5.08 Alcohol Sales
Chapter 5.08
ALCOHOL SALES
Section 5.08.010 Definitions.
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:
1) "Beer" means any beverage containing not less than one-half of one percent of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of any malted grain or similar products. "Heavy beer" means beer containing more than 3.2 percent of alcohol by weight. "Light beer" means beer containing not more than 3.2 percent of alcohol by weight. Beer may or may not contain hops or other vegetable products. "Beer" includes ale, stout and porter.
2) "Liquor" and "intoxicating liquor" mean and include alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks or drinkable liquids, containing more than one-half of one percent of alcohol by weight; and all mixtures, compounds or preparations, whether liquid or not, which contain more than .5% of alcohol by weight, and which are capable of human consumption; except that the term "liquor" shall not include "light beer."
3) "Retailer" means any person engaged in the sale or distribution of beer to the consumer.
4) "Sell" or "to sell," when used in this chapter in any prohibition, shall be construed to include, to solicit, or to receive an order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in, for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling as above defined.
5) "Wholesaler" means any person other than a brewer or retailer engaged in the importation for sale or in the sale of beer in wholesale or jobbing quantities. (Ord. no. 126 §3, 1985: prior code §6-2.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.08.020 License--Required for retail sale of light beer.
It is unlawful for any person to engage in the business of the sale of light beer at retail, in bottles or draft, within the corporate limits of the city without first having procured a license therefor from the Lindon City Council of the city as hereinafter provided. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licenses shall comply with the Alcoholic Beverage Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission. (Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-1.)
Section 5.08.030 License--Required for wholesale sale of beer.
It is unlawful for any person to engage in the business of selling beer at wholesale within the limits of the city without first obtaining a license therefor from the Alcoholic Beverage Control Commission of Utah and paying the required fee therefor. (Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-3.)
Section 5.08.040 License--Classification and privileges.
1. Retail licenses issued hereunder shall be of the following type and shall carry the following privileges and be numbered numerically commencing from the number one:
a) Retail Beer License. A retail beer license shall entitle the licensee to sell beer in containers or on draft for consumption on or off the premises in accordance with the Utah Alcoholic Beverage Control Act.
b) Seasonal License. A seasonal license shall carry the privileges of the regular retail beer license and shall be for a period of less than one year.
2. It is unlawful for any licensee to purchase or acquire, or to 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 privileges of the Utah Alcoholic Beverage Control Act. ((Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-4.)
Section 5.08.050 License--Application.
All applications for licenses authorized by this chapter shall be verified and filed with the city council and shall state the applicant's name in full and that he has complied with the requirements and possesses the qualifications specified in the Utah Alcoholic Beverages Control Act, and if the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, and must be subscribed by the applicant who must state under oath that the facts stated therein are true. Applicants must furnish such information, including a certificate of at least five resident freeholders of the city to the effect that the licensee bears a good moral character and is a fit and proper person to be granted a license, as and when the city council shall require. (Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-5.)
Section 5.08.060 Licensee qualifications.
No person shall be granted a retail license unless he shall be qualified as provided in the Utah Alcoholic Beverage Control Act. (Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-6.)
Section 5.08.070 License--Bond.
No license shall be granted by the city council until the applicant shall have filed with the council a bond as provided by the Utah Alcoholic Beverage Control Act. (Ord. No. 2004-7, amended, 06/16/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-7.)
Section 5.08.080 License--Council authority to refuse.
The city council may refuse to grant any license applied for if the city council finds that:
1. The applicant does not possess all of the qualifications required by the Alcoholic Beverage Control Act; or
2. The applicant fails to comply with the ordinances of the city, or the rules, regulations and orders of the Utah County Health Department; or
3. The applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the applicant as a person engaged in the business of the sale or retail of intoxicating liquor or beer; or
4. The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another, or substantially injure another; or
5. The applicant knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder; or
6. Continuance of the license would be inconsistent with public health, safety or general welfare. (Ord. No. 2004-7, amended, 06/16/2004; Ord. No. 2002-3, Amended 1/15/2002; Ord. 98-1, Repealed and Replaced, 08/24/2000; Ord. No. 133 §1(part), 1985; Ord. 126 51, 1985; prior code §6-12.)
Section 5.08.090 License--Permit required.
No license shall be issued until the applicant therefor shall have first produced from the Utah County Health Department a permit therefor, which permit shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage or distribution, or sale of such beer, complies with all health regulations of the city and of the state. (Ord. 98-1, Repealed and Replaced, 08/24/2000; Ord No. 2002-3, Amended 1/15/02; Ord. 133 §l(part), 1985; prior code §6-9.)
Section 5.08.100 License--Transfer.
Licenses issued under this chapter shall not be transferable and upon revocation thereof by the city council the fee paid by the licensee to the city for said license shall be forfeited to the city. (Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code 96-10.)
