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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)
A. No alcoholic beverage license shall be granted to any person unless the person shall be over the age of twenty one (21) years.
B. No alcoholic beverage license shall be granted to any person who has been convicted of:
1. A felony under any federal or state law;
2. Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
3. Driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within the two (2) year period immediately preceding the date on which the license may be granted, or on two (2) or more occasions within the five (5) years preceding the date on which the license may be granted;
4. Gambling; or
5. Any crime involving moral turpitude.
C. No license shall be granted to an applicant that had a license involving the sale or distribution of alcohol revoked within the three (3) years preceding the date of the application for a license or the renewal of a license.
D. No alcohol beverage license shall be granted to any partnership, corporation, or limited liability company, if any of the following fails to meet all of the standards and qualifications of an applicant prescribed herein:
1. A partner;
2. An officer;
3. A director; or
4. A member of a limited liability company who owns at least twenty percent (20%) of the applicant limited liability company.
E. No license shall be granted to an applicant representing itself to be a partnership, corporation, or limited liability company, if the applicant fails to present proper verification evidencing the legal existence of such entity and that the person or persons signing the application are authorized to so act on the behalf of such entity.
F. No license shall be granted to any person who does not meet the qualifications therefor prescribed by the act.
(1979 Code § 5.12.030; amd. Ord. 87-37, 7-2-1987; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)
A. Class A; Off Premises Beer License: A class A beer license shall entitle the licensee to sell beer on the licensed premises in the original containers for consumption off the premises, in accordance with the act and the ordinances of the city; provided however, that it is unlawful for the licensee to sell or distribute beer in any container larger than two (2) liters. For the purposes of a class A license granted for a convenience type store located within a hotel or resort facility, the consumption of beer in a guestroom duly rented by a guest of the hotel or resort facility shall be deemed consumed off the premises of the hotel or resort facility.
B. Class B; On Premises Restaurant Beer License:
1. A class B beer license shall entitle the licensee to sell beer at retail for consumption with meals on the premises, all of the privileges granted herein to be exercised in accordance with the act and the ordinances of the city. Class B beer licensees may also sell beer in sealed containers for off premises consumption.
2. A class B license shall be granted only to a licensed restaurant keeper and only then when the nature and volume of business of the restaurant is such as to evidence and to afford assurance to the city that the applicant is engaged in such business in good faith and that such restaurant is the principal business and not a mere pretext for the obtaining of such license, and which restaurant food sales constitute no less than fifty one percent (51%) of the gross dollar values of the licensee's business, not including the sale of beer or service charges.
3. The holder of a class B license shall maintain records which shall disclose separately, for each and every quarter of the year, the gross sales of beer and the gross sales of food served for consumption on the licensed premises. Such records shall be available for inspection and audit by the business license coordinator at any time following the end of the quarter and for eighteen (18) months thereafter.
4. Failure of a licensee to properly maintain or submit the records for inspection and audit shall be cause for suspension or revocation of the class B license.
C. Class C; On Premises Tavern Beer License: A class C beer license shall entitle the licensee to sell beer at retail for on premises consumption with or without food, all of the privileges granted herein to be exercised in accordance with the act and the ordinances of the city. A class C license shall be issued only to an applicant engaged, in good faith, in the business of dispensing and selling beer at retail in a tavern with or without food. Any restaurant having a tavern operation at the same location must hold a class B and C combination license. Class C beer licenses may also sell beer in sealed containers for off premises consumption.
D. Combination B And C License: A class B and C combination license shall entitle the licensee to conduct separate class B (restaurant) and class C (tavern) operations with separate licensed premises at the same location. Each class B or class C premises must comply with the rules and regulations applicable to each class and must establish a physical separation or barrier approved by the police chief that clearly distinguishes and separates the class B and C premises.
E. Class D; Private Club Beer License: A class D beer license shall entitle the licensee to sell beer in any state licensed private club on the licensed premises for consumption on the premises, all to be exercised in accordance with the act and the ordinances of the city.
F. Class E; Single Event Beer License:
1. A class E beer license shall entitle the licensee to sell beer in the original containers or on draft only upon the licensed premises of a qualified single event during such times and in such manner and under such conditions as the mayor or the mayor's designee, upon application of the licensee, may allow. Such sales may be made for consumption on or off the designated premises upon which public fairs, stock and other animal shows, celebrations, fiestas, occasional athletic contests and similar events are in preparation or progress. The licensee shall comply with all of the applicable provisions of the act.
2. The class E beer license may only be issued to a bona fide partnership, corporation, limited liability company, incorporated association, church, political organization, or governmental entity, or to a recognized subordinate lodge, chapter or other local unit thereof that is conducting a convention, civic or community enterprise or event and any one license shall not be issued for a period of time exceeding thirty (30) consecutive days.
