037 of 1999 - Business and Alcohol License Amendments0 99-1
0 99-5
SALT LAKE CITY ORDINANCE
No. 37 of 1999
(business and alcohol license amendments)
AN ORDINANCE REPEALING, ENACTING OR AMENDING VARIOUS
SECTIONS OF TITLE 5, SALT LAKE CITY CODE, PERTAINING TO BUSINESS
LICENSES AND REGULATIONS, AND OF TITLE 6, SALT LAKE CITY CODE,
PERTAINING TO ALCOHOLIC BEVERAGES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. The following Chapters and Sections of the Salt Lake City Code, be,
and the same hereby are repealed: Section 5.02.150 pertaining to license assessment rolls
— affidavit; Section 5.02.180 pertaining to license board of equalization; Section 5.02.300
pertaining to license hearings and orders by the mayor; Section 5.04.030 regarding
business licenses required to do business; Section 5.04.150 pertaining to license
revocation conditions; Section 5.06.010; Chapter 5.10 pertaining to ambulances; Section
5.12.020 regarding license fees of automatic amusement devices; Section 5.12.090
regarding revocation conditions of automatic amusement devices; Section 5.12.120
regarding prohibited locations for businesses; Section 5.16.120 regarding denial or
revocation of the appeals procedure; Chapter 5.24 pertaining to coin operated music
devices; Chapter 5.26 pertaining to commercial vehicles; Chapter 5.30 pertaining to
employment agencies; Chapter 5.34 pertaining to foods and consumable products;
Section 5.37.050 regarding the definition of "Person"; Chapter 5.44 pertaining to
massage parlors; Chapter 5.46 pertaining to motor bus businesses; Section 5.50.080
pertaining to Class C private clubs; Section 5.50.185 pertaining to beer and liquor
consumption; Chapter 5.62 pertaining to shoeshine parlors; Article II of Chapter 5.64,
pertaining to coupon books; Article IV of Chapter 5.64, pertaining to merchandise
brokers; Article V of Chapter 5.64 pertaining to mobile stores; Article IX of Chapter 5.64
pertaining to trading stamps; Chapter 5.66 pertaining to charitable solicitations; Sections
5.70.060, 5.70.070, 5.70.080, 5.70.090, 5.70.100, 5.70.120, 5.70.130, 5.70.140, 5.70.150,
5.70.160, 5.70.170, 5.70.180, 5.70.190, 5.70.200, 5.70.210, 5.70.220, 5.70.230, 5.70.240,
5.70.250, 5.70.260, 5.70.270, 5.70.280, 5.70.290, 5.70.300, 5.70.310, 5.70.320, 5.70.330,
5.70.340, 5.70.350, 5.70.360, 5.70.370, 5.70.380, 5.70.390, 5.70.400, 5.70.410, 5.70.420,
5.70.430, 5.70.440, and 5.70.450 pertaining to licensing and regulation of billiards and
pool halls, bowling alleys, boxing, cards and games, circuses and carnivals, miniature
golf and golf driving ranges, motor vehicle races, shooting galleries, skating rinks, slack
wire performances, wrestling and professional sports; Section 5.74.110 pertaining to film
exchange; Section 5.76.070 regarding to the definition of "Person"; Chapter 5.78
pertaining to vehicle rental businesses; Chapter 5.80 pertaining to vending machines;
Chapter 5.82 pertaining to waste disposal contractors; Sections 5.86.040 pertaining to
assayers; 5.86.060 pertaining to bottling works; 5.86.073, 5.86.074 and 5.86.075
pertaining to children's care centers; 5.86.080 and 5.86.150 pertaining to cleaning and
dying businesses; 5.86.260 and 5.86.280 pertaining to hatter's shops; 5.86.290 pertaining
to miniature motor vehicles; 5.86.310 and 5.86.330 pertaining to package delivery;
5.86.340 and 5.86.350 pertaining to paint spray operations; 5.86.363, 5.86.364, and
5.86.365 pertaining to pest control; 5.86.370 pertaining to photography business;
5.86.430 and 5.86.440 pertaining to tailors; 5.86.490 and 5.86.500 pertaining to used
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vehicle dealers; Section 6.12.050 pertaining to alcohol advertising and sign restrictions;
and Section 6.12.060 pertaining to entertainers and entertainment limitations; Section
6.12.100 pertaining to minor's presence in lounge or bar areas; Section 6.12.110
pertaining to minors prohibited in portions of certain establishments; Section 6.12.120
pertaining to minors prohibited in Class C or D establishments; Section 6.12.140
pertaining to sales to minors prohibited; Section 6.16.100 pertaining to entertainers and
entertainment restrictions; Section 6.20.010 pertaining to the hours for liquor
consumption; and Section 6.20.130 pertaining to supplying alcohol to minors.
