A. Licenses And Consent Required:
1. It shall be unlawful for any person to operate any association, restaurant, club or similar business that allows customers, members, guests, visitors or other persons to possess or consume alcoholic beverages on the premises without first procuring an alcoholic beverage license therefor as provided in this chapter and pursuant to Utah Code Annotated, title 11, chapter 10, as amended.
2. It shall be unlawful for any business establishment to engage in the sale, distribution, storage, manufacture, importation or exchange of alcoholic beverages without first procuring either an alcoholic beverage business license from the City Council, or the City Council's express consent to operate such business as provided in the Utah Alcoholic Beverage Control Act, as amended, and subject to subsequent changes.
3. It shall be unlawful for any person to engage in the business of the retail sale of beer within the City without first procuring a license therefor as provided in this chapter and pursuant to Utah Code Annotated title 32B, chapter 5. A separate license shall be required for each place of sale.
4. All licenses and licensees shall comply with all applicable provisions of State law and local ordinance, including the Alcoholic Beverage Control Act, as amended, the regulations of the Utah State Alcoholic Beverage Control Commission and the regulations of this chapter.
5. All licenses required by this chapter shall be in addition to any other licenses, consent, permits or permission required by State law or local ordinance for the operation of an alcoholic beverage establishment.
B. Alcoholic Beverage Business License:
1. Restaurants And Clubs: A person may not operate a restaurant, club, association or similar business that allows customers, members, guests, visitors or other persons to possess or consume alcoholic beverages on the premises without first procuring an alcoholic beverage business license as provided by this chapter and required by State law.
2. Other Businesses: A person may not operate any business that manufactures, packages, sells, stores, distributes or allows persons to possess or consume alcoholic beverages on the premises without first procuring an alcoholic beverage business license therefor from the City Council.
C. Retail Beer And Alcohol Licenses; Classifications: Licenses issued by the City for the retail sale of beer and alcohol shall be of the following classes and carry the following privileges and restrictions:
1. Class A (Off Premises) Retail License: Class A retail licenses shall entitle licensees to sell beer on the licensed premises in the original containers, having the label of the maker thereon, of any size not exceeding two liters (2 L), to persons twenty one (21) years of age or older, for consumption off the premises. Persons under twenty one (21) years of age are permitted on the licensed premises. A minor may not sell beer on the licensed premises of an off-premises beer retailer unless:
a. The sale is done under the supervision of a person twenty one (21) years of age or older who is on the licensed premises; and
b. The minor is at least sixteen (16) years of age.
c. Obtain an off-premises beer retailer State license in accordance with Utah Code Annotated 32B-7-401 et seq.
d. Each off premises beer licensee shall comply with the provisions of employee training requirements and operational provisions established by the Act.
2. Class B (On Premises) Retail License: Class B retail licenses shall entitle licensees to sell beer and/or alcohol to persons twenty one (21) years of age and older in the original containers of any size not exceeding two liters (2 L) for consumption on the premises. Beer or alcohol sold on the licensed premises of a Class B retail licensee may not be removed from the premises. No person under twenty one (21) years of age shall sell beer or alcohol under this license. Persons under twenty one (21) years of age are not permitted on any licensed premises which qualifies as a tavern under provisions of this chapter or which has the atmosphere or appearance of a "tavern", as defined in section 3-2-3 of this chapter, except when in the performance of law enforcement duties as directed by the Police Department.
3. Class C (On Premises) Retail License: Class C retail licenses shall entitle licensees to sell beer on draft for consumption on the premises and to all the privileges granted the holders of Class B retail licenses. Beer or alcohol sold on the licensed premises of a Class C retail licensee may not be removed from the premises, and cannot be sold in containers larger than two liters (2 L). Persons under twenty one (21) years of age are not permitted on any licensed premises which qualifies as a tavern under provisions of this chapter or which has the atmosphere or appearance of a "tavern", as defined in section 3-2-3 of this chapter, except when in the performance of law enforcement duties as directed by the Police Department. No person under twenty one (21) years of age shall sell or serve beer or alcohol under this license.
4. Seasonal License: A seasonal license shall carry all the privileges and restrictions of a Class C retail license and shall be for a period of less than thirty (30) days to be determined by the City Council. Persons under the age of twenty one (21) are not permitted on the licensed premises, except when in the performance of law enforcement duties as directed by the Police Department. No person under twenty one (21) years of age shall sell or serve beer or alcohol under this license.
5. Club License: A club license shall carry all the privileges and restrictions of a Class C retail license; provided, that the sale of beer or alcohol shall be to club members, visitors or guests only, and each license shall be issued to bona fide clubs as defined by the Utah Nonprofit Corporation and Cooperative Association Act and the provisions of Utah Code Annotated title 32B, chapter 6, as amended. Persons under twenty one (21) years of age are not permitted on any licensed premises which qualifies as a tavern under provisions of this statute or which has the atmosphere or appearance of a "tavern", as defined in section 3-2-3 of this chapter, except in the performance of law enforcement duties as directed by the Police Department. No person under twenty one (21) years of age shall sell or serve beer or alcohol under this license.
A licensee licensed to sell beer, pursuant to the provisions of this chapter, need not obtain an alcoholic beverage business license under subsection B of this section, in addition to a retail beer license.
6. Manufacturer Licenses:
a. Manufacturer License: A person may not manufacture for retail sale any alcoholic beverage unless an alcoholic beverage manufacturing license has been issued by the State DABC.
b. License Application Process: A person seeking a manufacturer license shall comply with the requirements of this title.
c. General Operational Restrictions:
(1) A separate license is required for each place of manufacture, storage, and sale of alcohol.
