42 of 1978 - Adding section 19-4-12 establishing entertainer requlations for performers performing in businesses /VOTING Aye Nay Salt Lake City,Utah, March 14 ,19 78
Mr.Chairman /
I move that he Ordi ance be passed!
Ggeener Araz �C�t.�(ll�. r;
1464A4li tip '
Phillips V
Result AN 6RDINANCE
i
AN ORDINANCE AMENDING Chapter 3 of Title 19 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to beer regulations,
and AMENDING Chapter 4 of Title 19 of the Revised Ordinances of Salt
Lake City, Utah, 1965, relating to liquor consumption licenses,
by ADDING thereto a new Section 19-4-12.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Chapter 3 of Title 19 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to beer regulations be, and
the same hereby is amended as follows:
Chapter 3
BEER REGULATIONS
Sections:
19-3-1. Unlawful to sell beer without license.
19-3-2. Sale to intoxicated persons prohibited.
19-3-3. Advertising sale.
19-3-4. Nuisance prohibited.
19-3-5. Wholesaler and retailer not to have common interests.
19-3-6. Minimum light and open view required in licensed
premises.
19-3-7. Sale to minors prohibited.
tl; 19-3-8. Presence of minors in certain establishments prohib-
ited.
19-3-9. Unlawful to permit minors in certain establishments.
19-3-10. Presence-pr minors in portions of certain establish-
ments prohibited.
19-3-11. Unlawful to permit minors in portions of certain
establishments.
19-3-12. Possession of beer prohibited to minors. Exception.
19-3-13. Unlawful to permit intoxicated person on licensed
premises.
19-3-14. Sale or disposition of beer between certain hours
unlawful.
19-3-15. Entertainer regulations.
Sec. 19-3-1. Unlawful to sell beer without license. It shall
be unlawful and shall constitute an offense of strict liability
for any person to sell beer or to permit the consumption of beer
in any premises unless such premises are licensed for suchtsell
or consumption. It shall be unlawful and shall constitute an
offense of strict liability for any licensee to violate the terms
of his license and it shall be unlawful and constitute an offense
of strict liability for any person, unless he shall be so licensed,
to sell bottled, canned or draft beer to be consumed on the
premises.
`��I c
e
u
.1
-2-
Sec. 19-3-2. Sale to intoxicated persons prohibited. It
shall be unlawful and shall constitute an offense of strict
liability for any person to sell beer to any intoxicated person
or to any person under the influence of any intoxicating beverage.
Sec. 19-3-3. Advertising sale. It shall constitute an offense
of strict liability to violate the provisions of this section. 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; 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 which designation shall
not exceed one hundred dollars in cost. No beer, wholesaler,
distributor, warehouseman, or other person shall furnish to
any retailer nor shall any retailer display any sign which shall
exceed fifteen hundred square inches in area.
Sec. 19-3-4. Nuisance prohibited. It shall be unlawful and
shall constitute an offense of strict liability for any person to
keep or maintain a nuisance as the same is defined in this title.
Sec. 19-3-5. Wholesaler and retailer not to have common
interests. It shall be unlawful and shall constitute an offense
of strict liability for any dealer, brewer or wholesaler to either
directly or indirectly supply, give or pay for any furniture,
furnishings or fixtures of a retailer, and it shall be unlawful
and shall constitute an offense of strict liability for any
dealer or brewer to advance funds or money or pay for any
license for a retailer or to be financially interested either
directly or indirectly in the conduct or operation of the business
of any retailer.
Sec. 19-3-6. Minimum light and open view required in licensed
premises. It shall be unlawful and shall constitute an offense
of strict liability for any person to own or operate any premises
licensed for the sale of beer without complying with the following
lighting and view requirements:
(1) During business hours a minimum of one candle power light
measured at a level of five feet above the floor shall be maintained.
(2) No enclosed booths, blinds, or stalls shall be erected
or maintained.
(3) There shall be a clear and unobstructed access to all
portions of the interior where patrons are permitted or served.
Sec. 19-3-7. Sale to minors prohibited. It shall be unlawful
and shall constitute an offense of strict liability to sell beer
to any person under the age of twenty-one years.
