All words and phrases defined in this chapter shall be given the following defined meanings wherever used in this title:
ALCOHOLIC BEVERAGES: "Beer" and "liquor", as they are defined herein.
APPLICATION: A formal written request for the issuance of a license.
BEER: All products that contain at least 0.5 percent of alcohol by volume, but not more than four percent (4%) of alcohol by volume or 3.2 percent by weight and are obtained by fermentation, infusion, or decoction of malted grain. Beer may or may not contain hops or other vegetable products. Beer includes all products that contain alcohol in the percentages described above and is referred to as, beer, ale, porter, stout, lager or a malt or malted beverage. Beer does not include a flavored malt beverage.
LICENSE: The right to engage in the type of conduct hereafter described, as evidenced by a written document issued by this city. Licenses issued pursuant to this chapter shall be of one of the following types and shall authorize the type of conduct, and only the type of conduct, indicated after each designation:
A. Class A Off Premises Beer Retailer License: Authorizes the licensee to sell beer on the licensed premises in original containers for consumption off the licensed premises. All employees between sixteen (16) years old and twenty one (21) years old are to be supervised by a person on the store premises who is twenty one (21) years or older.
B. Class B Beer Only Restaurant License: Authorizes the licensee to sell beer on the licensed premises occupied by a restaurant for consumption on the premises in conjunction with a meal and in strict compliance with the Utah alcoholic beverage control act.
C. Class C Limited Service Restaurant License: Authorizes the licensee to sell wine and beer on the licensed premises of the restaurant for consumption on the premises in conjunction with a meal and in strict compliance with the Utah alcoholic beverage control act.
D. Class D On Premises Retail Beer License: Authorizes the licensee to sell beer to bona fide patrons at golf courses and bowling alleys for consumption on the premises as a secondary or incidental use only and in strict compliance with the Utah alcoholic beverage control act.
E. Class E Full Service Restaurant License: Authorizes the licensee to sell liquor and beer on the licensed premises of the restaurant for consumption on the premises in conjunction with a meal and in strict compliance with the Utah alcoholic beverage control act.
LICENSEE: Includes the person, firm, corporation or association to whom the license is issued, and also means and includes the licensee's managers, agents, servants and employees, and all other persons acting for the licensee with his/her consent or knowledge.
LIQUOR: Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous or fermented, and all other drinks or drinkable liquids that contain more than one-half of one percent (0.5%) of alcohol by volume and is suitable to use for beverage purposes. Liquor includes heavy beer, wine and flavored malt beverages. Liquor does not include beer.
NUISANCE: Any room, house, building, structure, place or licensed premises, where:
A. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the alcoholic beverage control act of Utah or this title, or where persons resort for drinking alcoholic beverages contrary to the alcoholic beverage control act of Utah or this chapter; or
B. Intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted or carried on; or
C. Persons under the age of twenty one (21) are permitted to purchase or drink alcoholic beverages, or are employed in violation of this chapter; or
D. Laws or ordinances are violated by licensee or his agents or patrons with the consent or knowledge of licensee upon such premises; or
E. Any condition dangerous to human life or health is permitted to exist, and all alcoholic beverages, packages, equipment and other property used in maintaining the same.
PLACE OF BUSINESS: Shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include corporations and associations operating under charter or otherwise wherein only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be "places of business", as herein defined.
RESTAURANT: Any place of business where a variety of hot food is prepared and cooked and complete meals are served to the general public in connection with indoor or outdoor dining accommodations.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer.
SELL OR TO SELL: When used in this chapter in any provision, shall be construed to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in for any consideration proposed or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling, as above defined.
WHOLESALER: Any person other than a brewer or retailer engaged in importation for sale or in the sale of alcoholic beverages in wholesale or jobbing quantities. (Ord. 2016-07)