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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)
A. Fee; Expiration:
1. The amount of the license fee for any alcoholic beverage license shall be as determined in chapter 1, article B of this title.
2. All licenses issued under this chapter shall expire at the end of the licensing term as provided in section 5-1A-13 of this title, unless sooner canceled or revoked. No license shall be issued for a period longer than one year.
B. Revocable Privilege: An alcoholic beverage license shall grant only a mere revocable privilege to sell or allow the consumption of alcoholic beverages as provided in this article and the laws of the state and shall not confer any vested right of any kind or nature.
C. Consent For Inspections: Every licensee, by accepting a license issued under the provisions of this article, thereby irrevocably consents that any peace officer of the city or other "authorized officer" as defined in section 5-1A-1 of this title may, at any time during the effective period of the license, freely enter upon and inspect and search the licensed premises for any alcoholic beverage or for any other goods or chattels illegally possessed or kept thereon or for evidence of any alleged crime under investigation by such peace officer and further consents to the seizure of any such alcoholic beverage or any goods, chattels or evidence, the property of the licensee, which may be found therein upon such search.
D. Transfer Of License: Alcoholic beverage licenses shall not be transferable, except by the licensee to a different location; no transfer shall be made to a different licensee. All transfers to a different location by the licensee shall require approval in the same manner as an original license and the payment of the transfer fee specified in subsection 5-1B-2E of this title. No license fee shall be refunded after a license has been issued, and, upon revocation of license as provided in this article, the license fee paid for such license shall be forfeited to the city.
E. Change Of Ownership: If, during the term of the license year after the license has been granted under this article, there is any change in the personnel of any licensed partnership or of the officers or directors of any licensed corporation, the licensee shall forthwith report any such change in personnel to the business license coordinator.
F. Display Of License: Every license issued under this article, along with the license issued by the alcoholic beverage control commission of the state, shall be posted and prominently displayed upon the licensed premises.
(Ord. 2011-51, 10-25-2011)
A. Register Of Employees: The licensee shall maintain a current register of employees, showing the employee's name, date of birth, date of employment, and of terminating that employment. The register of the employees shall be available at the licensed premises during regular business hours and shall be open for inspection by any member of the police department.
B. Unqualified Persons Prohibited:
1. It is unlawful for any licensee holding a class A, class B, class C, class D, class E, class F, or class G license under this article to employ any person as a manager who does not have the qualifications required of licensees as specified in this article; provided that for a class A license, this requirement will only apply to a manager responsible for overall, on site management of the premises, not including assistant managers or supervisors with responsibilities unrelated to the sale of alcoholic beverages on the premises.
2. No person shall be employed or act as a bartender, waitress or in any other capacity deal with the public in connection with the sale of or dispensing alcoholic beverages in the premises of a class C, class D or class F license who has been convicted of or pled guilty to the acts constituting a felony under state or federal law involving the unlawful possession, use or sale of controlled substances.
C. Alcohol Training And Education Seminar:
1. Any licensee holding a class B, class C, class D, class F, or liquor consumption license shall show by certificates granted by the Utah division of alcoholism and drugs that each employee of the licensee engaged in the serving, selling or furnishing of alcoholic beverages on the premises, has completed the alcohol training and education seminar, as required in Utah Code Annotated section 32A-1-401, so long as the above seminars are made available by the state.
2. Every new employee required to complete this seminar shall complete the seminar within six (6) months of commencing employment. Violation of this subsection will result in suspension of the license unless compliance is completed within two (2) months of the time the licensee first became aware that such violation occurred.
(1979 Code §§ 5.12.170, 5.12.230, 5.12.235; amd. Ord. 81-32, 8-6-1981; Ord. 88-6, 2-25-1988; Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)
A. No tavern, private club, or other premises for the sale or consumption of alcoholic beverages shall be established or maintained in the city except in those areas authorized by the city zoning ordinances.
B. 1. Except as provided in subsection B.2., within those areas to which the establishment and maintenance of taverns or private clubs is limited, there shall be no more than a total of two (2) establishments licensed or maintained as a tavern or private club in any linear block. This means only two (2) such establishments shall be allowed in a block, including both sides of the block (see section 5-3A-1 of this chapter).
2. Within the C-ENT or H25 zones, there shall be no more than a total of three (3) establishments licensed or maintained as a tavern or private club on each side of the street per linear block.
3. Within the C-9 zone, there shall be no more than one (1) establishment licensed or maintained as a tavern or private club per linear block.
4. The number allowed per block includes establishments located on the corner of a block or with a publicly accessible door on the block regardless of the establishment's street address.
5. The provisions of this section in no way shall affect present locations of taverns or private clubs so long as licenses for those locations remain in good standing, or prevent the issuance of new licenses for those locations upon the transfer of the business by the licensees thereof, including transfer by death, or prevent the moving of a present tavern or private club to another location in the same block, until the license for the premises is revoked or terminated in the manner prescribed in this article.
