[1]
Prior legislation: 1968 Code §§ 5-4-1 – 5-4-7 and 5-4-9 – 5-4-13; 1979 Code §§ 7-3-1 – 7-3-7 and 7-3-9 – 7-3-14; Statutory Authority UCA §§ 32-4-17 and 32-4-18; Ord. Nos. 5-78, 5-81, 2-82, 14-82, 1-88, 6-88, 6-90, 24-91, 17-97, 24-99, 4-00, 24-00, 1-01, 3-01, 6-04, 5-05, 4-06, 13-06, 06-2007 and 40-2007.
For purposes of this Chapter, the definitions in the definition sections of Utah's "Alcoholic Beverage Control Act," Title 32B, Utah Code Annotated 1953, are hereby adopted by reference and incorporated herein. In addition, the following words and phrases shall have the meaning herein prescribed:
"Act"
means Utah's "Alcoholic Beverage Control Act," Title 32B, Utah Code Annotated 1953, or successor provisions as amended.
"Bar establishment"
means a location with a license entitling the licensee to sell an alcoholic product for consumption on the licensed premises and in connection with a license issued by the State of Utah to operate as a bar establishment as provided in Title 32B, Chapter 6, Part 4,Bar Establishment, Utah Code Annotated 1953, or successor provisions as amended. "Bar establishment" does not include a restaurant.
"DABC"
means the Utah Department of Alcoholic Beverage Control, including, but not limited to, its governing board, the Alcoholic Beverage Control Commission.
"Licensed premises"
means any property, building, enclosure, room or equipment used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic beverages or products and licensed to carry out the activity approved under this Chapter and under the Act.
"Off-premise beer retailer"
means a retailer with a license entitling the licensee to sell beer on the licensed premises for consumption off the premises as provided in Title 32B, Chapter 7, Utah Code Annotated 1953, or successor provisions as amended, or as provided in Title 32B, Chapter 2, Part 6, Utah Code Annotated 1953. An "off-premise beer retailer" does not include an on-premise beer retailer. In addition to the Act requirements, the following is required for off-premise beer retailers:
(1) 
The off-premises retail space shall be at least one thousand (1,000) square feet; and
(2) 
The off-premises beer retailer shall not have more than thirty percent (30%) of its total annual gross retail receipts for the off-premises retailer from the sale of beer.
"Outlet"
means a State store, a package agency, or a retail licensee, as defined under the Act.
"Person"
means any individual, partnership, firm, corporation, association, business trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.
"Restaurant"
means a business location at which a variety of foods are prepared; at which complete meals are served; and that is engaged primarily in serving meals. A restaurant includes a full-service restaurant licensee; a limited-service licensee; or a beer-only restaurant licensee as these terms are defined under the Act.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
All sections of Utah's "Alcoholic Beverage Control Act," Title 32B, Utah Code Annotated 1953, or successor provisions as amended, are hereby adopted and made a part of this Code by reference and are incorporated herein, including, but not limited to, provisions of the Act that relate to Class B misdemeanors, Class C misdemeanors or infractions. In the event the Code is inconsistent with the requirements of the Act, the Code shall control, except if the State law preempts the Code then the State law shall control.
(2) 
It is unlawful:
(a) 
For a person to buy for resale, sell or deal in alcoholic product without complying with the provisions of this Chapter, the Act and any other applicable law;
(b) 
For an outlet, off-premise beer retailer, on-premise beer retailer or any of these licensee's employees to sell, dispose of, deliver or give beer to any person outside of the hours of 7:00 a.m. to 12:59 a.m.;
(c) 
For a bar establishment to sell liquor, wine, heavy beer or beer outside of the hours of 10:00 a.m. to 12:59 a.m.; and
(d) 
For a restaurant to sell liquor outside of the hours of 11:30 a.m. to 11:59 p.m. A restaurant may sell beer from 11:30 a.m. to 12:59 a.m. On Saturdays, Sundays, legal holidays or private parties, a restaurant may sell beer or liquor beginning at 10:30 a.m.
