Show Q i ORDINANCE NO 78 3 AN ORDINANCE TilE THE SALT SAfI AM AND USE OF BEEH ANt AND LIQUOR IN COUNTY UTAH THE TUE BOARD OF COMMISSIONERS OK OF COUNTY UTAH DO ORDAIN AS FOLLOWS That all aU beer and liquor ordinances and regulations heretofore adopted by Uintah County are hereby repealed and revoked and the following is hereby adopted In place and stead thereof SECTION 1 It DEFINITIONS All words and phrases used In this Ordinance shall have the following meanings meanIngs mean mean- Ings unless a different meaning clearly appears from the context 1 ALCOHOLIC BEVERAGES means and Includes beer and liquor as they are defined herein 2 BEER means any beverage containing not less than one half hall of one per of alcohol by weight and obtained by the alcoholic fermentation of an infusion Infusion infusion sion or decoction of any malted grain or similar products pro pro- products ducts and which contains not more th than n three and two- two tenths per of alcohol by weight and may mayor or ormay ormay may not contain hops or other vegetable products and Includes ale stout or porter 3 LICENSEE means any person holding any beer liquor or private club license in connection with th the operation of a place of business or private club This term shall also include any employee of the licensee 4 LIC LICENSED SED PREMISES shall mean any room house building structure or place occupied by any person licensed to sell beer or to allow the consumption of liquor on such premises under this title provided that in any roomed multi-roomed establishment an applicant for a liquor consumption license or for a Class B Class C or Club beer license shall shaH designate a room or portion of a building of such business for consumption consumption consumption con con- of liquor or the sale of beer which portion so specifically designated in the application and in the license issued pursuant be the li licensed premises Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises 5 LIQUOR means and includes 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 per of alcohol by weight and all mixtures compounds or preparations whether liquid or not which contain more than one half of one of alcohol by weight and which are capable of human consumption except that the term liquor shall not include beer as herein defined 6 NUISANCE means any room building structure or place which is licensed under the provisions of this Ordinance where a Alcoholic beverages are manufactured sold kept bartered stored given away or used or where persons resort for drinking alcoholic beverages contrary contrary contrary con con- to the Liquor Control Act of Utah or this Ordinance Ordinance Ordinance Or Or- or where b Intoxicated persons are permitted to loiter about or profanity indecent immoral loud or boisterous language or immoral or lewd conduct is permitted or carried on or where c Beer is sold dispensed or consumed between the hours of one o'clock am a.m. and seven o'clock l. am a.m. o of any ny VV l VA u J W t Tl fV I f f t W week elc d day or where d Persons under the age of twenty-one twenty 21 are permitted permitted per per- milted to purchase or drink beer e Applicable laws or ordinances governing licensees licensee's business operation are violated by the licensee or his agents or patrons with the consent or knowledge of the licensee 7 PLACE OF BUSINESS as used in connection with the issuance of a liquor consumption license shall be deemed to include cafes restaurants public dining rooms cafeterias taverns cabarets and any other place where the general public is invited or admitted for business purposes and shall also be deemed to include include include in in- clude private clubs corporations and associations operating under charter or otherwise wherein only the members and their guests are invited Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined 8 RETAILER means any person engaged in the sale or distribution of beer to the consumer 9 SELL OR TO SELL when used in this title in any provision shall be constructed to mean solicit or to receive any 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 10 WHOLESALER means any person other than a brewer or retailer engaged in importation for sale of beer in wholesaler or jobbing quantities 11 ll RESTAURANT as used in connection with the issuance of a Class B retail license shall mean premises where a variety of hot food is served for consumption consumption consumption con con- on the premises and where no more than forty forty for for- ty percent of the gross volume of business is derived fr from m the sale of beer sold at said premises 12 CABARET shall mean any room house building or structure or place occupied by any person having a Class B or C beer license wherein a dance floor is provided for patrons or entertainers to dance 13 LOUNGE shall mean any room house building or structure or place occupied by any person having a Class B or C beer license where no ho dance floor is provided for patrons to dance SECTION II 11 BEER DEER LICENSES 1 LICENSE TO SELL BEER AT RETAIL It shall