Section 5.08.110 License--Application fee--Expiration date.
1. Applications provided for in this chapter shall be accompanied by the fees established by the municipal council, which fee shall be deposited in the city treasury if the license is granted and returned to the applicant if denied.
2. All licenses issued hereunder shall expire on the 31st day of December unless sooner canceled, excepting that seasonal licenses shall expire on the date set forth therein. (Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-11.)
Section 5.08.120 General restrictions.
No person shall sell beer at any public dance or to any person intoxicated, or under the influence of an intoxicating beverage. No license shall be granted to sell beer in any dance hall, theater, or in the proximity of any* church or school. No person shall sell beer to any person under the age of 21 years. It is unlawful to sell beer on Sunday and between the hours of one a.m. and seven a.m. the other six days of the week. It is unlawful to advertise the sale of light beer except under such regulations as are made by the liquor control commission of Utah; providing that a simple designation of the fact that beer is sold under city license may be placed in or upon the window or front of the licensed premises. It is unlawful to sell beer through a drive-up window. No licensee shall violate the terms of the license issued, nor unless he shall be so licensed shall he sell bottled or draft beer for consumption on the premises, or permit any beer to be consumed on the premises. *All licenses issued hereunder shall expire on the 31st day of December unless sooner canceled, excepting that seasonal licenses shall expire on the date set forth therein.(Ord. 98-1, Repealed and Replaced, 08/24/2000; Ord. no. 30. 1975; prior code §6-12.)
Section 5.08.130 Consumption of intoxicating beverages on premises.
It is unlawful for any person to consume any intoxicating liquor or beverage on any premises licensed under this chapter or to have on said premises any open vessel or container containing intoxicating liquor or beverage. Unless the establishment be so licensed for on-premise consumption. It is unlawful for any licensee hereunder, his agent or employee, to allow the consumption of any intoxicating liquor or beer on any premises licensed hereunder, or to allow any vessel or container containing intoxicating liquor or beer to remain open on said premises, unless the licensee be so licensed for on-premise consumption. (Ord. no. 2004-7, Amended, 06/15/2004; Ord. 98-1, Repealed and Replaced, 08/24/2000; Prior code §6-13.)
Section 5.08.140 License--Revocation.
The city council of the city may, after notice and a hearing, revoke any license granted hereunder if the city council finds that:
1. The licensee does not possess all of the qualifications required by the Liquor Control Act; or
2. The licensee fails to comply with the ordinances of the city, or the rules, regulations and orders of the Utah County Health Department.
3. The licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the applicant or licensee as a person engaged in the business of the sale or retail of intoxicating liquor; or
4. The licensee has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another, or substantially injure another; or
5. The licensee knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder; or
6. Continuance of the license would be inconsistent with public health, safety or general welfare. (Ord. 98-1, Amended, 08/24/200; Ord. No. 2002-3, Amended 1/15/02; Ord. no. 133 §1(part), 1985; ord. no. 126 §2, 1985; prior code §6-14.)
Section 5.08.150 Inspection of licensed premises.
All premises licensed under this chapter shall be subject to inspection by any officer, agent, or peace officer of the city or the Alcoholic Beverage Control Commission, or the State Board of Health, and every licensee shall, at the request of the Utah County Health Department, furnish to it samples of beer which he shall have for sale. (Ord. no. 2004-7, Amended, 06/15/2004; Ord. No. 2002-3, Amended 1/15/02; Ord. 98-1, Amended, 08/24/2000; Ord. no. 133 §1(part), 1985; prior code §6-15.)
Section 5.08.160 Violation--Penalty.
It is unlawful for any person to violate any provision of this chapter. Unless otherwise provided herein, any person convicted of violating any provision of this chapter shall be guilty of a Class B misdemeanor. Each day that any violation or failure to perform an act required under this chapter continues shall constitute a separate offense. (Ord. no. 2004-7, Amended, 06/15/2004; Ord. 98-1, Amended, 08/24/2000; Prior code §6-16.)
Section 5.08.170 Required Beer Handler’s Permit.
A licensee involved in the transaction of retail beer sales for off-premise consumption shall require all employees involved in the transaction of retail beer sales to obtain a Beer Handler’s Permit from the Utah County Health Department. All employees of a licensee involved in the transaction of retail beer sales will be required to possess and wear a Beer Handler’s Permit while on duty. This permit shall be worn in a conspicuous place such that the permit shall be clearly visible to any person. New employees of a licensee shall obtain a Beer Handler’s Permit within thirty (30) days of hire. During this thirty (30) day period, the employee may sell alcoholic beverages in accordance with the Utah Alcoholic Beverage Control Act, the regulations of the Alcoholic Beverage Control Commission, and the provisions of this chapter. (Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.180 Licensee–Duty to Inform.
