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41 of 1958 - Amending Section 19-1-1, 19-1-2, 19-1-4, 19-1-9 and 19-1-10 of the R.O. 1955, re: licensing, selling RI..,108 200 1.58 4;.A ROLL CALL Salt Lake City,Utah,r" , 195 VOTING 'A e Na I move that the Ordinance be passe Burbidge Christensen f Geurts . Romney . . . Mr.Chairman AN ORDINANCE Result . AN ORDINANCE AMENDING Sections 19-1-1, 19-1-2, 19-1-4, 19-1-9 and 19-1-10 of the Revised Ordinances of Salt Lake City, Utah, 1955, as heretofore amended, relating to the licensing, selling and consumption of BEER, under Title "INTOXICATING LIQUOR." Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Sections 19-1-1, 19-1-2, 19-1-4, 19-1-9 and 19-1-10 of the Revised Ordinances of Salt Lake City, Utah, 1955, as heretofore amended, relating to the licensing, selling and consumption of BEER, under Title "INTOXICATING LIQUOR" be, and the same hereby are amended to read as follows: "Sec. 19-1-1. License to sell light beer at retail. It shall be unlawful for any person to engage in the business of the cans sale of light beer at retail, in bottles/or draft, within the corporate limits of Salt Lake City without first having procured a license therefor from the Board of Commissioners of said city as hereinafter provided. A separate license shall be required for each place of sale and the license itself shall identify the specific premises covered thereby and said license shall at all times be conspicuously displayed in the place to 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 chapter and every license shall recite that it is granted subject to revocation as is provided in Section 19-1-11 of this Chapter. "Sec. 19-1-2. Definitions. The following words and phrases used in this ordinance shall have the following meaning unless a different meaning clearly appears from the context. "BEER" means any beverage containing not less than one- 1 • Re.108 200•I-58 (2.D, -2- half of one per centum of alcohol by weight and obtained by the alcoholic fermentation of an infusion, or decoction, or of any malted grain, or similar products, and which contains not more than 3.2 per centum of alcohol by weight and may or may not contain hops or other vegetable products and includes ale, stout or porter. "RETAILER" means any person engaged in the sale or distribution of beer to the consumer. "SELL" or "TO SELL," when used in this chapter in any prohibition, shall be construed to include to 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 considera- tion 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. "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. "LICENSED PREMISES" means any room, house, building, structure or place, occupied by any person licensed to sell beer on such premises under this act; provided that in aony hotel or other business establishment an applicant for Class 'B' or IC'/license may designate a room or portion of a building of such business for the sale of beer which portion so specifically designated in the application for a license and the license issued shall be the licensed premises. "NUISANCE" means any room, house, building, structure, place or licensed premises, where: (A) Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Liquor Control Act of Utah or this chapter, or where persons resort for drinking alcoholic beverages contrary to the Liquor Control Act of Utah or this chapter, 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 • 14'108 200.I-58 Q.P. -3- (C) Persons under the age of 21 are permitted to purchase or drink beer, or where (D) Laws or ordinances are violated by licensees or his agents or patrons with the consent or knowledge of licensees upon such premises