5.24.030: SALES:

The Alcoholic Beverage Control Act, Utah Code Annotated sections 32B-1-101 et seq., as amended from time to time (the "Act"), is hereby adopted by this reference in its entirety as if set forth in full herein. The Act as adopted herein shall be construed to apply only to the incorporated areas of the City and shall be interpreted and constructed where necessary to carry out the intent of this chapter. (Ord. 2018-06, 5-17-2018)

5.24.020: DEFINITIONS:

All words and phrases used in this chapter shall have the same meaning given to them in the Act. In addition, the following words and phrases shall have the following additional meanings, unless a different meaning clearly appears from the context:

ALCOHOLIC BEVERAGE: "Beer" and "liquor" as those terms are defined herein.

ALCOHOLIC BEVERAGE LICENSES: A license issued pursuant to this chapter, including:

Bar Establishment License: A license issued in accordance with chapter 5, Retail Income Act, and chapter 6, part 4, Bar Establishment License of the Alcoholic Beverage Control Act, Utah Code Annotated section 32B-1-101, et seq.

Bar establishment includes:

A. An equity license (such as a country club),

B. A fraternal license, or

C. A bar license.

Off Premises Beer Retailer: A place of business wherein beer is sold in original containers for consumption off the premises in accordance with the State's Liquor Control Act and the licensing ordinance of the City.

On Premises Banquet: A business licensed by the UDABC to sell liquor, wine, heavy beer and beer to public patrons for consumption on the premises for contracted banquet activities in conjunction with a hotel, resort, sports facility or convention center.

On Premises Beer Retailer: A business licensed by the UDABC for the sale of beer (not liquor) to public patrons for consumption on the premises, including restaurants, sports facilities and other food/beverage facilities.

Package Agency: A business owned and operated by an individual and/or company, typically located in a hotel or resort, licensed by the UDABC on a contract basis which sells a limited selection of alcoholic beverage products for consumption off the agency's premises.

Restaurant; Beer Only: A business license issued by the UDABC for the sale of beer and for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.

Restaurant; Full Service: A business licensed by the UDABC for the sale of alcoholic beverages for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public, and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.

Restaurant; Limited Service: A business licensed by the UDABC for the sale of wine, beer and heavy beer for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public, and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.

Single Event Permit: A permit issued by the City for a specific event for a specific period of time and location and only available to groups, partnerships, limited liability corporations, churches, lodges or chapters of fraternal and social organizations or other bona fide organization and licensed by the UDABC for the sale of a specific range of alcoholic beverages to the general public or to the organization's invited guests for the duration of the event.

State Store: A facility for the sale of packaged alcoholic beverages located on premises owned or leased by the State and operated by State employees.

APPLICATION: A formal written request for the issuance of a permit or license.

BEER: A product that contains 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 is obtained by fermentation, infusion or decoction of malted grain. Beer includes products referred to as beer, ale, porter, stout, lager, or a malt or malted beverage. "Beer" does not include a flavored malt beverage.

COMMISSION: The Utah Alcoholic Beverage Control Commission.

FEE SCHEDULE: The City fee schedule adopted pursuant to section 5.06.050 of this title.

FLAVORED MALT BEVERAGE: A beverage that contains at least 0.5 percent alcohol by volume and is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer.

LICENSED PREMISES: Any room, house, building, structure or place occupied by any person licensed to sell beer or licensed to allow the consumption of liquor on such premises under this title. Multiple beer or liquor dispensing facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises; provided, that each dispensing point must be designated and the appropriate fee paid and the license prominently displayed at each dispensing point.

LICENSEE: Any person issued a license by the commission and the City to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.

LIQUOR: A. 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, including a flavored malt beverage.

B. Liquor does not include any beverage defined as beer, malt liquor, or malted beverage that has an alcohol content of less than four percent (4%) alcohol by volume.

LOCAL AUTHORITY: The Governing Body of the City of Holladay.

MINOR: Any person under the age of twenty one (21) years.

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 laws of the State of Utah or this title, or where persons resort to drinking alcoholic beverages contrary to the laws of the State of Utah or this title; or

B. Any persons are allowed to perform or simulate sexual intercourse, masturbation, oral copulation, anal copulation, bestiality, flagellation or any sexual acts prohibited by law; or

C. Any persons are allowed to simulate or actually touch, caress or fondle female breasts, or the buttocks, anus or genitalia of either sex; or

D. Any persons are allowed to actually display or simulate the display of pubic hair, buttocks, vulva, anus, genitalia or female breasts below a point immediately above the top of the areola; or

E. Minors are permitted to purchase or drink alcoholic beverages; or

F. Laws or ordinances are violated by licensee or his agents or patrons upon such premises or upon leaving such premises which tend to affect the public health, peace, morals, welfare, comfort or safety.

OPEN BOTTLE, CAN OR OTHER RECEPTACLE: As used in this chapter, means a container having within it an alcoholic beverage, which container has been opened, its seal broken or the contents of which have been partially consumed.

PERSON: Any individual, partnership, firm, corporation, association, business trust, limited liability company, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.

PLACE OF BUSINESS: Shall include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets, and any other place where the general public is invited or admitted for business purposes, and shall be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only the members, visitors and their guests are invited. Occupied hotels and motels that are not open to the public shall not be deemed to be "places of business" as herein defined.