(Ord. No. 25-2019 § 1, 12/17/2019)
It shall be unlawful for any person to engage in the sale of liquor or beer in bottles or original containers or draft, within the limits of the City without having first procured a license from the City as provided by this Chapter. An alcohol license is required by any person who is required to have a State alcohol license under the Act. Any license issued under this Chapter shall be to sell alcoholic product or otherwise conduct permitted activities only at the specific place and in the specific manner provided by such license. A separate license shall be obtained for each type of alcohol activity and for each different location for which the applicant desires to carry on activities regulated by this Chapter. License shall at all times be conspicuously displayed in the place to which it shall refer. All licensees shall comply with the Act and the regulations of the DABC.
(Ord. No. 25-2019 § 1, 12/17/2019)
It shall be unlawful for any licensee under this Chapter to purchase or acquire or to have or possess for the purpose of sale or distribution, any liquor or beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the Act.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
The quotas for alcohol license shall be as set forth herein. Where a quota is not set forth in this Chapter, the quotas established under the Act shall apply. Specified:
(a) 
Off-Premises Beer Retailer. The total number of off-premises beer retailer licenses issued within the City shall not exceed that number determined by dividing the population of the City by one thousand (1,000).
(b) 
Bar Establishment. The total combined number of licenses issued within the City for bar establishments shall not exceed that number determined by dividing the population of the City by ten thousand (10,000).
(c) 
Restaurant. The total number of licenses issued within the City shall not exceed that number determined by dividing the population of the City by three thousand (3,000).
(d) 
On-Premise Beer Retail Licenses. The total combined number of on-premise beer retail licenses shall not exceed that number determined by dividing the population of the City by fifteen thousand (15,000).
(2) 
State License No Effect. A license issued by the State for the sale of alcoholic products shall not affect the need for a separate license from the City. Holding one (1) type of license under this Chapter shall have no effect on the applicability of regulations or quotas governing other types.
(3) 
Population Determination. Population for determining the number of licenses shall be by the most recent U.S. decennial or special census or by any other population determination made by the United States government or the State. If the City Council wishes to make more frequent determinations of population than what may be available from the above sources, it may do so based on such formula as it may reasonably consider to be more accurate and use the more accurate population determination.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
Required. An application for a license under this Chapter shall be made in writing, under oath, and on a form provided by the City for a new license, due to a change of ownership, a change of lessee of an existing licensed premises, or a change of location of an existing licensed premises. Renewal applications must be signed by an authorized signer for the business and returned to the City with a copy of the current State alcohol license and all applicable fees.
(2) 
Accompanying Materials. Any application submitted under this Chapter shall be accompanied by:
(a) 
A nonrefundable application fee in such amount as established by resolution of the City Council;
(b) 
An issuance fee for an original license or renewal in such amount as established by resolution of the City Council, which is refundable if a license is not issued. If a license is issued on or after July 1st in any year, one-half (1/2) of the license fee shall be charged;
(c) 
A copy of the applicant's current business license or application therefor;
(d) 
A copy of the State alcohol license or the completed application being submitted to the State for the State alcohol license;
(e) 
The applicant shall provide a list of all community locations within two hundred feet (200') of the outlet or restaurant location measured in a straight line from the nearest patron entrance of the proposed outlet or restaurant to the nearest property boundary of the community location;
(f) 
A signed consent form stating that the licensee will permit any authorized representative of the City or any law enforcement officer an unrestricted right to enter the licensed premises;
(g) 
Except for applicants who are required to provide a criminal background check as part of the licensing process with the DABC, the owner and local manager shall provide a current copy of their criminal history record from the State of Utah, Department of Public Safety, Bureau of Criminal Identification; and
(h) 
Any other information the license officer may require. Licensee must provide City with a copy of original and renewal licenses provided by DABC within fifteen (15) days of licensee receiving said license.
(3) 
In the event that a business applying for a license has more than five (5) places of business, only the local manager will need to provide a criminal background check pursuant to subsection (2)(g) of this section.
(4) 
Renewal Applications. Renewal applications must be signed by an authorized signer for the business and returned to the City with a copy of the current State alcohol license and all applicable fees.
(5) 
License Availability. In the event that the number of applications exceeds the number of available licenses, the available license may be issued to that applicant or applicants who, in the determination of the City Council, best qualify and which will best serve the interests of the community as determined under this section. No provision of this Chapter shall require the City to issue any license applied for under this Chapter.
(6) 
Assignment or Transfer. No license issued under this Chapter shall be assigned, transferred, leased, subleased or sold, or otherwise transferred, except that in the sole discretion of the City, a transfer of a license may be permitted upon a change of location where the owner remains the same, or upon a change of owners where the location remains the same. In either case, the same requirements as to the location of premises and the qualifications of the licensee shall apply, and the same fees will be required as in the case of the issuance of an original license.
