Chapter 5.15 LIQUOR LICENSES

“Beer retailer” means any business establishment engaged, primarily or incidentally, in the retail sale or distribution of beer to public patrons, whether for consumption on or off the establishment’s premises, and that is licensed to sell beer by the Utah Department of Alcoholic Beverage Services (DABS), by a local authority, or both.

“Beer retailer, on-premises” means any beer retailer engaged, primarily or incidentally, in the sale or distribution of beer to public patrons for consumption on the beer retailer’s premises. It includes taverns.

“Club” and “private club” means any nonprofit corporation operating as a social club, recreational, fraternal, or athletic association, or kindred association organized primarily for the benefit of its stockholders or members.

“Code enforcement officer” means any officer authorized by the city for the purpose of the enforcement of city ordinance violations, and includes authorized police officials and the license official (as defined in EMMC 5.05.010).

“Cork-finished wine” means a container of wine stopped by a cork and finished by foil, lead, or other substance by the manufacturer.

“General food store” means a business establishment primarily engaged in selling food and grocery supplies to public patrons for off-premises consumption.

“Guest” means a person accompanied by an active member or visitor of a club who enjoys only those privileges derived from the host for the duration of the visit to the club.

“Heavy beer” means all products which contain more than four percent alcohol by volume obtained by fermentation, infusion, or decoction or any malted grain. “Heavy beer” is considered liquor for the purpose of this chapter.

“Licensee” means any person issued a license by the city under this chapter including any license to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.

“Liquor” means the same as defined in Title 32B, Chapter 1, Utah Code Annotated 1953.

“Liquor license” includes any license or permit issued under this chapter.

“Local authority” means the city council of the city.

“Local consent” means a written document provided by the license official to the Utah Department of Alcoholic Beverage Services (“DABS”) indicating the city’s consent for the DABS to issue a specific type of beer or liquor license.

“Manufacture” means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

“Member” means a person, who after paying regular dues, has full privileges of a club under this chapter.

“Minor” means any person under the age of 21 years.

“Outlet” means a location other than a state store or package agency where alcoholic beverages are sold pursuant to a license issued by the local authority.

“Package” means any container, bottle, vessel, or other receptacle containing liquor.

“Person” has the meaning set forth in the definition in EMMC 5.05.010.

“Premises” means any building, enclosure, room, or equipment used in connection with the sale, storage, service, manufacture, distribution, or consumption of alcoholic products, unless otherwise defined in this chapter.

“Public building” means any building or permanent structure owned or leased by the state or a county or local government entity that is used for public education, transacting public business, or regularly conducting government activities. “Public building” does not mean or refer to any building owned by the state or a county or local government entity when the building is used by anyone, in whole or in part, for private proprietary functions.

“Public entrances and exits,” as used in this chapter, shall mean access points that are required to remain unlocked during business hours that are to be used by the general public, and does not include emergency or other exits or access points.

“Public place” means and refers to any of the following that are open to and generally used by the public:

1. Streets, roads, and alleys of incorporated cities and towns;

2. State or county highways or roads;

3. Buildings and grounds used for school purposes, and public dance halls and adjacent grounds;

4. Any place of public resort or amusement, unless otherwise defined in this chapter;

5. Lobbies, halls, and dining rooms of hotels, restaurants, theaters, stores, garages, and service stations;

6. Any public conveyance, and its depots and waiting rooms that are open to unrestricted use and access by the public;

7. Publicly owned bathing beaches, parks, or playgrounds; and

8. All other places that, under this chapter, have been declared to be a public place.

“Residence” means the principal place of abode within Utah of a person who has a present intention to continue residency within Utah permanently or indefinitely.

“Restaurant” means any business establishment where a variety of foods is prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public.

“Retailer” means any person engaged in the sale or distribution of alcoholic beverages to the consumer.

“Sell,” “sale,” and “to sell” means any transaction, exchange, or barter, for any consideration, by which an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this chapter.

“Tavern” means any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment’s premises, and that is licensed to sell beer under this chapter. “Taverns” includes beer bars, parlors, lounges, cabarets, and night clubs where the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in such establishments.

