Chapter 5.10
ALCOHOLIC BEVERAGES
Sections:
5.10.060 Condition of premises.
5.10.070 License nontransferable.
5.10.090 Selling beer prohibited.
5.10.100 Age restriction – Sale.
5.10.110 Age restriction – Possession.
5.10.130 Underage persons on premises.
5.10.140 Employment restrictions.
5.10.170 Violation, penalty – Wholesale or retail sale without license.
5.10.180 Violation, penalty – Generally.
5.10.190 Alcohol training and education seminar.
5.10.010 License required.
A. It shall be unlawful for any person to engage in the business of a wholesaler or retailer of beer within the boundary of the town of Manila without first making application for and obtaining a license from the town for such business. Such application shall be in writing and shall show the following:
1. The name and address of the person desiring a license. If the applicant is a copartnership, the name and address of the partners, and if a corporation, the names and addresses of all the officers and directors.
2. The class of license desired.
3. The place and location where such business is to be carried on.
4. Such other facts and information as may be required by ordinance, the statutes of the state of Utah or the county commission.
B. Each application for a license shall be accompanied by the license fee required to be paid for the issuance of the license for the class of license applied for. [Ord. 5-8-86A § 1; Ord. 8-25-69 § 1.]
5.10.020 Definition.
The word “beer,” as used in this chapter, means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops and other ingredients in drinkable water and containing in excess of one-half of one percent of alcohol by volume and not more than 3.2 percent of alcohol by weight. [Ord. 5-8-86A § 2; Ord. 8-25-69 § 2.]
5.10.030 License class.
A. Licenses issued hereunder shall be of the following kinds and shall have the following privileges:
1. Class “A” retail license entitles the licensee to sell beer in the original bottles or cans having the label of the maker thereon for consumption off the premises.
2. Class “B” retail license entitles the licensee to sell beer on draft and in original bottles or cans for consumption on or off the premises and to all the privileges granted to holders of a Class “A” retail license.
3. Class “C” retail license entitles the licensee to sell beer at special events held within Manila Town and shall be granted only upon application by the organization sponsoring such special event.
B. Wholesale license entitles the licensee to sell both bottled and keg beer to licensed retailers for resale, but shall not entitle the licensee to any of the other privileges of Class “A,” Class “B” or Class “C” retail license. [Ord. 5-8-86A § 3; Ord. 8-25-69 § 3.]
5.10.040 Compliance.
Applicants for a license and those licensed to engage in the business of a retailer or wholesaler of beer within the town of Manila shall comply with all state laws and the regulations of the Liquor Control Commission of Utah. [Ord. 5-8-86A § 4; Ord. 8-25-69 § 4.]
5.10.050 Issuance conditions.
No license shall be issued to any person except a citizen of the United States of good moral character, over the age of 21 years, who has not been convicted of any felony and who has not been convicted of any violation of any state law or town ordinance of the town of Manila prohibiting or regulating the traffic in intoxicating liquor or beer; provided, that a license may be issued to a partnership or corporation if the members of said partnership or the officers and directors of such corporation, as the case may be, are of good moral character and none of them have been convicted of any violation of any law of the state of Utah, or town ordinance of the town of Manila, prohibiting or regulating the traffic in intoxicating liquors or beer. [Ord. 5-8-86A § 5.]
5.10.060 Condition of premises.
Before a license is issued for the consumption of beer on the premises, the applicant must first show that the premises are in a sanitary condition and that he has complied with all regulations of the State Board of Health relating to the dispensing of beer. [Ord. 5-8-86A § 6; Ord. 8-25-69 § 5.]
5.10.070 License nontransferable.
Any license issued pursuant to this chapter shall be available only to the person, copartnership or corporation specified therein and only for the premises described in said license, and shall not be transferable to any other person, copartnership or corporation or any other premises. [Ord. 5-8-86A § 7; Ord. 8-25-69 § 6.]
5.10.080 Fees.
A. The license fees for the retailing or wholesaling of beer shall be as follows:
1. For Class “A” retail license, for one year or any part thereof: $125.00.
2. For Class “B” retail license, for one year or any part thereof: $150.00.
3. For Class “C” retail license for special events: the fee shall be fixed at the time such license is granted by the Manila town council.
B. For wholesale license, for one year or any part thereof: $10.00. [Ord. 5-8-86A § 8; Ord. 8-25-69 § 7.]
5.10.090 Selling beer prohibited.
No person shall sell, dispense, furnish or give beer to any person who appears to be intoxicated or under the influence of intoxicating liquor. [Ord. 5-8-86A § 9; Ord. 8-25-69 § 8.]
