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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)
A. Authorized: Licenses may be suspended or revoked for the violation on the licensed premises or by licensee of any provision of this title, or of any other applicable ordinances or law relating to alcoholic beverages, or if the person to whom the license was issued no longer possesses the qualification required by this title and the Statutes of the State.
B. Suspension Prior To Hearing: All licenses issued pursuant to this title may be suspended and the premises closed by the City's Public Safety Officer without a prior hearing. At the time of a suspension, notice shall be given to the licensee of the causes of such suspension and of the licensee's right to petition the City for a hearing within ten (10) days after the date of such suspension. If cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration. However, no license shall be revoked or suspended beyond the initial hearing without first establishing cause therefor, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the causes specified for revocation.
C. Sales Prohibited After Suspension Or Revocation: It is unlawful for any person to sell alcoholic beverages at the licensed premises during such period of suspension, or after the revocation of the person's alcoholic beverage license. (Ord. 2018-06, 5-17-2018)
A license granted hereunder is issued by the City only in conjunction with an applicable State license, except as specifically provided otherwise. During any period an applicable State license is not in effect for a given premises, whether by reason of suspension, revocation or any other reason, the City license for the premises shall automatically terminate. Upon presentation of written proof that the commission has reinstated or otherwise revalidated the applicable State license, the City license shall be deemed to be valid and in full force and effect. Nothing in this subsection shall be construed to prohibit or restrict the City from enforcing State law or City ordinance as allowed by law regarding alcoholic beverage sales and licensing in the City. (Ord. 2018-06, 5-17-2018)
A. Specified: No license shall be granted unless the applicant is a lawful resident of the United States, is age twenty one (21) or over, of good moral character, a citizen of the United States or a permanent resident of the United States (alien registration card required) and the applicant satisfies the qualifications set forth in Utah Code Annotated section 32A-10-203.
B. Partnership Or Similar Business: If the applicant is a firm, partnership, association, group, corporation, limited liability company, or any other business entity, each partner, association member, corporate officer, director or any other person having ownership interest in the business that is applying for a license shall meet all of the foregoing restrictions as if such individuals were the applicant. The operator or person having management responsibilities shall also meet all of the foregoing restrictions. (Ord. 2018-06, 5-17-2018)
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