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A. Specified: The City shall not issue any new or additional tavern licenses. The City may only renew existing tavern licenses, permit a change of licensees at licensed premises existing as of the effective date hereof, or permit tavern licensed premises to move to new locations within the City. Applicants renewing, changing licensees or moving location must meet the requirements of this chapter and all other applicable ordinances of the City, pay applicable license fees, and be approved by the City Manager. Any tavern licensee whose license is revoked or not renewed, for whatever reason, shall not be entitled to obtain a new tavern license.
B. Moving To New Location; Restrictions: Notwithstanding the fact that a lessee of a tavern licensed premises is the licensee, for purposes of this section, the tavern license shall remain with the premises and only the owner of the premises may move the license to a new location, pursuant to this chapter. (Ord. 2018-06, 5-17-2018)
A. Purpose: Alcohol cannot be served by any person in the City of Holladay in an establishment governed by this chapter, without first obtaining an alcohol registration card by following the procedures outlined in this section.
B. Definitions: As used in this chapter:
EMPLOYED: Any person performing any type of work or assistance for or on behalf of any establishment covered by this chapter, at any establishment covered by this chapter, during hours such establishment is open to its members or to the public, whether or not pecuniary compensation is provided or offered therefor.
EMPLOYEE: Any person who is employed, as defined in this section, by any establishment covered by this chapter, whether the person is employed on a contractual basis, by fixed salary, or by any other means.
EMPLOYER: Any establishment, or the principals thereof, covered by this chapter.
C. Persons And Establishments Which Require Registration Cards: The persons and establishments covered by this chapter and required to obtain a registration card shall be as follows:
1. All employees of on-premises beer tavern and resort license establishments;
2. Beer-only restaurants which provide live entertainment on the premises;
3. Equity, fraternal, dining, and social clubs which sell, serve and dispense alcoholic beverages, including those employed as bartenders, waiters, waitresses, and managers; and
4. Those engaged in security, or the checking of identification to ensure that no person, including performers, enters the establishment who is not twenty one (21) years of age.
D. Procedure For Obtaining Card:
1. An employee applying for an alcohol registration card must apply at the Police Department's Office, provide proof of employment, and be photographed.
2. All applicants shall be required to furnish satisfactory proof of age via a valid form of identification as determined by the Police Department.
3. All applicants shall be required to furnish a current copy of a criminal background check conducted by the Utah Bureau of Criminal Identification (BCI).
4. The applicant shall pay the associated fees as set forth in the consolidated fee schedule approved by the City Council and on file with the licensing official.
E. Card Numbers To Be Registered By Employer: All registration card numbers obtained under the provisions of this chapter are to be registered by the employer personnel or payroll section, and kept as a part of the record of the employee.
F. Examination Of Employees' Cards:
1. The person or persons designated by each establishment as the agent(s) responsible for hiring and/or checking employees under the provisions of this chapter shall examine each employee's or prospective employee's registration card to determine the validity of the card for use in the particular establishment concerned.
2. If the prospective employee's card is found to be invalid as described above, the employee will be issued a new signed application form, which must be completed and presented along with the registration card to the local law enforcement agency's office for validation prior to commencing employment.
G. Period Of Validity: Unless revoked or suspended, each registration card issued pursuant to this chapter shall remain valid for a period of one year from the date of original issuance.
H. Possession Of Card Required; Cards Not Transferable:
1. All persons employed by an establishment governed by this chapter must have in their possession a valid registration card during times of employment with the establishment.
2. Registration cards are not transferable.
I. Denial Conditions; Appeals:
1. The UPD Holladay Precinct may revoke or deny, on behalf of the City, a registration card if the applicant:
a. Has been convicted of a felony, or any crime involving moral turpitude as defined by Utah Administrative Rule R708-2-3;
b. Has obtained a registration card by fraud or deceit;
c. Has failed to pay required fees;
d. Has violated the laws of the State or the ordinances of the County regulating the sale or distribution of alcoholic beverages, or a controlled substance as defined in section 58-37-1, et seq., Utah Code Annotated (1953), as amended;
e. Has an outstanding warrant for his or her arrest.
2. Any appeal of the denial of a registration card subject to the provisions of this chapter shall be heard and decided in accordance with the following:
a. The Council may appoint one or more Hearing Officers.
b. Any Hearing Officer acting at the direction of the Council shall have the power and authority to preside and conduct hearings and decide on appeal the suspension, revocation or denial of cards issued by the City, including the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents.
c. The Hearing Officer shall review the City's decision for correctness.
d. Hearing examiners acting at the direction of the Council shall have the authority to issue findings of fact, conclusions of law and orders, all based upon the evidence and testimony received.
e. The hearing examiner shall provide a record and provide the City Council with a copy of each decision.
J. Suspension And Revocation Conditions And Procedures:
1. The City may revoke or suspend registration cards if the holder has committed any of the offenses outlined in this chapter, or has utilized a registration card for the purpose of obtaining credit, or as identification for cashing checks.
2. Any appeal of the suspension or revocation of a registration card subject to the provisions of this chapter shall be heard and decided in accordance with the provisions set forth above.
