It is unlawful:
A. License Required: For a person to buy for resale, sell or deal in alcoholic beverages without first having procured a class A beer retailer license or a class B restaurant business license duly issued by the city council or otherwise complying with the provisions of this chapter and the alcoholic beverage control act. Said license must be publicly displayed at all times.
B. Purchasing:
1. For any retail licensee to purchase alcoholic beverages from any person other than a properly licensed business, in accordance with the provisions of this chapter.
2. For any licensee to purchase or acquire to have or possess for the purpose of sale or distribution or consumption any beer or alcoholic beverage, except that which shall have been lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah alcoholic beverages control act.
C. Minors:
1. For a licensee or any employee or agent of a licensee to sell, furnish, dispose of, give or cause to be sold, furnished, disposed of or given to a person under the age of twenty one (21) years, or for a person under the age of twenty one (21) years to buy, receive, have in possession or consume, beer or any alcoholic beverage.
Whenever a licensee or its employee has a question regarding the age of a customer seeking to purchase beer or other alcoholic beverages, before making the sale it may request presentation of proof of age of the customer, and shall require the purchaser to sign a form provided by the licensee regarding their age, including the date of signature, and the number assigned to the person's proof of age by the issuing authority. Such form shall be filed alphabetically and maintained for three (3) years subject to review by a peace officer or representative of the state bureau of investigations or department of public safety.
2. For any person to furnish, provide or offer beer or other alcoholic beverages to a person under the age of twenty one (21) years, or to knowingly aid, induce, permit or otherwise assist in any way the consumption of beer or other alcoholic beverage by a person under the age of twenty one (21) years.
D. Age Of Employees: For a class A licensee to employ a minor to sell or dispose of beer or any alcoholic beverage except under the supervision of a person twenty one (21) years of age or older who is on the premises. It shall be illegal for a class B licensee to employ a person under the age of twenty one (21) to sell or dispose of beer or any alcoholic beverage.
E. Consumption By Licensee: For a licensee, when engaged in waiting on or serving customers, to consume beer or other alcoholic beverages, or to remain on or about the premises while in an intoxicated or disorderly condition.
F. Employee Purchase: For an employee of a licensee, during that employee's working hours or in connection with such employment, to give to or purchase for any other person, accept a gift of, purchase for himself or consume beer or any other alcoholic beverage.
G. Intoxicated And Disorderly Persons: For a licensee or other person to serve, sell or furnish beer or alcoholic beverage to an intoxicated or disorderly person, or for a licensee or employee of a licensee to allow or permit an intoxicated or disorderly person to come into or remain on or about the premises. It is the responsibility of the licensee to maintain proper order and decorum within his establishment by taking appropriate action to prohibit disorderly or prohibited conduct in the premises by a patron or employee.
H. Hours Regulated: For a class A licensee or an employee of such licensee to sell, deliver or give beer to a person between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M. For a class B licensee or any employee of such to sell, deliver or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon on any day. Class B licensees shall not sell, deliver, give away or allow to consume any alcoholic beverages on any day of any regular general, primary or special election or municipal, special district or school election until after the polls close. Failure to pick up and dispose of all drinks and beverages containing alcohol which have not been fully consumed at closing hours as set forth shall be considered permission to consume after closing hours and shall be a violation of this subsection.
I. Class A Consumption On Premises: For a class A retailer to sell beer except in original container or to permit beer or other alcoholic beverages to be consumed on the premises.
J. Class B Consumption On Site: For any person to bring any beer onto the premises of any class B licensee, or to possess or consume any beer not purchased from the licensee on said premises. It shall be unlawful for the licensee to allow or permit any person to bring, possess, or consume on the premises any beer or other alcoholic beverage not purchased from the licensee on said premises.
K. Advertising: For a person to advertise the sale of beer or alcoholic beverages, except as may be expressly permitted by the Utah alcoholic beverage control commission. Display of the license issued under this chapter shall be visible to the public and shall not be considered advertisement for alcohol consumption.
L. Lawful Purchasing: For any licensee to purchase or acquire to have or possess for the purpose of sale or distribution or consumption any beer or alcoholic beverage, except that which shall have been lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah alcoholic beverages control act.
M. Strict Liability: It shall constitute an offense of strict liability for any licensee to permit or allow any of the violations in this section to occur in or upon the licensed premises, and such licensee may be liable, in addition to an agent or employee.
N. Consumption In Specific Places: For a person to consume alcoholic beverages, including beer, in any place which is open to unrestricted use and access by the public, including, but not limited to, any building or permanent structure owned or leased by the state, county or city, city streets, roads and alleyways, state or county highways or roads, buildings and grounds used for school purposes, churches, parks or playgrounds.
O. Minor Consumption: For any person under the age of twenty one (21) years to purchase, possess or consume any beer or alcoholic beverage or product, or for any person under the age of twenty one (21) years to have any detectable amount of alcohol in the blood or system as a result of having consumed any beer or alcoholic beverage or product, as determined from a totality of the circumstances, including any breath or blood test or the administration of field sobriety tests.
P. Removal From Site Of Purchase: No person shall remove any beer or alcoholic beverage from the premises at which it was purchased except in the original container. It is a violation for a person to carry from the premises an open container that is used for drinking purposes and contains an alcoholic beverage.
Q. Sign Displayed: If malt beverage coolers or malt liquor is sold by the beer retailer for off premises consumption; the beer retailer shall display a sign at the location on the premises where the malt beverages or malt liquor is sold stating: "Many malt beverages contain alcohol. Please read the label."
R. Package Agency: No package agency shall be permitted or licensed.
S. Single Events: No single events shall be permitted or licensed.
T. Taverns: No taverns shall be permitted or licensed.
U. Illumination: Licensed premises shall be kept illuminated at all times while occupied or open for business, and no booth or kind of stall where alcoholic beverages are sold or consumed may be maintained unless all tables, chairs and occupants are kept open to full view from the main floor of the premises.
V. Prohibited Conduct: Acts or conduct on the licensee’s premises which constitute a nuisance activity or are otherwise contrary to the public welfare and morals, as addressed or defined by Utah Code Annotated sections 32B-1-104(1), 32B-1-504, 32B-3-301 through 32B-3-305, 32B-6-406.1, and chapter 10 of title 76, as amended, are prohibited.. (Ord. 2007-05, 1-17-2007; amd. Ord. 2023-09, 6-7-2023)