6. In no event shall an existing private club be allowed to be changed to a tavern in those areas subject to the above limitation.
C. No class B, C, D or F beer license, and no liquor consumption license, shall be granted within three hundred thirty feet (330') of another business licensed as an adult live entertainment business under chapter 15 of this title.
D. No class A beer license shall be granted or renewed for any premises located in or within one hundred fifty feet (150') of any area designated as part of the 25th Street historic district under title 17 of this code. The provisions of this subsection shall not affect existing locations with class A licenses until such time as the licenses expire on December 31, 2004. Thereafter, any privilege the licensee may have to renewal shall be considered to be revoked. (1979 Code § 5.12.040; amd. Ord. 81-13, 4-2-1981; Ord. 92-23, 3-24-1992; Ord. 94-16, 3-29-1994; Ord. 98-54, 8-18-1998; Ord. 2000-40, 7-18-2000; Ord. 2004-57, 8-3-2004; Ord. 2004-59, 10-19-2004; Ord. 2021-1, 1-5-2021; Ord. 2023-16, 4-11-2023)
1. The violation on the licensed premises of any provision of the act or this title, whether an infraction or a misdemeanor, or of any other applicable ordinance or law relating to alcoholic beverages;
2. If the licensed premises is used for the commission of any illegal act or activity for any reason;
3. If the person to whom the license was issued, or any other person subject to such requirements, no longer possesses the qualifications required by this title and the statutes of the state;
4. If the licensed premises is not conducted and kept in a quiet, peaceable and orderly manner; or
5. If any nuisance is suffered to be committed or to be maintained upon such premises.
B. Procedure: Denials, suspensions or revocations shall be handled in accordance with the provisions of chapter 1, article C of this title, or its successor.
(1979 Code § 5.12.270; amd. 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. General Provisions: Except as the application thereof is impractical or inappropriate in view of the context of purposes or penalties as provided, the following provisions, sections, definitions, requirements, regulations, and prohibitions of the alcoholic beverage control act, Utah Code Annotated title 32A, as amended, are hereby adopted by the city and shall apply to all businesses located within Ogden City limits:
32A-12-101; Utah criminal code applicable
32A-12-102; Special burdens of proof - inferences and presumptions
32A-12-103; Criminal responsibility for conduct of another
32A-12-104; Violation of title a misdemeanor (class B)
32A-12-105; Additional criminal penalties
32A-12-201; Unlawful sale or supply
32A-12-202; Unauthorized sale or supply
32A-12-203; Unlawful sale or supply to minors
32A-12-204; Unlawful sale or supply to intoxicated persons
32A-12-205; Unlawful sale or supply to interdicted persons
32A-12-206; Unlawful sale or supply of beer
32A-12-207; Unlawful sale or furnishing during emergency
32A-12-208; Unlawful purchase or acceptance
32A-12-209; Unlawful purchase, possession, or consumption by minors - penalties
32A-12-210; Unlawful purchase by intoxicated persons
32A-12-211; Unlawful purchase by interdicted persons
32A-12-212; Unlawful possession - exceptions
32A-12-213; Unlawful bringing onto premises for consumption
32A-12-214; Unlawful possession by licensees or permittees
32A-12-215; Unlawful storage
32A-12-216; Unlawful permitting of intoxication
32A-12-217; Unlawful permitting of consumption by minors
32-A-12-218(1); Unlawful labeling or lack of label
32A-12-219; Unlawful adulteration
32A-12-221; Lawful detention
32A-12-222; Unlawful dispensing
B. Violation; Penalty: Any and all violations thereof shall be considered violations of this code, and each violation shall be subject to the penalties provided in title 1, chapter 4 of this code.
(1979 Code § 5.12.302; Ord. 98-54, 8-18-1998; amd. Ord. 2004-57, 8-3-2004)
A. Sales: It is unlawful to sell beer or offer alcoholic beverages for sale between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. on any premises licensed for on premises consumption of alcoholic beverages. It is unlawful to sell alcoholic beverages or offer alcoholic beverages for sale for off premises consumption between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M.
B. Consumption: It is unlawful for any person to consume alcoholic beverages, or for any licensee to suffer or permit alcoholic beverages to be consumed, upon any licensed premises between the hours of two o'clock (2:00) A.M. and ten o'clock (10:00) A.M. of any day.
C. Entrances Secured: The entrances to all premises for which a class C or class D license has been issued shall be locked or otherwise adequately secured so as to prevent the entry thereupon of any person or persons and it shall be unlawful for any person other than the class C or D licensee or an employee, servant, workman of the licensee, or a custodian, to be upon the licensed premises between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. of any day, or for any class C or class D licensee to suffer or permit any unauthorized person or persons to be or remain upon the premises between the said hours.
(1979 Code § 5.12.280; 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)
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