which tend to affect the public health, peace or morals; or where (E) Any sign is displayed which is obnoxious, gaudy, blatant or offensive. "ALCOHOLIC BEVERAGE" means and includes 'beer' and 'liquor' as they are defined herein. "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 centum of alcohol by weight; and all mixtures, compounds or prepara- tions, whether liquid or not, which contain more than one-half of one per centum of alcohol by weight, and which are capable of human consumption; except that the term 'liquor' shall not include 'light beer. ' "Section 19-1-4. License privileges. Retail licenses issued hereunder shall be of the following kinds and shall carry the following privileges and be numbered numerically commencing from number one: CLASS "A" retail license shall entitle the licensee to sell beer on the premises described therein in original containers for consumption off the premises in accordance with the Liquor Control Act of Utah, and the ordinances of Salt Lake City. CLASS "B" retail license shall entitle the licensee to sell beer in the original containers on the premises for consumption on the licensed premises and to all of the privileges granted to the holder of a Class "A" retail license and in accordance with the Liquor Control Act of Utah. Only bona fide restaurants shall be entitled to Class "B" licenses. A bona fide restaurant is defined as one where at least 6O% of the gross dollar volume of business is derived from the sale of food served for consumption on the licensed premises. No person under the age of 21 years shall sell or serve beer under this license. ti R�106 200.1-56 Q�P. -4- CLASS "C", retail license shall entitle the licensee to sell beer on draft for consumption on or off the premises and to all the privileges granted the holders of Class "A" and "B" retail licenses in accordance with the Liquor Control Act of Utah. CLASS "D", retail license shall entitle the licensee to sell packaged beer for consumption on the licensed premises and shall entitle the holder thereof to all the privileges granted the holders of Class "A" and "B" retail licenses in accordance with the Liquor Control Act of Utah. A Class "D" license shall be required for all premises where the primary or main business is that of selling packaged beer for consumption on the licensed premises. CLASS "E" retail license shall entitle the holder thereof 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 be first emptied into suitable temporary containers. No person under the age of 21 years may sell or serve beer under this license. All sales and deliveries under this license shall be made directly to the purchaser. "SEASONAL" license shall carry the privileges of a Class "C" retail license and shall be for a period of less than one year to be determined by the Board of Commissioners. "CLUB" license shall carry the privilege of Class "C" retail licenses for sale of beer to club members and guests only, and may be issued to bona fide incorporated clubs which have complied with chapter six of Title 16, Utah Code Annotated 1953, as amended. "Section 19-1-9. Fees and number of licenses. Applications provided for in this chapter shall be accompanied by the fees hereinafter provided, which fee shall be deposited in the City Treasury if the license is granted, and returned to the applicant if denied. For Class "A" retail license per annum $50.00, or any part thereof. For Class "B" retail license per annum $200.00, or any part thereof. r.r� 4' Q 108 200 1.58 ?. -5- For Class "C" retail license per annum $400.00, or any part thereof. For Class "D" retail license $400.00 per annum, or any part thereof. For Class "E" retail license $200.00 per