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ARTICLE C. RETAIL AND CONSUMPTION LICENSES
SECTION:
5-3C-1: License Required
5-3C-2: Classification Of Licenses
5-3C-3: Application; Review
5-3C-4: Licensee Qualifications
5-3C-5: Classifications; Privileges And Conditions
5-3C-6: Conditions Of License
5-3C-7: Employee Requirements
5-3C-8: Location Regulations
5-3C-9: Suspension, Revocation Or Denial
It is unlawful and shall constitute an offense of strict liability for any person to sell an alcoholic beverage at retail and/or permit the consumption of an alcoholic beverage on any business premises within the corporate limits of the city without first having obtained a license as provided in this article. A separate license shall be required for each place of sale or consumption. The license shall at all times be conspicuously displayed upon the licensed premises. All licensees shall comply with the alcoholic beverage control act of the state and the regulations of the alcoholic beverage control commission, and with the ordinances of the city and every license shall recite that it is granted subject to revocation as provided in this article.
(1979 Code § 5.12.020; amd. Ord. 90-60, 12-20-1990; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
Licenses issued under this article shall be of the following kinds and shall carry the privileges and responsibilities set forth in this article: class A (off premises beer license); class B (on premises restaurant beer license); class C (on premises tavern beer license); class D (private club beer license); class E (single event beer license); class F (recreational on premises beer license); class G (on premises banquet beer license); liquor consumption license.
(1979 Code § 5.12.050; amd. Ord. 90-60, 12-20-1990; Ord. 91-23, 7-11-1991; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)
A. Application: Every applicant for an alcoholic beverage license under this article shall file with the business license coordinator his written and verified application therefor upon such form as may be prescribed by the business license coordinator of the city.
B. Contents: In every application, the applicant shall:
1. State the applicant's name in full and shall specify in detail his/her qualifications to hold an alcoholic beverage license under this article and the alcoholic beverage control act;
2. If the applicant is:
a. A partnership, the applicant shall state the name and address of all partners and detail his/her qualifications; or
b. A corporation, the names and addresses of its principal officers and directors and detail his/her qualifications; or
c. A limited liability company, the applicant shall state the name and address of its members, the percentage share of the company and detail his/her qualifications;
3. State the name of the manager of the licensed premises and his/her qualifications, if the premises are not managed by the applicant;
4. Specify the licensed premises for which the application is made;
5. If for a class C, combination B and C, or class D license, provide a diagram of the premises;
6. If for a class D license, state whether the applicant is licensed under chapter 5 of the act as a class A, B, C or D private club;
7. Provide such other information as determined to be necessary by the business license coordinator to determine compliance with the provisions of this title.
(1979 Code § 5.12.150; amd. Ord. 90-60, 12-20-1990; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)
C. Fees: At the time of filing an application for an alcoholic beverage license as provided in this article, every applicant shall deposit with the business license coordinator the license fee prescribed in this article, which shall forthwith be deposited in the city treasury. If the application is denied, the fee so deposited shall be returned to the applicant. No license fee shall be refunded after a license has been issued, and upon revocation of the license, the license fee paid therefor shall be forfeited to the city.
(1979 Code § 5.12.160; amd. Ord. 90-60, 12-20-1990; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
D. Required Investigations:
1. Chief Of Police: Every application for an alcoholic beverage license, together with such information as is required to be attached thereto, shall be referred to the chief of police for inspection and report. The chief of police, or the chief's designee, shall, within ten (10) days after receiving the application, report in writing to the business license coordinator. The report shall include: a) the results of a criminal background or other required application verification of the applicant, or of any partner, officer, director, member, shareholder, or manager required to meet the qualifications of a licensee; b) the result of any police inspection made of the proposed licensed premises; c) the general reputation and character of the applicant, the premises and of the persons who habitually frequent the same; d) the nature and kind of business conducted at the place; e) whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any, at the place; f) whether gambling is or has been permitted, or gambling devices displayed, upon the premises, or by the applicant at any other place; g) the proximity of the premises to any school or church; and h) whether there are any grounds to believe that any statement made in the application is untrue. The chief of police shall add such further information as the chief believes to be pertinent. The chief of police shall add thereto in writing his/her recommendation as to the granting or denying of such application.