Sec. 19-3-8. Presence of minors in certain establishments
prohibited. It shall be unlawful and shall constitute an offense
of strict liability for any person under the age of twenty-one
years to enter or be in or about any premises licensed as a
tF'Ac class "C" ,Ass +', for the sale of beer, or to drink beer
or any other intoxicating liquor in said licensed premises.
p y'i./f d e'(S,.
Sec. 19-3-9. Unlawful to permit minors in certain establish-
ments. It shall be unlawful and shall constitute an offense of
strict liability for any licensee of a class "C" -.s-ft u1s "^"-y
license for the sell of beer or any operator, agent, or employee
of such licensee to permit any person under the age of twenty-
one years to remain in or about such licensed premises.
49
-3-
Sec. 19--3-10. Presence of minors in portions of certain
establishments prohibited. It shall be unlawful and shall
constitute an offense of strict liability for any person under
the age of twenty-one years to be in or around any lounge or bar
area in premises licensed with a "club" or "seasonal" license
for the sale of beer or to be in or around any lounge or bar
area or premises licensed with a liquor consumption license.
Sec. 19-3-11. Unlawful to permit minors in portions of certain
establishments. It shall be unlawful and shall constitute an
offense of strict liability for any licensee of a "club" or "seasonal"
license for the sale of beer or :Licensee of a liquor consumption
license or any operator,agent or employee of said licensee to
have any person under the age of twenty-one years in or about
the lounge or bar area of such licensed premises.
Sec. 19-3-12. Possession of beer prohibited to minors.
Exception. It shall be unlawful and shall constitute an offense
involving strict liability for any person under the age of twenty-
one years of age to purchase, accept or have in his or her possession
an alcoholic beverage, including beer or intoxicating liquor;
provided, however, that this sub-paragraph shall not apply to the
acceptance of alcoholic beverages by such person for medicinal
purposes supplied only by the parent or guardian of such person or
the administering of such alcoholic beverage by a physician in
accordance with the law; provided further that the provision of
the sub-paragraph prohibiting possession of beer shall not apply
to persons under twenty-one years of age who are bona fide
employees in class "A" licensed premises while in the discharge
of their employment therein or thereabouts.
Sec. 19-3-13. Unlawful to permit intoxicated persons on the
licensed premises. It shall be unlawful and shall constitute an
offense of strict liability for any person licensed to sell beer
or for any of his agents or employees to allow intoxicated persons
to remain in or about any licensed premises.
Sec. 19-3-14. Sale or disposition of beer between certain
hours unlawful. It shall be unlawful and shall constitute an
offense of strict liability for any licensee or any employee thereof
to sell, dispose, or give away or deliver beer or permit the
consumption thereof on the licensed premises between the hours of
one o'clock a.m. and seven o'clock a.m. on any day from November
1 to April 30, inclusive, or between the hours of two o'clock a.m.
and seven o'clock a.m. of any day from May 1 to October 31, inclusive,
regardless of whether daylight savings time may be in force or
effect; provided, however, that when New Year's Day falls on Monday
the sale and consumption of beer on licensed premises may be
permitted until three o'clock a.m. of said day as an exception of
the foregoing requirement.
Sec. 19-3-15. Entertainer regulations. It shall be unlawful
and shall constitute an offense of strict liability for any
owner, operator, manager, lessee or licensee, or any agent,
employee or person acting with the consent of such owner, operator,
manager, lessee or licensee of any place of business licensed
to sell beer in Salt Lake City, to allow or permit any dancer,
entertainer or other person to appear in or on said place of business
naked or so clothed as to expose in any way the buttocks, genitals,
pubic area, or the female breast of said dancer, entertainer or
other person.
It shall also be unlawful and constitute an offense of strict
liability for any such dancer or entertainer or other person to
appear in said place of business naked or so clothed as to expose
at any time of appearance the buttocks, genitals, pubic area or
the female breast.
-4-
Violations of provisions of this chapter shall be grounds
for suspension or revocation of the license or licenses of the
establishments where violations occur.