“Transaction,” as used in this chapter, means the particular portion of the exchange of legal tender for alcoholic beverages where the age of the purchaser is determined and the amount of the purchase is entered manually or mechanically on the licensee’s standard record-keeping device. Acts incidental to the transaction shall not be considered part of the transaction or be a sales transaction.

“Visitor” means a person holding limited privileges in a club by virtue of a visitor card purchased from the club and authorized by a sponsoring member of the club.

“Warehouser” means any person, other than a licensed manufacturer, engaged in the importation for sale, storage, or distribution of liquor regardless of the amount.

“Wholesaler” means any person, other than a licensed manufacturer, engaged in the importation for sale, or in the sale, of beer, malt liquor, or malted beverages, in wholesale quantities to retailers.

“Wine” means the same as defined in Title 32B, Chapter 1, Utah Code Annotated 1953. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.010)].

5.15.020 General restrictions on grants of licenses or permits.

A. In order to be qualified for the issuance of any license or permit under this chapter, the applicant must meet all the requirements of this title for a business license unless specifically provided otherwise in this chapter.

B. The city council or its designee may not grant a liquor license under this chapter where the applicant, any corporation or other person that in whole or in part manages the applicant or its licensed operations, or any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of the applicant, or any corporation or other person that manages the applicant, has been convicted of:

1. Felony under any federal or state law.

2. Any violation of federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages, or convicted of drunk driving within the three years prior to application.

3. Any crime of moral turpitude.

C. In the case of a person other than an individual, the offenses above or any other event (such as a license revocation) with respect to that person relevant for purposes of this chapter shall be deemed to have been committed by or occurred with respect to such person if such person itself or any partner, limited liability company member with management authority, managing agent, officer, director, or stockholder who holds at least 20 percent of the total issued and outstanding stock of any class of an applicant corporation or 20 percent of the voting, capital, or income interest of an applicant partnership, limited liability company, or other unincorporated business organization, has been convicted of any of any offense as provided in this chapter or has had occur with respect to him or her any event relevant for purposes of this chapter.

D. Upon the arrest of any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of a liquor licensee or of any corporation or other person that manages the liquor licensee, on any charge as set forth in this chapter, the city may take emergency action by immediately suspending the operation of the licensee for the period during which the criminal matter is being adjudicated.

E. If any such person is convicted of such an offense subsequent to the issuance of the license, the license shall be surrendered immediately. The licensee may request a hearing on the matter, in writing and within 10 days of a conviction by a trial court. Any such hearings shall be pursuant to the provisions of Article IX of Chapter 5.05 EMMC.

F. The city council or its designee may not grant a liquor license to any applicant where the applicant, any corporation or other person that manages the applicant, or any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of an applicant or of any corporation or other person that manages the applicant had any type of license, agency, or permit issued under this chapter revoked within the last three years.

G. Subsequent to the issuance of a particular license, any revocations of any type of license, agency, or permit issued under this chapter with respect to any person described in subsection F of this section shall disqualify the holder of the particular license issued. If any person or entity to whom a license has been issued under this chapter no longer possesses the qualifications required by this chapter for obtaining that license, the city may suspend or revoke that license.

H. If, during the term of the license after the license has been granted under this chapter, there shall be any change in the identity of any of the persons referred to in this section, the licensee shall forthwith report in writing any such changes to the license official. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.020)].

5.15.030 Restaurant liquor licenses.

A. Before any restaurant may sell or allow the consumption of beer or liquor on its premises, it shall first obtain a restaurant liquor license from the city and comply with all applicable state and city regulations. The city may issue restaurant liquor licenses for the purpose of establishing restaurant liquor outlets at places and in numbers it considers proper for the storage, sale, and consumption of liquor on premises operated as restaurants.

B. No restaurant liquor license shall be approved or issued by the city and no local consent shall be issued by the city to any establishment that does not comply with the location and distance requirements set forth in Title 32B, Chapter 1, Part 2, Alcoholic Beverage Control Act, Proximity to community location, Utah Code Annotated 1953, and within prescribed zones as set forth in EMMC Title 17. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.030)].

5.15.040 Additional requirements for restaurant liquor license.

A. Restaurants licensed to sell liquor may sell beer in open containers, in any size not exceeding two liters, and on draft for on-premises consumption without obtaining a separate on-premises beer retailer license from the city.

