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Show LEGAL NOTICE ORDINANCE NO. 3-68 AM OfiDlXAXCf AMKND- IG CHAPTER 3, MOAB CITY CODE, 1365. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Chapter. 3 of the Moab City Code, l'5 be and the same is hereby amended so Ihot. hcn amended it will read in words and figures as follows: 1 ALCOHOLIC BEVERAGES. 1. For state law as to authority au-thority of city to regulate the sale, use, etc. of intoxicating intox-icating beverages, see U. C. A.,. 1953, Sec. 10-8-42. As to authority to prohibit the sale, etc., of intoxicating liquors to minors, see U.C.A., l!).r)3 Sec. 10-8-47. As to authority author-ity to license businesses generally, gen-erally, see U. C. A., 1953, Sec. 10-8-80. As to Liquor Control Act of the state, see U. C. A. 1953, Sec. 32-1-1 et seq. , Article t. In General. Sec. 3-1 Definitions Sec. 3-2 License to Sell Light Pieer at Retail Sec. 3-3 Retail Licenses.. Class Sec. 3-4 Purchase of Beer for Resale Sec. 3-5 Application for License Li-cense Sec. 3-6 Application to be Referred Re-ferred to the Chief of Police Po-lice Sec. 3-7 Licenses Not Transferable Trans-ferable Sec. 3-8 Fees. Expiration Sec. 3-9 Restrictions Sec. 3-10 Inspection of Premises Pre-mises Sec. 3-11 Employees Sec. 3-12 Condition . of Premises Pre-mises Sec. 3-13 Refusal and Revocation Revo-cation of License Sec. 3-14 Penalty Article II. Liquor Sec. 3-15 Consumption on Premises Sec. ' 3-16 Definitions Sec. 3-17 Storage Unlawful Sec. 3-18 Illegal Possession. Hours Sec. 3-19 Drinking Liquor in Public Place Prohibited j Article I. In General. Sec. 3-1. Definitions. The words and phrases used us-ed in this Chapter shall have the meanings specified in the LEGAL NOTICE State L'fluor Control Act unless un-less a deferent meaning is clearly evv'nt. Sec. 3-2. LicVne ,0 Sel1 L,9ht Beer at Revolt Revo-lt shall be umvful for an'' person to engage's in tne bus" iness of the sale of Mhl beer at retail in bottles of draught within the corporate h'h.lits f the city without first ha.vin? procured a license thereu01" from the City Council as hereinafter here-inafter 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 com-ply with the provisions of the Liquor Control Act, the rules and regulations of the Liquor Control Commission and the ordinances of the city. Sec. 3-3. Retail Licenses, Class. Retail licenses issued hereunder here-under shall be of the following follow-ing classes and shall carry the following privileges and be numbered consecutively comencing from the number "one." Class "1" retail licenses shall entitle the licensee to sell beer only on the premises premis-es licensed on draught and in original containers for consumption con-sumption on or off the premises pre-mises in accordance with the Liquor Control Act and the ordinances of the city. Class "2" retail licenses shall entitle the licensee to sell beer in the original containers con-tainers on the premises for consumption on the premises in accordance with the Liquor Control Act and the ordinances ordin-ances of the city, and shall be issued solely to restaurants, restaur-ants, cafes and other establishments estab-lishments whose primary purpose pur-pose is the dispensing of food. The food and service sold or rendered shall be sufficient in nature to amount to evidence and afford assurance to the city council of a bona fide restaurant business instead of a mere pretext for obtaining a license. Class "3" retail licenses shall entitle the licensee to sell beer on the premises licensed li-censed in original containers for consumption off the pre- LEGAL NOTICE mises in accordance with the Liquor Control Act and the ordinances of the city Seasonal and special'', daily retail licenses shall cany the privileges of the class specified speci-fied and shall be for a per iod of less than one year to '.be determined by the city council. coun-cil. Sec. 3-4. Purchase of Beer for Resale. It shall be unlawful for any licensee to purchase or acquire ac-quire or to have or possess for the purpose of sale or distribution dis-tribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Liquor Control Con-trol Act. ) Sec. 3-S. Application for License. Li-cense. ' All applications for licenses authorized by, this Chapter shall be verified, and"-shall be filed with the city clerk and such applications musOstafc the applicant's name, in full and that he has complied with the requirements . and posses