Chapter 5.10 BEER SALES

The words and phrases used in this chapter shall have the meanings specified in the Utah Alcoholic Beverage Control Act Title 32B and including Sections 32B-5-101 et seq., 32B-7-101 et seq. and 32B-13-201 et seq., Utah Code Annotated 1953, unless a different meaning is clearly evident. [Ord. 22-247 § 1, 2022.]

5.10.020 Licenses.

Licenses issued hereunder shall be of the following kinds and shall carry the following privileges:

(1) Class “A” Off-Premises Retail License. Class “A” retail licenses issued hereunder shall entitle the licensee to sell beer on the premises in original containers not exceeding two liters for consumption off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality. A class “A” license applicant shall obtain an off-premises beer retailer license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Sections 32B-5-101 et seq. and 32B-7-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “A” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

(2) Class “B” Restaurant Beer License. A class “B” beer license shall entitle the licensee to sell beer for consumption on the premises of a restaurant described in the license. Only bona fide restaurants where a variety of hot food is prepared and cooked and complete meals are served to the general public, in connection with indoor dining accommodations, and at which food sales constitute at least 60 percent of the gross money receipts of the licensee’s restaurant business shall be entitled to a class “B” license. Neither dancing, billiards nor bowling shall be permitted on the premises for which a class “B” license has been issued.

A class “B” license applicant shall obtain an on-premises beer retailer license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-6-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “B” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

Minors shall not be employed to sell or dispense beer on a premises with a class “B” license. Servers must be 21 years of age or older and wear an identification badge as set forth in this chapter.

No person may bring nor shall any person be allowed to bring into the premises any alcoholic beverage for consumption on the premises.

(3) Class “C” Bar Entertainment. A class “C” retail license shall entitle the licensee to sell beer on draft for consumption on the premises or in original containers not larger than two liters for consumption on or off the premises. A class “C” license shall be required for all premises where the primary or main business is that of selling beer for consumption on the licensed premises. Such premises shall include taverns, beer bars, parlors, lounges, cabarets and night clubs where the revenue for the sale of beer exceeds the revenue for the sale of food, although food is not required to be sold in such establishments.

A class “C” license applicant shall obtain a bar establishment license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-6-401 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “C” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

No person under age 21 shall enter or be allowed to be on or about any premises licensed as a class “C” establishment.

No person may bring nor shall any person be allowed to bring into the premises any alcoholic beverage for consumption on the premises.

(4) Class “D” Wholesale License. A class “D” wholesale license entitles the licensee to sell both bottled and kegged beer to retailers for resale, but shall not entitle the licensee to any of the other privileges of any other class of license. A class “D” wholesale license applicant shall obtain a beer wholesaling license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-13-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “D” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

(5) Class “E” License Event Permit. A class “E” license shall entitle the licensee to sell beer in original containers not to exceed two liters for consumption on the premises on terms and conditions to be approved by the city and in accordance with Section 32B-9-101 et seq, Utah Code Annotated 1953, including single event permits and temporary beer event permits. In addition to other applicable provisions of this chapter, an application for an event permit/class “E” license shall include the following:

(a) A nonrefundable application fee;

(b) The name, address and telephone number of the applicant and the location of the premises for which a class “E” license is requested;

(c) A statement describing the time, date, location, nature and purpose of the special event for which a permit is requested;

(d) A diagram showing the location of the premises at which beer will be sold and a diagram of the entire premises, including seating areas for patrons.

The event permit shall be valid for one event only. The application therefor shall not be issued earlier than 60 days before the event, nor later than 10 days before the event commencement date.

An event permit, if issued, may contain conditions and limitations imposed by the city council. It shall be unlawful to violate a condition or limitation of a special event permit.

A class “E” event license applicant shall obtain the applicable single event permit or temporary beer event permit from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-9-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “E” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

(6) Class “F” Liquor Sales or Consumption License. A liquor sales and/or consumption license shall be required for any business or entity that sells to or allows customers, members, guests or others upon the premises to consume liquor. Any person or entity desiring to sell or allow the consumption of liquor at the business or premises shall first obtain the applicable license from the Utah Department of Alcoholic Beverage Services.