K. Violation; Penalty: Any person employed in an establishment covered by this section who provides service without a valid alcohol registration card shall be guilty of a Class B misdemeanor. (Ord. 2018-06, 5-17-2018)
It is unlawful and shall constitute an offense of strict liability for any person to own or operate any premises licensed for the sale of alcoholic beverages without complying with the following lighting and view requirements:
A. Lighting: During business hours, a minimum of one candlepower light, measured at a level of five feet (5') above the floor, shall be maintained, except in gender segregated restaurants.
B. Booths Prohibited: No enclosed booths, blinds or stalls shall be erected or maintained.
C. Access: There shall be a clear and unobstructed access to all portions of the interior where patrons are permitted or served. (Ord. 2018-06, 5-17-2018)
A. Information Required: All applications for alcoholic beverage retail licenses or for renewal or reissuance of alcoholic beverage retail licenses authorized herein shall be filed and verified with the City License Department and shall contain the following information:
1. The name, current address and telephone number of the applicant.
2. The age and date of birth of the applicant.
3. The social security number of the applicant.
4. The State Sales Tax identification number of the applicant.
5. The citizenship and/or place of permanent residency of the applicant.
6. All addresses of the applicant for the previous five (5) years.
7. All names, addresses and the names of the licensing authorities of all businesses previously and presently owned or operated by the applicant.
8. The type of license desired.
9. The location of the premises to be licensed.
10. A statement verifying that the applicant meets all the requirements of the Alcoholic Beverage Control Act.
11. A statement verifying that the applicant is of good moral character.
12. Proof of training approved by the State.
13. An affirmative statement by the applicant that any employees who serve or sell beer shall be at least twenty one (21) years of age.
14. A sworn statement signed by the applicant that all the facts included in the application are true.
15. Any other information that the City may require.
B. Partnerships And Similar Businesses: If the applicant is a firm, partnership, association, group, corporation or a person with any other business interest in receiving a license hereunder, the above information shall be provided with respect to each partner, association member or corporate officer, director or member provided; however, that the application need only be signed by a single partner, member, corporate officer or person who is indicated as an applicant on the application.
C. Operator: If the business is to be operated by a person other than the applicant, said operator must join in the application and file the same information required of an applicant. It shall be grounds for revocation of the license for any business required to be licensed by this title, to be operated by any person who has not filed his operator's information at the time of renewal of the license, or, if operation is assumed during the license period, at least ten (10) days prior to assuming operation of the business.
D. Statement Under Oath: The application and operator's information must be subscribed by the applicant and operator who shall state under oath that the information contained therein is true.
E. Referral; Certificate; Information: The City License Department shall submit copies to the City Planning Commission and the City's relevant contract providers, including building inspection, Fire Department, Health Department as provided in section 5.24.200 of this chapter and City's Public Safety Officer as provided in section 5.24.210 of this chapter, each or any of which may require additional information to assure compliance with relevant ordinances and laws. Only after receiving signed, written approval from each of the entities identified herein, shall the License Department be authorized to prepare a certificate to the City for the City Manager's approval. The certificate to the City Manager shall contain the following information:
1. The person's name to whom the certificate relates;
2. The type of license to be issued;
3. The prepaid expiration date of the license;
4. The prepaid place of business licensed; and
5. A statement that all the entities identified herein have approved the same. (Ord. 2018-06, 5-17-2018)
All applications filed under section 5.24.190 of this chapter shall be referred to the Salt Lake Valley Health Department, which shall inspect all the premises to be licensed to assure sanitary compliance with the laws of the State, the ordinances of the City, and Health Department rules and regulations on the preparation, storage, distribution or sale of beer and food. If the Health Department determines that the premises fulfill all such sanitary requirements, the Health Department shall issue a permit to the licensee, a copy of which shall be attached to the application for license. (Ord. 2018-06, 5-17-2018)
A. Referral; Inspection And Report: All applications filed under section 5.24.190 of this chapter shall be referred to the City's Public Safety Officer or other authorized representative of the City for inspection and report. The City's Public Safety Officer or other contract provider shall, within ten (10) days after receiving such application, make report of:
1. The general reputation and character of the persons who habitually frequent such place;
2. The nature and the kind of business conducted at such place by the applicant or by any other person or by the applicant at any other place;
3. Whether such place is or has been conducted in a lawful, quiet and orderly manner;
4. The nature and kind of entertainment, if any, at such place;
5. Whether gambling is or has been permitted on the premises or by the applicant at any other place; and
6. The proximity of such premises to any school or church.
B. Recommendation: The City's Public Safety Officer or other authorized representative shall also add to such report his recommendation as to whether or not the application should be granted. (Ord. 2018-06, 5-17-2018)
Upon receipt of the certificate referred to in section 5.24.190 of this chapter, the City Manager shall consider the application and if in her or his opinion the license will not be detrimental to the health, safety and welfare of the citizens of the City and the applicant has complied with all applicable laws, ordinances and regulations, the City Manager may approve the license and authorize the License Department to issue the specified type of license to the applicant upon the licensed premises. If the license is for renewal of an existing wholesale or retail beer license, the same terms and conditions shall apply. (Ord. 2018-06, 5-17-2018)
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