B. All liquor will be sold and stored in accordance with state law. [Ord. O-11-2024 § 2 (Exh. A); Ord. O-10-2003 § 1; Ord. 98-08 § 1 (Exh. 1 § 5.13.040)].

5.15.050 Restaurant application and renewal requirements.

A person seeking a restaurant liquor license, including a renewal, under this chapter shall file a written application with this city, in a form prescribed by the license official, and shall pay to the city the required liquor license fee set forth in the consolidated fee schedule, in addition to the other licenses and fees required by this title. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.050)].

5.15.060 Private clubs.

A. Before any private club may sell or allow the consumption of beer or liquor on its premises it shall first obtain a license from the city. The city council may issue a private club beer or liquor license to private clubs incorporated under the Utah Nonprofit Corporation and Cooperative Association Act, which desire to maintain premises upon which beer or alcoholic beverages may be stored, sold, served, and consumed. All such licenses shall be issued in the name of an officer or director of the club or association.

B. No private club license shall be approved or issued by the city and no local consent shall be issued by the city to any establishment that does not comply with the location and distance requirements set forth in Title 32B, Chapter 1, Part 2, Alcoholic Beverage Control Act, Proximity to community location, Utah Code Annotated 1953, and within prescribed zones as set forth in EMMC Title 17, Zoning.

C. If a liquor license is obtained, an on-premises beer retailer license will not be required.

D. A beer-consumption-only club shall obtain an on-premises beer retailer license. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.060)].

5.15.070 Additional qualifications for private club license.

All beer and liquor will be sold and stored in accordance with state law. Alcoholic beverage sales and storage shall be closed from 1:00 a.m. until 10:00 a.m. [Ord. O-11-2024 § 2 (Exh. A); Ord. O-10-2003 § 2; Ord. 98-08 § 1 (Exh. 1 § 5.13.070)].

5.15.080 Club application and renewal requirements.

A person seeking a private club beer or liquor license under this chapter shall file a written application with the city in the name of an officer or director of a corporation in a form prescribed by the license official, and shall pay to the city the required liquor license fee set forth in the consolidated fee schedule, in addition to the other licenses and fees required by this title. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.080)].

5.15.090 Beer retailer license.

A. Off-Premises License. An off-premises beer retailer license may be issued to allow the licensee to sell beer on the licensed premises in original containers for consumption off the premises only, in accordance with state law and city ordinances.

1. Beer may not be sold, provided, or possessed for off-premises consumption in containers larger than two liters. If malt beverage coolers or malt liquor is sold by a beer retailer for off-premises consumption, the 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.”

2. All employees involved in the transaction of off-premises retail beer sales will be required to possess and display a beer handler’s permit while on duty.

3. Those businesses possessing a beer retailer license that are open 24 hours a day shall have all public entrances and exits and the transaction or cashier area monitored by video camera and recorder from the hours of 11:00 p.m. to 5:00 a.m. Such cameras shall be programmed in such a manner that the date and time shall appear on the video recording when being viewed through a monitor. The video recordings will be maintained by the business for a period of not less than seven days from the day the recording ends. The video recording will be made available to the city for review and auditing purposes upon 24 hours’ notice, absent exigent circumstances requiring less notice or no notice.

4. Hour restrictions will not apply to off-premises retail beer licenses.

5. Any licensee may submit plans or proposals to the chief of police or designee to verify compliance with the intent of this section. The objective of the review is to verify that people may be reasonably identifiable through the camera based on location, direction, and distance between the camera and the monitored area. Any approval obtained through such a review does not, however, of itself establish compliance with the provisions of this section.

B. On-Premises License. A beer retailer on-premises license may be issued to a tavern, bar, cabaret, pub, cocktail lounge, or similar establishment, to allow the licensee to sell beer for consumption on the premises in accordance with state law and city ordinances. An on-premises license shall be issued to an applicant engaged in good faith in the business of dispensing and selling beer at retail, in the original containers or in draft, over a bar in these establishments.

1. On-premises beer retailers may sell beer in open containers, in any size not exceeding two liters, and on draft. Liquor may not be stored or sold on the premises.

