Chapter 5-1

Alcoholic Beverages

 

 

5-1-1                               Compliance with Statute and Ordinance

 

It shall be unlawful for any person to sell, exchange, furnish, possess or consume any alcoholic beverage, except as expressly permitted by this Title and State Law.

 

5-1-2                               Consumption In Unlicensed Premises

 

It shall be unlawful for any establishment, association, corporation, club or person to knowingly permit any person to possess alcoholic beverages upon which the seal or cap has been broken, or to consume any alcoholic beverage in any place or establishment where the public is invited to come for business purposes, except where said place or establishment is specifically licensed for such purpose under this Title.

 

5-1-3                               Inspection of Premises

 

All premises licensed pursuant to this Title shall be subject to inspection by any Law Enforcement Agency or by any designated agent of the City as well as by the State Board of Health.

 

5-1-4                               Violations

 

Any person violating any of the provisions of this Title shall be guilty of a Class B Misdemeanor.

 

 

Chapter 5-2

Licenses

 

 

5-2-1                               License Required

 

1.      It shall be unlawful for any person to engage in the business of the retail sale of beer within the City without first procuring a license therefore as provided in this Chapter.  A separate license shall be required for each place of sale.

 

2.      It shall be unlawful for any person to operate any association establishment, restaurant, club or similar business which allows customers, members, guests, visitors or other persons to possess or consume alcoholic beverages on the premises without first procuring a license therefore as provided in this Chapter.

 

 

3.      All licenses hall comply with all applicable provisions of State and Local Law, including the liquor control act of Utah, the regulations of the Utah State Liquor Control Commission and this Title.

 

4.      All licenses required hereunder shall be in addition to any business or other license required by law.

 

 

 

5-2-2                               License Classification

 

5-2-2.1                         License Classification

 

Alcoholic beverage licenses issued by the City shall be of the following classes and carry the following privileges.  Each license classification is exclusive of the others and each license permits only those privileges set forth under its particular classification.

 

1.      Class A License (Retail Beer License)

 

Persons under twenty one (21) years of age are permitted on the licensed premises.  Class A licenses shall entitle the licensee to sell beer in the original containers having the label of the makers thereon to persons twenty one (21) years of age and older in accordance with the Liquor Control Act of Utah and the Ordinances of the City, for consumption off the premises.

 

2.      Class B Licenses (Restaurant Beer Licenses)

 

Persons under twenty one (21) years of age are permitted on the licensed premises.  Class B licenses shall entitle the licensee to sell beer in original containers or on draught for consumption on the premises in conjunction with the purchase of food menu items to person twenty one (21) years of age and older in accordance with the Liquor Control Act of Utah and the Ordinance of the City.  Only bona fide restaurants, where a variety of hot food is prepared and cooked and complete meals are served to the general public in connection with indoor dining accommodation and which food sales constitute not less than 60 percent of the gross dollar value of the licensee’s business shall be entitled to a Class B License.

 

 

3.      Class C License (Tavern)

 

Persons under twenty one (21) years of age are not permitted on the licensed premises.  Class C Licenses shall entitle the licensee to sell beer in original containers or on draught to persons twenty one (21) years of age and older in accordance with the Liquor Control Act of Utah and the Ordinances of the City, provided that if the beer sold or given is in open container, or if opened on the premises, the beer must remain on the licensed premises until it is consumed or disposed of in the drains or sewer of the licensed premises.

 

4.      Class D License (Cabaret License)

 

Persons under twenty one (21) years of age are not permitted on the licensed premises.  Class D licenses entitle the licensee to operate associations, restaurants, clubs or similar businesses which allow customers, guests, visitors, or other persons to posses or consume liquor on the premises thereof.

 

5.      Recreation Beer License

 

A recreation retail beer license for the sale of beer shall entitle the licensee to sell beer for on-site consumption on publicly owned recreation facilities; provided however, that no such recreation retail license shall be issued unless such prospective licensee shall first obtain a concession license from the public body owning the recreation facility involved.  In approving the licenses the City Council may attach conditions with respect to the sale or distribution in addition to those contained within this title.  Under this recreation retail license, no person under the age of twenty one (21) years of age may sell or serve beer.  All sales and deliveries under this license shall be made directly to the consumer.

