The following restrictions shall apply to all establishments within the town where alcoholic beverages are sold:
A. Location Of Business; Exception; Variance:
1. No class B or class C license shall be granted to a business located within six hundred feet (600') of any public or private school, church, public library, public playground, school playground or park, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground or park; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school, church, public library, public playground, school playground or park.
2. No class A alcoholic beverage licenses applied for after the passage date hereof, for sale of beer for off premises consumption, shall be granted to any business located within six hundred feet (600') of any public or private school or church, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school or church; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school or church.
3. If compliance with distance requirements would result in peculiar and exceptional practical difficulties, or exceptional and undue hardships, a variance may be required of the town council. Following a public hearing, a variance may or may not be granted by the town council. Should the town grant a variance for a class B or C license, final authority regarding state licensure would require approval of the variance by the alcoholic beverage control commission.
B. Conduct Of Employees And Entertainers: Lewd attire and/or sexually oriented conduct of employees and entertainers, as explicitly defined in Utah Code Annotated section 32B-1-504, are prohibited. Furthermore, entertainers are prohibited in this town from performing unclothed, or in attire, costume or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
C. Giving, Selling And Providing Alcoholic Beverages To Specific Persons: It is unlawful for any person to give, sell, or otherwise provide alcoholic beverages for consumption to:
1. Any person under the age of twenty one (21) years;
2. Any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs;
3. Any person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs; or
4. Any person who is a known interdicted person.
D. Business Or Premises Where Gasoline Sold: Only a class A license may be granted to any person to sell beer at any business or premises where gasoline for use in motor vehicles is sold.
E. Hours Of Alcoholic Beverage Sales: It shall be unlawful to sell or otherwise furnish or dispose of an alcoholic beverage, whether or not the premises are open to the public, during the following days and hours, according to license classification:
1. Class A beer license: Beer may not be sold between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M.
2. Class B beer license: Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
3. Class C beer and liquor consumption license:
a. Restaurants: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on any other day between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.; and
b. Private Clubs: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on Sundays and any state or federal legal holiday after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon, or on any other day between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
F. On Premises Consumption After Hours: On premises consumption of alcoholic beverages may continue for one hour past the time sales cease. Anyone having a class B beer or class C beer and liquor consumption license, or his agents or employees, shall close the establishment and remove or cause to be removed from the premises all patrons, customers, or individuals not employed on the premises no later than two o'clock (2:00) A.M.
G. Unlawful For Patrons To Remain On Premises After Closing: It shall be unlawful for any class B or class C licensee, or for his agents or employees, to permit any patron, customer, or individual not employed on the premises to remain on such premises after the closing time of two o'clock (2:00) A.M.
H. Illumination Of Premises: Licensed premises shall be kept brightly illuminated at all times while occupied or open for business; no booth, or other type of stall, shall be maintained unless all tables, chairs, and occupants are kept open to full view from the main floor and the entrance of such licensed premises.
I. Advertising: It shall be unlawful to advertise the sale of alcoholic beverages, except as defined in the alcoholic beverage control act.
J. Number Of Alcoholic Beverage Licenses: The total number of businesses licensed to sell alcoholic beverages in the town shall not exceed:
1. An unlimited number of class A licenses.
2. Four (4) class B beer licenses.
3. Four (4) class C beer and liquor consumption licenses.
K. Parks And Cemeteries: No alcoholic beverages shall be allowed, sold or consumed on or in town parks and cemeteries. (Ord. 11-01, 6-21-2011, eff. 7-1-2011)