2. On-premises beer retailers can only sell beer between the hours of 10:00 a.m. and 1:00 a.m.

C. No beer retailer on-premises license shall be approved or issued by the city and no local consent shall be issued by the city to any establishment that does not comply with the location and distance requirements set forth in Title 32B, Chapter 1, Part 2, Alcoholic Beverage Control Act, Proximity to community location, Utah Code Annotated 1953, and within prescribed zones as set forth in EMMC Title 17, Zoning.

D. All beer retailers must sell and store beer in accordance with state law. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.090)].

5.15.100 Beer retailer application and renewal requirements.

A person seeking a beer retailer license under this chapter shall file a written application with this city, in a form prescribed by the license, and shall pay to the city the required liquor license fee set forth in the consolidated fee schedule, in addition to the other licenses and fees required by this title. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.100)].

5.15.110 Package stores.

A. Package stores shall only be allowed within the city in compliance with state law and in compliance with the city’s zoning ordinances.

B. No package store shall be approved or issued by the city and no local consent shall be issued by the city to any establishment that does not comply with the location and distance requirements set forth in Title 32B, Chapter 1, Part 2, Alcoholic Beverage Control Act, Proximity to community location, Utah Code Annotated 1953, and within prescribed zones as set forth in EMMC Title 17, Zoning. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.110)].

5.15.120 Qualification of employees.

A. Other than as provided in EMMC 5.15.270, any person employed by any licensee under this chapter for work involving the transaction, sale, serving, or dispensing of alcoholic beverages on or about the licensed premises, whether as manager, agent or servant, shall be 21 years of age or older, and shall be legally able to work in the United States.

B. No one shall be employed who has been convicted of a felony within five years prior to employment or who has not secured a judicial pardon and expungement of the record of any felony conviction entered prior to such five-year period, or who has within three years prior been convicted of any violation of any law or ordinance involving moral turpitude, controlled substances, or relating to alcoholic beverages, driving charges involving alcohol or drugs, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited bail on any such charge.

C. All licensee employers are required to inform the chief of police of any employees, possessing a beer handler’s permit, whose employment is terminated for conduct that would be punishable under the statutes or ordinances regulating alcoholic beverages, regardless of whether the conduct is reported to the police for prosecution. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.120)].

5.15.130 Cessation of business.

A. A licensee under this chapter may not close or cease operation for a period longer than 240 hours, unless written notice is given to the license official at least seven days before the closing, and the closure or cessation of operation is first approved by the license official.

B. In the case of emergency closure, immediate notice of closure shall be made to the license official by telephone.

C. The license official may authorize a closure or cessation of operation for a period not to exceed 60 days. The license official may extend the initial period an additional 30 days upon written request of the licensee and upon a showing of good cause. A closure or cessation of operation may not exceed a total of 90 days.

D. Any notice shall include the dates of closure or cessation of operation, the reason for the closure or cessation of operation, and the date on which the licensee will reopen or resume operation.

E. Failure of the licensee to provide notice and to obtain authorization prior to closure or cessation of operation shall result in an automatic forfeiture of the license and the forfeiture of the unused portion of the license fee for the remainder of the license term.

F. Failure of the licensee to reopen or resume operation by the approved date shall result in an automatic forfeiture of the license and the forfeiture of the unused portion of the license fee for the remainder of the license term. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.130)].

5.15.140 Investigation by police, health, and fire departments.

A. Every application for an on-premises beer license or a private club license, together with any information required to be attached to it, shall be referred to the chief of police for inspection and report. An application for any other license under this chapter may be similarly referred to the chief of police in the discretion of the license official or the city council. The chief of police shall, within 10 days after receiving such application, report in writing to the city council: the general reputation of the applicant; the character of the premises and of the persons who habitually frequent the premises; the nature and kind of business conducted at such place; whether intoxicating liquors are or have been served or permitted to be drunk in the place; whether the place is or has been conducted in a lawful, quiet, and orderly manner; the nature and kind of entertainment, if any, at the place; whether gambling is or has been permitted, or gambling devices are or have been displayed upon the premises or by the applicant at any other place; and whether there is any ground to believe any statement made in the application is untrue. The chief of police shall add such further information as he believes to be pertinent. The chief of police shall add to the report in writing his or her recommendation as to the granting or denying of such application.

