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5-3D-4: PROHIBITED ACTIVITIES; LICENSEE RESPONSIBILITIES:
   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)
5-3D-5: PENALTY:
A violation of any provision of this chapter is a class B misdemeanor, punishable as set forth in title 1, chapter 4 of this code.
(1979 Code § 5.12.310; amd. Ord. 92-23, 3-24-1992; Ord. 98-54, 8-18-1998)