ORDINANCE NO. 24-04
AN ORDINANCE AMENDING SECTION 5.10 OF THE LOGAN MUNICIPAL CODE REGULATING ALCOHOLIC BEVERAGES:
BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF LOGAN, STATE OF UTAH AS FOLLOWS:
SECTION 1: That certain code chapter 5.10 entitled “Alcoholic Beverages" is amended as attached hereto as Exhibit A.
SECTION 2: This ordinance shall become effective upon publication.
PASSED BY THE LOGAN MUNICIPAL COUNCIL, STATE OF UTAH, 20th
THIS DAY OF February, 2024.
AYES:
NAYS:
ABSENT:
Amy Z. Anderson, Chair
ATTEST:
________________________________
Teresa Harris, City Recorder
PRESENTATION TO MAYOR
The foregoing ordinance was presented by the Logan Municipal Council to the Mayor for approval or disapproval on the __20th__ day of __February_____________, 2024.
_______________________________
Amy Z. Anderson, Chair
MAYOR’S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved_this 20
th
day of February, 2024.
________________________________
Holly H. Daines, Mayor
EXHIBIT A
LOGAN MUNICIPAL CODE
CHAPTER 5.10
ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGES
5.10.050: License Required
5.10.060: Application and Renewal Requirements
5.10.080: Qualifications
5.10.090: Operational Restrictions
5.10.100: Enforcement
5.10.110: Appellate Process
5.10.120: Emergencies
5.10.0670: Condition For Issuance; No Debts To City
5.10.210: Live Entertainment
5.10.220: Tavern
5.10.230: Brew Restaurant
5.10.240: Taproom
5.10.2540: Manufacturing
5.10.250: Package Agency
510.260: Single Event Permit
The city adopts the state of Utah alcoholic beverage control act (UABC), in its entirety, as amended from time to time and supplemented by ordinance. It is the responsibility of any applicant for an alcoholic beverage license, consent or permit to be in compliance with identified conditions and requirements of state law and local ordinances prior to making application with the city for any license (including any license, consent or permit, as the specific licensing designation may be). It is the obligation of each applicant and licensee (including any licensee, consentee or permittee) to stay in compliance with state law and local ordinances regardless of changes to those laws and ordinances. (Ord. 14-75, 2014)
It has been and is the policy of the city to neither promote nor encourage the sale or consumption of alcoholic beverages, but to license, tax and regulate the sale or other distribution of alcoholic beverages and protect the public interest, including the rights of citizens who do not wish to be involved with alcoholic products. (Ord. 96-64 § 1, 1996)
BREW RESTAURANT: A business licensed to manufacture and sell beer for primarily on premises consumption in connection with a bona fide restaurant where the revenue from the sale of beer is less than fifty percent (50%) of the gross dollar volume. A brew restaurant is also licensed to brew beer in batch sizes that provide enough beer for primarilythe sale and consumption on site in connection with the restaurant and has any licenses subject to the applicable provisions of the DABSC. The alcohol to food sales revenue ratio for a Brew Restaurant shall comply with the requirements UABC for a restaurant.
LICENSE REVIEW AUTHORITIES: Any departmental or other state, county, or city authorities assigned by the business license administrator to review each application to ascertain code compliance, including, but not limited to: chief of the police department; chief of the fire department; community development department director for zoning, planning and building code compliance; and health officials at city, county and/or state levels, and their designees.
LOCAL CONSENT: Local business licensing authority to provide written consent to the Alcoholic Beverage Services Commission to issue an alcohol license. Application approval by the administrator is based on applicant or consentee compliance with all terms and conditions under this chapter. Such approval shall be communicated to the DABSC for their license application/renewal review purposes.
POPULATION: Figures used shall be determined by the most recent U.S. decennial or special census or by any other population determination made by the United States government or the state or by calculating the number of residents of Logan using the municipal population estimate provided by the governor's office of planning and adding the number of residents on Utah State University property in the city of Logan boundaries.
TAPROOM: A business licensed to manufacture and sell beer for primarily on premises consumption in connection with a bar or tavern. A Taproom is licensed to brew beer in batch sizes that provide enough beer for primarily sale and consumption on site in connection with the tavern and has any licenses subject to the applicable provisions of the DABS. A Taproom shall not exceed 5,000 SF gross floor area.