B. The application for any license under this chapter may, in addition to any other investigation, be referred to the health department. If such a referral is made, the health department shall make an investigation and inspection of the proposed licensed premises and shall report in writing to the city council whether the premises to be licensed are in a sanitary condition and whether the equipment used in the storage, handling, and distribution or sale of liquor, beer and other beverages and food, if any, comply with all city and state health regulations.

C. The application for any license under this chapter shall also be referred immediately to the fire chief for inspection and report. Within 10 days, he or she shall report in writing to the city council whether the proposed licensed premises comply with all applicable laws, ordinances, and regulations relating to safety in the event of fire or panic, and whether the premises are reasonably safe for the use applicable to the type of license applied for. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.140)].

5.15.150 Issuance of licenses – Renewal – Display.

A. Upon receipt of the required or requested reports from the chief of police, the fire chief, and the health department, and upon review of those reports and a determination by the license official that the applicant has complied with all applicable laws, ordinances, and regulations, the license official may be directed by city council or its designee to issue a license or renewal to the applicant for the retail sale of beer or liquor upon the licensed premises.

B. A renewal application will only be reviewed if it is for the same applicant and location as the previous license and for the year immediately following a licensed year. Otherwise, an initial application is required.

C. Every license issued under this chapter shall be posted and prominently displayed upon the licensed premises.

D. Licenses issued under this chapter shall not be transferable. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.150)].

5.15.160 Unlawful conduct.

In this chapter, the phrase “it is unlawful” is used to designate a criminal violation. Unless otherwise provided, such a violation shall be a Class B misdemeanor. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.160)].

5.15.170 Prohibited to sell to intoxicated person.

It is unlawful to sell any alcoholic beverage to any person intoxicated or under the influence of any alcoholic beverage. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.170)].

5.15.180 Protection of minors.

A. It is unlawful to sell any alcoholic beverage to any person under the age of 21 years and anyone doing so is strictly liable and guilty of a Class B misdemeanor.

B. It is unlawful for any licensee, agent, or employee of an on-premises license to permit any person under the age of 21 years to be in, to loiter about, or to frequent the licensed premises, except with regards to bowling alleys and golf courses where a minor is legitimately involved in recreational activities. If a minor is legitimately on the premises of a bowling alley or golf course, the licensee, agent, or employee shall not allow the minor to possess or consume any alcoholic beverages.

C. It is unlawful for any licensee under this chapter to employ or to permit any person under the age of 21 years to transact the sale of, serve, dispense, or handle alcoholic beverages, subject, however, to the following exceptions:

1. A licensee holding a restaurant license may employ persons 18 years of age through 20 years of age to serve alcoholic beverages provided they are under the supervision of a person at least 21 years of age who is on the premises.

2. A licensee holding an off-premises license may employ persons 18 years of age through 20 years of age to transact the sale of or handle beer in its sealed original containers provided they are under the supervision of a person at least 21 years of age who is on the premises.

3. An off-premises licensee may also employ persons 16 years of age through 17 years of age for the handling of beer, exclusive of transactions, in its sealed original containers provided they are under the supervision of a person at least 21 years of age who is on the premises. The permitted activities for such persons under 18 years of age are limited to the locating, relocating or transporting of beer upon the premises.

D. It is unlawful for any person having charge or custody of any minor to take the minor into, or to suffer the minor to enter, be in, loiter about, or to frequent, any beer tavern or any premises for which an on-premises license has been issued except that minors will be allowed in bowling alleys and on golf courses for the purpose of recreation.

E. It is unlawful for any person under the age of 21 years to enter, to be in, to loiter about, or to frequent a beer tavern, or any premises for which an on-premises license has been issued except that minors will be allowed in bowling alleys and on golf courses for the purpose of recreation.

F. It is unlawful for any minor to possess, consume, or possess by consumption an alcoholic beverage. A violation of this section is a Class B misdemeanor. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.180)].

5.15.190 Entering premises violating state and city laws.

It is unlawful for any person to visit, to loiter about, to frequent, or to resort to any house, building, room, or premises where any alcoholic beverages are kept, stored, sold, bartered, offered, or exposed for sale in violation of state law or city ordinances. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.190)].