(7) 
Nonuse – Validity. A license issued under this Chapter which is not used by the licensee within or for a period in excess of ninety (90) consecutive days shall automatically revert to the City and shall no longer have any validity.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
Every licensee hereunder shall be of good moral character, over the age of twenty-one (21) years, and lawfully present in the United States. Upon the death, resignation or discharge of its agent, a partnership, limited liability company, corporation or other entity shall, within fifteen (15) days, appoint another agent to qualify for and hold the license. Failure to designate a substitute agent within the time required shall be grounds for suspension, revocation or refusal to renew the license.
(2) 
No license shall be issued to any person who has violated any provision of this Title or the Act or who has violated any provision of a license to sell alcoholic products issued by any governmental agency within the State, or who has had such a license revoked or who has been convicted of related charges, a felony or any violation of any law or ordinance relating to alcoholic beverages or drugs, keeping a gambling house, or any law or ordinance involving moral turpitude, or who has pleaded guilty to, including a plea in abeyance, or forfeited bail on a charge of having committed a felony or of having violated any such law or ordinance.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
Application Fee. A nonrefundable application fee in such amount as established by resolution of the City Council shall be submitted with any application for an original license.
(2) 
License Fee. At the time of application for an original license or renewal, the applicant shall pay an issuance fee in such amount as established by resolution of the City Council.
(3) 
Special Event Alcohol License. A nonrefundable application fee in such amount as established by resolution of the City Council shall be submitted with any application for a special event alcohol license. In addition, at the time of application for a license, the applicant shall pay an issuance fee in such amount as established by resolution of the City Council.
(Ord. No. 25-2019 § 1, 12/17/2019)
No license shall be issued to any applicant who is in arrears in the payment to the City for any business license fees, or who is otherwise indebted to the City. Failure to pay business license fees or other charges assessed by the City when due shall be a basis for suspension or revocation of any license issued hereunder.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
It shall be unlawful for any person who is intoxicated or under the influence of an intoxicating beverage or substance to sell or purchase beer.
(2) 
It shall be unlawful to sell beer in violation of the proximity requirements of Section 32B-1-202, Utah Code Annotated 1953. A license may not be issued to an outlet that does not meet the required proximity provisions, subject to exceptions granted therein; and no beer license shall be issued in violation of such.
(3) 
It shall be unlawful for an off-premise beer retailer to sell beer within one hundred eighty (180) feet of a community location measured from the nearest patron entrance of the retailer to the boundary line of the community location. A license may not be issued to a retailer if a community location is within one hundred eighty (180) feet of the retailer's nearest patron entrance to the community location.
(4) 
It shall be unlawful to advertise the sale of beer, except under such regulations as are made by the DABC.
(5) 
It shall be unlawful to sell or dispense beer from any drive-up window.
(Ord. No. 25-2019 § 1, 12/17/2019)
Whenever written consent of a local authority is needed by an applicant for a license under the Act, the applicant must file an application for such consent with the City. In order to obtain such consent, applicant must meet all qualifications for licensure set forth in Sections 7-3-106 and 7-3-107, as determined by the Community Development Director, or the Director's designee. Written consent of a qualified applicant shall be issued in a reasonable time after the application. Local consent shall expire within one hundred eighty (180) days if a license is not issued by the State. Licensee must provide City with a copy of original and renewal licenses provided by DABC within fifteen (15) days of licensee receiving said license.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
Any license issued under this Chapter shall be subject to revocation if:
(a) 
The licensee shall cease to possess a business license or fail to keep for a period of two (2) years, or make available to the City upon reasonable request, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of alcoholic products.
(b) 
The licensee fails to comply with any of the applicable provisions of this Chapter or with the rules, regulations, and orders of the Utah County Health Department relating to health matters.
(c) 
Unlawful activities are conducted or permitted on the premises for which the business license is issued. The licensee or employees are on the premises habitually under the influence of alcohol or illegal drugs or the premises has repeated acts of violence.
(d) 
Either licensee or managing agent is convicted of any violation listed in Section 7-3-107(2) or a violation of Federal, State, or local law involving alcohol or a crime of moral turpitude.
(e) 
The State License is revoked by the DABC.