B. If any person neglects, fails or refuses to pay the amount assessed for the license renewal when it becomes due and payable, a penalty of fifty dollars ($50.00) and ten percent (10%) of the amount of such license shall be added to the original amount and the same shall be collected as other licenses are collected and payment thereof is enforced. (Ord. 96-64 § 1, 1996)
5.10.050: LICENSE REQUIRED DIVISIONS POWER TO GRANT CONSENTS; LIMITATIONS
A. It is unlawful for any person to engage in the business of the sale, manufacturing, packaging, single events, or warehousing of alcohol within the city without first having procured a license from the city as provided in this chapter. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued.
B. The division may issue local consent for businesses located in this city. State alcohol license issuance shall be determined by the DABS and shall entitle the consentee to only those privileges they may have by virtue of having been issued a state liquor license and shall thereafter exercise the privileges granted them under the UABC only as they are in harmony with the state license issued and with city code. A local consent to a state liquor license is required prior to the state's original and annual consideration for licensure. Such local consent will not be granted until the applicant has met all applicable city and state requirements.
C. A person may not sell or offer for sale any alcoholic beverage subject to alcohol licensure unless an alcohol license has been issued by the state following local consent. A separate consent is required for each place of business and for each premises having different ownership. A separate business license is required for each business name used.
D. The division may prescribe by policy, as consistent with state law, the general operational requirements of consentees relating to:
1. Physical facilities;
2. Other matters considered appropriate by the division as they are allowed by state law.
E. The division may grant consents to a state alcohol license when the applicant is in compliance with all applicable municipal code. Licenses will be issued based on state application approval and license availability. (Ord. 96-64 § 1, 1996)
F. Each licensee shall comply with all applicable federal, state, and local laws. Failure to do so may result in the suspension or revocation of the licensee's license, permit or consent.
5.10.060310: APPLICATION AND RENEWAL REQUIREMENTS:
A. Each person seeking an alcohol license restaurant liquor consent under this chapter shall file a written application with the division, in a form prescribed by the administrator. It shall be accompanied by:
1. A nonrefundable application fee (for a determination of all fees under this section, refer to the current alcoholic beverage application and license fee schedule approved by municipal council);
2. An initial annual consent fee. The consent fee is not prorated and is in effect until the regular consent renewal cycle following state licensure. The annual consent fee is refundable if consent is not granted by the city or if the respective license is not granted by the state within one year of local consent. The denied applicant may submit a new application for city consent when conditions render the situation approvable by state law and city code;
3. A statement of the purpose for which the applicant has applied for the consent to a restaurant liquor license;
4. A signed consent form granting an irrevocable license to the city permitting any authorized representative of the division or any law enforcement officer unrestricted right to enter and inspect the premises; and
5. Any other documents and evidence the division may require by rule or policy to allow complete evaluation of the application.
B. Each application shall be signed and verified by oath or affirmation by an executive officer or any person specifically authorized by the corporation or association to sign the application, to which shall be attached written evidence of said authority.
BC. Prior to operating under the authority of this chapter, each approved applicant must obtain and provide to the business license administrator proof of:
1. Respective state licensure immediately upon state approval (not more than 1 year from approval of the original local consent);
2. A surety compliance bond in the amount of five thousand dollars ($5,000.00);
23. Respective federal licensure immediately upon federal approval.
D. All city restaurant liquor consentsalcohol licenses expire on December 31November 30 of each year. Persons desiring to renew their consent license shall submit a renewal fee and a completed renewal application to the division no later than December 31October 31 of the year the consent license expires. Failure to meet the renewal requirements results in an automatic forfeiture of the consent license effective on the date the existing licenseconsent expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by: the license renewal fee.
