A. General Operational Restrictions: Each person granted an on-premises banquet, reception center, beer-only restaurant, full-service restaurant, limited- service restaurant, bar establishment, on-premises beer retailer, or single-event license and their employees, management and personnel shall abide by the Act and the following conditions and requirements. Failure to comply may result in suspension or revocation of the license or other disciplinary action taken against the business, individual employees, or management personnel.
1. Restaurants: A beer-only restaurant, full-service restaurant, and limited-service restaurant license shall entitle the licensee to sell alcoholic beverages only with the purchase of food, on the premises described therein, in containers allowed under the Act. Only bona fide restaurants shall be entitled to a full-service restaurant, limited-service restaurant, or beer-only restaurant license.
2. Bar Establishment License, On-Premises Banquet License, Reception Center, or Single-Event Permit: A bar establishment license, on- premises banquet, reception center, or single-event license shall entitle the licensee to sell alcoholic beverages on the premises described therein, for consumption only on the licensed premises.
3. Underage Service: No person under the age of twenty one (21) years shall sell or serve alcoholic beverages.
4. Removal From Premises: Alcoholic beverages shall not be removed from the licensee's premises except as allowed in accordance with the Act.
5. Bring Onto Premises: Except as otherwise permitted herein, a person shall not bring onto the premises of an on-premises banquet, reception center, beer-only restaurant, full-service restaurant, limited-service restaurant, special-event or bar establishment any liquor or beer, for on-premises consumption. A person may bring bottled wine onto the premises of a full-service restaurant, limited-service restaurant or bar establishment, provided the wine is delivered to a server upon entering the premises. Officers, managers, employees, or agents shall not allow a person to bring onto the licensed premises liquor or beer for on-premises consumption or allow consumption of any such liquor or beverage on its premises. If any licensee or any of its officers, managers, employees, or agents violates this subsection, the City may immediately suspend or revoke the license.
6. No Consumption While On Duty: An employee of a licensee, while on duty, shall not consume an alcoholic beverage or be under the influence of alcoholic beverages.
7. License Displayed: Each licensee shall display in a prominent place on the premises:
a. The license issued by the City and the license issued by the commission; and
b. All applicable signs required by the Act.
8. Transfer From Location: There shall be no transfer of a license from one location to another.
9. Transfer From Entity: There shall be no transfer of a license from one entity to another without approval by the City Council, except that the Community Development Director may grant a request to transfer an on-premises banquet, reception center, beer-only restaurant, full-service restaurant, limited- service restaurant, or bar establishment license from a current licensee to a proposed licensee who will operate at the same location, so long as the following conditions are met:
a. The type of alcoholic beverage to be sold is not changed;
b. The on-site management staff has not changed;
c. There have been no citations for alcohol-related offenses issued to either the current licensee or the proposed licensee within the last two (2) years; and
d. The proposed licensee's application complies in all respects with all other provisions of this chapter.
B. Specific On-Premises License Restrictions:
1. Full-Service Restaurant, Limited-Service Restaurant And Beer- Only Restaurant Licenses:
a. Licenses Obtained: Before any full-service restaurant, limited-service restaurant, or beer-only restaurant may sell alcoholic beverages at retail for on-premises consumption, it shall obtain:
(1) A full-service restaurant, a limited-service restaurant or beer-only restaurant license from the City as defined in this chapter; and
(2) A full-service restaurant, a limited-service restaurant or beer-only restaurant license from the commission.
b. Maintain Records: Licensees shall maintain records as per the Act.
c. Restriction On Licenses: There shall be no limitation on the number of full-service or limited-service, or beer-only restaurant licenses granted by the city.
2. Bar Establishment Licenses:
a. Licenses Obtained: Before any bar establishment including an equity license, a fraternal license, or a bar may sell alcoholic beverages for on- premises consumption, it shall obtain:
(1) A bar establishment license from the City; and
(2) A bar establishment license from the commission.
b. Maintain Records: Licensees shall maintain records as per the Act.
c. Restriction On Licenses: The total number of bar establishment licenses in the City shall not exceed eight (8), one of which must be located within a full service hotel.
3. On-Premises Beer Retailer Licenses:
a. License Types: There are two (2) types of on-premises beer licenses defined by the Act:
(1) On-premises beer retailer which includes restaurants, cafes, and bowling centers or golf course food and beverage facilities; and
(2) Taverns, which include beer bars, parlors, lounges, cabarets, or nightclubs. No tavern licenses shall be issued within Draper City.
b. Licenses Obtained: Before any establishment may sell beer at retail for on-premises consumption, it shall obtain:
(1) An on-premises beer retailer license from the City; and
(2) An on-premises beer retailer license from the commission.
c. Maintain Records: Licensees shall maintain records as per the Act.
d. Restriction On Licenses: The total number of on-premises beer retailer licenses in the City shall not exceed one per each four thousand (4,000) population of the City based on the latest population estimate provided by the State of Utah Department of Workforce Services.
4. On-Premises Banquet Licenses:
a. An on-premises banquet license may only be issued for a hotel, resort facility, sports center or convention center.
b. Before any on-premises banquet licensee may sell or furnish an alcoholic product at retail for on-premises consumption, it shall obtain:
(1) An on-premises banquet license from the City; and
(2) An on-premises banquet license from the commission.
c. On-premises banquet licensees shall maintain records as per the Act.
d. There shall be no limitation on the number of on-premises banquet licenses granted by the City.
5. Single-Event Permits:
a. Number Of Permits: Qualifying organizations may apply for up to four (4) single event permits per calendar year if one or more of the single event permits is a one hundred twenty (120) hours single event permit; or up to twelve (12) single event permits per calendar year if each of the single event permits is a seventy-two (72) hour single event permit. A single event permit may also include a temporary beer event permit.
b. Permits Obtained: Before any operator, participant or sponsor of a single event may sell beer or alcohol at retail for on-premises consumption at the event, it shall obtain:
(1) A single-event permit from the City; and
(2) A single-event permit from the commission.
c. Maintain Records: Permittees shall maintain records as per the Act.
d. Limited Duration Of Event: A single-event permit shall state whether it is a seventy two (72) hour single event permit or a one hundred twenty (120) hour single event permit.
e. Restrictions On Licenses: There shall be no limitation on the number of single-event permits granted by the City.
6. Reception Center License:
a. A reception center license may only be issued for a reception center.
b. Before any reception center licensee may store, sell offer for sale, or furnish an alcoholic product on the licensee's premises as a reception center, it shall obtain:
(1) A reception center license from the city; and
(2) A reception center license from the commission.
c. Reception center licensees shall maintain records as per the Act.
d. There shall be no limitation on the number of reception center licenses granted by the city. (Ord. 1317, 3-27-2018; amd. Ord. 1527, 3-1-2022)