any violation under subsections (1) and (2) above, the licensee shall have the right to request a hearing to contest the existence of any violation of this Chapter or the imposition of any penalty under this Chapter. A written request for a hearing must be filed by the licensee with the City Recorder and with the City Attorney within fifteen (15) days of the date of mailing of the City’s notice of violation to the licensee. The request for a hearing shall include the licensee’s name, address, telephone number, and a statement of the licensee’s basis for disputing the existence of a violation or the imposition of a penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The City’s finding of a violation shall be consider final if the licensee fails to request a hearing with the time period set forth above.
(5) The City Council shall notify the licensee in writing of the date and time for the hearing. Hearings before the City Council shall be conducted informally. Formal rules of evidence and court procedure shall not apply. The hearings are administrative in nature, and hearsay is admissible, but the evidence must have some probative weight and reliability to be considered. The licensee shall be given an opportunity to be heard at such hearing, shall have the right to be represented by counsel, and may call witnesses. The City Council’s decision shall be made orally at the end of the hearing or in writing within ten (10) business days following the hearing.
(6) Upon any revocation of a license, the fee paid by the licensee to the City shall be forfeited to the City.
(1968 Code 5-4-9; 1979 Code 7-3-9; amended by Ordinances No. 14-82, 24-99,4-00, and 6-04)
7-3-110 License Not Transferrable.
No license issued under the provisions of this Chapter shall be used for any other location or by any other person at any time other than for the location and licensee to whom it was issued. When a licensee changes location or when property is sold, a new application must be filed.
(1968 Code 5-4-10; amended in codification 1979; 1979 Code 7-3-10; amended by Ordinance No. 24-99)
7-3-111 Restrictions on Sale.
(1) It shall be unlawful to sell beer to any person under the age of twenty-one (21) years, or to any person who is intoxicated or under the influence of an intoxicating beverage.
(2) (a) No license shall be granted to any person to sell beer in any dance hall or theater, and it shall be unlawful for any person to sell beer at a dance hall or theater.
(b) No on-premise beer retailer premises shall be established and no Class “B” or Class “C” license shall be granted to any person to sell beer within 180 feet of any public or private school, church, public library, public playground, or park and it shall be unlawful for any person to sell beer for consumption on the premises on which the beer is sold within 180 feet of any public or private school; The distance shall be measured in a straight line from the nearest entrance of the building where the beer is or will be sold to the nearest property boundary of the public or private school, church, public library, public playground, or park.
(c) No Class “A” license shall be granted to any person to sell beer within 180 feet of any church or school, and it shall be unlawful for any person to sell beer within 180 feet of a church or school. The distance shall be measured in a straight line from the nearest entrance of the building where the beer is or will be sold to the nearest property boundary of the public or private school, church, public library, public playground, or park.
(3) It shall be unlawful to advertise the sale of beer, except under such regulations as are made by the Alcoholic Beverage Control Commission.
(4) Licensed premises shall be kept brightly illuminated at all times while occupied for business, and no booth, blind or stall shall be maintained unless all tables, chairs, and occupants, if any therein, are kept open to the full view from the main floor at the entrance of such licensed premises.
(5) No licensee shall violate the terms of the license issued; nor, unless he shall be so licensed, shall he sell beer in the original containers, or draft beer for consumption on the premises, or permit any beer to be consumed on the premises.
(6) (a) Except as provided by paragraph (b) of this subsection, it shall be unlawful for any person to sell beer to any person between the hours of 12:00 midnight and 6:00 a.m.
(b) If the holder of a Class “B” or Class “C” license issued pursuant to this chapter also holds a licensee for sale of liquor under Chapters 4 or 5 of the Utah Alcoholic Beverage Control Act, that licensee may sell beer for on-premise consumption each day only during the hours specified by Utah Code Annotated 1953, Section 32A-10-206, as amended.
(7) (a) Minors may not be employed by or be on the premises of an on-premise beer retailer to sell or dispense beer. Minors may not be employed by or be on the premises of any tavern.
(b) It shall be unlawful for a licensee or any other person to allow a minor to violate subsection (7)(a).
(8) (a) A person under the age of twenty-one (21) may not sell beer on the premises of a beer retailer for off-premise consumption.
(b) It shall be unlawful for a licensee or any other person to allow a minor to violate subsection (8)(a).
(9) It shall be unlawful for any person to sell beer through a “drive-up” window, meaning that beer can not be sold or dispensed to any person sitting in a motor vehicle or on a motorcycle.