1. Proof of a surety compliance bond in the amount of five thousand dollars ($5,000.00);
2. The consent renewal fee; and
3. Copies of current state and federal licenses.
E. If any restaurant liquor consentalcohol license holder holder does not immediately notify the division of any change in the ownership of the entity holding the consent, or in the case of a Utah corporate owner of any change in the corporate officers or directors, the division may suspend or revoke that license. (Ord. 96-64 § 1, 1996)
5.10.070320: DUTIES OF DIVISION BEFORE GRANTING CONSENTS:
Before any restaurant liquorlocal consent may be granted or city alcohol license may be issued by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities include, but are not limited to:
A. Conformance with all appropriate building codes, as inspected and verified by the building inspection division of the community development department;
B. Police and criminal background check and clearance by the city police department;
C. Zoning and planning review by the community development department to address issues of locality, proximity, building design and conformance with relative code;
D. Fire department inspections of premises and determination of code compliance;
E. Reviews and inspections by various health officers, including city and state representatives making determinations regarding hazardous waste, solid waste, environmental health, pretreatment requirements, and other health issues which may be presented;
F. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, and Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
G. Division review for complete information on the application, including the provision of:
1. Authorized signature on the application and written evidence of said authority;
2. Appropriate application and license fees; and
3. Any other documentation considered necessary to render a determination. (Ord. 96-64 § 1, 1996)
5.10.080330: QUALIFICATIONS:
If any person to whom an alcohol license consent has been issued under this chapter no longer possesses the qualifications required by this chapter and UABC for obtaining that consentlicense, the business license administrator may suspend or revoke that consentlicense. (Ord. 14-75, 2014)
5.10.090350: OPERATIONAL RESTRICTIONS:
Each person entity issued an alcohol license granted a restaurant liquor consent shall conform to all the operational restrictions assigned by the UABC, including the following conditions:
A. Transfers will not be granted from one person, partnership or corporation to another person, partnership or corporation.
B. There shall be no transfer of an alcohol license restaurant liquor consent from one location to another without prior written approval of the administrator. Transfers may be granted for a change of location within the city by the original consentee licensee providing all qualifying conditions are met.
C. Each separate location must be separately licensed.
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license/ and/or consent for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 96-64 § 1, 1996)
E. It is unlawful to sell, serve, or give away alcoholic beverages except during the hours allowed by state law.
5.10.100: ENFORCEMENT
A Any alcohol license issued pursuant to the provisions of this chapter by the administrator may be suspended or revoked for the violation by the licensee of any provisions in this chapter or any other applicable ordinance or law, failure to pay license fees, or falsification of application.
B. Violation of this section are subject to Administrative Enforcement provisions of the Land Development Code Chapter 17.60 and is a class B misdemeanor. Should the city be required ot take action to suspend a license on more than one occasion within a three (3) year period, the alcohol license shall be revoked for a period of not less than one year.
5.10.110050: APPELLATE PROCESS:
Appeal from any decision regarding alcohol license transfer, probation, conditional approval, denial, revocation, suspension or nonrenewal shall be pursuant to the appellate process identified in section 5.02.160 of this title. (Ord. 02-62 § 1, 2002: Ord. 96-64 § 1, 1996)
5.10.200: LICENSE TYPES NOT SPECIFIED: DIVISION'S POWER TO GRANT CONSENTS; LIMITATIONS:
UABC license types that are not specifically referenced in this section are allowed in the city subject to zoning., local license shall be required.
5.10.210: LIVE ENTERTAINMENT:
Any duly licensed business establishments which sell alcoholic beverages for consumption on the premises which permit their patrons to dance or entertains their patrons with live performers who sing or dance shall obtain a cabaret license.
5.10.220: TAVERN:
A. The division may grant local consents to a tavern based on one per ten thousand (10,000) population.
B. Live entertainment is allowed only if the licensee obtains a cabaret license for the premises and complies with all pertinent ordinances.
5.10.875230: BREW RESTAURANT:
A. A brew restaurant is licensed to brew beer in batch sizes that provide enough beer for primarilythe sale and consumption on site in connection with the restaurant and has any licenses subject to the applicable provisions of the DABS. license shall entitle the licensee to sell light beer for consumption on the retailer's premises and to all of the privileges granted by local ordinances to the holder of a brew restaurant and liquor retailer license and in accordance with the UABC.
B. Brew restaurants licenses shall be limited to one per twenty thousand (20,000) population. Beer sales may not exceed fifty percent (50%) of total sales. If the gross sales of the business enterprise during any quarter of a calendar year develop so that the primary revenue resource becomes beer, the brew restaurant license shall be automatically suspended until the appropriate revenue basis is regained. Should the city be required to take action on more than one such noncompliance within a three (3) year period, the brew restaurant license shall be revoked for a period of not less than one year. The brew restaurant shall be required to report to the city on a quarterly basis the gross revenue from beer sales and gross revenue from all other sales and may be audited to determine compliance at any point.
