ARTICLE C. PRIVATE CLUBS AND ASSOCIATIONS

SECTION:

5-4C-1: Definition

5-4C-2: License Required

5-4C-3: Application; Fee; Expiration

5-4C-4: Compliance With Law

5-4C-5: Premises; Lighting, Visibility

5-4C-6: Permitting Illegal Acts Prohibited

5-4C-7: Alcoholic Beverage Licensing; Compliance With State

5-4C-8: Hours Of Operation

5-4C-9: Right Of Entry; Lookout Or Warning Device Prohibited

5-4C-1: DEFINITION:

"Private club or association" means any social club, recreational, fraternal or athletic association or kindred association organized primarily for the benefit of its stockholders or members, regulated and operated in compliance with the provisions of Utah Code Annotated title 32A, chapter 5.

(1979 Code § 5.24.010; amd. Ord. 90-60, 12-20-1990; Ord. 98-54, 8-18-1998; Ord. 2004-57, 8-3-2004)

5-4C-2: LICENSE REQUIRED:

It is unlawful for any person or entity to operate a private club or association in the city without first obtaining a private club or association license.

(1979 Code § 5.24.020; amd. Ord. 90-60, 12-20-1990; Ord. 98-54, 8-18-1998)

5-4C-3: APPLICATION; FEE; EXPIRATION:

   A.   Application: Applications shall be made to the business license coordinator and shall show the location of the private club or association and state whether a restaurant is or will be operated on the premises. The applicant shall also comply with the requirements of chapter 3, article C of this title.

   B.   Restaurant, Cabaret Operated On Premises: If a restaurant is being operated on the premises, the licensee shall also comply with the requirements of chapter 14 of this title. If a cabaret is being operated on the premises, the licensee shall also comply with the requirements of article B of this chapter.

   C.   Investigation By Chief Of Police: An application for a private club or association 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 whether the premises are in compliance with the requirements of this chapter; whether the place is or has been conducted or operated in compliance with the requirements of this chapter; the nature and kind of business conducted at the place; the nature and kind of entertainment, if any, at the place; whether gambling is or has been permitted, or gambling devices displayed, upon the premises, or by the applicant at any other place; and whether there is any grounds to believe that any statement made in the application is untrue. The chief of police shall add such further information as is pertinent to the licensure of the private club or association.

   D.   Additional Referrals: Initial applications shall be referred to the following departments and divisions:

      1.   The fire department, to determine compliance with all fire codes;

      2.   The inspection services division, to determine compliance with all building codes;

      3.   The community development department, to determine compliance with all zoning ordinances; and

      4.   The county health department, to determine compliance with all regulations complying with food preparation and service.

   E.   Fee: The fees for a private club license shall be the fee as determined in chapter 1, article B of this title.

   F.   Term: All licenses issued under this chapter shall be issued for one year and shall expire on the December 31 of each year.

(1979 Code § 5.24.030; amd. Ord. 97-94, 12-16-1997; Ord. 98-9, 2-3-1998; Ord. 98-54, 8-18-1998)

5-4C-4: COMPLIANCE WITH LAW:

No license shall be issued for a private club or association unless and until it shall be found that the place for which it is issued complies with and conforms to all laws, ordinances and health and fire regulations applicable thereto and is properly ventilated and has available separate and sufficient toilet conveniences for each sex and is a safe and proper place for the purposes for which it shall be used pursuant to such license.

(1979 Code § 5.24.040; amd. Ord. 98-54, 8-18-1998)

5-4C-5: PREMISES; LIGHTING, VISIBILITY:

   A.   Lighting: All premises licensed or regulated by this chapter shall maintain throughout the premises and during business hours a minimum of two (2) candlepower light measured at a level five feet (5') above the floor.

   B.   Visibility: A clear, unobstructed view of the entire interior of the private club, excluding restrooms, kitchens or storerooms, shall be maintained by the licensee at all times. The required view must be visible from either the entrance or from another location open to plain view. The licensee shall not erect or maintain any enclosed booth, blinds or stalls within the interior which obstructs such view of all tables, chairs and occupants.

(1979 Code § 5.24.050; amd. Ord. 98-54, 8-18-1998)

5-4C-6: PERMITTING ILLEGAL ACTS PROHIBITED:

It is unlawful for any person to whom a license under this article has been issued to allow or permit, on the licensed premises, any act to be committed that is in violation of the statutes of the state or the ordinances of the city, or to permit prostitutes, pimps or procurers to enter and remain on said premises.

(1979 Code § 5.24.070; amd. Ord. 98-54, 8-18-1998)

5-4C-7: ALCOHOLIC BEVERAGE LICENSING; COMPLIANCE WITH STATE:

   A.   Required: It is unlawful for a private club or association, any member thereof, or any other person to hold, store, possess, or consume alcoholic beverages on the premises of a private club or association unless the premises are licensed in accordance with the alcoholic beverage control act of the state and chapter 3, article C of this title.

   B.   Failure To Comply: It shall also be unlawful for a private club or association, or any officer, manager or employee of such private club, to fail to comply with the alcoholic beverage control act of the state, as amended, and the ordinances of the city.

(1979 Code § 5.24.100; amd. Ord. 90-60, 12-20-1990; Ord. 98-54, 8-18-1998)