SECTION 2. That Chapter 4 of Title 19 in the Revised Ordinances of
Salt Lake City, Utah, 1965, be, and the same hereby is amended by
adding thereto a new section 19-4-12 relating to entertainment
regulations to read as follows:
Sec. 19-4-12. Entertainer regulations. It shall be unlawful
and constitute a violation of strict liability for any owner,
operator, manager, licensee, leasee, or any agent of said business
licensed for the sale or consumption of liquor on the premises
in Salt Lake City to allow or permit any dancer, entertainer or other
person to appear in or on said place of business naked or so
clothed as to expose in any way the buttocks, genitals, pubic
area, female breast of said dancer, entertainer or other person.
It shall be unlawful and constitute an offense of strict
liability for any such dancer or entertainer or other person to
enter said place of business naked or so clothed as to expose
at any time of appearance the buttocks, genitals, pubic area or
female breast.
Violation of this chapter shall be grounds for suspension
or revocation of the license or licenses of the establishments
where violations occur.
SECTION 3. In the opinion of the Board of Commissioners of Salt
Lake City, it is necessary to the peace, health and welfare of the
inhabitants of Salt Lake City that this ordinance become effective
immediately.
SECTION 4. This ordinances shall take effect immediately after
its first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 14th day of March , 1978.
A OR
• lLN C�
CITY RECORDER
(SEAL)
BILL NO. 42 of 1978
Published March 21, 1978
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
pN ORDINANCE Shana D. Palmer
AN ORDINANCE AMENDING Chapter 3 of Title 19 of the
Revised Ordinances o1 Salt Lake City,Utah,1965,relating to beer
regulations,and AMENDING Chapter 4 of Title 19 of the Revised
Ordinances of Salt Lake City,Utah,1965,relating to liquor
consumption licenses,by ADDING therel0 a new Section 19.4-12.
Ike If ordained by the Board of Commissioners of Salt Lake
City,Utah:
L.That Chapter 3 of line,9 a the Revised
Being first duly sworn,deposes and says that he is legal
Ordinances otioro f It and Lake Cit,eUtan,al965,relatingnded to+sbeer advertising clerk of the DESERET NEWS, a daily
regU •s5ERCEctei3TtoNS (except Sunday) newspaper printed in the English
Se3tionsllnlawrril to loan without license. language with general circulation in Utah, and
19-32. sale to intoxicated persons prohibited published in Salt Lake City, Salt Lake County, in the
19-3-3. Advertising sale.
19-3-55.4. Nuisance and retailer not to have common State of Utah.
intents
19-3d. Mlnlmum light and wen view required in
lices.
19-3-2.n Sealy to minors Prohibited That the legal notice of which a copy is attached hereto
19-3r8. Presence of minors in certain e5tabllahments
prohibited.
19-3-9. Unlawful to permit minors In certain establlsh-
men19-3-10-Presence of minors in portions Of certain Pubnotice to amend an ordinance rc]a ting to
establishments prohibited
19-3-11.'U9nlawful to permit minors in portions of certain
19.3-12l Possests.
sion of beer prohibited t0 minors.Exception.
19-3-13.Unlawful to permit Intoxicated person on liquor consumption licenses
licensed
premises.19-3-14.Sale or disposition of peer between certain
hours unlawful.
Sec.5 Entertainer regulations. ..
unlawful Iawl lshall Unlawful
sell offense asp license.
liabil Ity oriany
Person to sell beer or to permit the consumption of beer In any
premises Unless such Premises are licensed for such sale or
consumption
hl ansl end
svesute an offense
sr iabilityfor yliceneetooiolallat the ternsof his
license and it shall be unlawful and con§titnte an offense of strict
liability for any person,Unless he shall be se licensed,to sell
bottled,canned or draft beer to be consumed on the promises
Soc.19-3-2.Sale to Intoxicated persons prohibited.It shall be
unlawful and shall constitute an offense of strict liability for env
person to sell beer o any Intoxicated person or to any person
der the influence of any intoxicating booed.. was published in said newspaper on March 21, 1978
of
strict liabillity to violate3. fng lee provisions ofshall constitute
this section.Itf!hall be
unlawful to advertise the sale of light beer except under such
pegulation as is made by the liquor control commission of Utah;
rovided,that one simple designation of the fact that beer is sold
tder city license may be placed In or upon the widow or Iron,of -')
he licefss d premises which designation shall not exceed one /
hundred dollars in 1. No beer, whlesaler, stribuor (� '. 'N ! \ --1' C
t net n.or otte05person shall furnish to any retailer nor ,.,:,, .-V w.rv�' S�`_ rC- �L'y'�-�
warehouseman.
