Chapter 5.20 ALCOHOLIC BEVERAGES

This chapter is enacted pursuant to the authority set forth in Section 10-8-42 and Title 32B, Utah Code Annotated 1953, as amended, and is an exercise of the police powers of the City for the protection of public health, safety and welfare. [Ord. 20-17 § 1 (Exh. A).]

Article I. General Provisions

5.20.100 Definitions

(A) The definition of each term defined in Title 32B, Utah Code Annotated 1953, Alcoholic Beverage Control Act, as amended, is adopted as applicable to this chapter.

(B) In addition to the definitions in the Utah Code:

(1) “Business License Official” has the same meaning as in SCC 5.05.010.

(2) “City population” means the official population count established by the most recent Census conducted by the United States government.

(3) “Frontage” means the front facade of the building up to the top plate of the structure.

(4) “Owner” means a sole proprietor, partner, manager, managing agent, officer, director, or stockholder who holds at least 20 percent of the total issued and outstanding stock of an applicant corporation, or member who owns at least 20 percent of the limited liability company. [Ord. 20-17 § 1 (Exh. A).]

5.20.110 Recognition of Utah State law.

(A) The sales and distribution of alcohol beverages are regulated under Utah law in Title 32B, Utah Code Annotated 1953. It is the intent of this chapter to regulate in those areas that state law specifically permits local government, or in areas not directly covered by state law.

(B) The City adopts the state of Utah Alcoholic Beverage Control Act, Utah Code Annotated 1953, in its entirety, as amended from time to time. It is the responsibility of any applicant for a license, consent or work permit to be in compliance with the conditions and requirements of state law prior to making application to the City.

(C) If any provision of this chapter conflicts with a provision of Utah law, then Utah law shall govern the issue. [Ord. 20-17 § 1 (Exh. A).]

5.20.120 City and state licenses required.

(A) In addition to state and local licenses or consents required to sell or distribute alcoholic beverages, every business selling or distributing alcoholic beverages shall also obtain a business license. This provision does not apply to applicants for single event or special use permits.

(B) Any business that receives consent from the City to sell or distribute alcoholic beverages shall apply for and obtain the appropriate state license no later than 120 days from the date the City’s consent is issued, or the City’s consent shall become void. After receiving the appropriate state license, the applicant shall keep both the City and state licenses current at all times. Lapse, suspension or revocation of the business state license shall result in automatic suspension of the city license or consent. [Ord. 20-17 § 1 (Exh. A).]

5.20.130 Compliance with laws.

Licensees are required to comply with local, state and federal laws. Violation of those laws may result in the suspension or revocation of the licensee license, permit or consent. [Ord. 20-17 § 1 (Exh. A).]

5.20.140 Emergencies.

(A) Upon the declaration of emergency by the Mayor pursuant to Section 53-2a-208, Utah Code Annotated 1953, all alcoholic beverage licenses may be suspended, which suspension may be lifted by the Mayor at any time, or when the emergency declaration expires.

(B) It is unlawful for the holder of any license or consent issued under this chapter or the holder agent, employee, manager or representative to sell or serve alcoholic beverages during the period of temporary suspension. [Ord. 20-17 § 1 (Exh. A).]

Article II. Local Consents

5.20.200 Local consents.

The City’s consent for state licenses, permits and agencies is based upon the following table, and subject to the restrictions and provisions of state law and this chapter:

Licenses	Consent Granted	Cap
Arena	Yes	N/A
Banquet/Catering (on-premises)	Yes	N/A
Bars: Equity/Fraternal/Dining	No	N/A
Beer Recreational	Yes	N/A
Hospitality Amenity	Yes	N/A
Hotel	Yes	N/A
Off-Premises Beer	Yes	N/A
Package Agency	No	N/A
Reception Center	Yes	N/A
Resort	Yes	N/A
Restaurant: Beer-Only	Yes	1/5,000 City population
Restaurant: Limited-Service	Yes	1/4,000 City population
Restaurant: Full-Service	Yes	1/4,000 City population
Tavern	No	N/A
Beer Wholesaler	Yes	N/A
Liquor Warehousing	Yes	N/A
Manufacturing	Yes	N/A

Permits	Consent Granted	Cap
Single Event	Yes	N/A
Temporary Beer	Yes	N/A
Special Use	Yes	N/A

[Ord. 20-17 § 1 (Exh. A).]

5.20.210 Application for local consent.

The applicant shall provide the following to the Business License Official when seeking local consent:

(A) A complete application on a form provided by the City;

(B) A nonrefundable application fee, established in the City consolidated fee schedule; and

(C) The address of the proposed use and, if a building is not yet constructed, a sketch of the premises to be constructed. [Ord. 20-17 § 1 (Exh. A).]