A class “F” liquor license applicant shall obtain the applicable permit from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-1-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “F” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the State license and completed the application for the city license within that time.

(7) Class “G” Special Use Licenses. A class “G” special use license for those categories of uses defined in Section 32B-10-101 et seq., Utah Code Annotated 1953. May be issued in accordance with state law and the terms and provisions of this chapter. A class “G” applicant shall obtain a special use permit from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-10-101 et seq., Utah Code Annotated 1953). Upon compliance with all other provisions, except receipt of the state license, of this chapter, the consent of the local authority required by state statute may be granted by the city council or its designee prior to finalizing the class “G” license. License shall expire 65 days after issuance unless the applicant has presented the applicable state license and completed the application for the city license within that time.

The applicant shall pay a license fee in the amount set forth in the schedule in this chapter or as established by resolution of the city council.

The licensee must comply with all requirements established for the type of permit obtained set forth in state code and in this chapter and any other applicable ordinance of Naples City.

(8) Class “H” Hotel License. A class “H” hotel license for the uses identified in Section 32B-8b-101 et seq., Utah Code Annotated 1953, may be issued in accordance with state law and the terms and provisions of this chapter. A class “H” applicant shall obtain a hotel license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-8b-101 et seq., Utah Code Annotated 1953) upon compliance with all other provisions, except receipt of the state license, of this chapter, the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “H” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

The applicant shall pay a license fee in the amount set forth in the schedule in this chapter or as established by resolution of the city council.

The licensee must comply with all requirements established for the type of permit obtained set forth in state code and in this chapter and any other applicable ordinance of Naples City.

(9) Class “I” Resort License. A class “I” resort license for the uses and under the terms and conditions identified in Section 32B-8-101 et seq., Utah Code Annotated 1953, may be issued upon compliance with the terms and conditions set forth in state code and of this chapter. A class “I” applicant shall obtain a resort license from the Utah Department of Alcoholic Beverage Services and comply with all provisions thereof. (See Section 32B-8-101 et seq., Utah Code Annotated 1953). Upon proof of compliance with all other provisions, except receipt of the state license, the “consent of the local authority” required by state statute may be granted by the city council or its designee prior to finalizing the class “I” license. The “consent” shall expire 65 days after issuance unless the applicant has presented the state license and completed the application for the city license within that time.

The applicant shall pay a license fee in the amount set forth in the schedule in this chapter or as established by resolution of the city council.

The licensee must comply with all requirements established for the type of permit obtained set forth in state code and in this chapter and any other applicable ordinance of Naples City. [Ord. 22-247 § 2, 2022.]

5.10.030 Unlawful sales.

It shall be unlawful for any person or entity to sell or offer for sale, including exchange or barter, beer or any alcoholic beverage in Naples City without first having obtained a license therefor and possessing a current valid license therefor and without complying with this code and the Utah Alcoholic Beverage Control Act. [Ord. 22-247 § 3, 2022.]

5.10.040 Beer license fees.

In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on each business location used for the sale or dispensing of beer the following annual license fees:

Class “A” off-premises retail license	$250.00 for the initial license and $200.00 per renewal
Class “B” restaurant beer license	$300.00
Class “C” bar entertainment	$300.00 for the initial license and $300.00 per renewal
Class “D” wholesale license	$350.00 for the initial license and $350.00 per renewal
Class “E” license/special event permit	$_________
Seasonal licenses	$250.00
Class “F” consumption license	$_________
Class “G” special use license	$_________
Class “H” hotel license	$_________
Class “I” resort license	$_________

[Ord. 22-247 § 4, 2022.]

5.10.050 License fees to accompany application.

Applications provided for in this chapter shall be accompanied by the fees provided in this chapter. The fee shall be returned to the applicant if the application is denied. [Ord. 22-247 § 5, 2022.]

5.10.060 Purchase of beer for resale.

It is a class B misdemeanor for any person to purchase, acquire, have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Alcoholic Beverage Control Act. [Ord. 22-247 § 6, 2022.]

5.10.070 Application for license.

Applicants for permits and licenses under this chapter shall file a sworn application in writing signed by the applicant, if an individual, by all partners, if a partnership, and by the president if a corporation or managing member of an LLC, or by an agent, including a state or regional agent, with the city recorder which shall give the following information:

(1) The name of the applicant, if the applicant is an employee or agent of a partnership, corporation or LLC, and the name of the corporation or LLC or partnership.

