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97 of 1976 - Amending sections 19-2-17, 19-2-18, and 19-2-19 setting forth regulations and requirements of beer l VOTING Aye Nay Salt Lake City,Utah, June 10 ,19 76 Mr.Chairman 6 ' _, rH� Agraz I move that the Ord' ce be Gr� Hogensen / Phillips c� Result AN RD ANCE AN ORDINANCE AMENDING Sections 19-2-17, 19-2-18 and 19-2-19, of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to beer licenses. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Sections 19-2-17, 19-2-18 and 19-2-19 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to beer licenses, be, and the same hereby are, amended to read as follows: "Sec. 19-2-17. Forfeiture of license. If any licensee, licensed to do business under the provisions of this chapter, sells his place of business, together with the entire assets of said business, his license shall expire and be forfeited. "Sec. 19-2-18. License fees. 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 fee to be assessed according to the annual gross receipts of the store applying for license according to the following schedule: Gross Receipts License Fee Under $100,000.00 $ 50.00 $100,000.00 to $250,000.00 75.00 $250,000.00 to $500,000.00 100.00 $500,000.00 to $1,000,000.00 125.00 Over $1,000,000.00 150.00 For Class "B" retail license $200.00 per annum or any part thereof. For initial application and issuance of Class "C" retail license $1,500.00 for the first year of operation or any portion thereof. For renewal of Class "C" retail license $300.00 per annum or any part thereof. For Class "E" retail license $200.00 per annum or any part thereof. For seasonal license $50.00 per month or any part thereof. "Sec. 19-2-19. Location limitation of certain licenses. (a) The permissible locations of establishments licensed with either a Class "C" beer license, or a Class "B" private club license, or any combination thereof, shall be determined by geographical proximity, based upon the following criteria: 9 -2- (1) District A. There shall be no more than two esta- blishments located on any lineal block. A lineal block is hereby defined to be both sides of a major street between two intersecting major streets. For the purposes of this section a corner establishment having abutting front footage on two major streets shall be included in the lineal block in which the establishment has the greatest number of front footage abutting said major street, or if said abutting footage is equal, then the address originally filed with the City shall determine in which lineal block said establishment shall be located. (2) District B. There shall be no more than one licensed establishment within a 660 foot radius of another licensed establishment. (3) District C. There shall be no more than one licensed establishment within 2,000 feet of any other licensed esta- blishment. All major streets and districts will be those so designated on official City maps Nos. 19372 and 19373, copies of which shall be on file in the office of the city recorder. All said establish- ments holding a Class "C" beer or a Class "B" private club license must be located so as to front on a major street or be within a building with the main entrance to such building fronting on said major street. (b) No Class "C" beer establishment and no Class "B" non- profit club may be licensed or operate under the provisions of these revised ordinances, which is in close proximity to a public park, public elementary, junior high or high school or a church, without having first received approval from the Board of City Commissioners. Such approval shall be given only after: (1) The Board of City Commissioners has received recom- mendations regarding such an establishment from the Planning and Zoning Commission of Salt Lake City and the Salt Lake City police department; and (2) A public hearing has been held, with actual written notice having been given, where applicable, to the parks super- intendent, school superintendent or to the church and to the City and the residents thereof by at least one publication in a paper of general circulation in Salt Lake County at least ten days before the hearing stating the purpose, time, date, and location of said hearing; and (3) A finding by the Board of City Commissioners that the proposed location will not materially interfere with the activi- ties and functions of said parks, school or interfere with church worship or church related activities. For the purposes of this section a public park or public elementary, junior