A. Off Premises Beer Retailer License: The city is authorized to license and regulate the retail sale of beer for off premises consumption in accordance with and subject to the restrictions of the Utah off premises beer retailer act, as set forth in Utah Code Annotated section 32B-7-101 et seq., as amended. An off premises beer retailer license issued by the city shall authorize the licensee to sell beer on the licensed premises for consumption off premises, in accordance with applicable provisions of this chapter and state law.
B. Local License Required: Before a person may store, sell or offer for sale beer at retail for off premises consumption, the person shall obtain an off premises beer retailer license from the city.
C. Operational Restrictions: An off premises beer retailer licensee shall comply with the general operational requirements set forth in Utah Code Annotated section 32B-7-202, as amended, regarding, among other regulations, the purchase of beer, the sale of beer by minors, signage and display requirements, staff identification badges and recordkeeping.
D. Alcohol Training And Education: The following persons shall be required to have a valid record that the individual completed an alcohol training and education seminar in accordance with the provisions of Utah Code Annotated section 32B-5-404, as amended: any individual who directly supervises the sale of beer to a patron for consumption off the premises of the off premises beer retailer; or any individual who sells beer to a patron for consumption off the premises of the off premises beer retailer. The city may immediately suspend the license of an off premises beer retailer licensee that allows staff to directly supervise the sale of beer or to sell beer to a patron without having a valid record of training as required by law.
E. Administrative Penalties For Sale To Minors: In addition to any criminal penalty that may be imposed, an individual may be subject to administrative penalties imposed by the city in accordance with the provisions and procedures of the off premises beer retailer enforcement act, as set forth in Utah Code Annotated section 32B-7-301 et seq., as amended, for persons who have completed the required alcohol training and are thereafter found in violation of any law involving the sale of an alcoholic beverage to a minor. Administrative penalties may also be imposed against the licensee for such violations in accordance with the provisions and procedures of Utah Code Annotated section 32B-7-303, as amended.
F. Employee Identification: Staff of an off premises beer retailer licensee who directly supervises the sale of beer or who sells beer to a patron for consumption off premises shall comply with the identification badge requirements set forth in Utah Code Annotated section 32B-7-202, as amended. Each licensee shall maintain a record of all current staff identification badges in accordance with applicable provisions of Utah Code Annotated section 32B-7-202, as amended. The city may impose a fine of two hundred fifty dollars ($250.00) against any off premises beer retailer licensee that does not comply or require its staff to comply with this subsection.
G. On Premises Consumption Prohibited: It shall be unlawful for an off premises beer retailer licensee to permit the consumption of beer on any off premises beer retailer licensed premises.
H. Container Restrictions: An off premises beer retailer licensee shall not possess, sell, offer for sale or furnish beer in a container larger than two liters (2 l).
I. Sale Of Beer By Minors: A minor may not sell beer on the premises of a beer retailer for off premises consumption unless the sale is done under the supervision of a person twenty one (21) years of age or older who is on the premises and the minor is at least sixteen (16) years of age.
J. Hours Of Sale: An off premises beer retailer 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.
K. Sales Restrictions: Beer may not be sold, delivered or furnished to any:
1. Minor;
2. Person actually, apparently or obviously under the influence of any intoxicating beverage or controlled substance;
3. Known habitual drunkard; or
4. Known interdicted person.
L. Advertising Sale: It shall be unlawful for any off premises beer retailer licensee to advertise the sale of beer in violation of the Utah alcoholic beverage control act.
M. Limit On Beer Sales: Each off premises beer retailer licensee shall limit beer sales to no more than thirty percent (30%) of its total business.
N. Records Requirements: All holders of an off premises beer retailer license shall maintain records separately showing quarterly expenditures and sales for beer and nonbeer items. Each licensee shall retain all invoices, vouchers, sales slips, receipts and other records disclosing all expenditures and purchases from all suppliers. Such records shall be available for inspection and audit by the city or its representatives and maintained for a period of three (3) years. Failure to properly maintain such records for inspection and audit shall be cause for revocation of the off premises beer retailer license.
O. Gross Sales Percentages: If any inspection or audit discloses that the sales of beer on the licensed premises are in excess of thirty percent (30%) for any quarterly period, the city shall immediately put the licensee on a probationary status and closely monitor the licensee's beer sales during the next quarterly period to determine that the licensee is able to prove to the satisfaction of the city that the sales of beer meet or are less than thirty percent (30%) of total business sales. Failure of the licensee to provide satisfactory proof of the required beer percentage within the probationary period shall result in issuance of an order to show cause by the city to determine why the license should not be revoked by the city.
P. Compliance: Each person granted an off premises beer retailer license and the staff of such licensee shall abide by the conditions and requirements set forth in this chapter and state law requirements. Failure to comply may, in addition to criminal or civil penalties, result in suspension or revocation of the license or other disciplinary action taken against individual staff. (Ord. 2014-38, 12-2-2014)