C. Live entertainment is allowed only if the licensee obtains a cabaret license for the premises and complies with all pertinent ordinances.
D. If any portion of relative code is not complied with, all city licenses for the premises may be revoked or suspended. (Ord. 08-82, 2008)
5.10.240: TAPROOM:
A. A Taproom is licensed to manufacture and sell beer for primarily on premises consumption in connection with a bar or tavern. A Taproom is licensed to brew beer in batch sizes that provide enough beer for primarily sale and consumption on site in connection with the bar or tavern and has any licenses subject to the applicable provisions of the DABS.
B. A Taproom is subject to the Bar or Tavern population limits.
C. A Taproom shall not exceed 5,000 SF.
5.10.2540600: MANUFACTURING DIVISION'S POWER TO GRANT CONSENTS; LIMITATIONS:
Manufacturing is permitted and subject to zoning. See Logan Municipal Code Title 17, Logan Land Development Code. The division may not issue alcoholic beverage manufacturing consents, except for brew restaurants. Alcoholic beverage manufacturers shall only be allowed in conjunction with a brew restaurant within the city. On premises beer retailers and liquor licensees with a current and valid alcoholic beverage license from the city and from the state may purchase wholesale from state licensed manufacturers which are located outside the city limits under terms compliant with state law and city code. Manufacturers wholesaling to local licensees must obtain a motor delivery business license from the business license administrator under the general business license provisions. Businesses that purchase from any manufacturer must first verify the manufacturer's current and valid motor delivery license with the city and appropriate state license(s). (Ord. 08-82, 2008)
5.10.250: PACKAGE AGENCY:
The division shall not issue a local consent for a state package agency license, except for brew restaurants. Type 5 Package Agency (brewery) license shall only be allowed in conjunction with a brew restaurant within the city.
5.10.260: SINGLE EVENT PERMIT:
A special event license issued by Logan City is required for all events where alcohol is being consumed and would require a State issued Singe Event Permit.
Entities seeking a Single Event Permit from the State shall also apply for a Special Event license from Logan City if applicable. A $50 Administrative Fee will be charged to process Single Event Local Consent applications that do not require a Special Event license from Logan City.
5.10.300: DIVISION'S POWER TO GRANT CONSENTS; LIMITATIONS:
A. The division may issue consent to a state restaurant liquor license for businesses located in this city. Restaurant liquor license issuance shall be determined by the DABC and shall entitle the consentee to only those privileges they may have by virtue of having been issued a state liquor license and shall thereafter exercise the privileges granted them under the UABC only as they are in harmony with the state license issued and with city code. A local consent to a state liquor license is required prior to the state's original and annual consideration for licensure. Such local consent will not be granted until the applicant has met all applicable city and state requirements.
B. A person may not sell or offer for sale at a restaurant any alcoholic beverage subject to liquor licensure unless a restaurant liquor license has been issued by the state following local consent. A separate consent is required for each place of business and for each premises having different ownership. A separate business license is required for each business name used. Violation of this subsection is a class B misdemeanor.
2. An initial annual consent fee. The consent fee is not prorated and is in effect until the regular consent renewal cycle following state licensure. The annual consent fee is refundable if consent is not granted by the city or if the respective license is not granted by the state within one year of local consent. The denied applicant may submit a new application for city consent when conditions render the situation approvable by state law and city code;
D. All city restaurant liquor consents expire on November 30 of each year. Persons desiring to renew their consent shall submit a renewal fee and a completed renewal application to the division no later than October 31 of the year the consent expires. Failure to meet the renewal requirements results in an automatic forfeiture of the consent effective on the date the existing consent expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by:
E. If any restaurant liquor consent holder does not immediately notify the division of any change in the ownership of the entity holding the consent, or in the case of a Utah corporate owner of any change in the corporate officers or directors, the division may suspend or revoke that license. (Ord. 96-64 § 1, 1996)
Before any restaurant liquor consent may be granted by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities include, but are not limited to:
F. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
Restaurant liquor consentees shall acquire and maintain a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the license. Evidence of such bonding shall be provided to the city annually with each consent renewal submission. (Ord. 96-64 § 1, 1996)
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license/consent for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 96-64 § 1, 1996)
A. The division may issue consent to a state bar establishment license for businesses located in this city. Bar establishment license means one of the following types of licenses as defined by the UABC: equity license, fraternal license or bar license. Bar establishment license issuance shall be determined by the DABC and shall entitle the consentee to only those privileges they may have by virtue of having been issued a state liquor license and shall thereafter exercise the privileges granted them under the Utah alcoholic beverage control act only as they are in harmony with the state license issued and with city code. A local consent to a state liquor license is required prior to the state's original annual consideration for licensure. Such local consent will not be granted until the applicant has met all applicable city and state requirements.
