A. Dance Halls, Intoxicated Persons, Gasoline Sales: It is unlawful for any person to sell beer at any public dance or to any person intoxicated, or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any dance hall or theater, and a Class B or C license to sell beer shall not be granted to any person to sell beer at any business or premises where gasoline for the use in motor vehicles is sold. (Ord. 11-22-83, 11-22-1983)
B. Location To Church Or School: No license shall be granted to sell beer in any dance hall, theater or within two hundred (200) yards of any church or within five hundred (500) yards of any school, as measured from front door to front door.
C. Hours Of Operation:
1. It shall be unlawful for any holder of a Class B or Class C beer license or employees or agents of said holder, to sell, dispense, furnish or give beer to any person after the hour of twelve o'clock (12:00) midnight, Monday through Thursday and after the hour of one o'clock (1:00) A.M. on Friday and Saturday.
2. Licensees must close the entire business operations, empty the premises of all persons, personnel and customers, and lock the facility during the hours of one o'clock (1:00) A.M. until eight o'clock (8:00) A.M. Monday through Thursday and from two o'clock (2:00) A.M. to eight o'clock (8:00) A.M. on Friday and Saturday, except that the closing hour on the day following December 31 of any year shall be three o'clock (3:00) A.M. (Ord. 5-26-87, 5-26-1987)
3. Any person having a Class B or C beer license or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time above stated in subsection C1 of this Section.
4. It shall be unlawful for any person having a Class B or C beer license or for his agents or employees to permit any patron, customer or individual not employed on the premises to remain on such premises after the closing time above provided; provided however, no licensed premises may employ more than two (2) persons on the premises after the closing hour without the permission of the Emery County Sheriff's Department or the Mayor.
D. Illumination; Advertising: Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer, except under such regulations as are made by the Alcoholic Beverage Control Commission of Utah; provided, that a simple designation of the fact that beer is sold under City license may be placed in or upon the window or front of the licensed premises.
E. Manner Of Sales: It shall be unlawful for any person to sell beer, except in the manner for which he has been so licensed, pursuant to the provisions of this Chapter. (1979 Code § 4-424; amd. 1998 Code)
F. Number Issued: The total number of Class B and Class C beer licenses issued in the City shall not exceed four (4) and the number of Class A beer licenses shall be at the discretion of the City Council; provided, that the Ordinance codified in this Chapter shall not operate to reduce the number of businesses now licensed to sell beer, whether issued by the City or by the County, if such business is annexed, nor shall it affect reapplications for such licenses. (Ord. 5-9-89, 5-9-1989)
G. Minors:
1. It shall be unlawful to allow anyone in any establishment possessing a Class B or Class C beer license under the age of twenty one (21). It shall also be unlawful to sell beer to any person under the age of twenty one (21) or to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises. (Ord. 4-14-87, 4-14-1987)
2. It shall be unlawful and shall constitute an offense of strict liability for any person under the age of twenty one (21) years to enter or be in or about any premises licensed as a Class C beer license or to drink beer, or any other intoxicating liquor, in said licensed premises.
3. It shall be unlawful and shall constitute an offense of strict liability for any licensee of a Class C beer license, or any operator, agent or employee of such licensee, to permit any person under the age of twenty one (21) years to remain in or about such licensed premises.
4. It shall be unlawful and shall constitute an offense of strict liability for any person under the age of twenty one (21) years to be in or around any lounge or bar area in a premises licensed for the sale of beer.
5. It shall be unlawful and shall constitute an offense of strict liability for any licensee of a license for the sale of beer, or any operator, agent or employee of said licensee, to permit any person under the age of twenty one (21) years to be in or about the lounge or bar area of such licensed premises.
6. It shall be unlawful and shall constitute an offense of strict liability for any person under the age of twenty one (21) years to purchase, accept or have any beer or liquor; provided, that this subsection shall not apply to persons under twenty one (21) years of age who are bona fide employees of a Class A licensed premises while in the discharge of their employment therein or thereabouts. (Ord. 11-14-89, 11-14-1989)
H. Lawful Purchase: It is a Class B misdemeanor, subject to penalty as provided in Section 1-4-1 of this Code, for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution, any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Alcoholic Beverage Control Act. (1979 Code § 9-416; amd. 1998 Code)