SECTION 2. The following Sections of the Salt Lake City Code be, and the same
hereby are, enacted to read as follows:
5.02.195. Nonpayment of license renewal fee.
If any license is not renewed or license renewal fees are not paid, and the former
licensee conducts any business for which a license is required during the unlicensed
period, the former licensee shall pay all license renewal fees and penalties for the period
of time during which no business license was in effect. No license shall be renewed until
all such fees are paid.
6.08.088.5 Brew pubs and microbreweries - State and federal permits required.
All licensees of brew pubs or microbreweries shall obtain all required State and
federal permits prior to opening for business.
6.04.025 Bar facility.
"Bar facility" or "bar facilities" means that area of an establishment in which beer
or other alcoholic beverages are mixed or prepared by employees of the establishment
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and that area in which such alcoholic beverages may be consumed, other than with
prepared meals.
6.08.095 Government -owned license.
A government -owned license shall be issued to state and local governmental units
for government operated events. A license shall issue subject to the following terms and
conditions: (a) sales of alcohol shall be made only by persons who have been trained for
such sale in accordance with state law; (b) dramshop liability insurance shall be obtained
and maintained during the period the license is in effect at coverage levels approved by
the city attorney; (c) no sale of beer or other alcoholic beverage shall exceed a sixteen -
ounce serving; (d) all applicable business license fees shall be paid as set forth in Section
5.04.070 and Schedule 1 to Title 5 of this code; and (e) all requirements of the Utah
Alcohol Beverage Control Act shall be met.
6.20.150 Violation - penalties.
Any person violating any provision of this Title 6, or any chapter or section
thereof, shall be deemed guilty of a Class B misdemeanor. In addition, violation of this
title shall be grounds for suspension or revocation of the license or licenses of the
establishment or of the event where violations occur.
SECTION 3. The following Sections of Title 5 of the Salt Lake City Code be,
and the same hereby are, amended to read as follows:
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Title 5.
BUSINESS TAXES, LICENSES AND REGULATIONS
Division I. Administration
Chapter 5.02. BUSINESS LICENSE REQUIREMENTS
Chapter 5.04. BUSINESS LICENSE FEES
Chapter 5.05. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Division II. Specific Businesses
Chapter 5.06. ADVERTISING
Chapter 5.08. BURGLARY AND ROBBERY ALARM SYSTEMS
Chapter 5.12. AUTOMATIC AMUSEMENT DEVICES
Chapter 5.14. APARTMENT HOUSES
Chapter 5.16. AUCTIONS AND AUCTIONEERS
Chapter 5.18. BICYCLE DEALERS
Chapter 5.20. CABLE TELEVISION SYSTEMS
Chapter 5.20A. CABLE COMMUNICATIONS FRANCHISE GRANT - TCI
Chapter 5.21. CABLE COMMUNICATIONS SERVICE STANDARDS
Chapter 5.22. CLOSING -OUT SALES
Chapter 5.28. PROFESSIONAL DANCERS
Chapter 5.30. EMPLOYMENT AGENCIES
Chapter 5.32. FIRE AND DAMAGED GOODS SALES
Chapter 5.36. FRANCHISES
Chapter 5.37. HORSE-DRAWN CARRIAGES
Chapter 5.38. INTERURBAN STAGE LINES
Chapter 5.40. LOCKSMITHS
Chapter 5.42. MARRIAGE AND DATING SERVICES
Chapter 5.47. NUMISMATIC AND BULLION DEALERS
Chapter 5.48. PAWNBROKERS
Chapter 5.50. PRIVATE CLUBS AND ASSOCIATIONS
Chapter 5.52. PRIVATE DETECTIVES
Chapter 5.54. RESTAURANTS AND CATERING ESTABLISHMENTS...
