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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)
A. Prohibited Activities:
1. It is unlawful to sell beer to any person under the age of twenty one (21) years.
2. It is unlawful for any licensee holding a class C or D license under this chapter to suffer or allow any minor to be in, to loiter about or to frequent the licensed premises, except as provided in subsection B of this section.
3. It is unlawful for any person except a class A licensee to employ or to permit any minor to sell or to serve alcoholic beverages; provided however, that a minor may not sell beer on the premises of a class A license except under the supervision of a person over the age of twenty one (21) years who is on the premises.
4. It is unlawful for any person having charge or custody of any minor to take said underage person into, or to suffer said underage person to enter, be in, loiter about or frequent any beer tavern or any premises for which a class C or class D license has been issued, except as provided in subsection B of this section.
5. It is unlawful for any minor to enter, to be in, to loiter about or to frequent a beer tavern or any premises for which a class C or class D license has been issued or to consume or possess an alcoholic beverage, except as provided in subsection B of this section.
6. It is unlawful for any minor to consume or possess any beer or any other alcoholic beverage at any place in the city.
7. It shall be unlawful for any minor to misrepresent his age, or for any other person to knowingly misrepresent the age of a minor, for the purpose of obtaining an alcoholic beverage or for the purpose of giving entrance to class C or D licensed premises.
B. Limited Activities:
1. Except for private clubs with a class D private club license under state law, it shall be lawful for any licensee holding a class D beer license to allow a minor to be in designated dining areas or to be employed by the licensee in activities not involving the preparation or service of alcoholic beverages or the providing of entertainment to patrons of the licensed premises. Any minor so allowed on the premises must be under the direct supervision of an adult bona fide member of the licensed premises when either in the designated dining areas or employed under the direct supervision of the licensee or an adult employee of the licensee when on the licensed premises.
2. For a private club with a class D private club license under state law, it shall be lawful for any licensee holding a class D beer license to:
a. Allow a minor to be admitted into, use, or be on the premises:
(1) During periods when no alcoholic beverages are sold, served, otherwise furnished, or consumed on the premises, but in no event later than one o'clock (1:00) P.M.,
(2) When accompanied at all times by a member or bona fide visitor, who is the minor's parent or guardian, and
(3) The club has a full kitchen and is a licensed restaurant under this title;
b. Allow a minor to be employed on the premises, if the parent or legal guardian of the minor owns or operates the club, and all employment activities occur outside of any lounge or bar areas;
c. Allow a minor to be employed by the licensee on the premises when performing maintenance and cleaning services during the hours when the club is not open for business;
d. Allow a minor who is at least eighteen (18) years of age to be admitted into, use or be on the premises of a dance or concert hall located either on or immediately adjoining the club, if otherwise permitted and allowed under sections 32A-5-107(8)(d) and (e) of the act;
e. Allow a minor who is under eighteen (18) years of age to be admitted into, use or be on the premises of a concert hall located either on or immediately adjoining the club premises, if otherwise permitted and allowed under section 32A-5-107(8)(f) of the act;
3. If a minor is otherwise allowed on the licensed premises under subsection B1 or B2 of this section, it shall be lawful for:
a. Any adult bona fide member or visitor of class D beer licensed premises to take a minor into designated dining areas on the licensed premises; or
b. Any minor to be in designated dining areas of class D beer licensed premises or to be employed by the licensee in activities not involving the preparation or service of alcoholic beverages or involving the providing of entertainment to patrons of the licensed premises, provided the underage person is under the direct supervision of an adult bona fide member of the licensed premises when in the designated dining area or under the direct supervision of the licensee or an adult employee of the licensee when employed on the licensed premises.
4. For purposes of this section, "designated dining areas" is defined as those areas set aside by the licensee, with the approval and consent of the police chief, for the preparation, sale and service of food. Designated dining areas shall be separated from the remainder of the licensed premises by a physical barrier or other devices approved by the police chief which will keep minors away from those areas where alcoholic beverages are generally served without consumption of food. Under no circumstances shall a "designated dining area" include a lounge or bar area as proscribed under state law.
5. Notwithstanding the above, it is unlawful for any minor to be on premises for which a class C or D license has been issued, if the premises are also licensed as an adult live entertainment business under chapter 15 of this title.
(1979 Code §§ 5.12.290, 5.12.291; 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; Ord. 2004-57, 8-3-2004)
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