the qualifications specified in the Liquor Control Con-trol Act and this ordinance, 2nd if a copartnership, the names and addresses of all the partners must be stated, and if a corporation, the names - and addresses of all its officers and directors must be stated. All applications by individuals must be subscribed subscrib-ed by them who must state under oath that the facts stated therein are true. Applications Ap-plications by copartnerships must be subscribed and sworn to the effect above stated by all of the members thereof, and applications Nby a corporation corpor-ation must be subscribed and sworn to the effect above stated sta-ted by the president or vice-president vice-president and the secretary thereof. In addition to the foregoing, the application shall contain a certificate of at least five resident . freeholders free-holders of the voting district in which the license is to be effective to the effect that each of the persons aforesaid personally knows the applicant appli-cant and that in his opinion the applicant is a fit and proper pro-per person to be granted a license. In case of a copartnership copart-nership the foregoing certif-, certif-, icate shall be made to co.ver . each of the members and in case of a corporation to cover co-ver all of the officers and LEGAL NOTICE directors. No application shall be accepted or filed by the city clerk unless the statements state-ments therein contained and the certificate when required substantially conform to the foregoing provisions. Applicants Appli-cants must furnish such other information as the city council coun-cil may require. Sec. 3-6. Application to be Refered to the Chief of Police. The application for such license li-cense together with such information in-formation and certificate as is nxiuired by the city council to be attached thereto shall be referred to the city Chief of ixilice for inspection and repoil. The Chief of Police shall Vwithin five days after receiving such application make an report to the council relative to the granting or denying .said application. Upon Up-on receipt of the said report, the council'i shall act upon the application as it shall deem fair, just and proper in regard re-gard to granting or denying the same. Sec. 3-7. Licenses Not Trans-ferable. Trans-ferable. Licenses issued under this Chapter shall not be transferable, transfer-able, and upon revocation thereof by the Council, the fee paid by the licensee to the city for said license shall be forfeited to the city. iSec. 3-8. Fees. Expiration. Applications provided, for in this Chapter shall be accompanied accom-panied by the fees hereinafter provided, which fee shaAU be deposited in the city treasury if the license is granted 'and returned to the applicant! if denied. The fee for all retail licenses lic-enses shall be as follows: Class "1" $250.00 Class "2" $100.00 Class "3" $100.00. All licenses issued hereunder hereun-der shall expire on the first day of January of each year except seasonal licenses or unless sooner cancelled. Sec. 3-9. RestrictionsT No person shall sell beer to any person intoxicated or under the influence of an intoxicating in-toxicating beverage, or to any person under the age of 21 years. No' license shall be granted to sell beer in any theatre, or in the proximity of any church or school, or in any dance hall, except cabarets duly licensed as provided 11C1 CIU1UI C. It shall be unlawful for any person under the age of 21 years to purchase beer or have the same in his possession, posses-sion, or to enter or to be in or about any premises licensed licens-ed to sell beer under a class "1" license. Sec. 3-10. Inspection of Premises. Pre-mises. All licensed premises shall be subject to inspection by any police officer or by any member of the city council or any officer or agent of the Liquor Control Commission or of the State or City Health Departments, and every licensee li-censee shall at the request of the Board of Health of the city furnish to it samples of beer which said licensee shall have for sale. Sec. 3-11. Employees. No licensee hereunder shall knowingly employ in connection connec-tion with his business in any capacity whatsoever any person per-son who has been found guilty of the violation of any law of the State of Utah or of any ordinance of the city relating to the traffic of intoxicating in-toxicating liquor or beer. Sec. 3-12. Condition of Premises. Pre-mises. Licensed