(2) 
Upon receiving information sufficient to establish any violation set forth in subsection (1) of this section by a preponderance of the evidence, the License Official shall send a notice of violation to the license holder by hand delivery to the manager on duty by a police officer or code enforcement officer and a copy by standard mail to the mailing address of the license holder. The date of hand delivery shall be construed as the date of delivery.
(3) 
In the event that a licensee contests the existence of any violation under subsection (1) of this section, the licensee shall have the right to request a hearing to contest the existence of any violation of this Chapter or the imposition of any penalty under this Chapter. A written request for a hearing must be filed by the licensee with the City Recorder within fifteen (15) days of the date of delivery of the City's notice of violation. 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.
(4) 
The City Administrator shall notify the licensee in writing of the date and time for the hearing. Hearings 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 such hearing, shall have the right to be represented by counsel, and may call witnesses. The City Administrator's decision shall be made orally at the end of the hearing or in writing within ten (10) business days following the hearing.
(5) 
Upon any revocation of a license, the fee paid by the licensee to the City shall be forfeited to the City.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
It shall be unlawful for an off-premise beer retailer selling alcoholic beverages for off-premise consumption to place any alcoholic beverage for sale or storage within fifteen (15) feet of any and all of the business's customer entrances.
(2) 
It shall be unlawful to sell beer to any person under the age of twenty-one (21) years.
(3) 
Any violation of subsection (1) or (2) of this section by a licensee or any employee of the licensee shall subject the licensee to the following penalties:
(a) 
Upon the first violation of this Chapter, the licensee shall be issued a written warning.
(b) 
Upon any violation of this Chapter which occurs within twenty-four (24) months of a prior violation, the licensee shall pay a civil fine of $250.00.
(c) 
Upon any violation of this Chapter within twenty-four (24) months of two (2) prior violations, the licensee shall pay a civil fine of $500.00.
(d) 
Upon any violation of this Chapter which occurs within twenty-four (24) months of three (3) prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license to sell beer suspended for a period of thirty (30) consecutive days. Additionally, the licensee shall be placed on probation for a period of one (1) year. Any violation of this Chapter by the licensee, or the action by any suspended employee of the licensee to sell or supervise the sale of beer during the period of probation shall result in the revocation of the licensee's license to sell beer. The licensee shall not be eligible to reapply for a new license for at least six (6) months from the date of revocation.
(4) 
Failure to pay any fine imposed for a violation of any provision of this Chapter within thirty (30) days of the imposition of such fine shall be grounds for immediate suspension of the licensee's license to sell beer.
(5) 
Failure to pay any fine within twenty (20) days of the day on which the license is suspended is grounds for revocation of the licensee's license to sell beer.
(6) 
Nothing in this Chapter shall limit the rights and powers of the City to grant, refuse to grant, or revoke the licensee's license to sell beer under this Chapter.
(Ord. No. 25-2019 § 1, 12/17/2019)
(1) 
A special event alcohol service permit may be issued by the City under certain circumstances. The licensee shall make application with the City and include the following:
(a) 
A single event permit (seventy-two (72) hours or less) from the DABC.
(b) 
A nonrefundable application fee and issuance fee as shown on the fee schedule adopted by the City Council.
(c) 
The name, address, and telephone number of the applicant licensee and the location of the premises for which a liquor or beer license has been issued.
(d) 
A diagram showing the location at the premises where the liquor or beer will be stored, including seating and exit areas.
(2) 
Event applications are reviewed by the City's Special Events Review Committee which shall include the Director of Public Safety. Applications are required no later than ninety (90) days in advance.
(3) 
A permit shall be valid for one (1) event only. An event shall not take place in violation of the proximity requirements of Section 32B-1-202, Utah Code Annotated 1953.
(4) 
A special event permit, if issued, may contain conditions and limitations. Alcohol shall only be sold during the hours listed under Section 7-3-102. It shall be unlawful to violate a condition or limitation of a special event permit.
(Ord. No. 25-2019 § 1, 12/17/2019)
In addition to the denial, suspension, revocation or refusal to renew a license, the licensee and any person who shall violate the provisions of this Chapter shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be liable to punishment by a fine in an amount not to exceed $1,000.00 or by imprisonment for a term not to exceed six (6) months, or by both.
(Ord. No. 25-2019 § 1, 12/17/2019)