annum, or any part thereof. For "Seasonal" license at the rate of $50.00 per month for the season or period for which it is issued. For "Club" license at the rate of $200.00 per annum. All licenses issued hereinafter shall expire on the let day of July of each year and shall be issued for one year, except "Seasonal" licenses, which shall be issued for any number of days determined by the Board of Commissioners. Provided, however, that the number of Class "C" retail licenses issued shall not exceed ninety in any one license year; provided further, however, that the number of Class "C" retail licenses now issued and outstanding may remain in good standing and be re-issued to the present licensees as provided by law until revoked or terminated for any reason whatsoever, but in no event shall any new Class "C" retail licenses be issued except, renewals as above provided, until the issued Class "C" retail licenses outstanding total less than ninety in number, at which time new Class "C" retail licenses may be issued but the said new licenses issued shall not increase the total number of all issued Class "C" retail licenses in excess of ninety in any license year; and Provided, however, that the number of Class "D" retail licenses issued shall not exceed fifteen in any one license year; provided further, however, that the number of Class "D" retail licenses now issued and out- standing may remain in good standing and be re-issued to the present licensees as provided by law until revoked or terminated for any reason whatsoever, but in no event shall any new Class "D" retail licenses be issued except renewals as above provided until the issued Class "D" retail licenses outstanding total less than fifteen in number, at which time new Class "D" retail licenses may be issued, but that said new licenses issued shall not increase the total number of all issued Class "D" retail licenses in excess of fifteen in any license year; and Further provided that if at any time during the license period the Rk.'108 200 1-58 Q?. -6- nature and character of the licensed Class "B" premises shall change from being primarily and principally an eating establishment as herein provided in Section 19-1-4 to that of being primarily and principally an establish- ment for the selling and dispensing of beer the said Class "B" license shall at such date terminate and be considered revoked and it shall be unlawful for the licensees to carry on or conduct such business from the date of such change. Provided, however, that any licensee who sells his place of business, the purchaser thereof may be granted a license to operate the business providing that he has complied with the requirements and possesses the qualifications specified by the Board of City Commissioners. "Section 19-1-10. Regulations (1) No person shall sell beer to any person intoxicated, or under the influence of any intoxicating beverage. No license shall be granted to sell beer in any dance hall, theater, or in the proximity of any church or school. (2) It shall be unlawful to sell beer to any person under the age of twenty-one years, or to sell beer for consumption on the licensed premises or permit beer to be consumed on any licensed premises unless so licensed or to permit the drinking of liquor on such premises. (3) It shall be unlawful to advertise the sale of light beer except under such regulation as is made by the Liquor Control Commission of Utah and provided that one 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 not to exceed in cost $100.00, and no brewer, whole- saler, distributor, warehouseman or other person shall furnish to any retailer nor shall any retailer display any sign which shall exceed 1500 