5.10.100 Age restriction – Sale.
It shall be unlawful to sell beer to any person under the age of 21 years. [Ord. 5-8-86A § 10; Ord. 8-25-69 § 9.]
5.10.110 Age restriction – Possession.
It shall be unlawful for any person under the age of 21 years to buy, consume, accept, or have in his or her possession any beer, liquor, or alcoholic beverage. [Ord. 5-8-86A § 11.]
5.10.120 Inspection.
All licensed premises shall be subject to inspection by any peace officer of Daggett County, by any member of the Manila town council, by any peace officer of the state of Utah, or the Daggett County health officer or State Board of Health, during the hours when the said premises are open for the transaction of business.
Each license shall be displayed in a conspicuous place on the premises at all times. [Ord. 5-8-86A § 12; Ord. 8-25-69 § 10.]
5.10.130 Underage persons on premises.
It shall be unlawful for any person holding a Class “B” license, under the provisions of this chapter, or the agent, manager or representative of such licensee, to permit or allow any person under the age of 21 years to enter, visit, frequent or remain in, or for any person under the age of 21 years to enter, visit, frequent or remain in any room where beer is the main product being sold or dispensed under the provisions of this chapter. [Ord. 5-8-86A § 13; Ord. 8-25-69 § 11.]
5.10.140 Employment restrictions.
No licensee holding a Class “B” license hereunder and operating an establishment where beer is the main product being sold shall knowingly employ, in connection with his business in any capacity whatever, any person under the age of 21 years, or any person who has been convicted of a felony or who, since January 2, 1934, has been found guilty of the violation of any law of the state of Utah or any ordinance relating to the traffic in intoxicating liquor. [Ord. 5-8-86A § 14; Ord. 8-25-69 § 12.]
5.10.150 Hours of sale.
No person shall sell, dispense, furnish or give beer to any person between the hours of 2:00 a.m. and 5:00 a.m. of any day. [Ord. 5-8-86A § 15; Ord. 8-25-69 § 13.]
5.10.160 License revocation.
The Manila town council may, with or without hearing, at its discretion, refuse to grant any beer license applied for and may revoke any beer license issued at any time if any applicant or licensee shall not possess or shall cease to possess all of the qualifications required by the Liquor Control Act of Utah or fails to comply with the ordinances of Manila Town, or if, in the opinion of the council, such revocation is necessary for the protection of public health, peace or morals, and in no such case need any cause be given. It shall be unlawful for any person to engage in the sale of beer after revocation of his license until he may again qualify, as provided herein, to engage in the sale thereof. [Ord. 5-8-86A § 16; Ord. 8-25-69 § 14.]
5.10.170 Violation, penalty – Wholesale or retail sale without license.
Any person who shall engage in the business of a wholesaler or retailer of beer within the boundaries of Manila Town without having appropriate license therefor from the Liquor Control Commission of Utah, or whose license, issued by the said council of Manila Town, has been revoked, suspended or cancelled, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $299.00 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. [Ord. 5-8-86A § 17; Ord. 8-25-69 § 15.]
5.10.180 Violation, penalty – Generally.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $299.00, or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. [Ord. 5-8-86A § 18; Ord. 8-25-69 § 16.]
5.10.190 Alcohol training and education seminar.
A. Beginning July 1, 1987, no person shall be granted a license to operate or maintain a trade, profession or calling, the transaction or carrying on of which requires a license, within Manila Town, within Daggett County, if such person operates an establishment which as part of its business serves alcoholic beverages, as defined in Section 3A-1-5(1), Utah Code Annotated 1953, to the public for consumption on the premises, unless that person shall show by certificate(s) granted by the Utah Department of Alcoholic Beverage Control, or by adequate proof of the existence of such certificate(s), that each employee of the business engaging in the serving, selling or furnishing of such alcohol on the premises has completed the alcohol training and education seminar, as required in Section 32A-17-3(1), Utah Code Annotated 1953.
B. Every new employee, hired after the licensee has been licensed in compliance with subsection A of this section, who is required to complete this seminar shall complete the seminar within six months of commencing employment. Violation of this section will result in revocation of the license granted under subsection A of this section, unless compliance with this section is completed within two months of the time that licensee first became aware that such violation occurred. [Ord. 1-8-87.]