(Statutory Authority UCA 32-4-17; 1968 Code 5-4-11 as amended by Ordinance No. 5-78; amended in codification 1979; 1979 Code 7-3-11; amended by Ordinances No. 5-81, 24-91, 17-97, 24-99, 4-00, 3-01 and 06-2007)
7-3-112 Inspection.
All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the City, the State Liquor Control Commission, or the Utah County Health Department; and every licensee shall at the request of the Utah County Board of Health furnish to it samples of beer which the licensee shall have for sale.
(1968 Code 5-4-12; 1979 Code 7-3-12, amended by Ord No 06-2007)
7-3-113 Penalties for violations by a Permit holder.
Any person violating any provision of this Chapter shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Additionally, an employee possessing a valid certificate of completion from a statewide alcohol training and education seminar who is convicted of any law involving the sale of an alcoholic beverage is not only subject to the above penalties, but shall incur a suspension of the employee’s certificate as follows:
(a) 1st Violation – Written warning and retake the State alcohol training and education seminar;
(b) 2nd Violation – Automatic suspension of the employee’s certificate of completion from a statewide alcohol training and education seminar for a period of ninety (90) days and retake the State alcohol training and education seminar;
(c) Any Subsequent Violation – Automatic suspension of the employee’s certificate of completion from a statewide alcohol training and education seminar for a period of one (1) year and retake the State alcohol training and education seminar. The City shall report any known violation involving the sale of an alcoholic beverage to the Utah Department of Public Safety, Highway Safety Office, on forms available from that office within thirty (30) days.
(1968 Code 5-4-13: amended in codification 1979; 1979 Code 7-3-13; amended by Ord. No. 6-88, 24-99, 6-04, 06-2007)
7-3-114 Required Certificate of Completion from State Alcohol Training and Education Seminar.
(1) A licensee involved in the transaction of retail beer sales for off-premise consumption (Class “A” retail sales) shall require any and all employees who directly supervise the sale of beer to a customer for consumption off the premises, or who sells beer to a customer for consumption off the premises, to obtain a Certificate of Completion from a statewide alcohol training and education seminar as required by Utah State Code Section 32A-10-103 and 62A-15-401. All employees of a Licensee involved in the transaction of retail beer sales will be required to possess and wear a unique identification badge while on duty. This badge shall be worn in on the front of the employee’s clothing, visible above the waist, bearing the first or last name, initials, or unique identification letters or numbers that are sufficiently large to be clearly visible and identifiable.
(a) New employees of Licensee shall obtain a valid certificate of completion from a statewide alcohol training and education seminar within thirty (30) days of hire. During this thirty (30) day period, the employee may sell alcoholic beverages in accordance with the State Alcoholic Beverage Control Act, the regulations of the Alcoholic Beverage Control Commission, and the provisions of this Chapter.
(b) The Licensee is required to inform the City of any employee possessing a valid certificate whose employment is terminated for conduct that would be punishable under the statutes or ordinances regulating alcoholic beverages. Licensees shall maintain a record of badges assigned and the record must be available for immediate inspection. The record must include the employee’s full name, address, and driver license number or similar identification number. Licensees who fail to keep and maintain such record shall become liable to an administrative fine of $250. Licensees shall permit law enforcement officers and Utah County Health Department employees to conduct random compliance checks on licensee’s premises.
(2) Every licensee holding a Class “A” license is required to have all employees who directly supervise the sale of alcohol and any employees who will sell alcohol trained through a state administered or state certified alcohol training and education seminar.
(3) Failure to comply with this section is a violation of this Chapter and subjects the licensee to the revocation penalties set forth in section 7-3-109.
(1979 Code 7-3-14; adopted by Ordinance No. 1-88; amended by Ordinances No. 24-91, 24-99, 4-00, 6-04, 06-2007)
7-3-115 Written Consent of Local Authority.
Whenever written consent of a local authority is needed by an applicant for a license under the Utah Alcoholic Beverage Control Act, the applicant must file an application for such consent with the City. In order to obtain such consent, applicant must meet all qualifications for licensure set forth in Section 7-3-5 above. Written consent of a qualified applicant shall be issued in a reasonable time after the application.
(Adopted by Ordinance No. #3-01)
7-3-116 Alcohol Placement.
(1) If a beer retailer sells alcoholic beverages for off-premise consumption, the beer retailer shall not place any alcoholic beverage for wale or storage within fifteen (15) feet of any and all of the beer retailer’s customer entrances.
(2) A person convicted of a first or second time within a one (1) year period of any provision of this section is guilty of an infraction and, upon conviction, shall be liable to punishment by fine in an amount not to exceed $750.00.
(3) A person convicted of a third time within a one (1) year period of any provision of this section is guilty of a Class B Misdemeanor.
(Adopted by Ordinance No. #40-2007)