B. A person may not sell or offer for sale any alcoholic beverage in a bar establishment unless a bar establishment license has been issued by the state following local consent. A separate consent is required for each place of business and for each premises having different ownership. A separate business license is required for each business name used. One business name (DBA) may be used for each premises and the most appropriate city alcoholic beverage license may be applied for on behalf of each premises. The applicant shall not misrepresent either the boundaries of the premises, the ownership of the business operation, the type of business conducted nor the business name(s) used. Violation of this subsection is a class B misdemeanor.
2. An initial annual consent fee. The consent fee is not prorated and is in effect until the regular consent renewal cycle following state licensure. The annual consent fee is refundable if consent is not granted by the city or if the respective license is not granted by the state within one year of local consent. The denied applicant may submit a new application for city consent when conditions render the situation approvable by state law and city code;
D. All city bar establishment consents expire on November 30 of each year. Persons desiring to renew their consent shall submit a renewal fee and a completed renewal application to the division no later than October 31 of the year the consent expires. Failure to meet the renewal requirements results in an automatic forfeiture of the consent effective on the date the existing consent expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by:
E. If any bar establishment consent holder does not immediately notify the division of any change in the ownership of the entity holding the consent, or in the case of a Utah corporate owner of any change in the corporate officers or directors, the division may suspend or revoke that license. (Ord. 96-64 § 1, 1996; amd. Ord. 20-13, 6-16-2020)
A. Before any bar establishment consent may be granted by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities include, but are not limited to:
6. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
Private clubs shall acquire and maintain a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the license. Evidence of such bonding shall be provided to the city annually with each consent renewal submission. (Ord. 96-64 § 1, 1996; amd. Ord. 20-13, 6-16-2020)
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license/consent for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 96-64 § 1, 1996; amd. Ord. 20-13, 6- 16-2020)
The division may not issue alcoholic beverage manufacturing consents, except for brew restaurants. Alcoholic beverage manufacturers shall only be allowed in conjunction with a brew restaurant within the city. On premises beer retailers and liquor licensees with a current and valid alcoholic beverage license from the city and from the state may purchase wholesale from state licensed manufacturers which are located outside the city limits under terms compliant with state law and city code. Manufacturers wholesaling to local licensees must obtain a motor delivery business license from the business license administrator under the general business license provisions. Businesses that purchase from any manufacturer must first verify the manufacturer's current and valid motor delivery license with the city and appropriate state license(s). (Ord. 08-82, 2008)
A. The division may issue liquor warehousing license consents to businesses located in this city. Liquor warehouse license issuance shall be determined by the Utah department of alcoholic beverage control and shall entitle the consentee to only those privileges they may have by virtue of having been issued a state liquor warehousing license and shall thereafter exercise the privileges granted them under the act only as they are in harmony with the state license issued and with city code. A city business license and a liquor warehousing license consent are required for private enterprise to maintain an alcoholic beverage warehouse in the city.
B. A person may not operate a liquor warehouse facility unless a liquor warehousing license has been issued by the state following local consent. A separate consent is required for each place of business and for each premises having different ownership. A separate business license is required for each business name used. One business name (DBA) may be used for each premises and the most appropriate city alcoholic beverage license may be applied for on behalf of each premises. The applicant shall not misrepresent either the boundaries of the premises, the ownership of the business operation, the type of business conducted nor the business name(s) used. Violation of this subsection is a class B misdemeanor.