high or high school which is located 800 or more feet from said pro- posed establishment and a church which is located 500 or more feet from said proposed establishment shall not be considered to be in close proximity to said establishment and no notices or hearings need be given or held prior to the granting of a Class "C" beer license or Class "B" private club license. (c) Exceptions. Class "C" beer establishments or Class "B" private clubs may be allowed on streets other than those outlined in paragraph (a), and may be allowed within the interior of a block upon receiving approval from the Board of City Commissioners. Such approval shall be given only: -3- (1) After the Board of City Commissioners has received recommendations from the Planning and Zoning Commission of Salt Lake City and the Salt Lake City police department; and (2) If said street shall be at least 60 feet in width, or if within the interior of the block, the entrance to the establishment is from a court yard or mall like area with paved vehicular access and proper lighting; and (3) If the addition of said business would not exceed the number of establishments otherwise permitted under paragraph (a) of this section; and (4) After a public hearing has been held, with actual written notice having been given to the abutting property owners, and public notice having been given to the residents of the city thereof by at least one publication in a paper of general circulation in Salt Lake County at least ten days before the hearing, stating the purpose, time, date, and location of said hearing, and (5) A finding by the Board of City Commissioners after the holding of said hearing that the proposed location for said establishment will not (a) create an undue concentration in the number of Class "C" ,beer establishments or Class"B" private clubs, (b) materially interfere with the free flow of traffic, pedestrian or vehicular, (c) create an undue burden in con- trolling and policing illegal activities in the vicinity and (d) create a nuisance to the community, or (e) adversely affect the health, safety and morals of the residents of Salt Lake City. (d) Prior location. The provisions of this section shall in no way affect the rights of the present licensees to continue their operations, so long as their licenses remain in good stand- ing, and continue to have their licenses reissued as provided by law until revoked or terminated for any reason. (e) Zoning restrictions. Notwithstanding any of the provisions of paragraph (a) above, all such Class "C" beer or Class "B" private club establishments must be located within Commercial "C-3" districts or less restrictive zoning district." SECTION 2. In the opinion of the Board of Commissioners it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first publication. Passed by the Board of Commissior},ers of Salt Ll tp3.tah this 10th day of Tune , 1970. EMPORARY CHAIR AN %mac. CITY RECORDER/ (SEAL) BILL NO. 97 of 1976 L Published June 18, 1976 AN O)2DINANCr: AMI:NIJ2NC)Snchona 19]I1,19 II an0 19/-19.of the,9,0,cd Ordin.,nn'r s of Salt I dkc C/Y.UI.,I.1965, Iola."( n s boor licese. Fie 11 ordained by+he Hoarse al CeMelllss''.r,cr'r,of Salt Lake ( Utah, Sf CI ION I.Thal Soe Pons 12]`1,19-'I lb and 19-2,e9 of Ihr Hevlud Ordinances of`wilt I_oleo City,Wan,1965,relate.,to rkti r hcerbos,lk`.and Ilse same hereby ao.>n._hded le re.., lellnv.s: Sice 9 II.I oraiirtiire of llre,e.I1..12 ticrnwg,la enucalto do business warder IMF provisions of taus ehaPlosi since b hieess, of lateen w the rreite n_cts of sa1J Rosiness,ha' ramp shall moire c Iaie. by t rarluns ei video for • 1 accompanied Ihl H f J_3./.. h, 1 " ' tidavit of Publication Class itch 1 - 1111 tl. For Closs A rots Cleo tope applying eJedol5C4 n olhe annual iota of Ihasstore aPPl vin9 for li cenu'.cn:ordiny ollreceiia sr�hetlult. to Gr0'ser.00ls taco.Poo Undar'.r 00.000.00 /5.00 0250,000.00 to o S500,000-00 /0.00 `✓SO.000.00105500,0W,00 1 O er 6100 01 000 0 000,UW 209 0,00 1[5.0 or Class"13"retail„sense F200.00 our d„num or any part F.he roof. ul Class" marl lis:en c 1 Car.Utlne.1 0 cat ye. orrrnr�ili atom or:envIro tide award. S1,600 Harr ere o'Clds"C'rc ail hr ensc SS00U0 tkr aae gun,or lass, a. :°a,.s,-1_' redo nnen>se szaoao r. annarn or aoY Part Shane D. Palmer of For __ _.--- -- -------- -"--._ ,I Ilocatio lienix anther any parr1pos (t See olu to Location Of li labl Grwa o1 is Bien Il wth( the Of r a Class "14" 111,11e with u144,, r lass C br4C C 14 b Ircf.hsc o e I , H derail l�eutg first duly sworn,deposes and says that he is legal ndver- (lPro 1 50i ice ratity based . is II ehan'We„51OhlishoInaf5 tis1nri clerk of the DESERE1 NEWS, a daily (except Sunday) t r 610,A11144, I r. I ,d,•..rhi. al t u a.