Chapter 5.56. ROOMINGHOUSES AND BOARDINGHOUSES
Chapter 5.58. SCRAP METAL PROCESSORS
Chapter 5.60. SECONDHAND AND JUNK DEALERS
Chapter 5.61. SEXUALLY ORIENTED BUSINESSES
Chapter 5.64. SOLICITATION, PEDDLING AND SALES PROMOTION
ACTIVITIES
Chapter 5.65. SIDEWALK VENDING
Chapter 5.68. SOUND DEVICES AND APPARATUS
Chapter 5.70. SPORTS, RECREATION AND AMUSEMENT ACTIVITIES
Chapter 5.72. TAXICABS
Chapter 5.74. THEATERS AND CONCERTS
Chapter 5.76. TRANSPORTATION OF HANDICAPPED PERSONS
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Chapter 5.84. WRECKER SERVICES AND TOWING OPERATIONS
Chapter 5.86. MISCELLANEOUS BUSINESSES
Division I. Administration
Chapter 5.02.
BUSINESS LICENSE REQUIREMENTS
Sections:
5.02.005. Definitions
5.02.010. License - Required to transact business.
5.02.020. License supervisor - Authority.
5.02.030. License supervisor - Powers.
5.02.040. Police officer license inspection authority.
5.02.050. License - Activities authorized.
5.02.060. License - Application requirements.
5.02.070. Application - Numbering and filing.
5.02.080. License - Statement of amount assessed.
5.02.090. Investigation - Engaging in business prohibited when.
5.02.100. Investigation - Mayor's powers and duties.
5.02.110. License - Issuance of certificate.
5.02.120. License - Term - Renewal.
5.02.130. Half -year license and certificate.
5.02.140. Index of licensees.
5.02.160. License - Posting and display required.
5.02.210. License - Transfer of name or location - Fee.
5.02.220. License - Transfer to other persons prohibited.
5.02.230. License - Hearing procedures.
5.02.240. Special hearings - Fee.
5.02.250. License - Denial, suspension or revocation - Conditions.
5.02.260. License - Denial, suspension or revocation - Procedure.
5.02.270. New license application - Waiting period required when.
5.02.280. Hearing examiners - Appointment and powers.
5.02.290. Hearings held before a hearing examiner.
5.02.310. Subpoenas.
5.02.005 Definitions.
For the purpose of this title, the following terms shall have the meanings herein
prescribed:
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A. "Business" means and includes all activities, trades, professions, or
callings engaged in within the corporate limits of Salt Lake City carried on for the
business of gain or economic benefit, except that the acts of employees rendering service
to employers shall not be included in the term "business" unless otherwise specifically
prescribed.
B.
C.
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* * *
D. 1. "Gross sales" shall not include:
a. The amount of any federal tax, except excise taxes imposed upon or with
respect to retail or wholesale sales, whether imposed upon the retailer, wholesaler, jobber
or upon the consumer, and regardless of whether or not the amount of federal tax is stated
to customers as a separate charge; and
b. The amount of net Utah state sales tax.
2. The term "gross sales" means and includes the amount of any
manufacturer's or importer's excise tax included in the price of the property sold, even
though the manufacturer or importer is also the wholesaler or retailer thereof, and
whether or not the amount of such tax is stated as a separate charge.
E. * * *
F. "Person" means any individual, receiver, assignee, trustee in bankruptcy,
trust, estate, firm, partnership, joint venture, club, company, joint stock company,
business trust, corporation, limited liability company, association, society or other group
of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or
otherwise, or any agent thereof.
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G.
* * *
5.02.010. License - Required to transact business.
It is unlawful for any person to engage in or carry on any business within Salt
Lake City, for the transaction or carrying on of which a license is required, without first
taking out or procuring a license required for such business.
