Chapter 3-2
ALCOHOLIC BEVERAGES

SECTION:

3-2-1:    DEFINITIONS

3-2-2:    LICENSE REQUIRED

3-2-3:    APPLICATION FOR LICENSE

3-2-4:    QUALIFICATIONS OF LICENSEE

3-2-5:    FEE FOR LICENSE

3-2-6:    BOND REQUIRED

3-2-7:    CLASSIFICATIONS AND PRIVILEGES

3-2-8:    DEPARTMENT OF HEALTH PERMIT

3-2-9:    TRANSFER OF LICENSE

3-2-10:    INSPECTION OF PREMISES

3-2-11:    SEPARATE LICENSE; DISPLAY REQUIRED

3-2-12:    ALCOHOL TRAINING AND EDUCATION

3-2-13:    RESTRICTIONS

3-2-14:    RENEWAL OF LICENSE

3-2-15:    SUSPENSION OR REVOCATION OF LICENSE

3-2-16:    PENALTY

3-2-1 DEFINITIONS:

The words and phrases used in this chapter shall have the meanings specified in the Utah alcoholic beverage control act, unless a different meaning is clearly evident. (2007 Code)

3-2-2 LICENSE REQUIRED:

It shall be unlawful for any person to engage in the business of selling beer at retail, in bottles or draft, without first having procured a license therefore from the city and paid the license fee required by this chapter. (2007 Code)

3-2-3 APPLICATION FOR LICENSE:

A.    Verification; Filing: All applications for licenses authorized by this chapter shall be verified and filed with the city recorder. The application must state the applicant's name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the alcoholic beverage control act and this chapter. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors must be stated.

B.    Applicant Subscription: The application must be subscribed by the applicant, who shall state under oath that the facts therein contained are true.

C.    Referral To Sheriff: All applications filed in accordance with the provisions of this chapter shall be referred to the sheriff's office for inspection and report. The sheriff's office shall, when possible, within thirty (30) days after receiving such application, make report to the city council of the general reputation and character of the persons who habitually frequent such place, the nature and kind of business conducted at such place by the applicant or by any other persons or by the applicant at any other place; whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any, at such place; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any school or church. The sheriff's office shall also add to such report its recommendation as to whether or not the application should be granted. (2007 Code)

3-2-4 QUALIFICATIONS OF LICENSEE:

No license shall be granted to any retailer to sell beer or to any brewer or wholesaler, 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 a felony or of any violation of any law of the state or provision of the ordinances of the city relating to intoxicating liquors, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony, or of having violated any such law or ordinance, or to any partnership, any member of which lacks any of the qualifications set forth in this chapter, or to any corporation, any member of which lacks any of such qualifications. (2007 Code)

3-2-5 FEE FOR LICENSE:

A.    Required: Applications provided for in this chapter shall be accompanied by the fees provided in this section. The fee shall be returned to the applicant if the application is denied.

B.    Additional Fee: In addition to any other business license fee which any person or place of business may be required to pay, there is hereby levied upon the business location of every person engaged in the sale or other dispensing of beer, an annual license fee in such amount as established by resolution of the city council. (2007 Code)

3-2-6 BOND REQUIRED:

No license required by this chapter shall be granted by the city council until the applicant shall have filed with the city recorder a bond in a sum and as required by Utah Code Annotated section 32A-10-205. The bond shall be made in favor of the city. (2007 Code)

3-2-7 CLASSIFICATIONS AND PRIVILEGES:

Retail licenses issued hereunder shall be of the following four (4) kinds and shall carry the following privileges and be known as class A, class B, class C and seasonal licenses:

A.    Class A: Class A licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah alcoholic beverage control act and the ordinances of the city.

B.    Class B: Class B retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah alcoholic beverage control act and the ordinances of the city.

C.    Class C: Class C licenses for retail shall entitle the licensee to sell draft beer for consumption on or off the premises and to sell beer in accordance with the Utah alcoholic beverage control act and the ordinances of the city.