3. No class E license shall be approved for any special event in a city park or recreational facility unless:
a. The city is the licensee for the sale of beer;
b. The city has granted a concession in conformance with the requirements of section 6-1-8 of this code; or
c. The community services director has granted an alcoholic beverage permit allowing such sale of alcoholic beverages as provided in section 6-1-9 of this code.
4. The sale of beer under a series of permits issued to the same person may not exceed a total of ninety (90) days in any one calendar year.
G. Class F; Recreational On Premises Beer License:
1. A class F beer license shall entitle the licensee to sell beer at retail in the original container or on draft for on premises consumption with or without food, to persons patronizing an authorized recreational facility. All of the privileges granted herein to be exercised in accordance with the act.
2. Authorized recreational facilities are limited to bowling alleys, golf courses, whether public or private, and public parks, fairgrounds, stadiums or arenas. The recreational facility may be operated by the holder of the class F license or by another person, firm or corporation who has contracted with the licensee as a concessionaire in order to provide refreshments to the patrons of the recreational facility. A class F licensee must be licensed by the state as an on premises beer retailer other than a tavern, and the licensed premises shall include the entire recreational facility.
H. Class G; On Premises Banquet License:
1. A class G beer license shall entitle the licensee to sell beer at retail for consumption with food in connection with the licensee's banquet and room service activities associated with a hotel, resort facility, sports center, or convention center, as such terms are defined under the act, all of the privileges granted herein to be exercised in accordance with the act and the ordinances of the city.
2. A class G license shall maintain at least fifty percent (50%) of its total annual banquet gross receipts from the sale of food, not including mix for alcoholic beverages, and charges in connection with the service of alcoholic beverages.
3. The holder of a class G license shall maintain records which shall disclose separately for each and every quarter of the year the gross sales of alcoholic beverages and the gross sales of food served for consumption on the licensed premises. Such records shall be available for inspection and audit by the business license coordinator at any time following the end of the quarter and for eighteen (18) months thereafter.
4. Failure of a licensee to properly maintain or submit the records for inspection and audit shall be cause for suspension or revocation of the class G license.
I. Liquor Consumption License:
1. A liquor consumption license shall entitle the licensee to permit patrons to possess and consume liquor on the premises, all of the privileges granted herein to be exercised in accordance with the act and the ordinances of the city.
2. Liquor consumption licenses are limited to events for which a single event permit has been issued under Utah Code Annotated section 32A-7-101, as amended, premises for which an on premises banquet license has been granted under Utah Code Annotated section 32A-4-401, as amended, and restaurants for which a restaurant liquor license or limited restaurant liquor license has been granted under Utah Code Annotated section 32A-4-101 or 32A-4-302, as amended, respectively. A separate liquor consumption license shall not be required for a class D beer licensee. Any other establishment selling liquor and beer to its patrons for on site consumption shall require a liquor consumption license in conjunction with the applicable beer license.
J. Combination Class B And Liquor Consumption License:
1. A class B and liquor consumption license shall entitle the licensee to all of the privileges of a class B license and a liquor consumption license.
2. A restaurant with a class B and liquor consumption license shall maintain records which shall disclose separately, for each and every quarter of the year, the gross sales of alcoholic beverages, food, and setups served for consumption on the licensed premises. The sale of carbonated and noncarbonated soft drinks, soda water, water and other mixers shall be included as part of setups and shall not be included as part of food sales. Such records, and any other records required to be kept pursuant to the act, shall be available for inspection and audit by the business license coordinator at any time following the end of the month and for eighteen (18) months thereafter.
3. Failure of a licensee to properly maintain or submit the records for inspection and audit shall be cause for suspension or revocation of the combination class B and liquor consumption license.
4. Each restaurant with a class B and liquor consumption license shall maintain at least seventy percent (70%) of its total restaurant business from the sale of food, which does not include mix for alcoholic beverages or service charges.
(1979 Code §§ 5.12.060, 5.12.070, 5.12.080, 5.12.090, 5.12.100, 5.12.110, 5.12.115, 5.12.116, 5.12.117; amd. Ord. 81-27, 6-25-1981; Ord. 85-35, 9-5-1985; Ord. 89-11, 6-15-1989; Ord. 90-60, 12-20-1990; Ord. 91-23, 7-11-1991; Ord. 92-23, 3-24-1992; Ord. 94-19, 4-26-1994; Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998; Ord. 2002-49, 8-6-2002; Ord. 2004-57, 8-3-2004)
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