A. Renewal Of Existing Licenses: In December of each year, the county clerk shall send via first class mail, notice to each business with local consent that the license is scheduled to expire. Businesses desiring to renew shall file with the county clerk a renewal fee, a completed renewal application in a form prescribed by the county clerk, and copies of their current state license(s) at least thirty (30) days prior to expiration. The county clerk shall issue a new license valid through January 15 of the next licensing year if the above requirements are met.
B. Failure To Renew: Upon written notification by the county clerk, the local consent holder must close his/her licensed premises on the date the existing license expires and shall keep the premises closed for any and all business for the sale of alcohol until the date the new license is issued. In the absence of such notice, pending action on license renewals, the license is deemed extended provided a renewal application was filed on or before thirty (30) days prior to expiration. Those failing to file in a timely manner shall be assessed a penalty equal to twenty five percent (25%) of the renewal fee pursuant to the county fee schedule.
C. Grounds For Denial, Suspension And Revocation:
1. Initiated: The county clerk may, on his or her own initiative or in response to complaints from the general public or any county department, investigate and gather evidence of violations of this chapter or other circumstances which may give rise to a denial, suspension or revocation. The county clerk may request county staff to investigate further or obtain additional evidence before making a determination. The county clerk will determine whether sufficient grounds and evidence exist to initiate denial/revocation/suspension of local consent/license.
2. Denial Of Application By County Clerk: The county clerk shall have the authority, without a hearing, to deny an application for local consent under this chapter if:
a. The application does not contain all of the required information;
b. The application fee is not paid;
c. The applicant and owners and/or premises did not meet all of the requirements of section 3-2-5 of this chapter, where applicable;
d. The applicant intentionally misrepresented or concealed information required by this chapter in an application for local consent;
e. The applicant holds local consent for other premises under this chapter, which are not in good standing, or upon which premises the provisions of this chapter and state laws are frequently violated; or
f. The applicant does not hold a current Summit County business license.
3. Suspension Or Revocation By County Clerk: The county clerk shall have the authority to suspend or revoke, without a hearing, local consent under this chapter for the following reasons. However, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this chapter has passed.
a. The applicant and owners under subsection 3-2-5B of this chapter, if applicable, do not meet the qualifications set forth in subsection 3-2-5A of this chapter or in state code, or local consent could be denied for any of the reasons listed in subsection C2 of this section;
b. The local consent holder has violated state or local alcoholic beverage laws or regulations;
c. The local consent holder does not pay an application fee, renewal fee or fine;
d. The local consent holder does not hold a current Summit County business license;
e. The local consent holder fails to follow the transfer process outlined in subsection I of this section;
f. The local consent holder has failed to comply with the terms of its related land use permit (e.g., conditional use permit or low impact permit);
g. Three (3) or more serious or grave disciplinary sanctions, as defined by the Utah DABC, within a three (3) year period;
h. Failure to maintain current and appropriate licensure under the state's alcoholic beverage control act, or its successor provisions.
i. Failure to complete the training requirements outlined in subsection 3-2-5F of this chapter, unless the licensee provides to county clerk proof of compliance within thirty (30) days of the time that the licensee is first notified that such violation occurred.
D. Procedure For Denial, Suspension Or Revocation: The county clerk shall give notice to any applicant or local consent holder of the decision to deny, suspend or revoke under this chapter by mailing notice by certified mail to the individual identified in the application at the address listed on the application. The notice shall include the following information:
1. Name of applicant/local consent holder;
2. Reason for denial/suspension/revocation including indication of county, state or federal law violated;
3. Explanation of right of applicant/local consent holder to appeal the decision of the county clerk;
4. Time frames and process for appeal; and
5. Indication that if the applicant/local consent holder chooses not to appeal within the specific time frame, the decision of the county clerk shall be considered final and the applicant/local consent holder will be expected to comply immediately.
E. Appeals: Decisions herein by the county clerk may be appealed to the Summit County council within ten (10) calendar days of the date of mailing of the certified letter notifying the applicant/local consent holder of the denial/suspension/revocation.
F. Licensing After Revocation: In the event an application has been denied or local consent revoked or suspended, the applicant may not reapply for a license for the same location until one year has expired from the date of said denial/suspension/revocation.
G. Validity Of Business License Or Local Consent During Appeal: Throughout the appeal process, an individual with a suspended or revoked business license or suspended or revoked local consent may continue to operate his or her business in accordance with federal, state and local laws pending final decision on the appeal, or until the time for appeal has passed, whichever occurs first.
H. Emergency Suspensions By County Sheriff: Local consent under this chapter may be suspended by the county sheriff or designee without prior hearing provided there is probable cause to believe violations of this chapter or state law are occurring, and the conditions are such that the public health and safety are endangered. Such temporary suspension shall occur only if the management or the licensee fails to remedy the situation within fifteen (15) minutes of notification by the county sheriff or designee that a suspension will occur if the conditions complained of are not remedied in a manner that eliminates the immediate danger to public health and safety. No emergency suspension by the county sheriff or designee shall extend beyond the ordinary close of business on the day on which the suspension was given.
I. Transfers: Local consent licenses may not be transferred from one person to another or one premises to another without reapplying for local consent and following the provisions set forth in section 3-2-5 of this chapter. Applicants must also present proof that the transfer was approved by the DABC as outlined in title 32B, Utah Code Annotated. (Ord. 853, 12-2-2015)