(1979 Code § 5.12.180; amd. Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)
2. Health Department: The application shall also be referred immediately to the county health department. The health department shall, within ten (10) days after receiving such application, make an investigation and inspection of the proposed licensed premises and shall report in writing to the business license coordinator whether the premises to be licensed is in a sanitary condition and whether the equipment used in the storage, handling and distribution or sale of alcoholic beverages and other beverages and food, if any, complies with all health regulations of the city and the state. No alcoholic beverage license shall be issued for any premises where the premises and the equipment aforesaid do not comply with all such health regulations.
(1979 Code § 5.12.190; amd. Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
3. Fire Chief: The original application shall be referred immediately to the chief of the fire department, or the chief's designee, for inspection and report. Within ten (10) days, the chief shall report in writing to the business license coordinator whether the proposed licensed premises complies with all applicable laws, ordinances and regulations relating to safety in the event of fire or panic, and whether the same is reasonably safe for use as licensed premises of the class of license applied for. The fire chief shall have a continuing duty to inform the business license coordinator of known fire safety violations regarding the licensed premises which have not been corrected.
(1979 Code § 5.12.200; amd. Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
4. Inspection Services Manager: The original application shall also be referred immediately to the manager of the inspection services division for inspection and report. Within ten (10) days, the manager shall report in writing to the business license coordinator whether the proposed licensed premises complies with all applicable building, electrical and mechanical codes and regulations, and whether the premises is reasonably safe for its intended use. The inspection services manager shall have a continuing duty to inform the business license coordinator of known building code violations regarding the licensed premises which have not been corrected.
(1979 Code § 5.12.201; Ord. 81-13, 4-2-1981; amd. Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
5. Community Development Department: The original application shall also be referred immediately to the community development director, or the director's designee, for inspection and report. Within ten (10) days, the director or designee shall report in writing to the business license coordinator whether the proposed licensed premises complies with all applicable zoning ordinances. The community development director, or the director's designee, shall have a continuing duty to inform the business license coordinator of known zoning violations regarding the licensed premises which have not been corrected.
(1979 Code § 5.12.202; Ord. 98-54, 8-18-1998)
E. Issuance Procedures: Upon receipt of the reports from the chief of police, the county health department, and, for the initial application only, the chief of the fire department, current planning division and the inspection services division, the business license coordinator shall refer each new application for an alcoholic beverages license to the mayor, or the mayor's designee, who shall consider the application, and, if of the opinion that the applicant has complied with all applicable laws, ordinances and regulations, may approve the license and authorize the business license coordinator to issue a license to the applicant for the retail sale of beer upon the licensed premises, if it is determined that issuance of the license will not be detrimental to the health, safety and welfare of the citizens of Ogden. If the license shall be for renewal of an existing license, the business license coordinator after favorable recommendation by the agencies required to review the application, shall be authorized to issue a renewal certificate of license or a renewal validation to be affixed to the prior year's license certificate.
(1979 Code § 5.12.210; amd. Ord. 81-13, 4-2-1981; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
F. Renewal Procedures:
1. Filing; Time Limit: All applications to renew alcoholic beverage licenses shall be filed by the holders of existing licenses with the business license coordinator at least thirty (30) days prior to the expiration date of the then issued license. Any person who fails to file such application within the time limit shall close such person's licensed premises on the expiration date of the then issued license, and shall keep the premises closed for the sale of alcoholic beverages until the date a new license is issued by order of the mayor or the mayor's designee. All renewal applications shall state whether or not the business is presently operating and, if not, the date when it ceased daily operation, together with such other information as the business license coordinator shall reasonably require to verify or determine the operating status of such business.
2. Right To Renew: The foregoing notwithstanding, a licensee has the right to renew such license annually until revoked or denied as provided in this article or until the license is no longer currently and actively used to operate a business authorized by such license.
3. Special Provisions For Inactive Licenses: A license may be renewed after termination of the authorized business activity during a licensing period for one additional year, if he or she makes application within forty five (45) days after the expiration date of the license, and if the applicant certifies under oath that: a) such applicant is not holding the license for speculative reasons; and b) such applicant is actively seeking a purchaser for his or her business premises and assets as above provided, or is actively seeking a new business location for which he or she will seek a transfer of such license as provided by law. No license renewal may be granted beyond one year of inactive status, as above provided; and, if not renewed within the forty five (45) day period, the license shall expire.
(1979 Code § 5.12.220; amd. Ord. 81-32, 8-6-1981; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)
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