square inches in area. (4) No licensee shall violate the terms of the license issued, canned 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, and it shall be unlawful to keep or maintain a nuisance as is defined by Section 19-1-2 of this Chapter. (5) No dealer, brewer, or wholesaler shall either directly or 16 108 200--1-58 IIP. -7- indirectly supply, give or pay for any furniture, furnishing or fixtures of a retailer, nor shall such dealer or wholesaler advance, furnish money or pay for any license of a retailer, or be financially interested either directly or indirectly in the conduct or operation of the business of any retailer. (6) Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business and no booth, blind or stall shall be maintained unless all tables, chairs and occupants, if any, therein are kept open to the full view from the main floor at the 0o entrance of such licensed premises. Ln („) It shall be unlawful for any person under the age of 21 years y to enter or be in or about a licensed Class "C" or "D" establishment. • It shall be unlawful for any person under the age of 21 years to drink ti beer or any intoxicating liquors in any licensed premises. • (8) It shall be unlawful for any person under the age of twenty-one ta years to purchase, accept or have in his or her possession any alcoholic a.. beverage, including beer or intoxicating liquor; provided, however, that o this subparagraph shall not apply to the acceptance of alcoholic beverages o, by such person for medicinal purposes supplied only by the parent or guardian of such person or to the administering of such alcoholic beverage by a physician in accordance with the law. Provided, further that the • provisions of this subparagraph prohibiting possession of beer shall not a Happly to persons under 21 years of age who are bona fide employees in Class "A" licensed premises while in the discharge of their employment a therein or thereabouts." SECTION 2. In the opinion of the Board of Commissioners, it is 14 necessary to the peace, health and safety of the inhabitants of Salt Lake City that this ordinance shall become effective immediately. SECTION 3. This ordinance shall take effect upon its first publica- tion. P ssed by the Board of Commissioners It Lake City,/ift h this Pissed day of July, 1958. or Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake AN 1I1119rNANCI' AN ORDINANCE AMENulnal D. M. Ocl:e Section,1911,19.1_2,19lb,19 , Y Hod 19,10 [ ht Reeks,a S eil i.el:o ui;i, to the 's r'1l'llG or, Being first duly sworn, deposes and says that he is legal advertising ECO 1`av�`�a li 1thItorrd of clerk of the DESERT-3 NEWS ANT) SALT LAKE TET,E- Commis,oncr3f Salt hake 1 City, et hr GRAM. a daily Sunda newspaperr inted in the En SECTION].1h s 191-1. (excepty� P" g- 1f the Roowsed O ° 1 19- lit fish language with General circt elation in Utah, and published in Lam City. Utoh 1955"`s hoot, Salt Lake o for ended, taring the li- City, Salt Lake County, in the State of Utah. CATI G LIQUOR" be, aorl et ,Titled"IN'L'pthr me heiniky ore,meaoa to rood That the legal notice of which a copy is attached hereto Liceinie to ows: b lit hen:n rn Lhi:. it o '.'.he rc iul for oe iiht hoer 95 nrwl:�r."