CHAPTER 3
ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGES
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly applies from the context:
ACT: | The alcoholic beverage control act of the state of Utah, Utah Code Annotated title 32A, or its successor provisions. |
ALCOHOLIC BEVERAGE: | "Beer" and "liquor" as those terms are defined in the alcoholic beverage control act of the state of Utah. |
BEER: | All products that contain sixty three one hundredths of one percent (0.63%) of alcohol by volume or one-half of one percent (0.5%) of alcohol by weight, but not more than four percent (4%) of alcohol by volume or three and two tenths percent (3.2%) by weight, and obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages or malt coolers. |
DISORDERLY CONDUCT: | Any illegal or improper diversion or any use of insulting, profane, indecent, immoral, lewd or obscene language, or any indecent, insulting, tumultuous, immoral, lewd or lascivious conduct or behavior, or any disturbance or breach of the peace or fighting, or challenging or threatening to fight, or any mendicancy or larceny. |
DISORDERLY PERSON: | Any person guilty of any "disorderly conduct", as defined herein. |
LICENSED PREMISES: | The building, portion of a building, or place designated by the licensee and approved under the licenses issued pursuant to this chapter for the purpose of the sale or consumption of alcoholic beverages. The licensed premises shall not include any outside areas unless specifically approved and designated as part of the license. The licensed premises shall be limited to those areas under the management and control of the licensee except as provided for class F licenses. If issued the necessary permits under sections 7-4-2 and 7-2-13 of this code, the licensed premises of a restaurant with a class B beer license or a liquor consumption permit may be approved for extension of the licensed premises to include such portion of the sidewalk, if the licensee has assumed the necessary management and control of such sidewalk use area and ingress and egress occurs directly through the interior of the building otherwise constituting the licensed premises. |
LICENSEE: | Any person issued a license by Ogden City to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person. |
LINEAR BLOCK: | Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as between 100 and 200, or between 2200 and 2300, etc. |
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. B. "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage that has an alcohol content of less than four percent (4%) alcohol by volume. C. For purposes of this chapter, "liquor" includes wine as defined in the alcoholic beverage control act of the state of Utah, except as otherwise provided in such act. |
MINOR: | Any person under the age of twenty-one (21) years. |
NUISANCE: | Any room, house, building, vehicle, structure or place where: A. Alcoholic beverages are manufactured, kept, stored, sold, bartered, given away or offered or exposed for sale in violation of the alcoholic beverage control act of the state of Utah or any ordinance of the city or where persons resort for drinking alcoholic beverages contrary to the alcoholic beverage control act of the state of Utah or any ordinances of the city; B. Intoxicated persons are permitted to loiter about in such a way as to annoy, injure or endanger the comfort, repose, health or safety of another person or persons, or which loitering in any way renders another person or persons insecure in life or use of property; C. Disorderly conduct is permitted and carried on; D. Persons under twenty one (21) years of age are permitted to purchase or drink any alcoholic beverage or are employed in violation of this chapter; or E. Laws or ordinances are violated by the licensee or the licensee's agents or patrons with the consent or knowledge of the licensee upon such premises which tend to affect the public health, peace or morals. |
PRIVATE CLUB: | Any social club, recreational association, fraternal association, athletic association, or kindred association organized primarily for the benefit of its members, regulated and operated as a "club" or "private club" in accordance with the provisions of chapter 5 of the act, as amended, and shall be deemed to be a "private club" or "club" for the provisions of this chapter and shall be subject to the regulations and licensing provisions contained herein. A private club is subject to business licensing under chapter 4, article C of this title. |
RESTAURANT: | A business establishment where a variety of food is prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public. |
RETAILER: | Any person engaged in the sale or distribution of alcoholic beverages to the consumer. |
SELL OR TO SELL: | Means and includes to solicit; to accept an order for; to keep or expose for sale; to deliver for value or gratuitously; to peddle; to possess with intent to sell; to traffic in; for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person; and "sale" includes every act of selling as above defined. |
TAVERN: | Any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment's premises, in accordance with Utah Code Annotated title 32A, chapter 10, of the alcoholic beverage control act of the state of Utah and ordinances of Ogden City. "Tavern" is inclusive of beer bars, parlors, lounges, cabarets, and nightclubs where the revenue from the sale of beer exceeds the revenue from the sale of food, although food need not be sold in such establishments. |
WHOLESALER: | Any person other than a brewer engaged in the distribution of beer in wholesale or jobbing quantities to licensed retailers. |
(1979 Code § 5.12.010; amd. Ord. 81-32, 8-6-1981; Ord. 91-23, 7-11-1991; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; 1999 Code; Ord. 2002-13, 3-19-2002; Ord. 2004-57, 8-3-2004; Ord. 2021-1, 1-5-2021; Ord. 2023-16, 4-11-2023)