The licensee is required to inform the Utah County Health Department within thirty (30) days of any employee possessing a Beer Handler’s Permit whose employment is terminated for conduct that would be punishable under the statutes or ordinances regulating alcoholic beverages, or when the licensee becomes aware of any other violation involving the sale of an alcoholic beverage. (Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.190 Compliance checks.
Licensees shall permit law enforcement officers and Utah County Health Department employees to conduct random Beer Handler’s Permit compliance checks on the licensee’s premises.(Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.200 Application process for a Beer Handler’s Permit.
To obtain a Beer Handler’s Permit, applicants must:
1. Fill out a “Beer Handler’s Permit” application form available from the Utah County Health Department.
2. Produce acceptable photo identification showing the identity of the applicant;
3. Attend a Beer Handler’s Permit training session administered by, or approved by, the Utah County Health Department; and
4. Pass the Beer Handler’s Permit test given by the Utah County Health Department.
If paragraphs 1, 2, 3, and 4, are satisfied, the Utah County Health Department shall issue the applicant a Beer Handler’s Permit photo identification card. This permit must be worn by the applicant while on duty such that the permit shall be clearly visible to any person. (Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.210 Qualifications to obtain a Beer Handler’s Permit.
The applicant for a Beer Handler’s Permit must satisfy the qualification requirements established by the Utah County Health Department. A permit shall not be granted to any individual who has had a felony conviction within three years, or a misdemeanor conviction involving alcohol or controlled substances within one year. (Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.220 Penalties for violations by a Permit holder.
A violation of this chapter or of any law involving the sale of an alcoholic beverage is a Class B misdemeanor. Additionally, an employee possessing a Beer Handler’s Permit who is convicted of any law involving the sale of an alcoholic beverage is not only subject to prosecution, but shall incur a suspension of the employee’s Beer Handler’s Permit as follows:
1. 1st Violation – Automatic suspension of the employee’s Beer Handler’s Permit for a period of one (1) year.
2. 2nd Violation – Automatic suspension of the employee’s Beer Handler’s Permit for a period of one (1) year.
3. Any Subsequent Violation – Automatic suspension of the employee’s Beer Handler’s Permit for a period of three (3) years. (Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.230 Licensee penalties.
Any violation of this chapter by a licensee or any employee of the licensee shall subject the licensee to the following penalties:
1. Upon a first violation of this chapter the licensee shall be issued a warning;
2. Upon any violation of this chapter which occurs within twenty-four(24) months of a prior violation, the licensee shall pay a civil fine of two-hundred-fifty dollars ($250);
3. Upon any violation of this chapter which occurs within twenty-four (24) months of two (2) prior violations, the licensee shall pay a civil fine of five-hundred dollars ($500) and the licensee shall have its license to sell beer suspended for a period of three (3) consecutive days, on a Thursday through Saturday;
4. Upon any violation of this chapter which occurs within twenty-four (24) months of three (3) prior violation, the licensee shall pay a civil fine of five-hundred dollars ($500) and the licensee shall have its license to sell beer suspended for a period of thirty (30) consecutive days. Additionally, the licensee shall be placed on probation for a period of one (1) year. Any violation of this chapter by the licensee or any employee of the licensee during the period of probation shall result in the revocation of the licensee’s license to sell beer. The licensee shall not be eligible to reapply for a new license for at least six (6) months from the date of revocation.
Failure to pay any fine imposed for a violation of any provision of this chapter within thirty (30) days of the imposition of such fine shall be grounds for revocation of the licensee’s license to sell beer.
Nothing in this chapter shall limit the rights and powers of the Lindon City Council to grant, refuse to grant, or revoke a licensee’s license to sell beer under this chapter.(Ord. no. 2004-7, Amended, 06/15/2004)
Section 5.08.240 Right to a Hearing.
1. The licensee shall have the right to request a hearing to contest the existence of any violation of this chapter or the imposition of any penalty under this chapter. A written request for a hearing must be filed by the licensee with the Lindon City Administrator within fifteen (15) days of the date of mailing of the City’s notice of a violation to the licensee. The request for a hearing shall include the licensee’s name, address, telephone number, and a statement of the licensee’s basis for disputing the existence of a violation or the imposition of a penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The City Council’s finding of a violation shall be considered final if the licensee fails to request a hearing within the time period set forth above.
2. The City shall notify the licensee in writing of the date and time for the hearing. Hearings before the City Council shall be conducted informally. Formal rules of evidence and court procedure shall not apply. The hearings are administrative in nature, and hearsay is admissible, but the evidence must have some probative weight and reliability to be considered. The licensee shall be given an opportunity to be heard at the hearing, shall have the right to be represented by counsel, and may call witnesses. The City Council shall consider all of the evidence and shall take any action it deems appropriate as it relates to the licensee. The City Council’s decision shall be made orally at the end of the hearing or in writing within ten (10) business days following the hearing. (Ord. no. 2004-7, Amended, 06/15/2004) |