`rtnhr sale��'iil�h�hoer Salt Lake City Bill No. 41 of 1958. :n r-coal. ,he nrL, Lobe the Sale n 1 Lobe t' ` the An Ordinance Amending Sec. 19-1-1, 19-1-4, Bob, o. ao9 heiinr:iilrt.ni'ov hied. A h 1 fls'll lh niI Ike l ,f l , a l r 19-1-9 and 19-1-10 relating to licensing, 'll'c .oh: piedBill Ein ri<1 iancon lei,ehoki, it.,overt te t 1iellT11" nb 11 ni for selling and consumption of Beer . xhnll >>ly wilb the 1II fnntrnl of tile r'rr sr.a the r�hen�tri',1:'. vnlirensc 1flet n rite that it"i` intca uub- ecL Ins r entlnn n vide<i � h 79 was published in said newspaper on July5s 1958. n' rni o°nrinluer` •'nin'ii" bee of r ..0:: ml01 by It // I ot l ff lois 1t II // _. giali or which in,39 l l -1 1 I t wrivlit 7tm,or inav riot Dinka,lions 1/✓7'v 1 l -t 01. other veaetnh and imitet Legal Advertising Clerk ca the'�nlosr,1Y YIixteibu- t�'n n(beer'to the r psi m "rk in." o "'1'O .Il •in whcn ceA in this e color i roar rued to in, elude Ier fol,to borr`n tare`e v for lile,to deliver for value kw ratrn ne o peddle.to Ss wan sit to sellto troDir in for confidokb- o'x before me this 9th day of w Mr;Ls'eevet Lo Ila:v`r Flu aen be eVl 4r r n `.I i son. 8 and evey r1M�cllnv,44`bove A.D. 19 5 rre ery 'WrionrsAhon^ rew ogag thin e nor.rc ina lon folln ba r eel r the. i'•t o'tbro � laolc,Isr o iohhblal 'nfh`_cr '1 room. ho IrltPII IS'S skit, talc kiv ll lrre_'l nckionleci( I b ,ni Ikeloon oe nrh%r Notary Public bn.+nfo�(�1ci+Ull.hl^nnf9 or o Tr�li- lkoit,on 36,9 fro the t. al Ullrscich ry abb. 110 1301 Lit-, riff'..J I.v LL 1 a I- 1I ANll' e.7 rr ho,:r. b:::cio;. nli rlrl rA Ale(�I� rla•Ice .II� �.�le. tcifar von rrrav ni- n n nln�Aee n�f,Iir,�ln'thrn l'r b:�nlrr whe ri.nn rr ,err r f�ri � Icni ,'Ihn I.ror�orh(oat.Ant of Uta h Lof tins Du c C[e ) rebid I"n,e Legal Notices . Icamldo a <" - _,_____ _.. In l 'l `' as her �thyl lto Intu dandut or fa,- i a..0 Legs! Ndiit05 It indecent. in,no,al loud F ,t S 1' t t,el 1pt nn boisterous oi ,as date , t f SS) month f the l :be t h e f v laaei so lewd conduct Is -tl tl a senson or d f which it is 1 b. d th (C dPc h d nil 11 d. a � I d 't d it t l t A r�P "CI b I t the rate - 21 , rein-utter) tare o f' d bva Section 11. d_ L ad. 12 f Il,v d' be h All .I h ft a Chapter. D1 I a f- h 11 the1st d i July [5 d 1 b' h l latest b II h' 'agent, r f d shall b 1 I shall h l Li ,- ,tra,a with the I 1 nowt f .. _ et "S 'i' a surd, v ru,.. J I :h h-1 ll be fe f „It I h' - ises h'h t c affecth h I ry d d n.d[ 1 f 1 1 he h .I(M1 e,r o I - l - t h I. stud! "1 v I'r, r b the I [C ", however. that rthe »sh 1 ad [ dill rb^x s xaurly, bl displayed o, ,wlifel, 4 tl df CI 'C u 11 II timi-e f `a al b,is d h Il t 1 II bite, I piths'.d ll•I[ALCO101 IC DCVI'IIAGT'.�S' ninety ' license anv one h t, indirectlyIh nr d p and lodes L and i f tN - M1 anon of the b obey the northerµf CI C retail 1.' t 1 I ' :i l' I. d h - es d d 1 t d d) L' tl 1 1[ be' I IQlloH I d-- N d d I tl pt achilol 11 d t Il • Ialcoholic. t- h d t ! t l t h l 1 c fermented, al _ provided b 1 until 1 -1' 1' t f l a flushness- d b tl bl d k d ' t d f t stab shall b 1 d 1 fe of rmented,t dh-is SOd d II tuns,. h[ 1. t I II 1 bl h .vinous, shell Cl C retail 1 1 f h f ll _there. I b 1 0 t idrin' dOdebi half. f above1 as 1 1 thei licensed It 1 t cc e I I• llu f 1 I I compounds h d Cl. C t I t' t l -I: h th" I tl I I I standing l t l tel than [ 17) It shall.made, I f l fill l number, 1 which t CItl the age of 21 Mold limn of on t 1 b , ( 1 h_ [hut the retail licenses licenses 'led ee.d i years to atm or Cl b in or�h t, 1 weight, 1 c of luierni i ore _ hall fh t t n- 'i bl'nh,nent.It ball be I r f,I that the. t , hall not f leensis ; 1 CI fs n exeeSS of ninety am [for [21 to se., tinder drink been th of I I 'I light bof oily in- _ rl toxicating liquors1 of ',eaten191 J. Nerdy. P pooh,. 