5.02.030. License supervisor - Powers.
The license supervisor, and all license inspectors, in the discharge and
performance of their official duties, shall have and exercise the following powers:
A. Citations. To issue citations for the violation of any of the provisions of
this title;
B. Inspections. To enter, free of charge, at any reasonable time, any place of
business or to stop, in accordance with the law, any vehicle for which license is required,
and to demand the exhibition of such license for the current term from any person
engaged or employed in the transaction of such business or the operation of such vehicle.
5.02.060. License - Application requirements.
A. Written application. Applications for licenses and permits required by this
title shall be made in writing to the license supervisor in the absence of provision to the
contrary, which applications shall be made upon forms provided by the city. The
application shall show:
1. Name. The name of the person desiring a license;
2. License type. The kind of license desired, stating the business to be performed,
practiced or carried on;
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3. License class. The class of license desired, if such licenses are divided into
classes;
4. Place. The place where such business, calling, trade or profession is to be
carried on, giving the street number if such business is to be carried on in any building or
enclosure;
5. Term. The period of time for which such license is desired to be issued;
6. Additional information. The application shall also state such additional
information as may reasonably be required by the city as may be needed for the proper
guidance of city officials in issuing the permit or license applied for.
a. Such information may specifically include information to show that the
applicant:
i. Meets all requirements of applicable city ordinances including requirements
regarding anexpunged criminal convictions;
ii. Is not in default under the provisions of any city ordinance; and
iii. Is not indebted or obligated in any manner to the city, except for current taxes.
b. It may also show that the proposed use of any premises by the applicant
will not be in violation of city zoning regulations, that the principals of the applicant's
business are properly bonded if bonding is required, and that the applicant will otherwise
be in full compliance with all applicable city, state and federal laws and ordinances.
B. Accuracy. The truthfulness, completeness and accuracy of all of said
information provided by applicant shall be attested to by the applicant or an authorized
representative thereof.
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C. Not misleading. Failure to provide all required information or providing
false or misleading information in the application shall constitute grounds for denial of
the application or revocation of an existing permit or license, and shall constitute a
misdemeanor, if done willfully with the intent to mislead the city.
5.02.100. Investigation - Mayor's powers and duties.
A. Investigation. The mayor or his/her designee may, prior to the issuance of
any business license required by the city code, investigate any applicant for such license
if the mayor has reasonable cause to believe that the applicant:
1. Has filed an application which is incomplete, erroneous, or false in any
respect;
2. Fails in any respect to qualify to do business in the city under any federal,
state or city law, rule or regulation; or
3. Has committed such act or acts as may be grounds for revocation or denial
of a license application under any federal, Utah state, or Salt Lake City law, rule or
regulation; or
4. Investigation is provided for by city ordinance.
B. Documents and witnesses. The mayor or his/her designee may compel the
production of documents and witnesses in order to conduct such investigation as provided
by this section.
C. Application denial. Upon a finding by the mayor or the designated
hearing examiner that the application is in fact incomplete, erroneous or false in any
respect, or that the applicant is not qualified to do business in the city under any federal,
Utah state or city law, rule or regulation, or that the applicant has committed an act or
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acts which would justify denial of the application, such application may be denied by the
mayor or the designated hearing examiner after hearing, as provided in this chapter.
5.02.110 License - Issuance of certificate.
A. Formal requirements. All certificates of license shall be signed by the
mayor, attested by the city recorder under the seal of the city, and shall contain the
following information:
1. The name of the person to whom such certificate has been issued;
2. The kind of license, and the class of license, if such licenses are divided
into classes;
3. The term of the license, stating the commencing date and the expiration
date.
B. Issuance approval. No new business license certificate which requires
inspection or approval of any department of city government, whether new or renewal,
shall be delivered or mailed to the licensee until issuance of such license has been
approved by the mayor.
5.02.120 License Term Renewal.
Except as provided in subsection B of this section or its successor, all licenses
shall be payable annually in advance.
