All words and phrases defined in this chapter shall be given such defined meanings wherever used in this title and shall be subject to the Utah Alcoholic Beverage Control Act, in strict compliance with said Act:
ALCOHOLIC BEVERAGES: Means and includes "beer" and "liquor", as they are defined herein.
APPLICATION: A formal written request for the issuance of a license.
BEER: A product that contains .5 percent of alcohol by volume, but not more than four percent (4%) of alcohol by volume or 3.2 percent by weight; and is obtained by fermentation, infusion, or decoction of malted grain. Beer may or may not contain hops or other vegetable products. "Beer" includes products referred to as: beer, ale, porter, stout, lager; or a malt or malted beverage. Beer does not include a flavored malt beverage.
LICENSE: The right to engage in the type of conduct hereafter described, as evidenced by a written document issued by Riverdale City. Licenses issued pursuant to this chapter shall be of one of the following types and shall authorize the type of conduct, and only the type of conduct, indicated after each designation:
A. Single Event Permit: Authorizes the licensee, the storage, sale, offering for sale, furnishing, and consumption of liquor for a period not to exceed seventy two (72) consecutive hours or one hundred twenty (120) consecutive hours.
1. No more than two (2) single event permits shall be issued to the same group in any calendar year.
2. A single event permit may be issued to the following entities:
a. Partnership;
b. Corporation;
c. Limited liability company;
d. Religious organization;
e. Political organization;
f. Incorporated association;
g. State agency; or
h. Political subdivision of the State.
3. A single event permit may not be issued to an entity that has not been in existence for at least one calendar year, before the date of the single event.
4. Applicant must obtain a single event permit from the Utah Department of Alcoholic Beverage Control as well as Riverdale City prior to the event.
B. Package Agency Liquor License: Authorizes the licensee to operate a "package agency", as defined by the Utah Alcoholic Beverage Control Act, in strict compliance with said Act, upon the licensed premises.
C. Restaurant License (Includes Beer And Liquor): Authorizes the licensee to sell liquor and/or beer on premises occupied by a restaurant, in strict compliance with the Utah Alcoholic Beverage Control Act, and upon the licensed premises; as defined in Utah Code.
1. For the purpose of this chapter restaurant shall include the following:
a. A full-service restaurant;
b. A master full-service restaurant;
c. A limited-service restaurant;
d. A master limited-service restaurant;
e. A beer only restaurant license.
D. General Liquor License: Authorizes the licensee to sell liquor on premises in strict compliance with the Utah Alcoholic Beverage Control Act.
1. For the purpose of this chapter a general liquor license shall include, but not be limited to, the following:
a. A bar establishment;
b. An airport lounge;
c. An on-premises banquet;
d. A reception center;
e. A resort;
f. A hotel;
g. A club.
E. Off Premises Beer Retailer License: Authorizes the licensee to sell beer on the licensed premises in original containers for consumption off the licensed premises in any size not exceeding two liters (2 L) and in strict compliance with the Utah Alcoholic Beverage Control Act.
F. On-Premises Beer Retailer License: Authorizes the licensee to sell beer on the licensed premises in the original containers for consumption on the licensed premises; or in open containers in any size not exceeding two liters (2 L) and in strict compliance with the Utah Alcoholic Beverage Control Act. For the purposes of this chapter an on premises beer retailer license shall apply to all recreational amenity business establishments as defined by Utah Code Annotated section 32B-6-702.
All on premises beer retailers shall be subject to the following:
1. Maintain at least seventy percent (70%) of the person's, ("person" as defined by the Utah Alcoholic Beverage Control Act), total gross revenues from business directly related to a recreational amenity on or directly adjoining the licensed premises of the beer retailer, except that a person may include gross revenue from business directly related to a recreational amenity that is owned or operated by a political subdivision if the person has a contract meeting the requirements of the Utah Alcoholic Beverage Control Act with the political subdivision; or
2. Have a recreational amenity on or directly adjoining the licensed premises of the beer retailer and maintain at least seventy percent (70%) of the person's total gross revenues from the sale of food.
G. Tavern License 1 : Authorizes the licensee to sell beer on the licensed premises occupied by a tavern on draft or in open containers in any size not exceeding two liters (2 L) or in the original containers for consumption on the licensed premises and in strict compliance with the Utah Alcoholic Beverage Control Act.
1. For the purpose of this chapter a tavern means an on-premises beer retailer who is:
a. Issued a license by the commission in accordance with Utah Code Annotated chapter 5, Retail License Act, and chapter 6, part 7, on-premises beer retailer license; and
b. Designated by the commission as a tavern in accordance with Utah Code Annotated chapter 6, part 7, on-premises beer retailer license.
H. Temporary Beer Permit; As Fulfilled By Special Event Permit: Authorizes the licensee to sell beer on the licensed premises on draft or in open containers in any size not exceeding two liters (2 L) or in the original containers for consumption on the licensed premises under the following conditions:
1. For a period not to exceed thirty (30) days;
2. No temporary beer event permit may be issued to a person if the aggregate of the days that the person is authorized to store, sell, offer for sale, or furnish an alcoholic product under a temporary beer event permit will exceed a total of ninety (90) days in any one calendar year.
3. Licensees are required to obtain a temporary special event beer permit from the Utah Department of Beverage Control and Riverdale City prior to the event.
LICENSEE: Includes the persons, firm, corporation or association to whom the license is issued, and also means and includes the licensee's managers acting for him/her with his/her consent or knowledge.
LIQUOR: Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous or fermented, other drinks or drinkable liquids that contain at least 0.5 percent of alcohol by volume and is suitable to use for beverage purposes. Liquor includes heavy beer, wine, and a flavored malt beverage. "Liquor" does not include beer.
NUISANCE: Any room, house, building, structure, place or licensed premises, where:
A. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Utah Alcoholic Beverage Control Act or this title, or where persons resort for drinking alcoholic beverages contrary to the Utah Alcoholic Beverage Control Act or this chapter; or
B. Intoxicated persons are permitted to loiter about, or use profanity, indecent, immoral, loud or boisterous language or display immoral or lewd conduct; or
C. Persons under the age of twenty one (21) are permitted to purchase or drink alcoholic beverages, or are employed in violation of this chapter; or
D. Laws or ordinances are violated by licensee or his agents or patrons with or without the consent or knowledge of licensee upon such premises; or
E. Any condition dangerous to human life or health is permitted to exist, and all alcoholic beverages, packages, equipment and other property used in maintaining the same.
PLACE OF BUSINESS: Shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include clubs, corporations and associations operating under charter or otherwise wherein only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be "places of business", as herein defined.
RESTAURANT: Any place of business where a variety of foods are prepared, at which meals are served; and that is engaged primarily in serving meals.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer.
SELL OR TO SELL: When used in this chapter in any provision, shall be construed to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in for any consideration proposed or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling, as herein defined.
WHOLESALER: Any person other than a brewer or retailer engaged in importation for sale or in the sale of alcoholic beverages in wholesale or other quantities. (Ord. 905, 1-15-2019)
Notes
| 1 | 1. See also definition of "tavern" at section 10-2-2 of this Code. |