1 tho t the e Icaes. Ihtail liccii,cs ismer, Class T' ictoil 11 1 lb,1•.rha 1 b ,lint for vI 1 under Omit b f II ( 1 at d t the f `I !kiwis encl shall d ll hf lilted.id i for., he that I h I t ) commencing! theb or Clad 'D t o I'- alcoholicb IC,1 I 1 I b CLASS A retail 1- ul.all g I r st,d ,d 1 intoxicating I 21 rbn. idea, I I b t I t the t - Ph, 1 the F tl d . h th. d d h. t ,�-1 Ialcoholicfh I oi medic/rat f" al, I. 1 ry d i tl the t l f.nL 101 Shall , Cb t Dretail a' f I IIt 1 ad lh dl nr. f S It 1 be d ex cent is the et d .t a L at 1 L I C,I b n d l until theh l b I s LASS II _t ll J shall Cl U' 1 .I .s f t d 'd with the lawPro. cian io t entitle the licen,e,to sell bed in ree total le,s then titles., a vided forth,. I t the provisions the Iot..s for con t ainers on the the t which t he CI issued.but b 1 hlbt. Inem1 d I t II of that licenses1'id r Ii issued shall and 2ns of beer I arl t of nee I 1 e pi ivil rt st In ih a ld - the to al number who bonafide f s CI A tail 1 d of 11 u i Cl D'',tall 1 GI A' i d I in r1' with the fdonor _i f fifteen,n anv ' I tl- • f tb ,hv- (onto, A l T TOM Only boa, I t II as can • ll e,hnr_ de h 'I 1 buntitled d that if t o SECTI(N 2 i tl • f' t t In I A I f'. t 1 d I B- 1 f • 't r ii t ,.1 i,clefillect of non yhe, the r orri ch,,etelJ L [ I 1 li :Itit-;LofO tl bilsine,le l dff'a Premed g min,II 1rr'Il I at t. f tl 1 1' t la 11 - 1 f f d f I low I orine 1..- b 'i -ld.de y nod bait liwic p i meh,Ifeal �t ve ii No re.son rodeo rie sin) of 21 I1 nl t that of -ha I o,seve b under ,,oa,d ,till bi - SECTION a This ordinary,thi ffeet noon shall s linS � e A tln aabhC for h de la CAS r [ 11 halt f p thesaid CI.c"fi I b. the 1 Ishalt13 1 t t c.d f Aloil b. fni ermeionimon on DI f II 1 d 1revoked d it his let Oaf S I I.Lg 1 al, I the r 1 1 all the I;Doll b unlawful f the d o Al,r I M S1'1olI n_t' I-. I. 1 1 f I 1. bodiless f the dote of [f 1 A\ HOCH:NtFN hi rl: the ldrimii C R o d, L Art, t I tilPh .h h - that one la Al. '. AS' It .1 vh I his Mace f boa, I'llI\1) f to,C '.. the recipe, to sell pcieir [I : the h_ _¢ icd tit ( may r. P bushed iota, 4: fA.h)4.l the ale beer I pl,IIIISD5 olIrl Or, it 1 1I b - 'd' tl t he theh l .f t I theII crumbed with the lellea amid, h ocheis of close mentsand pow,scs.the A l fail tspecified to the Board of occoiciance with 1 t. l- I C (Mmlnissinnme Act of ULM A CI O" "Section 19110.Regulotions.it1 Ireence si I leutdidi f II 11 sell b to aiat, ' 1 shall I the where tdl<.,.bitd h fe'i nrctsruthrotiVi:urTti vli t t h a h 1an' I ll h granted thelams I es s..1 b d.% hall.1 elf ASS tail li,ease shall I,heater. the proximity of entitletheholder thereof In II mly I t' bl.cly 1 It churchschool.shall beunlawful to sell facilities. The i heed In my person tinderthe licensee shall he the;t l f f twenty t fc t ^. 11 b fconsumption 1 Imo)�ol owning i the etl t t`c to 11 d t beer Fuca I no b shell 1 sold in the b_ finless consumed liccen d or oto on an,licensed I he Permitr the d-1 ion f 1- I f t I origin, containers, l i t -it bl. 1 - h en n flora,container. N I.{.Ik h 11 be unlawful to ad cle, the ab f 21I 11er On,IIIICII5D. ' 'C. 1M1e 1 1 f C.font b Is lacenn 4,11 be ,Wade c ll solo,and deliver], lr.lvtfia mono o 1 lh 1' n 1 Coro f Ot h and d that 1ht hill l'ilroei SPASONAI shall al' tl l - f t t Id one,cila 1 thr ,,,,,loges a a Class r•tln re ma, he nlaredthe I taiI iliner.,rr l Ih shell b , to `r food t .h licensed,c1 in Dot I to i b the A rd 1 t no l a, is d a c 1 en Ci ne I ''''C a'the tl h' f -h In • 'lea.fo of r sill f 1 rs[�•ill b r- _ :a1L ,call Dceirnehry guest, fn. clod .hall d lSUa snuaa_ inches v 1r l issued ill in which l f.la ith L h-h n- x all s' I t e rhed I.h Chapter_ a[ C. ( the 1issued. IIf 1 Cod Annotated 195a as 1-. h h Il h o 1- enri aded h 11 he es ll bottl d.se d o� as" ection 191 9-i'a es and aaaaoabel' F beennec Al,llrlca'lov p er ilea foa'ie this ch`i nlcr shall her n an a I by t(a Ferris 1,ilMootbde totd Weil,i which hill be tle naoited a the City�fre.:,s,lrr if lldc 1dU, rote4 as tovnha sanxalic n4 iE dnlcrl. la,t�O.r,ti is 1A I:eethe, of,100 :mg tot I m yl