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A. Staff Review: Upon receipt of an application for a beer retailer license, the business license official shall review the application and gather information regarding the application and applicant qualifications. The business license official shall also distribute copies of the application and all other necessary information to appropriate departments of the city for their review and comment. Upon completion of review and investigation of the application and applicant qualifications, the business license official shall determine whether or not to grant the requested license based on the criteria set forth in this section and applicable requirements of this chapter.
B. Criteria: Before issuing a beer license under the provisions of this chapter, the business license official shall determine that the applicant has complied with all qualifications and requirements for making application for the applicable license and that the application is complete. The business license official shall also determine that the person applying for the license is not disqualified under the provisions of Utah Code Annotated section 32B-1-304, as amended, and that the application complies with the specific licensing requirements specified in this chapter for the type of license for which the person is applying.
C. Disqualification: No beer license shall be issued to any person that is disqualified under the provisions of Utah Code Annotated section 32B-1-304, as amended, or any person who is not lawfully present in the United States. (Ord. 2014-38, 12-2-2014)
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)
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)
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)
A. Temporary Special Event License: A temporary special event license shall authorize the licensee to sell, offer for sale, or furnish beer at retail for on premises consumption at a temporary event that does not last longer than thirty (30) days and shall authorize the storage, service and consumption of beer at such temporary event.
B. State And Local License Required: Before a person may sell beer at retail for on premises consumption at a special event, it must first obtain a temporary special event license from the city and the required license or permit from the Utah alcoholic beverage control commission. Pursuant to Utah Code Annotated section 32B-9-404, 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. General Restrictions: A temporary special event licensee shall comply with the general restrictions set forth in Utah Code Annotated section 32B-9-204, as amended.
D. Operational Restrictions: A person granted a temporary special event license from the city and the staff of the licensee shall comply with all of the general operations requirements set forth in Utah Code Annotated section 32B-9-204, as amended, for event permits, and section 32B-9-406, as amended, regarding specific operational requirements for temporary event beer permits. The provisions of section 32B-9-406, as amended, are adopted by this reference as if fully set forth herein.
E. Compliance: Each person granted a temporary special event license and the staff of the licensee shall abide by the conditions and requirements set forth in this chapter and all state law requirements. Failure to comply may result in suspension or revocation of the license or other disciplinary action taken against staff or the licensee.
F. Records: All holders of a temporary special event license shall maintain records which shall disclose the gross sales of beer sold for consumption during the temporary event. Each licensee shall retain all invoices, vouchers, sales slips, receipts and other records and other commodity purchases from all suppliers. Such records shall be available for inspection and audit by the city license official at any time during the temporary special event and for a period of eighteen (18) months after the end of the temporary event. Failure to properly maintain such records for such inspection and audit shall be cause for revocation of the license. Licensees shall also comply with the records requirements set forth in Utah Code Annotated section 32B-9-406, as amended.
G. Restriction On Number: No person may be issued more than three (3) temporary special event licenses in any calendar year. (Ord. 2014-38, 12-2-2014)
A. License, Fee Required: It is unlawful for any person to sell beer within the city without first having procured a license therefor from the city as provided in this chapter and paying the license fee and any other applicable fees as set forth in the city fee schedule.
B. Sales After Revocation: It is unlawful for any person to sell beer after the revocation of a license issued pursuant to this chapter.
C. Separate License: A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. It shall be unlawful for any licensee to violate any of the terms of his or her license.
D. Compliance: Any person granted a beer license under the provisions of this chapter, and staff of such licensee, shall comply with the provisions of this chapter and all applicable state statutes, rules and regulations regarding retail licensees, including, but not limited to, applicable provisions of the Utah alcoholic beverage control act, as more particularly set forth in Utah Code Annotated section 32B-1-101 et seq., as amended, and the rules and regulations of the Utah state alcoholic beverage control commission promulgated pursuant thereto, including, but not limited to, the rules set forth in Utah administrative code R81, as amended.
E. Zoning Applicability: Licensees and licensed premises shall meet and comply with applicable zoning ordinance regulations and restrictions and any other applicable city ordinance requirements. (Ord. 2014-38, 12-2-2014)
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