5.20.220 Business License Official authorized to issue consent.

(A) The Business License Official or a designee is authorized to issue local consent for state licenses and permits. Such issuance shall only be provided if the proposed use is in accordance with the provisions of this chapter and Utah law.

(B) The consent shall notify the applicant of the need for a City license or permit once the state has issued a license or permit and indicate that the consent is contingent upon a successful background check completed by the state of Utah. [Ord. 20-17 § 1 (Exh. A).]

5.20.230 City investigation.

Prior to issuing a consent, the Business License Official shall conduct an investigation, including the following:

(A) Inspection of premises, if existing, by the Building Official or a designee for compliance with building codes;

(B) Inspection of premises, if existing, by Fire Marshal or a designee for compliance with fire codes;

(C) Zoning and planning review by the Community and Economic Development Department to address issues of proximity, use, and code conformance;

(D) Requesting information from the Davis County Health Department regarding any health issues associated with the property or applicant other known businesses; and

(E) Verification of business ownership and identification. [Ord. 20-17 § 1 (Exh. A).]

5.20.240 Withdrawal of consent prior to state license issuance.

The City may withdraw its consent at any time prior to the state issuance of the applicant license, if the issuance was in violation of this chapter, state law, or was issued in error. [Ord. 20-17 § 1 (Exh. A).]

5.20.250 Proximity and hour restrictions.

The City adopts the proximity restrictions found in the Utah Alcoholic Beverage Act, as amended, for all licenses, permits and alcohol uses in the City. [Ord. 20-17 § 1 (Exh. A).]

5.20.260 Limits on number of establishments.

Consents and licenses are limited for certain categories:

(A) Restaurants: full-service limited to one per 4,000 City population;

(B) Restaurants: limited-service are limited to one per 4,000 City population; and

Article III. Licensing, Permitting and Administration

5.20.300 Local license required.

(A) It shall be unlawful for any person to engage in the business of the sale of alcohol within the corporate limits of the City without having first procured both a state and City license or permit, as designated by state law.

(B) Separate licenses or permits are required for each place of sale and the license shall be conspicuously displayed at the place of sale. [Ord. 20-17 § 1 (Exh. A).]

5.20.310 Application for license or permit.

An applicant who seeks a local license or permit shall provide the following:

(A) A complete application in the form provided by the City;

(B) A nonrefundable application fee in the amount set forth in the City consolidated fee schedule;

(C) A copy of a state license or permit issued by the Utah Department of Alcoholic Beverage Control for the applicable location; and

(D) A copy of the criminal history generated by the Utah Bureau of Criminal Information, for every owner or proprietor of the business. If the individual has resided outside of Utah at any time during the preceding five years, then they shall be required to furnish a copy of a criminal history generated by the United States Federal Bureau of Investigation. [Ord. 20-17 § 1 (Exh. A).]

5.20.320 Qualifications of owners.

The City shall not provide a license or permit for any person or business whose owner has been convicted of:

(A) A felony during the previous seven years;

(B) A violation of the Title 32B, Utah Code Annotated 1953, within the previous three years;

(1) Driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs;

(2) Driving with measurable controlled substance; or

(3) Impaired driving.

The City may rely upon background checks performed by the state of Utah within the previous 90 days. [Ord. 20-17 § 1 (Exh. A).]

5.20.330 Temporary and single event permits.

Permits for temporary or single event permits shall include an expiration date, which shall coincide with the end of the event. Additional events or temporary uses shall be required to obtain a new consent and permit from the City. [Ord. 20-17 § 1 (Exh. A).]

5.20.340 Transfer of license or permits.

(A) Licenses or permits may be transferred to new owners. In order to effect the transfer, the transferee shall provide the following to the City:

(1) A completed transfer of license application, in a form provided by the City; and

(2) A nonrefundable fee in an amount established by the City consolidated fee schedule; and

(3) A copy of the criminal history generated by the Utah Bureau of Criminal Information, for every owner or proprietor of the business. If the individual has resided outside of Utah at any time during the preceding five years, then they shall be required to furnish a copy of a criminal history generated by the United States Federal Bureau of Investigation.

(B) Transferees are subject to the same background check requirements as an original owner. Failure to obtain and present to the City, within 90 days, a license or permit from the state for the transferred use shall invalidate the transfer.

(C) Licenses or permits may only be transferred to new premises if the new location meets all proximity requirements of this chapter and the zoning requirements of this code. [Ord. 20-17 § 1 (Exh. A).]

Article IV. Site Requirements

5.20.400 Lighting within establishment.

(A) The purpose of this section is to ensure proper lighting in any location where alcohol is served for on-premises consumption for safety and security purposes.

