A. Alcohol Training And Education Seminar: The licensee, employees and any managers or supervisors of an off premises beer retailer shall complete an alcohol training and education seminar with a certified provider as required by state law (eliminate alcohol sales to youth program). Employees and managers or supervisors must complete the training within thirty (30) days of being employed by an off premises beer retailer. Licensees must complete the training prior to the issuance of the beer license. Proof of completion shall be provided to the business license clerk. Said training must remain current.
B. Identification Badge: Staff of an off premises beer retailer who directly supervises the sale of beer or who sells beer to a patron for consumption off the premises of the off premises beer retailer shall wear a unique identification badge:
1. On the front of the staff's clothing;
2. Visible above the waist;
3. Bearing the staff's:
a. First or last name;
b. Initials; or
c. Unique identification in letters or numbers; and
4. With the number or letters on the unique identification badge being sufficiently large to be clearly visible and identifiable while engaging in or directly supervising the retail sale of beer.
C. Record Of Identification Badges: An off premises beer retailer shall make and maintain a record of each current staff's assigned badge that includes the staff's:
1. Full name;
2. Address; and
3. Driver's license number or similar identification number.
D. Identification Of Record: An off premises beer retailer shall make available a record required to be maintained under this section for immediate inspection by either a peace officer; or a representative of the local authority that issues the off premises beer retailer license.
E. Penalties For Violations: A violation of this section or of any law involving the sale of an alcoholic beverage is a misdemeanor and is subject, upon conviction, to the penalties as provided in section 1-4-1 et seq., of this code. Additionally, an employee who is convicted of any law involving the sale of an alcoholic beverage is not only subject to the penalties in this section, but is also subject to the administrative penalties contained in Utah Code Annotated 32B-7-305, 1953, as amended. Said penalties include, but are not limited to:
1. First violation: The individual may not sell or directly supervise the sale of beer to a patron for consumption off the premises of the off premises beer retailer until the individual retakes and completes an alcohol training and education seminar;
2. Second violation: The individual may not sell or directly supervise the sale of beer to a patron for consumption off the premises for a period of ninety (90) days from the day on which the administrative penalty is imposed;
3. Upon a third or subsequent violation: The individual may not sell or directly supervise the sale of beer to a patron for consumption off the premises of the off premises beer retailer for a period of one year from the day on which the administrative penalty is imposed.
4. During the time period in which an individual is prohibited from selling or directly supervising the sale of beer, an off premises beer retailer may not allow that individual to: directly supervise the sale of beer for the off premises beer retailer; or sell beer for the off premises beer retailer.
a. A violation of this subsection E4 is grounds for the immediate suspension of the off premises beer retailer's license.
F. Licensee Penalties: Any violation of this section by a licensee or any employee of the licensee shall subject the licensee to the following penalties:
1. In addition to any criminal penalty that may be imposed, an off premises beer retailer is subject to the imposition of administrative penalties as prescribed by state law including, but not limited to:
a. First violation, a written warning.
b. Second violation, a civil fine of two hundred fifty dollars ($250.00).
c. Third violation, a civil fine of five hundred dollars ($500.00).
d. Fourth and subsequent violations, a civil fine of five hundred dollars ($500.00) and a suspension of the off premises beer retailer's license for a period of thirty (30) consecutive days from the date on which the administrative penalty is imposed; and be placed on probation for a period of one year from the date on which the administrative penalty is imposed.
2. Any violations by the off premises beer retailer or any on duty staff of the off premises beer retailer during the period of suspension shall result in the revocation of the off premises beer retailer's license; and the retailer may not reapply for a new license for at least six (6) months from the date of revocation.
3. An off premises beer retailer's failure to pay a fine imposed under this section within thirty (30) days of the day on which the fine is imposed is grounds for the immediate suspension of the off premises beer retailer's license to sell beer until payment is made.
4. An off premises beer retailer's failure to pay a fine imposed under this section is grounds for revocation of the off premises beer retailer's license.
5. Nothing in this section shall limit the rights and powers of the city council to grant, refuse to grant, or revoke a licensee's license to sell beer under this section.
G. Right To A Hearing:
1. The licensee shall have the right to request a hearing to contest the existence of any violation of this section or the imposition of any penalty under this section. A written request for a hearing must be filed by the licensee with the city recorder and with the city attorney within fifteen (15) days of the date of mailing of the county's notice of violation to the licensee. The request for a hearing shall include the licensee's name, address, telephone number, and a statement of the licensee's basis for disputing the existence of a violation or the imposition of a penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The city's finding of a violation shall be considered final if the licensee fails to request a hearing within the time period set forth above.
2. The city council shall notify the licensee in writing of the date and time for the hearing. Hearings before the city council shall be conducted informally. Formal rules of evidence and court procedure shall not apply. The hearings are administrative in nature, and hearsay is admissible, but the evidence must have some probative weight and reliability to be considered. The licensee shall be given an opportunity to be heard at the hearing, shall have the right to be represented by counsel, and may call witnesses. The city council shall consider all of the evidence and shall take any action they deem appropriate as it relates to the licensee. The city council's decision shall be made orally at the end of the hearing or in writing within ten (10) business days following the hearing. (Ord. 2012-9, 4-3-2012)