A. Dining Club License: The city is required to give local consent for dining club applicants prior to the state issuing a dining club license. Prior to granting such local consent pursuant to section 6-5-170 of this chapter, the applicant shall apply for a business license with the city.
B. State And Local License Required: Before a dining club may sell alcohol, it must first obtain a business license from the city and the required state license from the Utah alcoholic beverage control commission. Local consent shall be determined per section 6-5-170 of this chapter. 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. Location Restrictions: Except as otherwise provided in subsection D of this section, the premises of dining club 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 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.
D. Variance: The city council may approve or give written consent to the commission to authorize a variance to reduce the proximity requirements of subsection C of this section in accordance with the procedures and criteria set forth in Utah Code Annotated section 32B-1-202, as amended.
E. 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 alcohol 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.
F. Hours Of Sales: Hours for dining clubs is governed by state law, pursuant to which the hours of sale are from ten o'clock (10:00) A.M. until twelve fifty nine o'clock (12:59) A.M.
G. Total Business Sales: Dining clubs shall maintain at least sixty percent (60%) of its total restaurant business from the sale of food, exclusive of service charge.
H. Records: All holders of a dining club license (issued by the state) 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 dining club 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 business license.
I. Restaurant Business Percentages: If any inspection or audit discloses that the sales of food are less than sixty percent (60%) 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 sixty percent (60%). 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.
J. Compliance: Each person granted local consent for a dining club license and the staff of such licensee shall abide by the conditions and requirements set forth in this chapter and state law requirements as outlined in the alcoholic beverage control act. 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.
K. Restriction Of Number Of Licenses: The total number of dining club licenses in the city shall not exceed one per every ten thousand (10,000) population of the city, based on the latest housing population estimate provided by the city manager and determined by the average household size and number or residential units in the city. (Ord. 2014-38, 12-2-2014)