(2) The address of the applicant, and if the applicant is an agent or employee of a corporation or LLC, the address of the corporation or LLC.

(3) A brief description of the nature of the business and the goods to be sold.

(4) If the applicant is employed by or agent of another person, the name and date of birth and permanent address of such other person or persons, including the names and addresses of all partners of a partnership and all directors of a corporation, and all members of 20 percent or more interest in an LLC.

(5) The length of time for which the applicant desires to engage in business within the city, if less than one year.

(6) The applicant shall submit with the license application a signed authorization and release authorizing Naples City to obtain the criminal history and credit history information on the applicant and each partner if the applicant is a partnership, each officer and director if the applicant is a corporation, and each member with 20 percent or more interest in an LLC.

(7) All applications for licenses authorized by this chapter shall be verified and shall be filed with the city recorder. The applications must state the applicant’s name in full and that he/she understands and has read and complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act and this chapter. If the applicant is a partnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated, and if an LLC, the names and addresses of all members of 20 percent interest and any managing members.

(8) The application must be subscribed by the applicant who shall state under oath under penalty of law and by notarized signature that the facts therein contained are true. [Ord. 22-247 § 7, 2022.]

5.10.080 Renewals.

All applications for renewal licenses filed by the holders of existing licenses shall be filed with the recorder at least 30 days prior to the expiration date of the then-issued license. Any licensee who does not obtain a renewal license prior to the date of expiration of the license shall on the date of expiration immediately discontinue the sale of beer until a new or renewal license is issued by the city. [Ord. 22-247 § 8, 2022.]

5.10.090 Qualification.

No license shall be granted to any person or entity to sell beer within the city unless he/she shall be of good moral character, over the age of 21 years, and a citizen of the United States. No license shall be issued to any person or entity under this chapter who has been convicted of a felony or of any violation of any law of the state of Utah or provision of this code relating to alcoholic beverages, including beer, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or of having violated any such law or ordinance, or to any partnership, any member of which lacks any of the qualifications set forth in this section, or to any corporation, of which any director or officer lacks any such qualifications, or to any LLC of which a manager or interest holder of 20 percent or more lacks such qualifications. [Ord. 22-247 § 9, 2022.]

5.10.100 Nuisance defined.

“Nuisance” means any room, house, building, structure, or place of licensed premises where:

(1) Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away, or used, or where persons resort for drinking alcoholic beverages, contrary to the Alcohol Beverage Control Act of the state of Utah or this chapter; or where

(2) Intoxicated persons are permitted to loiter about, or use profanity, indecent, immoral, or boisterous language (in such a way as to unreasonably disturb other people or interfere with the peace and good order of the community or so as to be seen or heard by minors), or lewd conduct is permitted or carried on; or where

(3) Beer is sold or consumed between the hours of 1:00 a.m. and 5:00 a.m. of any day (except a private home or residence); or where

(4) Minors are permitted to consume, possess or purchase beer, or loiter about premises licensed for the consumption of beer; or where

(5) Laws or ordinances are violated by licensees or patrons with the consent or knowledge of licensees upon such premises, which tend to affect the public health, peace, or morals. [Ord. 22-247 § 10, 2022.]

5.10.110 Department of health permit.

No license under this chapter shall be issued until the applicant therefor shall have first procured from the department of health a permit which shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage, distribution or sale of beer complies with all the health regulations of this city and the state of Utah. [Ord. 22-247 § 11, 2022.]

5.10.120 Transfer of license.

Licenses issued pursuant to this chapter shall not be transferable, and if revoked by the city council, the fee paid by the licensee to the city for the license shall be forfeited to the city. [Ord. 22-247 § 12, 2022.]

5.10.130 Prohibited conduct.

(1) It is unlawful for any person to sell beer at any public dance or to any person intoxicated, or under the influence of any intoxicating substance or beverage.

(2) It shall be unlawful to sell beer to any person under the age of 21.

