Local consent shall be conditioned upon any applicant satisfying the following criteria:
A. Qualifications: Local consent shall not be granted to any applicant that does not meet all of the following qualifications:
1. Must be twenty one (21) years of age or older;
2. Must not have been convicted of:
a. A felony under federal or state law;
b. Any crime concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product;
c. A crime involving moral turpitude;
d. On two (2) or more occasions within the five (5) years before the day on which the license or permit is issued of driving under the influence of alcohol, drugs, or any combination of alcohol and drugs;
3. Must not have had any type of beer or liquor license or permit revoked within the last three (3) years;
4. Must comply with federal and state laws pertaining to the payment of taxes and contributions to unemployment and insurance funds;
5. Must meet all other state requirements for the applicable license or permit;
6. Is not in default under the provisions of any county ordinance;
7. Is not indebted or obligated in any manner to the county, except for current taxes.
B. Ownership: Each applicant for local consent shall disclose to the county the identity and mailing addresses of every owner of twenty percent (20%) or more of a proprietorship; every partner controlling twenty percent (20%) or more of a partnership; every shareholder owning twenty percent (20%) or more of the shares of a corporation and every officer and director of the corporation; every manager of an LLC or owner of twenty percent (20%) or more of an LLC; and every manager, director, managing agent or similar officer. Each of these individuals must meet the qualifications set forth in subsection A of this section.
C. Application: Each new applicant for local consent shall file a written application with the county, which shall be verified and filed with the county clerk. The application must be subscribed by the applicant, who shall state under oath that the facts therein contained are true. Failure to provide all required information or providing false or misleading information in the application shall constitute grounds for denial of the application or revocation of local consent, and shall constitute a misdemeanor, if done wilfully with the intent to mislead the county. The application shall include:
1. The applicant's name in full;
2. The applicant's mailing address;
3. The applicant's proposed location;
4. The category or categories of state license requested under section 3-2-4 of this chapter, if applicable, and statement of the purpose for which the applicant has applied for the consent;
5. A description of the control measures to be imposed by the DABC and where alcohol will be stored, served and sold;
6. A signed consent form stating that law enforcement and authorized county representatives shall have the unrestricted right to enter and inspect the premises to ensure compliance with state law and county ordinance;
7. Acknowledgment that the applicant has complied with the requirements and possesses the qualifications specified in subsection A of this section and the alcoholic beverage control act;
8. Acknowledgment that the applicant is subject to all operational restrictions imposed by the DABC under its state permit;
9. Acknowledgment that the proposed use of any premises by the applicant will not be in violation of county zoning regulations and that the applicant will otherwise be in full compliance with all applicable county, state and federal laws and ordinances;
10. Acknowledgment that no alcohol may be stored, served, or sold unless the applicant also obtains the appropriate state permit; and
11. The application shall also contain such information as shall from time to time be required by the county clerk or county manager.
D. Review And Inspection: In order for an application to receive local consent, the county clerk must receive a positive recommendation from all of the following Summit County departments:
1. Summit County Sheriff: All applications filed in accordance with the provisions of this chapter shall be referred to the county sheriff or designee for inspection and report. Prior to issuance of any local consent license or permit, all applicants and their supervisory personnel shall submit to a Utah bureau of criminal identification (BCI) check conducted through the county sheriff and/or the state of Utah. In the event new supervisory personnel are hired during the term of the license/permit, said new personnel shall submit to a BCI check within thirty (30) days of the hire date. The sheriff shall, within ten (10) days of his/her receipt of the application, make report to the county clerk. In conducting an investigation and making a recommendation, the county sheriff or designee may base a decision upon factors such as:
a. The general reputation and character of the persons who habitually frequent such place;
b. The nature and the kind of business conducted at such place by the applicant or by any other person or by the applicant at any other place;
c. Whether such place is or has been conducted in a lawful, quiet and orderly manner;
d. The nature and kind of entertainment, if any, at such place;
e. Whether gambling is or has been permitted on the premises or by the applicant at any other place;
f. Whether the premises meets the proximity requirements outlined in subsection E of this section;
g. Results of the BCI check from the state;
h. Whether the applicant meets the qualifications under this chapter or state code;
i. Whether any criminal violations or charges against the applicant exist where the criminal violation at issue would make an applicant ineligible for a license or permit under this chapter or state code;
j. Compliance with the alcoholic beverage control act and this chapter;
k. Policies and safety protections the applicant has in place to restrict minors from accessing the portion or portions of a premises where alcoholic beverages are sold or to prevent minors from gaining access to and/or consuming alcoholic beverages.
The county sheriff or designee shall also add to such report his recommendation as to whether local consent should be granted. If recommending denial, the county sheriff or designee shall submit a detailed report of the investigation, record the recommendation on the application, and sign the application. If recommending approval, the county sheriff or designee shall record such recommendation on the application, sign the application, and may, at his/her sole discretion, submit a detailed report of the investigation.
2. Health Department Inspection: All applications filed in accordance with the provisions of this chapter shall be referred to the health department, which shall inspect all premises to assure sanitary compliance with the laws of the state, the ordinances of Summit County, and health department rules and regulations on the preparation, storage, distribution or sale of alcoholic products and food. The health department shall make its report to the county clerk within ten (10) days after his/her receipt of the application.
3. Fire Department Inspection: All applications filed in accordance with the provisions of this chapter shall be referred to the appropriate fire authority, which shall inspect all premises to assure compliance with all fire standards of the state, the ordinances of Summit County, and fire authority rules and regulations. The fire authority shall make its report to the county clerk within ten (10) days after his/her receipt of the application.
4. Community Development Inspection: All applications filed in accordance with the provisions of this chapter shall be referred to the Summit County department of community development, which shall inspect all premises to be licensed, to assure compliance with all zoning and land use regulations and applicable building codes of the state and county. The department of community development shall make its report to the county clerk within ten (10) days after his/her receipt of the application.
E. Proximity Requirements: The applicant's proposed location must meet the proximity requirements outlined in the state's alcoholic beverage control act or have received a variance to said proximity requirement as outlined in the state's alcoholic beverage control act and in section 3-2-10 of this chapter. This section shall not apply to event permits.
F. Training Requirement: No applicant shall be granted local consent unless the applicant has shown by certificate(s) granted by the DABC or by adequate proof of the existence of such certificate(s), that each employee of the business engaging in the servicing, selling, or furnishing of alcohol on the premises has completed the alcohol training and education seminar as required by the state alcoholic beverage control act. Each new employee of a licensee who is required to complete this seminar shall complete the seminar within thirty (30) days of commencing employment.
G. Fees: Applications shall be accompanied by fees as established by the county council, which are in addition to the general business license fees and any other basic license fees or regulatory fees which may apply, as required under law. If the application is denied, fifty percent (50%) of the license fee will be retained to pay the costs of processing the application. (Ord. 853, 12-2-2015)