5.15.200 Repealed.

Repealed by Ord. O-10-2003. [Ord. 98-08 § 1 (Exh. 1 § 5.13.200)].

5.15.210 Advertising requirements.

It is unlawful for any person to advertise the sale of beer not in accordance with state law. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.210)].

5.15.220 Consumption on off-premises license.

It is unlawful for any licensee with an off-premises license to suffer or allow any person to consume any alcoholic beverage upon such premises. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.220)].

5.15.230 Illumination of premises.

It is unlawful for any licensee to fail to keep all parts of the licensed premises, to which customers have any access, illuminated with a minimum illumination of three foot-candles at all times it is occupied or open for business. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.230)].

5.15.240 Screening of private clubs and on-premises license.

It is unlawful for any licensee of a private club or on-premises establishment to keep the licensed premises, or arrange any booth, stall, furniture, fixture, screens, or curtains, so as to impede a full view of the premises and all of the occupants in it from the main floor entrance. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.240)].

5.15.250 Nuisances on licensed premises.

It is unlawful for any person to commit, keep or maintain a nuisance upon any licensed premises. It is unlawful for any person to suffer a nuisance to be maintained upon a licensed premises, owned, occupied, operated, or controlled by him or her or which may be in his or her charge. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.250)].

5.15.260 Beer acquired from brewer or wholesaler.

It is unlawful for any licensee to purchase or acquire or to have or possess, or to suffer to be kept upon the license premises, any beer except that lawfully acquired from a brewer or wholesaler licensed under the provisions of state law. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.260)].

5.15.270 On-premises employee.

It is unlawful for any on-premises licensee to employ or to suffer to work at the licensed premises any person who does not meet the requirements of such employment. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.270)].

5.15.280 Gambling devices in licensed premises.

It is unlawful for any licensee to have, possess, store, or display upon the licensed premises any gambling device or tickets for any purpose. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.280)].

5.15.290 Restrictions on brewer, jobber, and wholesaler.

No brewer, jobber, or beer wholesaler shall directly or indirectly supply, give, or pay for any furniture, furnishings or fixtures of a retailer of beer, nor shall any brewer, beer dealer, or beer wholesaler advance, furnish money, or pay for any license fee for such a retailer or be financially interested whether directly or indirectly in the conduct or operation of the business of any such retailer, or lend money, or grant more than 40 days trade credit to any such retailer. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.290)].

5.15.300 Premises’ accessibility to police officer.

It is unlawful for any door or other means of ingress to or egress from any licensed premises to be locked or barred or barricaded in any way so as to interfere with the free entrance to the licensed premises by any police officer at any time while the premises are occupied or open to the public. All doors or other means of entrance to licensed premises during the time the premises are occupied or open to the public shall be left unlocked or unfastened so that any police officer may enter without any hindrance or delay; provided, however, that there may be maintained upon the premises a locked storeroom for the keeping of goods and supplies used in the business. Such storerooms shall at all times be subject to search and inspection by any police officer upon compliance with procedural requirements. It is unlawful for any licensee to deny any peace officer immediate access to the storeroom for search or inspection upon lawful demand made for such access. It is unlawful for any licensee to suffer any person, except a bona fide employee of the licensee or a peace officer, to enter or remain in the storeroom. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.300)].

5.15.310 Warning of approach of police.

It is unlawful for any person commonly known as a “lookout” to be stationed or maintained to give warning of the approach of any police officer to the licensed premises. It is unlawful to maintain or operate any electrical or other device which is used or capable of being used to give warning to persons within any such licensed premises of the approach of any police officer. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.310)].

5.15.320 Disorderly conduct on premises.

It is unlawful for any licensee to suffer or allow any disorderly conduct to be committed, or to suffer or allow any disorderly person to be or remain, upon any licensed premises. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.320)].