(3) It shall be unlawful for any person to sell beer except in the manner for which he/she has been so licensed pursuant to the provisions of this chapter. No person under 16 may sell beer and no person under 21 shall sell beer except under the direct supervision of a person 21 years or older.

(4) It shall be unlawful to keep or maintain a nuisance as defined in this chapter.

(5) It shall be unlawful to sell beer between the hours of 1:00 a.m. and 5:00 a.m. of any day.

(6) No persons shall consume beer at any public dance, in any dance hall, theater, public park or any public place within 600 feet of a church or school or public park.

(7) It shall be unlawful to possess an open container of beer or any alcoholic beverage in any public park, public parking lot, or upon the parking lot or grounds of any public school facility in Naples City.

(8) It shall be unlawful to possess an open container of, or consume any alcoholic beverage in any parking lot or upon the grounds of any church located within Naples City unless said possession and consumption is legally and lawfully authorized by the church organization owning said facilities.

(9) It shall be unlawful for any person to purchase, consume, or possess either solely, or jointly with another, any beer in a keg or in a container larger than two liters in Naples City except that persons licensed as manufacturers and distributors and other licensed individuals possessing a valid license to possess keg beer issued by the state of Utah or a political subdivision of the state of Utah may possess keg beer for the purpose of transportation through Naples City or other lawful purposes within Naples City. [Ord. 22-247 § 13, 2022.]

5.10.140 Alcohol training and education.

Pursuant to Sections 32B-11-101 et seq. and 32B-1-701 et seq., Utah Code Annotated 1953, as amended, the following shall be complied with by all licensees and applicants. Any individual who:

(1) Directly supervises the sale of beer to a customer for consumption off the premises of the off-premises beer retailer licensee; or

(2) Sells beer to a customer for consumption off the premises of the off-premises beer retailer licensee;

shall complete an alcohol training and education seminar required by this section within 30 days of the date on which the individual is employed by an off-premises beer retailer licensee.

The city may immediately suspend the license of an off-premises beer retailer that allows an employee to directly supervise the sale of beer or to sell beer to a customer without having a valid certificate that the individual completed an alcohol training and education seminar in accordance with this section.

Each employee of a licensed off-premises beer retailer who directly supervises the sale of beer or who sells beer to a customer for consumption off the premises of the off-premises beer retailer shall wear a unique identification badge: (a) on the front of the employee’s clothes; (b) visible above the waist; (c) bearing the employee’s first or last name, initials, or unique identification in letters or numbers; and (d) with the numbers or letters of the unique identification badge being sufficiently large to be clearly visible and identifiable while engaging in or directly supervising the retail sale of beer.

A licensee shall maintain a record of all current employee unique identification badges assigned by the off-premises beer retailer licensee and said record shall be available for immediate inspection by any peace officer or by a representative of the local licensing authority, and include the employee’s (a) first name; (b) address; and (c) driver’s license number or similar identification number. Violation of this section shall subject the person in violation to the penalties set forth in Section 32B-1-701 et seq., Utah Code Annotated 1953, as amended. [Ord. 22-247 § 14, 2022.]

5.10.150 Law enforcement review.

The application for such license together with such information and certificate as is required by this chapter to be attached thereto shall be referred to the police department or law enforcement officials of the city for inspection and report. Before a beer retailer license may be granted by the city council, the police department shall conduct an investigation and may hold public hearings for the purpose of gathering information and making recommendations to the city council as to whether or not a license should be granted. The police department shall forward the information and recommendations described in this section to the city council to aid in the city council’s determination.

Before issuing a beer retailer license, the city council shall determine that the applicant has complied with all basic qualifications and requirements for making application for a license and that the application is complete. The city council shall also consider the locality within which the proposed on-premises beer retailer outlet is located, including physical characteristics such as: (a) the condition of the premises; (b) square footage; and (c) parking availability. The city council should also consider operational factors such as: (a) tourist traffic; (b) proximity to and density of other state stores, package agencies, and licensed outlets; (c) demographics; (d) population served; and (e) the extent of and proximity to any community location. The city council shall consider the applicant’s ability to manage and operate a beer retailer license, including management experience, past beer retailer experience, and the type of management scheme employed by the outlet. The city council shall also consider the nature or type of beer retailer operation of the proposed licensee and any other factors or circumstances the city council considers necessary.