(2) Whether independent or associated with a restaurant, a brewer or other form of manufacturing requires local consent from the City Council.
(3) Manufacture licensees shall comply with all provisions and operational regulations for a manufacturer as established by the Act.
d. Maintain Records: Licensees shall maintain records as per the Act.
e. Restrictions: No more than two (2) manufacturer's licenses shall be issued within Pleasant Grove City.
7. Restaurant License: A beer-only restaurant, full-service restaurant, and limited-service restaurant license shall entitle the licensee to sell alcoholic beverages only with the purchase of food, on the premises described therein, in containers allowed under the Act. Only bona fide restaurants shall be entitled to a full-service restaurant, limited-service restaurant, or beer-only restaurant license.
a. Licenses Obtained: Before any full-service restaurant, limited-service restaurant, or beer-only restaurant may sell alcoholic beverages at retail for on-premises consumption, it shall obtain:
(1) A full-service, a limited-service restaurant or beer-only restaurant license from the City as defined in this chapter; and
(2) A full-service restaurant, a limited-service restaurant or beer-only restaurant license from the commission.
b. Maintain Records: Licensees shall maintain records as per the Act.
8. On-Premises Banquet License: An on-premises banquet license, shall entitle the licensee to sell alcoholic beverages on the premises described therein, for consumption only on the licensed premises.
a. An on-premises banquet license may only be issued for a hotel, resort facility, sports center or convention center.
b. Before any on-premises banquet licensee may sell or furnish an alcoholic product at retail for on-premises consumption, it shall obtain:
(1) An on-premises banquet license from the City; and
(2) An on-premises banquet license from the commission.
D. Licensing Procedures: All applications for licenses authorized by this chapter shall be submitted to the City Council. The City Council shall have authority to conduct an investigation into the background and character of each applicant, and to grant or deny all licenses.
E. Qualifications For An Alcoholic Beverage Business License Or A Beer Retailer's License: All applicants for a license under this chapter must meet the following minimum requirements:
1. Applicants must be at least twenty one (21) years of age.
2. Applicants must be of good moral character.
3. Applicants must be citizens of the United States.
4. Applicants must not have been convicted of:
a. Any State or Federal felony;
b. A violation of a Federal law, State law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product;
c. Any crime of moral turpitude; or
d. On two (2) or more occasions within the previous five (5) years, driving under the influence of alcohol, drugs, or the combined influence of alcohol or drugs.
5. In the case of a partnership, association or corporation, each partner, managing agent, association member, corporate officer or director, or stockholder who holds at least twenty percent (20%) of the total stock issued and outstanding of a corporation, may be required to meet all of the foregoing restrictions as if such individual were the applicant.
6. A license will not be issued to any person who has had any alcoholic beverage license issued by the State or this Municipality revoked within the last three (3) years.
7. A license will not be issued to any corporation, partnership or association if any partner, managing agent, association member, corporate officer or director, or stockholder who holds at least twenty percent (20%) of the total stock issued and outstanding of a corporation, has had any alcoholic beverage business license issued by the State or this Municipality revoked within the last three (3) years.
F. License Applications: All applications for licenses under this chapter shall be filed with the City Council and shall state the following:
1. The name, current address and telephone number of the applicant.
2. The age and date of birth of the applicant.
3. Social security number of the applicant.
4. The citizenship of the applicant.
5. All addresses of the applicant for the previous five (5) years.
6. The type of license required.
7. The location of the premises to be licensed.
8. A statement and evidence verifying that the applicant qualifies, under the relevant provisions of the Alcoholic Beverage Control Act, as amended, and the regulations of the Utah State Alcohol Control Commission, for the license sought.
9. A statement verifying that the applicant has never been convicted of:
a. A State or Federal felony;
b. A violation of State law or local ordinance relating to alcoholic beverages including DUI offenses; or
c. A crime of moral turpitude.
In determining whether any such disqualifying act has been committed, a criminal history check of the applicant shall be completed, including a Utah Bureau of Criminal Information background check.
10. A sworn statement signed by the applicant that all the facts included in the application are true.
11. Any other information that the City may require.
12. If the applicant is a partnership, association or corporation, the City may require the above information with respect to each partner, association member or corporation officer and director, but the application need only be signed by a single partner, member or officer.
13. If the establishment for which the applicant seeks a license will be managed or operated by a person other than the applicant, the City may also require that the manager or operator submit an application for the purpose of a background investigation, and, if the manager or operator does not meet the appropriate requirements, the City may deny the applicant's request for a license.
14. If an applicant for a Class C, seasonal or club license intends to engage in business other than the sale of alcoholic beverages, or the provision of a place for the consumption of any alcoholic beverages, he shall designate on the application the room or portion of the building within which he intends to do business and which will be used for the sale of alcoholic beverages or the consumption of any alcoholic beverage. The room or portion of the building so designated shall be deemed to be the licensed premises, if the license is granted. Such a room or building portion must be separated from the rest of the business establishment or building by a substantial, solid, permanent wall from floor to ceiling, composed of materials that will completely shut off all visibility and normal sounds and have no more than one door in the interior walls connecting it with the remainder of the building.
15. Proof that the applicant is carrying commercial general liability insurance in an amount and form satisfactory to the City, and for applicants for any on premises license, dramshop insurance coverage of at least one hundred thousand dollars ($100,000.00) per occurrence and three hundred thousand dollars ($300,000.00) in the aggregate. (Ord. 2019-12, 6-4-2019)