2. An initial annual consent fee. The consent fee is not prorated and is in effect until the regular consent renewal cycle following state licensure. The annual consent fee is refundable if consent is not granted by the city or if the respective license is not granted by the state within one year of local consent. The denied applicant may submit a new application for city consent when conditions render the situation approvable by state law and city code;
D. All city liquor warehousing license consents expire on November 30 of each year. Persons desiring to renew their consent shall submit a renewal fee and a completed renewal application to the division no later than October 31 of the year the consent expires. Failure to meet the renewal requirements results in an automatic forfeiture of the consent effective on the date the existing consent expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by:
E. If any liquor warehousing license consent holder does not immediately notify the division of any change in ownership of the entity holding the consent, or, in the case of a Utah corporate owner, of any change in the corporate officers or directors, the division may suspend or revoke that license. (Ord. 96-64 § 1, 1996)
Before any liquor warehousing license consent may be granted by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities include, but are not limited to:
F. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
Liquor warehousing consentees shall acquire and maintain a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the license. Evidence of such bonding shall be provided to the city annually with each consent renewal submission. (Ord. 96-64 § 1, 1996)
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license/consent for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 96-64 § 1, 1996)
A. It is unlawful for any person to engage in the business of the sale of light beer at retail in bottles or draft within the corporate limits of the city without first having procured a license from the city as provided in this chapter. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the UABC and use of city licenses granted under this chapter shall not be allowed until the required state and federal licenses have been authorized and are in effect.
C. A person may not retail any alcoholic beverage unless a beer retailer license has been issued by this city and state. A separate license is required for each place of business and for each premises having different ownership. A separate business license is required for each business name used. One business name (DBA) may be used for each premises and the most appropriate city alcoholic beverage license may be applied for on behalf of each premises. The applicant shall not misrepresent either the boundaries of the premises, the ownership of the business operation, the type of business conducted nor the business name(s) used. Violation of this subsection is a class B misdemeanor.
D. All city beer retailer licenses expire on November 30 of each year. Persons desiring to renew their license shall submit the renewal fee and completed renewal application to the division no later than October 31 of the year the license expires. Failure to meet the renewal requirements results in an automatic forfeiture of the license effective on the date the existing license expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by:
E. If any beer retailer licensee does not immediately notify the division of any change in the ownership of the entity holding the license, or, in the case of a Utah corporate owner, of any change in the corporate officers or directors, the division may suspend or revoke that license. (Ord. 08-82, 2008)
A. The division may not grant a beer retailer license to any sole proprietor, partner, managing agent, officer, director, or stockholder who holds at least twenty percent (20%) of the total issued and outstanding stock of an applicant corporation that is unqualified to acquire the respective state license because that person has been convicted of any offense identified in UABC or does not qualify for state licensure for any other reason.
B. If a proprietor, employee, partner, managing agent, officer, director, or stockholder, who holds at least twenty percent (20%) of the total issued and outstanding stock of a corporation that has been granted a beer retailer license is convicted of any offense provided in UABC, the division may take emergency action by immediately revoking the license without further notice to the licensee. The state will be notified of city action regarding the local license(s). A letter may be sent to the licensee confirming the action taken by the city.
C. Upon the arrest of any beer retailer licensee on any charge set forth in UABC, the administrator or chief of police or their designee may take emergency action by immediately suspending the operation of the licensee according to the procedures and requirements set forth in the Utah administrative procedures act, as amended from time to time, for the period during which the criminal matter is being adjudicated. Any such action taken by the city will be communicated to the DABC and a letter confirming those actions may be sent to the licensee.
A. Before any beer retailer license may be granted by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator as to whether or not a license should be granted. This information shall be forwarded to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities, include, but are not limited to:
6. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
g. Statement under perjury of the accuracy and completeness of the application, the licensee's agreement to notify the division immediately of any changes to the ownership or other qualifying criteria, and granting permission to authorized representatives of the city and state to enter the premises;
A. Off premises beer retailer licensees shall acquire and maintain in force a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the license. Evidence of such bonding shall be provided to the city annually with each license renewal submission.
B. On premises beer retailer licensees shall acquire and maintain in force a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the license. Evidence of such bonding shall be provided to the city annually with each license renewal submission.
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 08-82, 2008)
B. Beer sales may not exceed fifty percent (50%) of total sales. If the gross sales of the business enterprise during any quarter of a calendar year develop so that the primary revenue resource becomes beer, the on premises beer retailer/restaurant license shall be automatically suspended until the appropriate revenue basis is regained. Should the city be required to take action on more than one such noncompliance within a three (3) year period, the on premises beer retailer license shall be revoked for a period of not less than one year. The on premises beer retailer shall be required to report to the city on a quarterly basis the gross revenue from beer sales and gross revenue from all other sales and may be audited to determine compliance at any point.