-ebliaer.en a.et[-.spaper printed in the English language with general cir- e, For nava"' rhr Lu,,'eau k d;ront•on i,90 minor n, streets f;,e,nshall ri�� cfdatian in Utah, and published in Salt lake City. Salt Lake nRur of lroral Iootake dbubin9 barn nldior sheet.or it ,'ni�'>,oi l'i' loolode i,coo.,neer,rho,ware„o. ..tiled Caunty,in the State of Utah. rirh he City shall d0ler tine nil which lineal Pblock seed s sebh.hrnenr Moll,located (2) District B. Plow shall He r moreh al 4,4,311,14111,11 r;e0 lent radio. blotto, Idol,. That the legal notice of which a copy is attached hereto nHrsm„ent n (3) U'islrrcl C. There 1.ho11 be ro inoro rhnh o Ilconsed eaculishrnnnl v/Ithnrr 2,000 teal of area caller licensedeestablesn t. Pub notice to amend an ordinance relating to n All melon streets and distrtc'ts will be!hose so dcst9natad o ---- ----- _ o'firaal C 1'mapsNdo 1939,and 193/3 c.o..whirr,sliaa led cn - in the ffl I the city rec.dor All said each...tools eto'I>L onet Class o aoa license must beer licenses Wont or a mnor aro.o Inwitlohd will,n n,ail, w entran,to sue,building frontline on,ald nloacr — ------ -__ _. she ILI No Class "C"neer establishment nna no Class rB" - .a club mew axe hnien.,or...rote under the prove...of n n nr 1,4I.,pub!aJ edai./dry,which in 0,11 Proximity tea nubhc ---- --—- --------- del:,nuhav denied dry,Pallor Mere o soh.chm ehirc. ,al sine airs.r calved n vat Ilrorn the!Spain u'Cily rC sty va151da�be ho. cents,after. s'Boe,rnofCch ane,nissiunv1s I0ra-r rd r, s t rnP l Y. t 'tb lrlpriI from 1119Platinum and /on,.ie Conemasioes 01 S.It 1.ace City.e the Sa+!La. City .Cd0Parenn002,and /1 A Pub,hearin+e hs barn Fuld,will,((_toil wr Fran non.. rxrr Ira1su fig whet,a o ear,tunesnaro.ec arIn ten- schndl s by ledlo the n-public-end to the;Cr,ben and of 1 1there.11 vHll ;senor of r, r `1 -c r r lay June lf3 1976 �.d� d locorion .a was published in said newspaper on _-- F1.A litielrna Hv the Board of City Ca s that the ,nldlocaliun.vile nutm �Ihn oc+ivilie� lunCtiui,s of.old Pnrks.os intoner with coupal W, nark or t l r colareaV o f proposed r r%hien is tad chord, n e Ir_�d r did P rl Ur id.rt.1 h I .5 1 f 00 .1 1 I0 .,:.'ear vP r.eslui,lhre,t 1,11 nut h.,r or11,,orele bah. 10, u I lh 1 f 11 'C lAnta rt, 1 e 1 ce ( c c c o l I la I c ea A, $S. ,gib- _.�_ r�^ � r, ear Ivo.rhbs r venallowed un ll ex .th„teeorot rl _— — nil,(eI andgy b.:allowed me Min;hrl inleridr d legal Advertising Clerk Coming oval Irene Beard of city ]re Suchrd of CI:Pall b.nice'),0)0 'ly nAror rindalhc Board of City Co and/o eye has r 001 eddy ens from I It okeirty and o depa lmemais nd of Serll Like id si and Ile Self t Ito[.itv feet e didth,or if end Ici r::ai dho se seaheedrbast a0 feelsablishoa it wit Faso tic_ rasa 1idr r the Hauck.the arrt wit fo teed voniishar a as ream a lik.dean with paved venreular deers,end 1 h: le ea - Id 1 pea the mbar(� me this._. 1st day of ot tdharst oh„w r ni+tvs an urdyr.tPH(d)o // it d0)10 lecen.l ha Fos brim hew,o with., not written 7[ eRuler,rho hear ,toO.ee.nroncrdensit thn A.D.)91S!___.• ooafl least rPdein:Iuli vantner of neinal oflboefty the Sad Lyal leastone61.0*rile h,o,bolof9e1a^alcl inn.l Horse Sad Pam .Iho o of 1 balsas he re.inn.aWtinJ❑m I aeio,anal.eason of said hoarsen.and H tl f City Cornmosionc. r t o 1101411110 of 1 bearing laitt lac oroposed location lo 1 'Iwl 1 will- 1,0 d concentration the �l / quoit, I ("beer ostablistones.or Class e' bs Ill) I r f wan Iho 1 11 I lac, Parlos1 1 1 J b '1n, 0 o h i'.cr orr a ,Meuse the Nntory Public ru v and erases of ter:no keen,of Solt I akin City_ • Iyl)Frior location (he of the, et In noway ado +he r of I Iicen_045 Id cuohnue opar aeons.to O,rl their li men., .1.,and continuo lo their edmoverleafbv aw ur,l rievo temiivI Zonion rear e Jn lor lwlthslanniva1 e b earareral. above,.a!1 "C' r , a HesI0 .anranlsaruse Y wen-.Co,99rer can 10l51rsnrr1,,r i thnr4.(obe " C'ION)In the opinion o)Ihn board of Cdrrtnri ssroner•:it is � vt o the txVare.hnd!11r inn• welfare ill the•inlrabilants of .;allCIS ekeN tear e Brian sell b ic'�(l fhalponadiaiirv. St Ca1ON:i. lHru or dinanee-,.all In rn-ueccl upon 0�lirvl abase Waal, P, 1/1 he t bur rl Cornnar.srorrr.r. Loser ilY.Ural,,--- hr 10+n Jay dl Jnn�.IV/L. JL IJNINGS F'lill LIPS.Je. e rrrlrordrY Chairman r MI I 1IGHAM City 0eordcr (SCJ_HILL No June to, obh�ned acne m.rv/a ca-w