PUBLIC PLACE: Means and refers to any of the following which are open to and generally used by the public: streets, roads and alleys of incorporated cities and towns; state or county highways or roads; buildings and grounds used for school purposes, and public dance halls and adjacent grounds; any place of public resort or amusement; lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages, and service stations; any public conveyance and its depots and waiting rooms which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks or playground; and all other places which under this title have been declared to be a public place.

RESIDENCE: Means and includes any building or part of a building where a person resides, but shall not include any part of a building which is not actually and exclusively used as a private residence, nor any part of a hotel other than a private guestroom, nor a club or any part thereof, nor any place from which there is access to a club or hotel through a street or lane or other open and unobstructed means of access, nor any portion of a building used in part for business purposes unless such portion is separated from the part used for business purposes by a wall or walls having no doors or other means of access opening into such part used for business purposes.

RESTAURANT: A place of business where food is prepared and served to the public for consumption on or off the premises.

RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer.

SELL, SALE AND TO SELL: Any transaction, exchange or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this title or the rules adopted by the City or the commission.

STATE STORE: A facility for the sale of packaged liquor located on premises owned or leased by the State of Utah and operated by State employees. This term does not apply to restaurants, private clubs or package agencies.

UNPERMITTED PUBLIC PLACE: A. As used in this chapter, means:

1. Any street, right-of-way, sidewalk, alley, publicly owned property or City, State or County road located within the City limits and which abuts upon: a) any County or City owned real property; or b) any business required to have a City business license pursuant to this title;

2. Boarded or abandoned commercial buildings;

3. Vacant lots in areas zoned for commercial or manufacturing uses; or

4. Any publicly owned building or publicly owned real property.

B. "Unpermitted public place" shall not mean or include a premises or area identified in a license or permit issued by the City as authorizing the possession or consumption of alcohol, when there is conformance with the applicable license or permit restrictions; businesses specifically permitted under this title; businesses licensed as "home occupations", as defined in this title; or "apartments", as defined in accordance with title 13 of this Code.

Any term used herein but not specifically defined shall have the meaning set forth within the Alcoholic Beverage Control Act, or, if not defined therein, shall have the meaning commonly applied to the term within the context of this chapter and the Alcoholic Beverage Control Act. (Ord. 2018-06, 5-17-2018)

5.24.030: SALES:

A. Licenses Required: It shall be unlawful for any person to engage in the business of selling alcoholic beverages within the City without first obtaining a general business license pursuant to this title and a retail alcoholic beverages license from the City. Unless provided otherwise in the retail alcoholic beverages license, a separate retail alcoholic beverages license shall be required for each individual location or place of business where beer is sold.

B. Possession And Consumption: Except as provided in Utah Code Annotated section 32A-12-213(1), it shall be unlawful for any person to operate any place of business, association, establishment, restaurant, club or similar business which allows customers, members, guests, visitors or other persons to possess or consume alcoholic beverages on the premises without first procuring a retail alcoholic beverage license therefor as provided in this chapter. (Ord. 2018-06, 5-17-2018)

5.24.040: RETAIL LICENSE CLASSIFICATIONS:

Retail licenses for alcoholic beverages licenses issued under the provisions of this chapter shall be classified into the following types and shall be defined as set forth in the Act. Each respective license shall carry the privileges and responsibilities hereinafter set forth in this chapter.

A. Bar establishment license which may include:

1. Equity license;

2. Fraternal license;

3. Bar license;

B. Off premises beer retailer;

C. On premises beer retailer;

D. On premises banquet;

E. Full service restaurant;

F. Limited service restaurant;

G. Beer-only restaurant;

H. Reception center;

I. Hotel;

J. Resort;

K. Single event permit. (Ord. 2018-06, 5-17-2018)

5.24.050: BREWERY:

A. Sales: A brewery license may be issued to a business for the manufacture, brewing, storage, transportation or export of beer and heavy beer as allowed by the title R81 of the Utah State Administrative Code - Alcoholic Beverage Control Administration. For the purposes of this title, a brewery license shall only be issued in conjunction with a bona fide on premises beer retail license.

B. Applicability Of Limited Service Restaurant Requirements: A brewery shall abide by all requirements imposed on limited service restaurant licenses. (Ord. 2018-06, 5-17-2018)

5.24.060: BAR ESTABLISHMENT:

A. Sales: A bar establishment license shall entitle the licensee, such as an equity club, fraternal club, or a bar, to sell alcohol, wine, heavy beer and beer for consumption on the premises in conjunction with the sale of food as allowed by the title R81 of the Utah State Administrative Code - Alcoholic Beverage Control Administration.

B. Presence Of Minors Prohibited: It is unlawful and shall constitute an offense of strict liability for minors to be admitted to an equity, fraternal, or social club under any circumstances except that:

1. A minor may be permitted on the premises of an equity or fraternal club as allowed by the bylaws of that club but cannot be in a bar area, or serve, purchase or consume alcohol.

C. Proximity Requirements: No bar establishment license shall be issued unless it satisfies the proximity requirements of Utah Code Annotated section 32B-1-202, as amended. (Ord. 2018-06, 5-17-2018)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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