It is unlawful:
A. For a person to buy for resale, sell or deal in alcoholic beverages without first having procured appropriate licenses duly issued by the City, and otherwise complying with the provisions of this chapter, the Act, and any other applicable law.
B. For any retail licensee to purchase alcoholic beverages or products from any person other than a wholesaler licensed in accordance with the Act.
C. For a licensee or other person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person under the age of twenty one (21) years.
D. 1. For any person under the age of twenty one (21) years to purchase, attempt to purchase, solicit another person to purchase, possess, or consume any alcoholic beverage or product, unless specifically authorized by this title;
2. For any person under the age of twenty one (21) years to misrepresent his age or for any other person to misrepresent the age of a minor, for the purpose of purchasing or otherwise obtaining an alcoholic beverage or product for a minor; or
3. For any person under the age of twenty one (21) years to possess or consume any alcoholic beverage while riding in a limousine or chartered bus.
E. For a licensee to employ a minor to sell or dispose of any alcoholic beverage.
F. For a licensee or its employee to consume an alcoholic beverage or be under the influence of an alcoholic beverage while on duty.
G. For a licensee or its employee, during that employee's working hours or in connection with such employment or the operation of the licensee's business, to give to or purchase for any other person, accept a gift of, purchase for himself or consume any alcoholic beverage.
H. For a person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs or to a person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs.
I. For a Class A licensee or its employee to sell, dispose of, deliver or give beer to any person between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M.
J. For any Class B, Class C, Class D, or Class F licensee, or any employee of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises between the hours of twelve o'clock (12:00) midnight to twelve o'clock (12:00) noon of any day, or on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the closing hours and shall be a violation of this section.
K. For any Class E licensee, or any employee of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. on weekdays and Saturdays, on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed, or on any Sunday or State or Federal legal holiday between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the existing hours and shall be a violation of this section.
L. For any single event or special use permittee or any employee or agent of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises at any time or date other than as expressly established by approval of the City Council at the time of issuance of the permit, or on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the closing hours and shall be a violation of this section.
M. For a Class B, Class C, Class D, Class E, or Class F licensee to employ a person for the purpose of soliciting the purchase of alcoholic beverages by patrons of the establishment for themselves, on a percentage basis or otherwise. No Class B, Class C, Class D, Class E, or Class F licensee shall serve employees or allow a patron of the establishment to give alcoholic beverages to, or purchase alcoholic beverages for, or drink alcoholic beverages with any employee while that employee is on duty.
N. For a Class A licensee to sell beer except in the original container, or to permit beer to be consumed on the licensed premises.
O. For a person to consume liquor in a public building, park, or stadium, except as provided in this title.
P. 1. For any person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person under the age of twenty one (21).
2. This section does not apply to the furnishing or supplying of an alcoholic beverage or product to a minor for medicinal purposes by the parent or guardian of the minor or by the minor's physician or dentist, in accordance with this title.
Q. For a person to advertise the sale of beer, except as may be expressly permitted by the Utah Department of Alcoholic Beverage Control, and except for the placement of a license issued under this chapter in a location in or about the licensed premises where it will be visible to the public.
R. For any Class E licensee or State store, or their agent or employee, to permit any person under the age of twenty one (21) years to enter upon or to remain in or about any portion of the licensed premises where any alcoholic beverages are sold, dispensed or consumed, unless that portion of the licensed premises is dedicated primarily to the sale and serving of food. Exception may be made for a musician or entertainer in a prohibited area only upon express written consent of the Chief of Police.
S. The following acts or conduct in a restaurant licensed under this chapter are considered contrary to the public welfare and morals, and are prohibited upon the premises:
1. Employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
2. Employing or using the services of any person to dance or mingle with the patrons while the person is unclothed or in attire, costume, or clothing described in subsection S1 of this section;
3. Encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person;
4. Permitting any employee or person to wear or use any device or covering, exposed to view, that simulates the breast, anus, pubic hair, or any portion of these;
5. Permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities in this subsection;
6. Permitting any person to remain in or upon the premises who exposes to public view any portion of that person's genitals or anus; or
7. Showing films, still pictures, electronic reproductions, or other visual productions depicting:
a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by Utah law,
b. Any person being touched, caressed, or fondled on the breasts, buttocks, anus, or genitals,
c. Scenes wherein artificial devices or inanimate objects are used to depict, or drawings are used to portray, any of the prohibited activities described in this subsection, or
d. Scenes wherein a person displays the vulva or the anus or the genitals.
T. Although live entertainment is permitted on the premises of a restaurant liquor licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated area approved by the City.
U. Any violation of subsections E, I through L, R, S and T, inclusive, of this section shall constitute offenses of strict liability against any agent, employee or licensee, and such licensee may be liable in addition to an agent or employee. (Ord. 2017-11: Ord. 2015-20)