be unlawful for any person to engage in the business of the sale of beer at retail within the county without first procuring a license as hereinafter provided A separate license shall be required for each place of sale The license shall identify the specific premises covered thereby and shall at all times be conspicuously displayed in the place at which it shall refer or for which it shall be issued All licensees shall comply with the provisions of the Liquor Control Act of Utah and the regulations of the Liquor Control Commission and this Ordinance and every license shall recite that it tt is granted subject to revocation as is provided in this Ordinance Or Or- 2 RETAIL LICENSES CLASSIFIED Retail Licenses issued under the provisions of this Ordinance shall be classified into the following typo types which shall carry the privileges and responsibilities hereinafter set forth in this Ordinance Class A Class B D Class C Class D P Seasonal Club All AU licenses of each class shall be numbered numerically commencing with one 3 CLASS A LICENSE A Class A N retail license shall entitle the licensee to sell beer on the premises described therein in original containers for consumption consumption consumption tion off the premises in accordance with the Liquor Control Act of Utah and the ordinances of Uintah County B n retail license 4 CLASS B LICENSE A Class shall entitle the licensee to sell beer on the premises described therein in original containers for consumption consumption consumption tion on the licensed premises and to all of the privileges granted to a holder of a Class A retail license Only bona fide restaurants shall be entitled to Class B licenses If any audit or Inspection discloses that the sales of beer on the licensed premises are in excess of forty percent of the gross dollar volume of business the Class B license shall immediately be suspended and shall not be reinstated until the licensee is able to prove to the satisfaction of the Board of Commissioners Commissioners Commissioners Commis Commis- that in the future the sales of beer on the licensed licens licens- ed premises will not exceed forty percent of the gross dollar volume of business No person under the age of twenty one years shall sell or serve beer under this license 5 CLASS C LICENSE 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 A Class C license shall entitle the licensee to sell beer for consumption on or off the premises and shall entitle the holder thereof to all the privileges granted the holders of Class A and Class B retail licenses in accordance with the Liquor Control Control Control Con Con- Act of Utah No person under the age of twenty-one twenty years shall sell selI or serve beer under this license 6 CLASS D LICENSE A Class D retail license shall entitle the licensee to sell beer for consumption on publicly owned recreation facilities The licensee shall be the holder of a concession contract from the public body owning the recreation area Involved Under this license no beer shall be sold in the original containers but must first be emptied into suitable temporary con con- No person under the age of twenty-one twenty years may sell selI or serve beer under this license All sales and deliveries under this license shall be made directly to the ultimate consumer 7 SEASONAL LICENSE A seasonal license shall carry the privilege of a Class C retail license and shall be for a period of less than one year to be determined determined determined deter deter- mined by the Board of County Commissioners No person person person per per- son under the age of twenty-one twenty years shall sell or serve beer under this license 8 CLUB LICENSE A club license shall carry the privileges of a Class C retail license provided that the sale of beer shall be to club members and guests only only only on on- ly and each license shall be issued to bona fide clubs which are incorporated bonded regulated and operated in compliance with the provisions of Chapter 6 Title 16 UCA 1953 as amended 9 APPLICATION FOR LICENSE General Re Re- All applications for licenses for renewal or of licenses and for transfer of licenses authorized by this Ordinance shall be verified an and filed with the County Clerk addressed to the Board of County County County Coun Coun- ty Commissioners and shall state the applicants name in full and indicate that he has complied with the requirements requirements requirements re re- re- re and possesses the qualifications specified in the Liquor Control Act If the applicant is a co co- partnership the names and addresses of the partners or if a corporation the names and addresses of all officers officers officers of of- and arid directors must be stated The application must be sUbs sUbs' subscribed r oe by b the applicant app rif who sh shall ll state siMe under oath that the facts therein contained are true 10 REFERRAL TO SHERIFF All applications filed filed filed fil fil- ed in accordance with the provisions of this Ordinance shall be referred to the Sheriff for inspection and andreport report The Sheriff shall