A. Sales To Specific Persons: It is unlawful for any person to sell beer to any person actually, apparently, or obviously intoxicated, a known habitual drunkard, or a known interdicted person.
B. Sales To Minors; Sales On Licensed Premises: It shall be unlawful to sell, serve, or otherwise furnish beer to any person under the age of twenty one (21) years, or to sell beer to any persons under the age of twenty one (21) years for consumption on the licensed premises, or permit beer to be consumed by any persons under the age of twenty one (21) on any licensed premises.
C. Hours Of Sales:
1. Class A Beer License: It shall be unlawful to sell or otherwise dispose of beer between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M.
2. Class B And C Beer Licenses: It shall be unlawful to sell or otherwise dispose of beer and/or allow it to be consumed on the premises between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. Licensed premises upon which beer is consumed shall be closed to the public between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
D. Advertising: It shall be unlawful to advertise the sale of beer except under such regulations as are made by the Alcoholic Beverage Control Commission.
E. Nuisance: It shall be unlawful to keep or maintain a "nuisance", as is defined in section 3-2-1 of this chapter.
F. Financial Interest Of Wholesaler: No brewer, dealer or wholesaler shall either directly or indirectly supply, give or pay for any furniture, furnishings or fixture of a retailer, nor shall such brewer, dealer or wholesaler advance, furnish money or pay for any license of a retailer, or be financially interested either directly or indirectly in the conduct or operation of the business of any retailer.
G. Illumination: Licensed premises shall be kept brightly illuminated at all times while such premises is occupied or open for business, and no booth, blind or stall shall be maintained unless all tables, chairs and occupants, if any therein, are kept open to the full view from the main floor at the entrance of such licensed premises. (2004 Code)
H. Public Parks: It shall be unlawful for any person to possess or consume any alcoholic beverages or container while upon the premises of any and all County public parks, unless such consumption is in accordance with a single (special) event license or permit as approved by the Washington County Commission. (Ord. 2019-1141-O, 7-2-2019)
I. Inspection Of Premises: All licensed premises shall be subject to inspection by any officer, agent or peace officer of the County or the Alcoholic Beverage Control Commission or the State Board of Health, and any licensee shall, at the request of the Health Department, provide a sample of beer for sale.
J. Kegs:
1. It shall be unlawful for any person to sell or dispose of any beer contained in a keg in the unincorporated areas of the County, except as hereinafter provided.
2. It shall be unlawful for any person to purchase, consume or possess, either solely or jointly with another, any beer in a keg in the unincorporated areas of the County, except those persons licensed as manufacturers and distributors and other licensed individuals possessing a valid license to possess keg beer for the purpose of transportation or sale in the County.
K. Presence During Unlawful Acts: It shall be unlawful for any person knowingly and intentionally to be present where beer is being used or possessed in violation of this chapter, where the use and possession is open, obvious, apparent and not concealed from those present.
L. Chemical Analysis Not Necessary: A court shall, in the absence of proof to the contrary, be at liberty to infer that the alcoholic beverage in question is beer by a trade name or otherwise, or that it is labeled as beer, without the necessity of hearing evidence of chemical analysis.
M. Sexually Oriented Businesses: An on premises beer retailer that serves beer in conjunction with a "sexually oriented business", as defined in section 3-4-3 of this title, in addition to complying with the requirements herein, shall also comply with the requirements of the Sexually Oriented Business Ordinance set forth in chapter 4 of this title.
N. Discouragement Of Over Consumption Or Intoxication:
1. Beer may not be sold at less than the cost of the beer to the licensee.
2. Beer may not be sold at a special or reduced price that encourages over consumption or intoxication.
3. Beer may not be sold at a special or reduced price for only certain hours of the beer retailer's business day such as "happy hour".
4. The sale or service of more than one alcoholic beverage for the price of a single alcoholic beverage is prohibited.
5. An on premises beer licensee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
O. Patrons Leaving Premises With Open Container: An on premises beer retailer licensee and its employees may not permit a patron to carry from the premises an open container that:
1. Is used primarily for drinking purposes; and
2. Contains any alcoholic beverage.
P. Employees Consuming Alcohol While On Duty: An employee of a licensee, while on duty, may not:
1. Consume an alcoholic beverage; or
2. Be intoxicated.
Q. Display Of License: Each on premises beer retailer licensee shall display in a prominent place in the on premises beer retailer establishment:
1. The on premises beer retailer license that is issued by the department of alcoholic beverage control, and the license issued by the county; and
2. A sign in large letters stating:
Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.
R. Employment Of Minors:
1. Except as provided in subsection R2 of this section, a minor may not be:
a. On the premises of or employed by an on premises beer retailer licensee to sell, dispense, or otherwise furnish beer; or
b. On the premises of any tavern.
2. Notwithstanding subsection R1 of this section, a minor may be employed to enter the sale at a cash register or other sales recording device on the premises of an on premises beer retailer that is not a tavern. (2004 Code)