D.    Seasonal: Seasonal licenses of any class may be issued for a period of time not to exceed one year, which period shall be determined by the city council. (2007 Code)

3-2-8 DEPARTMENT OF HEALTH PERMIT:

No license under this chapter shall be issued until the applicant therefore shall have first procured from the department of health a permit which shall show that the premises to be licensed is in a sanitary condition and that the equipment used in the storage, distribution or sale of beer complies with all the health regulations of the city and of the state. (2007 Code)

3-2-9 TRANSFER OF LICENSE:

Licenses issued pursuant to this chapter shall not be transferable, and if revoked by the city council, the fee paid by the licensee to the city for the license shall be forfeited to the city. (2007 Code)

3-2-10 INSPECTION OF PREMISES:

A.    Authority: All licensed premises shall be subject to inspection by any officer, agent or peace officer of the city or the alcoholic beverage control commission, or the state board of health, and every licensee shall, at the request of the state board of health, furnish to it samples of beer which he shall have for sale.

B.    Revocation: Any license granted pursuant to this chapter may be revoked on a finding by the city council that the licensee has had ten (10) days' or more notice from the state board of health that the licensee is violating one or more health ordinances, rules or regulations of the city or of the Utah division of health and has failed to comply with such health ordinance, rule or regulation.

C.    Close Of Business: The city council may direct the sheriff's office to close down any business licensed under this chapter where the state board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business. (2007 Code)

3-2-11 SEPARATE LICENSE; DISPLAY REQUIRED:

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 licenses shall comply with the Utah alcoholic beverage control act and the regulations of the alcoholic beverage control commission. (2007 Code)

3-2-12 ALCOHOL TRAINING AND EDUCATION:

A.    Required: Commencing September 1, 1987, no person shall be granted a license to operate or maintain a trade, profession or calling, the transaction or carrying on of which requires a license, within the city, if such person operated an establishment which as part of its business serves "alcoholic beverages", as defined in Utah Code Annotated section 32A-1-105(2), to the public for consumption on the premises, unless that person shall show by certificate(s) granted by the Utah department of alcoholic beverage control, or by adequate proof of the existence of such certificate, that each employee of the business engaging in the serving, selling or furnishing of such alcohol on the premises has completed the alcohol training and education seminar, as required in Utah Code Annotated section 62A-8-403.

B.    New Employees: Every new employee, hired after the licensee has been licensed in compliance with subsection A of this section, who is required to complete this seminar shall complete the seminar within six (6) months of commencing employment. Violation of this section will result in revocation of the license granted under this chapter unless compliance with this section is completed within two (2) months of the time that the licensee first became aware that such violation occurred. (2007 Code)

3-2-13 RESTRICTIONS:

Operational restrictions shall be as provided in Utah Code Annotated section 32A-10-206, or successor provisions. (2007 Code)

3-2-14 RENEWAL OF LICENSE:

All applications for renewal licenses filed by the holders of existing licenses shall be filed with the city recorder at least thirty (30) days prior to the expiration date of the then issued license. Any person who 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 for the sale of beer until the date his new license is issued by the city council. (2007 Code)

3-2-15 SUSPENSION OR REVOCATION OF LICENSE:

A.    Authority: The city council may, after a hearing, revoke or suspend any beer license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this chapter or any ordinance of the city, whether now or hereafter enacted, which in any way relates to the operation of the business or the safety of the public.

B.    Hearing: A hearing may be required by any person:

1. That is denied or refused a beer license by any officer, agent or employee of the city.

2. Whose beer license is revoked, restricted, qualified or limited from that for which it was first issued.

C.    Request For Hearing: The request for hearing must be made in writing to the mayor or city recorder and made within thirty (30) days following the date notice denying, refusing, removing, qualifying, restricting or revoking the beer license is mailed by the city to the applicant or license holder at his address as it appears on the application or license.

D.    Time And Place; Witnesses; Decision: Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present its own evidence in support of his contention. The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.

E.    Limitations Of Hearing: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council, nor shall the hearing provided in this section apply to any criminal complaint or proceeding. (2007 Code)

3-2-16 PENALTY:

Any person violating any provision of this chapter shall be guilty of a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (2007 Code)