A. On Premises Beer Retailer - Restaurant: The city is authorized to license and regulate the retail sale of beer for on premises consumption in accordance with and subject to the restrictions of the Utah alcoholic beverage control act, including, but not limited to, Utah Code Annotated section 32B-6-704 et seq., as amended. An on premises beer retailer - restaurant license issued by the city shall authorize the licensee to sell beer on the licensed premises for on premises consumption, in accordance with applicable provisions of this chapter and state law. Only bona fide restaurants shall be entitled to an on premises beer retailer - restaurant license.
B. State And Local License Required: Before a restaurant may sell beer at retail for on premises consumption, it must first obtain an on premises beer retailer - restaurant license from the city and the required state license from the Utah alcoholic beverage control commission. Issuance of the on premises beer retailer - restaurant license by the city shall be deemed local consent for the issuance of a state beer only restaurant license. Pursuant to Utah Code Annotated section 32B-6-704, as amended, the suspension or revocation of a licensee's state license shall automatically prohibit the licensee from continuing to operate under the city license.
C. Operational Restrictions: An on premises beer retailer - restaurant licensee shall comply with the general provisions and restrictions set forth in Utah Code Annotated section 32B-6-901 et seq., as amended, regarding licensing and operational requirements for beer only restaurant licenses, and applicable provisions of Utah Code Annotated section 32B-5-301 et seq., regarding operational requirements for on premises retailer licensees. A person granted an on premises beer retailer - restaurant license from the city and staff of the licensee shall comply with all of the conditions and requirements set forth herein. The provisions of state law referenced in this section are adopted by reference as if fully set forth herein.
D. Location Restrictions: Except as otherwise provided in subsection E of this section, the premises of an on premises beer retailer license may not be located within six hundred feet (600') of a community location as measured from the nearest entrance of the outlet by following the shortest route of ordinary pedestrian travel to the property boundary of a community location or within two hundred feet (200') of a community location measured in a straight line from the nearest entrance of the proposed beer retailer premises to the nearest property boundary of the community location.
E. Variance: The city council may approve or give written consent to the commission to authorize a variance to reduce the proximity requirements of subsection D of this section in accordance with the procedures and criteria set forth in Utah Code Annotated section 32B-1-202, as amended.
F. 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-5-403, as amended: any individual who manages operations at the licensed premises for consumption on the licensed premises; any individual who supervises the furnishing of a beer to a patron for consumption on the licensed premises; or any individual who serves a beer to a patron for consumption on the licensed premises. The city may immediately suspend the license of an on premises beer retailer - restaurant licensee if any of the individuals set forth herein fail to complete an alcohol training seminar as required by law.
G. Container Restrictions: An on premises beer retailer - restaurant licensee shall not sell, offer for sale, or furnish beer for on premises consumption in a size of container that exceeds two liters (2 l) or to an individual patron in a size of container that exceeds one liter (1 l).
H. Hours Of Sales: Hours for beer sales for on premises beer retailers are governed by state law, pursuant to which the hours of sale are from eleven thirty o'clock (11:30) A.M. until one o'clock (1:00) A.M.
I. Total Business Sales: An on premises beer retailer - restaurant shall maintain at least seventy percent (70%) of its total restaurant business from the sale of food, exclusive of service charge.
J. Records: All holders of an on premises beer retailer - restaurant license shall maintain records separately showing quarterly expenditures and sales for beer and food. 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 maintained in accordance with provisions of Utah Code Annotated section 32B-5-302, regarding on premises beer retailer record requirements. 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 on premises beer retailer - restaurant license.
K. Restaurant Business Percentages: If any inspection or audit discloses that the sales of food are less than seventy percent (70%) for any quarterly period, the city shall immediately put the licensee on a probationary status and closely monitor the licensee's food 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 food meet or exceed seventy percent (70%). Failure of the licensee to provide satisfactory proof of the required food 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.
L. Compliance: Each person granted an on premises beer retailer - restaurant 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)