within ten days after receiving receiving receiving ing such application make report to the Board of County County County Coun Coun- ty Commissioners of the general reputation and character of the persons who habitually frequent such place the nature and kind of business conducted at such place by the applicant or by any other person or orby orby orby by the applicant at any other place whether said place is or has been conducted in a lawful quiet and orderly manner the nature and kind of entertainment if any at such place whether gambling is or has been permitted permit permit- ted on the premises or by the applicant at any other place and the proximity of such premises to any school or church The Sheriff shall also add to such report his recommendation as to whether or not the application ap application ap ap- should be granted TO HEALTH DEPARTMENT All applications filed in accordance with this Ordinance shall be referred to the Health Department which shall inspect all premises to be licensed to assure sanitary compliance with the laws of the State of Utah the Ordinances Ordinances Ordinances Or Or- of Uintah County and the rules and regulations regulations regulations regula regula- in the preparation storage distribution or sale of beer and food fulfills all such sanitary requirements the Health Department shall issue a permit to the licensee a copy of which shall be attached to the application application application ap ap- ap- ap for license 12 FILING DATE FOR HOLDERS OF OLD LICENSES All applications for renewal licenses filed by the holders of existing licenses shall be filed with the license director at least thirty days prior to the expiration expiration expiration tion date of the then issued license Any person who fails to file such applications within the time limit shall shaH close his licensed premises on the expiration date of the then issued license and shall keep the premises closed for any and all business for the sale of beer until the date his new license is issued by order of the Board of Commissioners of Uintah County 13 TRANSFER OF LICENSE TO NEW LOCA LOCA- TION Licenses issued pursuant to this title may be transferred to a new proper location upon application to the Board of County Commissioners filed with the license director and upon the payment of a twenty-five twenty dollar transfer fee which shall be refunded if the application application application ap ap- ap- ap is denied 14 4 ISSUANCE OF NEW LICENSE UPON BUSINESS PURCHASED If any licensee sells his place of business the purchaser thereof may be granted a license to operate the same business providing providing pro pro- providing viding that he has complied with the requirements and possesses the qualifications specified by the Board of County Commissioners Any prospective purchasers of ofa ofa ofa a business licensed pursuant to this Ordinance may petition the commission for a determination of his fitness and eligibility to be granted a license as herein provided and when such a determination is favorable to the petitioner he shall shaH thereafter be granted such a license upon making application and submitting submitting submit submit- ting Ling proper proof of his purchase of said business to the Board Doard of County Commissioners within sixty days after filing his original petition except that no such license shall shaH be issued to any applicant whose eligibility ty shall shaH have been terminated by the discovery of grounds for his disqualification subsequent subsequent subsequent quent to this original petition The current license fee to be paid by such purchaser shall be payable in advance ad ad- vance vane in the following amounts 1 All AH of the required annual license if such license is issued on or before March 31 of the license year hereinabove set forth 2 Three fourths of the required annual license if such license is issued after March 31 and on or before June 30 3 One-half One of the required annual license if such I i licensees Is s Issued after June 30 and on or before belore Sept September i ber 30 4 One fourth fourth of the required annual license if such lice license Is Issued after September r 30 and on or before 1 December 30 15 CIS LICENSE FEES tEES Applications for retail licenses under this Ordinance shall be accompanied by bythe bythe bythe the following fees which h are in addition to the general business license fees required under the Licensing Ordinance Ordinance Ordinance Or Or- of Uintah County For Class A itA retail license per annum or any part thereof For Class B D retail license per annum or any part th thereof For or Class C retail license per annum or any part thereof For or Class D retail retal license per annum or any part thereof 16 6 DISPLAY OF LICENSE Each license issued pursuant to this Ordinance shall be displayed at all times on the licensed premises in a place readily visible visible visible ble to the public 17 7 EXPIRATION N OF LICENSE All AH Class A B C or D retail licenses Issued pursuant to the provisions of this title shall shaH expire on the day of |