Chapter 5.15
ALCOHOLIC BEVERAGES
Sections:
5.15.010 Definitions.
5.15.020 License required to sell beer.
5.15.030 Classification of licenses.
5.15.040 License application.
5.15.050 License fees.
5.15.060 Issuance of license.
5.15.070 License expiration and renewal.
5.15.080 Restrictions.
5.15.090 Qualifications of the licensee.
5.15.100 Inspections.
5.15.010 Definitions.
“Alcoholic beverages” means and includes “beer” and “liquor” as the terms are defined herein.
“Beer” means all products that contain 63/100 of one percent of alcohol by volume or one-half of one percent by weight, but not more than four percent of alcohol by volume or three and one-fifth percent by weight, and are obtained by fermentation, infusion or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages and malt coolers.
“Liquor” means and includes alcohol or any alcoholic, spirituous, vinous, fermented malt, or other liquid or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks or drinkable liquids that contain more than one-half of one percent of alcohol by volume and is suitable to use for beverage purposes. Liquor does not include any beverage defined as beer that has an alcohol content of less than four percent by volume.
“Retailer” means any person or business engaged in the sale of alcoholic beverages to the consumer or to the public. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-1].
5.15.020 License required to sell beer.
It shall be unlawful for any person to engage in the business of the sale of alcoholic beverages in any form within the corporate limits of West Point City without first having procured a license therefor from the city. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with Utah law and the regulations of the Alcoholic Beverage Control Commission, the laws and ordinances of West Point City, and all rules and regulations of the Davis County health department relating to health matters. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-2].
5.15.030 Classification of licenses.
Retail licenses issued by the city shall be of the following classes and carry the following privileges:
A. A Class “A” retail beer license entitles the licensee to sell beer on the licensed premises only in original containers for consumption off the premises in accordance with the Alcoholic Beverage Control Act and all city ordinances.
B. A Class “B” retail beer license entitles the licensee to sell beer on the licensed premises on draft and in original containers for consumption on the premises in accordance with the Alcoholic Beverage Control Act and all city ordinances.
C. A liquor license, in conjunction with a valid license issued by the state of Utah according to state law, entitles the licensee to sell liquor as permitted in the state license. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-3].
5.15.040 License application.
A. All applications for licenses authorized by this chapter shall be verified and filed with the community development director of West Point City and shall state the applicant’s name in full, that the applicant has complied with the requirements and possesses the qualifications specified in the Utah Alcoholic Beverage Control Act, and if the applicant is a co-partner, the names and addresses of all partners, and if a corporation or limited liability company, the names and addresses of all officers and directors of the corporation or members of the limited liability company, and must be subscribed by the applicant who must state under oath that the facts stated therein are true.
B. The applicant for such license, together with such information as is required by the city to be attached thereto, shall be referred to the code enforcement officer for inspection and report. The code enforcement officer shall, within 10 business days after receiving such application, make report to the city council of the following:
1. The general reputation and character of the persons who habitually frequent the place;
2. The nature and kind of business conducted at such place by the applicant or by any other person, or by the applicant at any other place;
3. Whether alcoholic beverages are or have been served or permitted to be consumed in said place, or by said applicant at any other place;
4. Whether said business is, or has been, conducted in a lawful, quiet and orderly manner;
5. The nature and kind of entertainment, if any, at said place;
6. The proximity of the premises to any church, public school, public library, public playground, public building, or park. The code enforcement officer shall add to his report his recommendation as to granting or denying the application.
C. Upon receipt of the code enforcement officer’s report, the city council shall act upon the application as it shall deem necessary to protect the public health, safety, welfare and morals of the city.
D. Licenses may not be granted to sell beer within 600 feet of any church, public school, public library, public playground, or park as measured from the nearest entrance of the restaurant by following the shortest route of either ordinary pedestrian or, where applicable, vehicular travel along public thoroughfares, whichever is closer to the property boundary of the church, public school, public library, public playground, or park.
E. Each licensee must be over 21 years of age.
F. Each licensee shall not be delinquent in his financial obligations to the city. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-4].
5.15.050 License fees.
Fees for each class of license shall accompany all applications and shall be in the amount as designated from time to time by resolution of the city council. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-5].
5.15.060 Issuance of license.
A. The city council has the sole discretion to grant or refuse to grant a license under this chapter.
B. If the applicant has complied with all applicable laws, ordinances and regulations, the city council may direct the city recorder to issue a license to the applicant for the licensed premises.
C. The issuance of a license pursuant to this chapter shall grant only a revocable privilege as provided hereunder and under the laws of the state of Utah and shall not confer any vested rights of any kind or nature upon a licensee.
D. Any applicant whose application for a license has been denied may have a hearing before the city council regarding its decision to deny the license. No hearing will be held unless the applicant applies for the hearing within 10 days of the denial.
E. If the license application is denied by the city council, no new application shall be made for the premises until after the expiration of one year following the denial of the initial application. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-6].
5.15.070 License expiration and renewal.
A. All licenses shall expire on the thirty-first day of December of each year unless sooner canceled or revoked. No license shall be issued for a period longer than one year.
B. Licenses may be renewed by making application therefor and paying the appropriate fee. All applications to renew licenses shall be filed by the licensee with the city recorder at least 30 days, but no earlier than 90 days, prior to the expiration date of the license. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-7].
5.15.080 Restrictions.
A. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the Alcoholic Beverage Control Commission of Utah.
B. No licensee shall violate the terms of the license issued, nor unless so licensed shall the licensee sell alcoholic beverages for consumption on the premises, or permit any beer to be consumed on the premises, and it shall be unlawful to keep or maintain a nuisance as defined by this title.
C. An alcohol retailer may not purchase, acquire, possess for the purpose of resale, or sell any alcoholic beverage except that which has been lawfully purchased from a wholesaler licensed under the Alcoholic Beverage Control Act.
D. Beer may not be sold, provided, or possessed for off-premises consumption in containers larger than two liters.
E. A minor may not sell beer on the premises of an off-premises beer retailer except under the supervision of a person 21 years of age or older who is on the premises.
F. If malt beverage coolers or malt liquor is sold by an off-premises beer retailer, the off-premises beer retailer shall display a sign at the location on the premises where malt beverages or malt liquor is sold stating: “Many malt beverages contain alcohol. Please read the label.”
G. On-premises beer retailers shall comply with all the state of Utah beer retailer license provisions (Sections 32A-10-101 through 32A-10-206, Utah Code Annotated 1953).
H. It shall be unlawful for any person to consume alcoholic beverages in any public park, school, public playground or public building or at any activity or event sponsored by the city or to sell alcoholic beverages at any event or activity sponsored by the city. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-8].
5.15.090 Qualifications of the licensee.
No license shall be granted to any person or business to sell alcoholic beverages at retail unless he or she is over the age of 21 years. No license shall be issued to anyone who has been convicted of, pled guilty to, or failed to contest any felony or violation of any law or ordinance relating to intoxicating liquors. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-9].
5.15.100 Inspections.
All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the city, or the Alcoholic Beverage Control Commission of the State Board of Health. [Ord. 11-20-2007B § 2. 2000 Code § 16-3-10].