hdlany retailer display any sign which shall exceed fifteen �"_
dr equerelndtes+nnraa Legal Advertising Clerk
Sec,193.4.Nuisance prohibited,If shall b for ye unlawful and
shall m maintain ate an nuisancense as OMe strict
samel Is defined in this title.on to keep
o Sec.19-3-5.Wholesaler and retailer not to have common
interests.It shall be unlawful and shall constitute an offense of
dtrct liability for any dealer,brewer or wholesaler o Rher fore me this 2.99th day of
irectly or indirectly a rot give a pay for any furniture,
furnishings or fixtures of a retailer,and It shall be unnlawful and
shall constitute o advance fundssor«moneleytoniabv forfor en
licenseer for a
M�lerortot financflonolereeedeithe directiv or ailer.indirectly
A.D. 19..Z8...
In the conduct or operation of the business of any retailer.
Sec.193-6 Minimum gale and open view required In licensed
I It hall be unlawful and shall constitute an offense of /
Ilicensed
f f liability for y person to own or operate any premises . l -
cesedf vioale of beer without complying with the following /.
lighting and i requirements. C.
(1)D business hours a minimum of one candle power
light d atsa level of five feet above the floor shah be / • I i/ 'I /r-e'/l l/c('l'
a(2)No enclosed booths,blinds,or stalls shall be erected Or sop , i Deer between main hours Notary ubl.
Maintained. eura o There spell r a clear and unobstructed cress to all t Ilct liabili snail Le level r Hall constitute of to
a
Portions Of the interior where patrons are shall ubeer o antl hermsl onithe licensed r tmIsos peer or permit the wnsuml#Ion
shall constitute an eons of strict Ilablllty to sell beer to anY preen ises bedweon thehouos her clock
i
person under MC age of a 01 r one years. m.and seven o toe a.m.on anv day from November I o April
Sec.19-3 8.all b eunl w l add 01 certain to an offense
o'c fuck a.m.or between the hours of two o'cl tok a.m.dntl seven
Prohibited_it for
be unlawful and shalleof tweet-o a ears to o'clock l a.of whether e den light May I}o October e Inclusive,
strict or beiin Orr any person uMeres licensed age as e d fuss vears to Biers ver, ht S h nos Time inlay bD In force or
ter le of in or about any premisesyottwr as a class"II for regardless
provided,however,that when Nev.,Year's licensed
falls on
es
the sale of beer,re nidrink beer or any other Inhoxicatlrw liquor Montlbe the sale and consumeflo'of beer on li<saidd premises
ensaid.transact premises. v fl permittedfor goin three o'clock am of said day ean
ec.19-D9l Unlawful to permit all con ti certain offenseh-
exc bon of- he foregoing r regulation s end
ants It shall f ra unlawful and shalls "C",llice se orfthe of Sac_1s3ut Entertainer regulations.strict liability
It shall o unlawful owner,
ofrbe liability for any licensee agent,
of a class ogee of such for the a sale shall constitute an Offense of osoe, re no a of any owns
of beer or any operator,he a 0r empty-on of such licensed to Persona rson acting g 05 8t¢h lessee os licensee,w er, pest,r,emr,Ioyoomanag or
per 1 nvh licnsederMeaee of fweniygrw Yrars to remain In 000Or wilhrihaconsent of such owner,operator,manager,
or about such licensed premises. lessee Or licensee of day per non it anys licensed io sell bee!in
Sec. tents Presence f minors In pertlorr6 of fain 0alt Lake City,to allow or permit any dancer,entertainer ar
establishmentsprohibited.501st It shall be unlawful and shall olhoi person eumsar In or on Bald Place of buslress naked or So
conshnde an ofontr a Of strict IIaballty for anv Person under the avail eo as to exam re an wa the buttocks,falserls,pubic
in pro ices licensed
ed with
o Iw aorued so al"license
r th r the female breast of said dancer,¢nortainer Or outer
a pro beer
lensed with a"club"rnPr"seasonal"or barre area the per Itnshall al.0 be unlawful and constitute en offense of strict
Sale of s O be in r around ntl hipany oe license.
