Chapter 5.10
BEER SALES
Sections:
5.10.010 Required Class A beer handler’s permit.
5.10.020 Application process for Class A beer handler’s permit.
5.10.030 Qualifications to obtain a Class A beer handler’s permit.
5.10.040 Penalties for violations by a permit holder.
5.10.010 Required Class A beer handler’s permit.
A licensee involved in the transaction of retail beer sales for off-premises consumption (Class A retail sales) shall require any and all employees involved in the transaction of retail beer sales to obtain a beer handler’s permit from the Utah County health department. All employees of a licensee involved in the transaction of retail beer sales will be required to possess and wear a beer handler’s permit while on duty. This permit shall be worn in a conspicuous place such that the permit shall be clearly visible to any person.
New employees of licensee shall obtain a beer handler’s permit within 30 days of hire. During this 30-day period, the employee may sell alcoholic beverages in accordance with the State Alcoholic Beverage Control Act, the regulations of the Utah Alcoholic Beverage Control Commission, and the provisions of this chapter.
The licensee is required to inform the Utah County health department of any employee possessing a beer handler’s permit whose employment is terminated for conduct that would be punishable under the statutes or ordinances regulating alcoholic beverages. Licensees shall permit law enforcement officers and Utah County health department employees to conduct random beer handler’s permit compliance checks on licensee’s premises. [Ord. O-12-2004 § 1 (3-2-18)].
5.10.020 Application process for Class A beer handler’s permit.
To obtain a beer handler’s permit, applicants must:
A. Fill out a beer handler’s permit application form available from the Utah County health department;
B. Produce acceptable photo identification showing the identity of the applicant;
C. Attend a beer handler’s permit training session administered by, or approved by, the Utah County health department; and
D. Pass the beer handler’s permit test given by the Utah County health department.
If subsections A, B, C and D of this section are satisfied, the Utah County health department shall issue the applicant a beer handler’s permit photo identification card. This permit must be possessed and conspicuously worn by the applicant while on duty such that the permit shall be clearly visible to any person. [Ord. O-12-2004 § 1 (3-2-19)].
5.10.030 Qualifications to obtain a Class A beer handler’s permit.
The Utah County health department shall not grant a beer handler’s permit to any individual who has been convicted of a felony within three years of the permit application date or a misdemeanor conviction involving alcohol or controlled substances within one year. [Ord. O-12-2004 § 1 (3-2-20)].
5.10.040 Penalties for violations by a permit holder.
A. A violation of this chapter or of any law involving the sale of an alcoholic beverage is a misdemeanor and is subject, upon conviction, to the penalties provided by law. Additionally, an employee possessing a beer handler’s permit who is convicted of any law involving the sale of an alcoholic beverage is not only subject to the penalties provided by law, but shall incur a suspension of the employee’s beer handler’s permit as follows:
1. First violation: automatic suspension of the employee’s beer handler’s permit for a period of one year.
2. Second violation: automatic suspension of the employee’s beer handler’s permit for a period of one year.
3. Any subsequent violation: automatic suspension of the employee’s beer handler’s permit for a period of three years.
B. The licensee shall report any known violation involving the sale of an alcoholic beverage to the Utah County health department within 30 days. [Ord. O-12-2004 § 1 (3-2-21)].
5.10.050 Licensee penalties.
A. Any violation of this chapter by a licensee or any employee of the licensee shall subject the licensee to the following penalties:
1. Upon a first violation of this chapter the licensee shall be issued a warning;
2. Upon any violation of this chapter which occurs within 24 months of a prior violation, the licensee shall pay a civil fine of $250.00;
3. Upon any violation of this chapter which occurs within 24 months of two prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license to sell beer suspended for a period of three consecutive days, on a Thursday through Saturday;
4. Upon any violation of this chapter which occurs within 24 months of three prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license to sell beer suspended for a period of 30 consecutive days. Additionally, the licensee shall be placed on probation for a period of one year. Any violation of this chapter by the licensee or any employee of the licensee 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 months from the date of revocation.
B. Failure to pay any fine imposed for a violation of any provision of this chapter within 30 days of the imposition of such fine shall be grounds for revocation of the licensee’s license to sell beer.
C. Nothing in this chapter shall limit the rights and powers of the Eagle Mountain city council to grant, refuse to grant, or revoke a licensee’s license to sell beer. [Ord. O-12-2004 § 1 (3-2-22)].
5.10.060 Right to a hearing.
A. 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. A written request for a hearing must be filed by the licensee with the city council of Eagle Mountain City within 15 days of the date of mailing of the 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. After a hearing before the Eagle Mountain city council, a finding of a violation shall be considered final if the licensee fails to request a hearing within the time period set forth above.
B. The city recorder 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 the hearing, shall have the right to be represented by counsel, and may call witnesses. The city council shall consider all of the evidence and shall take any action they deem appropriate as it relates to the licensee. The city council’s decision shall be made orally at the end of the hearing or in writing within 10 business days following the hearing. [Ord. O-12-2004 § 1 (3-2-23)].