premises shall be kept brightly illuminated at all times that they are occupied occu-pied or open for business, and no booth, blind or stall shall be maintained unless all tables, tab-les, chairs and occupants, if any, therein are kept open to full view from the main floor of such licensed premises. Sec. 3-13. Refusal and Revocation Rev-ocation of License. The city council may with or without a hearing at its discretion, when in its opinion opin-ion it is necessary for the protection of public peace or morals, refuse to grant any license applied for and may revoke any license at any time and in no such case need any cause be stated. No license li-cense shall be issued and any license issued shall be revoked revok-ed if the applicant or licensee shall not possess or shall cease to possess all the qualifications qual-ifications required by the Liquor Li-quor Control Act and by the ordinances of the city, or fails to comply with the ordinances of the city or rules, regulations regula-tions and orders of the Board LEGAL NOTICE of Health relating to health matters. Sec. 3-14. Penalty. Any person who shall engage en-gage in the business for retail re-tail of selling beer within the corporate limits of the city without having an appropriate license therefor from the city or whose license has been revoked, re-voked, suspended or cancelled, cancell-ed, or who shall violate any of the terms, clauses or conditions con-ditions of this Chapter shall be guilty of a misdemeanor. Article II. Liquor Sec. 3-15. Consumption on Premises. It shall be unlawful for any "place of business" as herein here-in defined knowingly to permit per-mit or allow customers, guests, or any other person to possess liquor upon which the seal has been broken, or to consume "liquor" as defined de-fined in this Title, at said place of business. It shall be unlawful for any person to consume "liquor" in an unlicensed un-licensed place of business, as provided herein. Sec. 3-16. Definitions. "Place of Business" as used in this Chapter shall be deemed deem-ed to include cafes, restaurants, restaur-ants, public dining rooms, cafeterias, taverns, cabarets, and any other place whether or not enumerated herein, where the general public is invited or admitted for business busi-ness purposes. Multiple dining din-ing facilities located in one building and owned or leased and operated by one licensed applicant shall be deemed to be only one "place of business" busi-ness" as herein defined. Premises Pre-mises owned or leased and operated by non-profit corporations corp-orations bonded, regulated and operated in compliance with the provisions of Title 16, Chapter 6, Utah Code An-noted, An-noted, 1953, are not "places of business" and shall be exempt ex-empt from this sub-chapter. Occupied hotel and motel rooms are not open to the public and shall be exempt from this chapter. Sec. 3-17. Storage Unlawful. It shall be unlawful for any person to store any liquor in or 'on places of business licensed lic-ensed by this chapter. It shall be unlawful for any licensee or any operator or employee of a licensee, to hold, store or possess liauor on premises licensed by this chapter. Persons Per-sons other than the licensee, or other than the operator or employee of the licensee, may with the consent of the owner own-er operator, or employee of the licensee, may with the consent of the owner, operator, opera-tor, or employee of either, possess and consume liquor on the licensed premises. Sec. 3-18. Illegal Possession. Hours. No person, either as owner, operator or licensee, or his agents, servants and employees, em-ployees, shall permit any premises pre-mises licensed for the sale of beer within the city to be or remain open for the transaction trans-action of any business therein there-in between the hours of 2:00 o'clock a.m. to 7:00 o'clock a.m. of any day; provided, that on Sunday no such place shall remain open between 10:00 o'clock p.m.' and 7:00 o'clock a.m. of the following Monday, and no beer shall be consumed on the premises between such hours. Sec. 3-19. Drinking liquor in public place prohibited. No person shall drink liquor li-quor in a public street, alley, building, park or stadium. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 5th dav of March 1968. APPROVED: s WINFORD BUNCE, Mayor ATTEST: s LELAND STOCKS, City Recorder (SEAL) Published in The Times-Independent, Moab, Utah, Mar. 14, 1968. |