or liability far y such dancer Or entertainer Pleisds licensed with a IIto pe hilt min rs i II[e person - ,,.IS.Lnferrainer regulanpns.n shall So unlawful and
sec.19-3-11-Unlawful to herrnWW mi ors InshaMlons of certairnr atPeayrf nre�oI alpcearance tine b5Mecksr gem lets,publ roar a se[onsti}�`eya WplatIOn of strict liability Ipr'any owner,operaor,
establishments.tenseOfstrict
It hell be lawful M heal constitute the Ornate breast. ,l,c005ee,leased,or any agent of said busin05s licensed
offense of Irlct Ileblllly for y licensee 1 dub' or yial pions of provisions of Isis chapter shall be grounds for ter the sale or consumption of liquor or Me premises in Salt Lake
I"license or the le f beer or licensee oft liquor vocation oI the license or Ilcepies of the coy tO a flow or perm;,anv dancer,entertaineroiothoir spe onto
"Seasonal"
Incense or an0.01:Vloe agenf Or employee a said estebinshm ots rh nations occur. said piece of business naked or so c ofh,etl as to
of nsee to have 00 Parson ea sl the age of iweMy-one years In SECTION 2.Tort Chapter 4 f Title 19 In the Revised appear Inn or on v the buttocks,ce Itals,pubic area,female
bout the IOunga or bar area of such rowed premises. Ordinances of Salt Lake City,Utah,1965,be,and the same herein
breast of sditl dancer,entertainer or Other person y
Sec. 19-112. Possession f and
�er find o Irons. am¢nded Dy addict 1-12 relating to f r It halnbe Unlawful and ronsfitutr.enoffensepf strict liability
Exception.11 shall be lawful d shall c tltte offer g thereto a new action 19-
Involving strict liability for any perso under Me age a entertainment reguiatiops to read as feriows: ' h dancer or entertainer or other person t0 enter said twenty-oneayears of age to purchase,accept orhe have In his or her
- Place of business naked or so tiptoed as Ip expose ar anv haw of alcoholic beverage,including beer or Intoxicatire a r r e the buttocks,genitals,pubic area or female breast.
liquor;non provided,however,that this subparagraph shall 1 p Vi often pf this chapter spell be grountls ter suspension or
apply to the reosesnceplelcoholic beverages by such person for v often of the license or licenses of Me establishments Where
possessmedicinal purposes supplied only by the parent or guardian of revocation
,ions occur.
such person or the adinistering of such alcoholic beverage bye SECTION 3.In the opinion of the Board of Commissioners of ysician In accordance with the law;provided further that the Salt Lake City,it is necessary to the'were health and welfare of
Provision of the subparagrapharaeraPh prohibiting possession ofe(fe[
beer the habitants of Salt Lake City that this ordinance become hall non apply to Persons under twenty-one years of age who are tive immediately.
bona fide employees in class A licensed premises while in the SECTION d This ordinance shall take efi¢<f immediately discharge of heir employment therein or thereabouts, after its first publication.
Sec 19-3-13.Unlawful to permit intoxicated persons on the Passed by the Board of Commissioners of Salt Lake City,
licensed premises.It shall be lawful and hall constitute n Vtah,this Idth day of ,Marco,19>g.
offense of strict liability for any person licensed to sell beer or for TED L WILSON
v of his events or employees to allow Intoxicated persons to MILDRED V.HI GMAM r Mavo remain in or about any licensed premises. City Recorde-
ISEAL I
BILL NO.42 of 191E
inublished March 21.Cady
(D.18)
tr