(B) All public areas of the subject premises shall during all business hours provide a minimum of one candle power light measured at a level five feet above the floor.

(C) Any current licensee who does not currently meet this requirement will be required to update their premises to meet this requirement by July 1, 2021. [Ord. 20-17 § 1 (Exh. A).]

5.20.410 Windows.

(A) In establishments first seeking a license or consent from the City after July 1, 2020, it is required that at least 40 percent of the frontage along any public street be transparent glass windows.

(B) Signage or other opaque coverings may not exceed 20 percent of the window space for any establishment that sells alcohol.

5.20.420 Sales from drive-through windows prohibited.

No sale of alcoholic beverages shall be made from a drive-through window, except by off-premises beer retailers, as permitted by state law. [Ord. 20-17 § 1 (Exh. A).]

5.20.430 Nuisances.

Every licensed or permitted premises that serves alcohol shall assure that the business is maintained free from nuisances to neighboring residences and businesses, including keeping employees or patrons from loitering in the licensee parking lot, creating disturbances during the hours between 10:00 p.m. and 6:00 a.m. while on the licensee property, littering, or committing noise violations under the Syracuse Municipal Code. [Ord. 20-17 § 1 (Exh. A).]

5.20.440 Duty to report acts of violence.

It is the duty of every employee or owner who has reason to know that an act of violence has been committed on any portion of the premises open to the public to immediately summon police aid. Failure by an employee or owner to do so may result in a suspension of the license or permit for a period of one year. [Ord. 20-17 § 1 (Exh. A).]

Article V. Enforcement

5.20.500 Business License Official duties.

The Business License Official or a designee is permitted to issue orders and notices to licensees and applicants, or to refer a case for prosecution. Any Syracuse police officer also has authority to issue citations for criminal violations of this chapter. [Ord. 20-17 § 1 (Exh. A).]

5.20.510 Police Department investigations – Administrative warrants authorized.

(A) The Syracuse Police Department may engage in investigations of both criminal and civil business license offenses, in coordination with the Business License Official.

(B) When investigation requires the inspection or entry into areas not open to the public, or when an owner or employee prohibits entry into any area of the licensed premises, the police shall be authorized to seek an administrative search warrant from a State Magistrate, in order to facilitate the inspection or investigation. The grounds for such a warrant may be based upon a regular inspection schedule or probable cause that a violation of this chapter is occurring. [Ord. 20-17 § 1 (Exh. A).]

5.20.520 License/permit suspension or revocation.

(A) The Business License Official is authorized to take action against the licenses or permits issued under this chapter.

(B) Suspension is authorized under any one of the following conditions:

(1) Upon the receipt of evidence of any act or failure to act by an owner or employee of a licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee, except those listed in subsection (C) of this section which allow for revocation;

(2) Nuisance behavior, as defined in SCC 5.20.430, which continues after delivery of written notification from the City;

(3) Suspension of the state liquor license or permit; or

(4) Any other reason for which a business license may be suspended under this title.

(1) After determining that a licensee application form contains false information;

(2) Upon receiving evidence that any owner of the licensee has been convicted of offenses set forth in SCC 5.20.320;

(3) Upon evidence being presented that any owner or employee of a licensee has, while on the business premises:

(a) Solicited, aided or exploited a prostitute;

(b) Purchased, sold, or attempted to sell a controlled substance as defined by state law; or

(4) For a second act or failure to act by an owner or employee of a licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee, occurring within 24 months of the first such act or failure to act which resulted in suspension under subsection (B) of this section;

(5) Any other reason for which a business license may be revoked under this title. [Ord. 20-17 § 1 (Exh. A).]

5.20.530 Appeal procedures.

(A) No civil appeal is available for referrals for criminal prosecution, which will be heard by the courts of appropriate jurisdiction.

(B) All other decisions by the Business License Official which aggrieve a licensee, permit holder or applicant may be appealed to the City Council by filing a notice of appeal with the City Recorder within 10 business days of the adverse decision. [Ord. 20-17 § 1 (Exh. A).]

5.20.540 Violations – Penalty.

(A) The City may enforce the provisions of this chapter by licensing action, civil fines, civil action, criminal prosecution, or any combination of these remedies.

(B) Each day that a licensee is in violation of this chapter is considered a separate offense.

(C) Violations of this chapter may be pursued criminally as Class B misdemeanors, subject to a minimum fine of $500.00, and which may be up to $1,000.

(D) Violations of this chapter may be pursued civilly and are subject to civil fines of $100.00 for each day of violation. [Ord. 20-17 § 1 (Exh. A).]