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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)
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)
A. Violate Terms And Conditions Of License: It is unlawful for any licensee to violate any terms or conditions of the license issued.
B. Sale To Intoxicated Persons: It is unlawful to sell beer to any person intoxicated or under the influence of any alcoholic beverage.
C. Sale Upon Unlicensed Premises: It is unlawful for any licensee to sell beer anywhere within the city except upon or within his licensed premises.
D. Reserved.
E. Frequent Unlawful Premises: It is unlawful for any person to visit, to loiter about, to frequent or to resort to any house, building, room, or premises where any alcoholic beverages are kept, stored, sold, bartered, offered or exposed for sale in violation of the alcoholic beverage control act of the state or of any ordinance of the city.
F. Consume Upon Class A Licensed Premises: It is unlawful for any licensee under a class A license to suffer or allow any person to consume alcoholic beverages upon the licensed premises. It is unlawful for any person to consume alcoholic beverages upon such premises.
G. Improper Illumination: It is unlawful for any licensee to fail to keep all parts of the licensed premises to which customers have any access illuminated with a minimum illumination of three (3) foot-candles at all times it is occupied or open for business.
H. Impede View: It is unlawful for any licensee holding a class B, class C, class D license or liquor consumption license to arrange to keep the licensed premises, or any booth, stall, furniture, fixtures, screens or curtains thereon, so as to impede a full view of the premises and all of the occupants therein from the main floor entrance thereof. All stalls and booths must conform to the requirements specified for stalls and booths in restaurants.
I. Maintain Nuisance: It is unlawful for any person to commit, keep or maintain a nuisance upon any licensed premises. It is unlawful for any person to suffer a nuisance to be maintained upon licensed premises owned, occupied, operated or controlled by him or which may be in his charge.
J. Unlawfully Acquired Alcoholic Beverage: It is unlawful for any licensee to purchase or acquire or to have or possess or to suffer to be kept upon the licensed premises any alcoholic beverages except that lawfully acquired from a brewer or wholesaler licensed under the provisions of the alcoholic beverage control act of the state.
K. Unlawful Storage: It is unlawful for any licensee to keep, store or possess, or to suffer any person to keep, store or possess, any liquor, upon the licensed premises, unless to sell liquor under the alcoholic beverage control act of the state.
L. Unqualified Employee: It is unlawful for any licensee knowingly to employ or to suffer to work for him upon the licensed premises any person who does not meet the requirements for such employment.
M. Gambling Devices: It is unlawful for any licensee under this chapter to have, possess, store or display upon the licensed premises any gambling devices or any lottery tickets, or to suffer any such device or tickets to be brought, kept, possessed or stored or displayed upon the premises for any purpose whatsoever.
N. Financial Interest By Wholesaler: No brewer, beer jobber or beer wholesaler shall directly or indirectly supply, give or pay for any furniture, furnishings or fixture of a retailer of beer, nor shall any brewer, beer dealer or beer wholesaler advance, furnish money or pay for any license fee for such a retailer or be financially interested either directly or indirectly in the conduct or operation of the business of any such retailer, or lend money or grant more than forty (40) days of credit to any such retailer.
O. Interfere With Entrance: It is unlawful for any door or other means of ingress to or egress from any licensed premises to be locked or barred or barricaded in any way so as to interfere with the free entrance to the licensed premises by any peace officer of the city or other "authorized officer" as defined in section 5-1A-1 of this title at any time while the premises are occupied or open to the public, and all doors or other means of entrance thereto during the time the premises are occupied or open to the public shall be left unlocked or unfastened so that any peace officer may enter the same without any hindrance or delay; provided however, that exit doors openable from the inside, which have been approved by the fire marshal, shall not be prohibited under this subsection if installed at other than the main entrance. There may be maintained upon the premises a locked storeroom for the keeping of goods and supplies used in the business; provided, that such storerooms shall at all times be subject to search and inspection by any peace officer or other authorized officer as provided in this chapter. It is unlawful for any licensee to deny any peace officer or other authorized officer immediate access to such storeroom for such search or inspection upon demand made for such access. It is unlawful for any licensee to suffer any person, except a bona fide employee of the licensee or a peace officer to enter or remain in such storeroom.
P. Lookout: It is unlawful for any person commonly known as a "lookout" to be stationed or maintained to give warning of the approach of any police officer or other authorized officer to such premises. It is unlawful to maintain or operate any electrical or other device which is used or capable of being used to give warning to persons within any such licensed premises of the approach of any police officer or other authorized officer.
Q. Disorderly Persons Upon Premises: It is unlawful for any disorderly person to be or remain within any licensed premises, or to be guilty of any disorderly conduct therein. It is unlawful for any licensee to suffer or allow any disorderly conduct to be committed, or to suffer or allow any disorderly person to be or remain upon, any licensed premises.
R. Solicitation: It is unlawful for any person to solicit any other person upon any licensed premises for illicit sexual intercourse or other immoral purpose, or to be upon such premises for the purpose of such solicitation. It is unlawful for any licensee to suffer or allow any violation of the prohibition in this section upon the licensed premises.
S. Beg Or Solicit Alcoholic Beverage: It is unlawful for any person upon any public street or upon any licensed premises to beg or solicit a gift of any alcoholic beverage.
T. Sale After Revocation, Denial Or Suspension: It is unlawful for any person to sell beer after the revocation or denial of any license issued to him or during a period of suspension of such license.
U. Failure To Maintain Control: It is unlawful for any licensee hereunder to fail to maintain full control of the conduct of the business upon the licensed premises, or to fail to inform himself of the manner in which the business is conducted and of the activities of his agents, servants and employees in and about the licensed premises. The licensee shall be responsible, under this article, for all of the activities of his agents, servants and employees in and about the licensed premises, and by accepting a license under this chapter, the licensee unconditionally guarantees to the city that neither he nor his agents, servants or employees will violate the terms of this chapter upon the licensed premises, and for breach of such guarantee the license may be revoked.
V. Consumption By Employee On Duty: An employee of a licensee, while on duty, may not consume an alcoholic beverage or be under the influence of an alcoholic beverage.
W. Sexually Oriented Business Regulations; Public Indecency: It is unlawful for any licensee to allow or permit any person on the licensed premises to violate chapter 15 of this title, or to engage in any act which violates the offense of public indecency under section 11-5-8 of this code, or lewdness as provided in Utah Code Annotated sections 76-9-702 and 76-9-702.5 and adopted by the city in section 11-1-1 of this code.
X. Leaving Premises With Open Container: It is unlawful for any licensee under a class B, C or D license to allow a person to leave the premises with any container which contains any alcoholic beverage if the container has been opened or the contents of the container partially consumed. It is unlawful for any person to leave such premises with any container which contains any alcoholic beverage if the container has been opened or the contents of the container partially consumed.
(Ord. 2011-51, 10-25-2011)