 

5-2-2.2                         Number of Licenses Authorized

 

The City Council shall not authorize more than nine (9) Class C Licenses at any one time.  For other classes there shall be no limit.

 

5-2-5                               Investigation of License Applicants by the Chief of Police

 

The Chief of Police shall review all applications and conduct an investigation into the background and character of each applicant.  Following the investigation, the findings and recommendations of the Chief of Police shall be made in writing to the City Council.

 

 

5-2-6                               Persons Not Entitled to Class A or B Licenses

 

No Class A or B license shall be granted unless the applicant is over the age of twenty one (21) years, is of good moral character and is a citizen of the United States.  Nor shall a license be issued to anyone who has been convicted of a felony or of any violation of any law relating to intoxicating liquors or of drunken driving or of keeping a gambling or disorderly house.  If the applicant is a partnership, association or corporation, each partner, association member or corporate officer and director shall meet all of the foregoing restrictions as if such individual were the applicant.

 

5-2-7                              Persons Not Entitled to Class C or D License

 

No Class C or D license shall be granted unless the applicant is of good moral character, over the age of twenty one (21) years and a citizen of the United States.  Nor shall such license be issued to anyone who has been convicted of a felony or misdemeanor involving moral turpitude.  If the applicant is a partnership, association or corporation, each partner, association member or corporate officer and director shall meet all of the foregoing restrictions as if such individual were the applicant.

 

5-2-8                               License for Beer Sales Only Not Permitted

 

No Class A License shall be granted to any applicant or retained by any licensee for the retail sale of beer only.  An applicant or licensee must have retail sale of food or of items other than petroleum and beer of at least twenty five percent (25%) of total sales in order to qualify for or maintain such license and shall, upon request therefore, furnish certified documentation substantiating such sales.  The City may at any time require such documentation.

 

5-2-12                           License to be Displayed

 

Each license issued pursuant to this title shall be displayed at all times on or in the licensed premises in a place readily visible to the public.

 

5-3-1                               Closing Hours of Certain Business

 

It shall be unlawful for any establishment possessing a Class B, C, or D License to remain open between the hours of 1 a.m. and 7:00 a.m. of any week day or between the hours of 2:00 a.m. and 7:00 a.m. on any Saturday, Sunday, or Legal Holiday.

 

 

 

Chapter 5-5

Sale and Consumption of Beer

 

5-5-1                               Removal of Beer From Premises

 

1.      It shall be unlawful for any person holding a Class B or C License to permit any beer which has been opened on the licensed premises to be removed from the licensed premises.

2.      It shall be unlawful for any person to remove beer that has been opened from the licensed premises of a Class B or C establishment.

 

5-5-2                               Minimum Age to Sell Beer

 

No person under eighteen (18) years of age shall sell beer to any other person.

 

5-5-3                               Sale to Intoxicated Person Prohibited

 

No person shall sell or furnish beer to any person who appears to be, or is, intoxicated or under the influence of an alcoholic beverage.

 

5-5-4                               Beer for Resale

 

It shall be unlawful for any licensee to acquire or possess for the purpose of sale or distribution any beer unless he has lawfully purchased it from a brewer or wholesaler licensed pursuant to the Liquor Control Act of Utah.

 

 

 

 

Chapter 5-6

On Premise Consumption of Liquor

 

 

 

5-6-1                               Consumption of Liquor Permitted in Class D Establishments – On-Premise Storage Prohibited

 

Persons other than the licensee, operator, or employees of Class D establishments may possess liquor on the licensed premises for the purpose of on premise consumption.  Provided however, it shall be unlawful for any such person to store liquor on the premises.  It shall also be unlawful for a person holding a Class D License or an operator or employee of a Class D establishment to hold or possess liquor on the licensed premises.