B. Beer sales may not exceed fifty percent (50%) of total sales. If the gross sales of the business enterprise during any quarter of a calendar year develop so that the primary revenue resource becomes beer, the brew restaurant license shall be automatically suspended until the appropriate revenue basis is regained. Should the city be required to take action on more than one such noncompliance within a three (3) year period, the brew restaurant license shall be revoked for a period of not less than one year. The brew restaurant shall be required to report to the city on a quarterly basis the gross revenue from beer sales and gross revenue from all other sales and may be audited to determine compliance at any point.
B. Off premises beer retailer licenses shall be granted only to those applicants whose business enterprise at the proposed location is one which would typically be classified as primarily a grocery store and which sells a variety of food items and other items typically found in a grocery store. Beer sales shall not exceed fifty percent (50%) of the total revenue for any off premises beer retailer. If the gross sales of the business enterprise during any quarter of a calendar year develop so that the primary revenue resource becomes beer, the off premises beer retailer license shall be automatically suspended until the appropriate revenue basis is regained. Should the city be required to take action on more than one such noncompliance within a three (3) year period, the off premises beer retailer license shall be revoked for a period of not less than one year. The off premises beer retailer shall be required to report to the city on a quarterly basis the gross revenue from beer sales and gross revenue from all other sales and may be audited to determine compliance at any point.
D. Off premises beer retailers shall not be established within six hundred feet (600') of any public or private school, church, public library, public playground, or park, as measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground, or park. Off premises beer retailer licensee premises shall not be established within two hundred feet (200') of any public or private school, church, public library, public playground, or park, measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school, church, public library, public playground, or park. (Ord. 08-82, 2008)
A. The division may issue consents to state beer wholesaling licenses for businesses which are located in this city. Beer wholesaling license issuance shall be determined by the DABC and shall entitle the licensee to only those privileges they may have by virtue of having been issued a state license and shall thereafter exercise the privileges granted them under the UABC only as they are in harmony with the state license(s) issued and with city code. A local consent to a state beer wholesaling license is required prior to the state's original and annual consideration for licensure. Such local consent will not be granted until the applicant has met all applicable city and state requirements.
B. A person may not wholesale beer unless a beer wholesaling consent has been issued by the city and any appropriate license has been issued by the state and federal governments. A separate consent is required for each beer wholesale location. A separate business license is required for each business name used. One business name (DBA) may be used for each premises and the most appropriate city alcoholic beverage license may be applied for on behalf of each premises. The applicant shall not misrepresent either the boundaries of the premises, the ownership of the business operation, the type of business conducted nor the business name(s) used. Violation of this subsection is a class B misdemeanor.
D. All city beer wholesaling consents expire on November 30 of each year. Persons desiring to renew their consent shall submit a renewal fee and a completed renewal application to the division no later than October 31 of the year the consent expires. Failure to meet the renewal requirements results in an automatic forfeiture of the consent effective on the date the existing consent expires. Renewal applications shall be in a form prescribed by the division and shall be accompanied by:
Before any beer wholesaling consent may be granted by the administrator, the division may conduct investigations and hold on site inspections of the premises by license review authorities as directed by the administrator for the purpose of gathering information and making recommendations to the administrator as to whether or not a consent should be granted. This information shall be forwarded to the administrator to aid in the determination regarding licensure. Reviews and inspections conducted by license review authorities include, but are not limited to:
F. Division review for state and federal identification of business, including identification of the business ownership and entity structure, employer's withholding account number, federal employer identification number, state sales and use tax number, workers' compensation insurance carrier policy number and expiration date, business name registration number, Utah corporate identification number or limited liability company identification number (when applicable), and proof of bonding with the city as the named insured;
Beer wholesaling consentees shall acquire and maintain in force a surety compliance bond in the amount of five thousand dollars ($5,000.00) prior to operating under the authority of the consent. Evidence of such bonding shall be provided to the city annually with each consent renewal submission. (Ord. 96-64 § 1, 1996)
D. Each location with more than one type of operation, more than one business name, or more than one specific ownership must have a separate license/consent for each and must submit applications for licensure which includes diagrams depicting the boundaries of the premises for each as well as defining the distinctive operations. (Ord. 96-64 § 1, 1996)