In addition, said law enforcement officials shall check the criminal history record of the applicant and partners, directors, members and officers of the applicant and shall report whether the applicant or any partner or director or member with 20 percent or more interest has been convicted of a felony or of any violation of any law of the state of Utah or provision of this code relating to alcoholic beverages or keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or having violated any such law or ordinance. [Ord. 22-247 § 15, 2022.]

5.10.160 Issuance of license.

If the character and business responsibility of the applicant is found to be satisfactory and if all of the requirements of this chapter and the State Alcoholic Beverage Control Act have been met, the recorder shall, upon payment of the prescribed license fee, deliver the license application to the city council for approval at its next meeting. Upon approval by the city council, the recorder shall deliver to the applicant the applicable license. The license shall contain the signature of the issuing officer and shall show the name and address of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date. [Ord. 22-247 § 16, 2022.]

5.10.170 Business license required.

It shall be a class B misdemeanor for any person to sell beverages containing alcohol without first receiving the type of license required by the city. [Ord. 22-247 § 17, 2022.]

5.10.180 License assessor and collector.

The recorder is designated and appointed as ex officio assessor of license fees for this city. On receipt of any application for a license, the recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established by ordinance. He/she shall enforce all provisions of this chapter, and shall cause to be filed complaints against all persons violating any of the provisions of this chapter. [Ord. 22-247 § 18, 2022.]

5.10.190 Payment dates.

All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:

(1) Annual fees shall be payable before each fiscal year in advance. The annual license shall date from the first day of January of each year and shall expire on December 31st of the following year.

(2) Annual fees shall be due on the first day of the year and shall become delinquent if not paid by January 15th of each year.

(3) One-half of the annual fee shall be payable for all licenses issued by the city pursuant to application made after July 1st of each year and licenses issued after July 1st shall expire on the first day of January. Payment shall be due upon the date of application. [Ord. 22-247 § 19, 2022.]

5.10.200 Penalty for late payment.

If any license is not paid within 15 days of the due date, a penalty of 25 percent of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid in full. [Ord. 22-247 § 20, 2022.]

5.10.210 Certificate.

All certificates of license shall be signed by the mayor, attested by the recorder, and shall contain the following information:

(1) The name of the person or entity to whom such certificate has been issued.

(2) The amount paid.

(3) The type of license and the class of such license if licenses are divided into classes.

(4) The term of the license with the commencing date and the date of its expiration.

(5) The place where such business, calling, trade or profession is to be conducted.

(6) The place or places within the city where the applicant proposes to carry on his or her business. [Ord. 22-247 § 21, 2022.]

5.10.220 Revocation or suspension.

(1) The city council may, after a hearing, revoke or suspend any beer license on finding by it that the licensee or its officers, agents or employees have violated any provision of this chapter or any ordinance of this city whether now or hereafter enacted which is in any way related to the operation of the business or the safety of the public or has violated the Utah Alcoholic Beverage Control Act.

(2) A hearing may be requested by any person:

(a) That is denied or refused a beer license by any officer, agent or employee of this city.

(b) Whose beer license is revoked, restricted, qualified, or limited from that for which it was first issued. [Ord. 22-247 § 22, 2022.]

5.10.230 Display.

Every certificate of license issued under this chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. [Ord. 22-247 § 23, 2022.]

5.10.240 Violation.

It shall be a class B misdemeanor to violate any of the provisions of this chapter.

(1) Violations of this chapter shall result in a fine not less than $250.00 and up to $1,500 and imprisonment in the county jail for a term of not more than six months or both.

(2) Each separate violation of this chapter is a separate offense.

(3) Each additional day that a party continues in violation of this chapter shall be a separate offense. [Ord. 22-247 § 24, 2022.]

5.10.250 Prosecution.

The provisions of Utah Alcohol Beverage Control Act as set forth in Title 32B, Utah Code Annotated 1953, as amended, are adopted and incorporated into this chapter and any criminal offenses or violations identified in that act are adopted and incorporated into Naples City ordinances and may be prosecuted and enforced as a class B misdemeanor and as otherwise set forth in this chapter. [Ord. 22-247 § 25, 2022.]