A. General Operational Restrictions: Licensees shall comply with the following operational restrictions:
1. An off-premises beer retailer shall only purchase, acquire, possess for the purpose of resale, or sell beer that the off- premises beer retailer lawfully purchases from a beer wholesaler licensee or a small brewer that manufactures the beer.
2. An off-premises beer retailer may not possess, sell, offer for sale, or furnish beer in a container larger than two liters (2 L).
3. A minor may not sell beer on the licensed premises unless the sale is done under the supervision of a person twenty one (21) years of age or older who is on the licensed premises and the minor is at least sixteen (16) years of age.
4. Adhere to all display and signage requirements established by the commission by rule.
5. Staff who directly supervises the sale of beer or who sells beer to a patron for consumption off the premises of the off- premises beer retailer shall wear the required identification badges identified as per the Act.
6. An off-premises licensee may sell beer beginning at the hour of seven o'clock (7:00) A.M. and ending at the hour of one o'clock (1:00) A.M.
7. It shall be unlawful for any off-premises licensee to permit the consumption of beer on any licensed premises or to allow intoxicated persons to remain in or about any licensed premises.
8. Beer may not be sold, delivered, or furnished to any:
a. Minor;
b. Person actually, apparently, or obviously intoxicated;
c. Known interdicted person; or
d. Known habitual drunkard.
9. An off-premises licensee shall make every reasonable effort to limit the potential for theft of beer from licensed premises. A clear, unobstructed view of all portions of the interior of storage and display areas shall be available at all times from a point within the licensed premises at or near the main public entrance. A beer inventory shrinkage record shall be kept by the licensee and made available at any time upon request to the Chief of Police or Community Development Director for inspection or audit. Failure of a licensee to properly maintain the alcoholic beverage inventory shrinkage or failure to submit such records for inspection and audit shall be a Class B misdemeanor and shall be cause for suspension or revocation of an off-premises license.
10. There shall be no transfer of an off-premises license from one location to another.
11. There shall be no transfer of an off-premises 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 off-premises license from a current licensee to a proposed licensee who will operate at the same location provided:
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.
12. Each off-premises beer licensee shall comply with the provisions of employee training requirements and operational provisions established by the Act.
13. Beginning July 1, 2018, obtain a State issued off-premises beer retailer license.
B. Maintain Records: Licensees shall maintain records as per the Act.
C. Restriction On Licenses: The total number of off-premises licenses in the City shall not exceed one per each one thousand (1,000) population of the City based on the latest population estimate provided by the State of Utah Department of Workforce Services.
D. Enforcement: The City shall comply with the enforcement provisions of Utah Code Annotated 32B-7-303. (Ord. 1317, 3-27-2018)