5.15.330 Lewd conduct on premises – Solicitation for immoral purposes.

A. Licensees under this chapter, whose license permits the consumption of alcoholic beverages on premises, shall not allow any conduct by any person on the premises that is proscribed by state law. Further, the licensee shall not allow the fondling of human genitals, pubic region, buttocks, or female breasts, nor allow the ultimate sex act, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy, masturbation, excretion functions, nor allow any showing of any visual reproductions showing these things. Further, the licensee shall not allow any person to expose, or be dressed in a manner so as to expose to the view of others, the human genitals, pubic regions, buttocks, the female breasts, at the point immediately above the top of the areola to the bottom of the breast, the human male genitals in a discernibly turgid state, even if completely and opaquely covered, nor allow any visual reproductions showing these things.

B. It is unlawful for any person to solicit any other person upon any licensed premises for illicit sexual intercourse or other immoral purpose, or to be upon such premises for the purpose of such solicitation.

C. It is unlawful for any licensee to suffer or allow any violation upon the licensed premises of subsection B of this section. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.330)].

5.15.340 Begging drinks on premises.

It is unlawful for any person upon any public street or upon any licensed premises to beg or solicit a gift of any alcoholic beverage. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.340)].

5.15.350 Sale during license revocation or suspension.

It is unlawful for any person to sell alcoholic beverages after the revocation of any license issued to him or her, or during a period of suspension of such license. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.350)].

5.15.360 Licensee responsibility.

It is unlawful for any licensee under this chapter to fail to maintain full control of the conduct of the business upon the licensed premises, or to fail to inform himself or herself of the manner in which the business is conducted and of the activities of his or her agents, servants, and employees in and about the licensed premises. By accepting a license under this chapter, the licensee is responsible to ensure the city that neither he or she nor his or her agents, servants, or employees will violate the terms of this chapter upon the licensed premises, and for breach of such responsibility the license may be revoked. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.360)].

5.15.370 Search of licensed premises.

Every licensee, by accepting a license issued under the provisions of this chapter, irrevocably consents that any city peace officer, upon compliance with procedural requirements, may at any time during the effective period of the license freely enter and inspect and search the licensed premises for any alcoholic beverage or for any other goods or chattels illegally possessed or kept on the licensed premises, or for evidence of any alleged crime under investigation by such police officer, and further consents to the seizure of any such alcoholic beverage, goods, chattels, or evidence which may be found upon such a search. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.370)].

5.15.380 Penalty for violation.

A. General Provision. A violation of any provision of this chapter shall be a Class B misdemeanor, unless otherwise established by state law.

B. Enhancement for Licensees. This subsection B applies to any conviction of Class B misdemeanors, or of more serious classifications of offenses, under this chapter or similar state or county laws.

1. It is specifically provided, that in case of a licensee’s second conviction, within a 24-month period, the minimum penalty prescribed shall be not less than $300.00, and in case of a licensee’s third or subsequent conviction under this chapter within a 24-month period, the minimum penalty shall be not less than $600.00. For the purposes of this chapter, the forfeiture of bail on a charge is deemed a prior conviction. This does not preclude the enforcement of any civil or administrative penalties applicable to such violations.

2. A licensee can reduce the time periods from 24 months to 12 months used to calculate second or subsequent convictions by implementing and conducting regular training for those employees involved in the transactions of alcoholic beverages. The training must be in the proper sales and handling of alcoholic beverages and must be in addition to the training set forth in this chapter. The licensee must maintain a record of the subject matter of the training, the length of the training, and those in attendance. To qualify for the time period reduction, training sessions must occur once each six months, last a minimum of 50 minutes each, with 90 percent attendance by employees, and with no employee missing two consecutive sessions.

C. Civil Penalties for Permittees. Violations of this chapter by a holder of a beer handler’s permit shall result in the following administrative sanctions in addition to any criminal penalties assessed:

1. First violation, 14-day suspension of permit;

2. Second violation within a 24-month period, six-month suspension of permit;

3. Third violation within a 48-month period, one-year suspension of permit; and

4. Fourth violation within a 48-month period, permanent revocation of permit.

D. Any time period during which a permit is suspended shall be excluded when calculating the time period in determining the applicable enhancing civil penalty.

E. For purposes of this chapter, a violation can be found either as the result of a criminal conviction, or as the result of an administrative hearing under the licensing provisions of this title. [Ord. O-11-2024 § 2 (Exh. A); Ord. 98-08 § 1 (Exh. 1 § 5.13.380)].