A. Licenses issued prior to January 1. 1994. Except for businesses regulated
under Title 6, all licenses issued by the city prior to January 1, 1994, shall date from the
date of issuance and shall expire on the thirty-first day of December of each year, so long
as the license is renewed annually without interruption.
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B. Title 6 licenses. All licenses issued by the city to businesses regulated
under Title 6 prior to January 1, 1994, which are renewed without interruption for 1995
shall date from the date of issuance and shall expire on the thirtieth day of June, 1995.
Said licenses shall be payable in advance for the period of January 1, 1995 through June
30, 1995. Said licenses shall be renewable on July 1, 1995 and shall expire on the thirtieth
day of June of each year thereafter and shall be issued for one year so long as the license
is renewed annually without interruption, except temporary licenses, which shall be
issued for a period of not longer than two -hundred and ten days, and Class D, Special
Events licenses which shall be for a period not to exceed seven days. Annual licenses
renewed for the period beginning July 1, 1995 shall be payable annually in advance.
C. Licenses issued January 1, 1994 or after. All licenses issued by the city on
or after January 1, 1994, shall date from issuance by the city and shall expire the next
calendar year on the first day of the same month as the original issuance.
5.02.210. License - Transfer of name or location - Fee.
A. Location transfer. Any person to whom a business license has been issued
to transact or carry on some business at a definite location in the city may make
application for the transfer of his/her business license for the sole purpose of transacting
or carrying on the same business as is therein mentioned at some other definite location in
the city by himself or herself by filing said application with the license supervisor,
together with the sum of fifteen dollars.
B. Name change. Any person who wishes to change his/her business name
for the sole purpose of transacting or carrying on the same business under a new name,
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shall file an application for the change of name on such person's business license with the
license supervisor, along with the sum of fifteen dollars.
C. Fee for transfer. If the business in question has any other licenses which
are required under this title, or its successor, the fee shall be thirty-five dollars for a
change of address and thirty-five dollars for a change of name.
D. Refundability. If the application is granted, the transfer fee shall be
deposited in the city treasury. If the application is denied the transfer fee shall be
returned to applicant. The mayor, or the mayor's designee, after receiving reports which
shall be furnished by the license supervisor, the police department and the board of
health, when necessary, may in their discretion deny or grant the transfer of any or all of
the said licenses strictly within the above limitations.
5.02.250 License -Denial, suspension or revocation --Conditions.
A. Conditions of denial, suspension or revocation. The licensee shall be
responsible for the operation of the licensed premises in conformance with the ordinances
of the city. Any business license issued by the city may be suspended or revoked, and any
application for any business license or for the renewal of any business license may be
denied, by the mayor or the designated hearing examiner, for a period of time not to
exceed three years after a hearing held before the mayor or at the mayor's direction, upon
a finding by the mayor or the designated hearing examiner of a violation of or conviction
of any of the following with respect to the licensee or licensee's, operator or agent:
1. A violation of or a conviction for violating any ordinance regulating or
governing the business for which said license was granted; or
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2. A violation of or conviction for violating any other city ordinance or law
of the state which affects the health, welfare or safety of its residents, including but not
limited to a public nuisance, and which violation or conviction relates to the business so
licensed or to be licensed; or
3. A violation of or conviction for violating an ordinance which violation or
conviction resulted from the operation of the business so licensed; or
4. Any material misrepresentation or any fraud perpetrated on the licensing
authority through application for, or operation of, said business.
B. Other grounds not precluded. These violations shall not limit, but shall be
in addition to, other grounds for the denial, suspension or revocation of any license as
provided for by ordinance.
C. Theaters -prior violations. The foregoing provisions of this section
notwithstanding, nothing herein shall authorize a revocation or suspension of any license
of any theater, motion picture house or concert hall, based on a prior conviction or
violation of exhibition or distribution of obscene material.
5.02.260. License - Denial, suspension or revocation - Procedure.
A. Hearing required -notice. Any suspension, revocation or denial of a license
by the city shall not be imposed until a hearing is first held before the mayor or a hearing
examiner appointed by the mayor. Reasonable notice of the time and place of the hearing,
together with notice of the nature of the charges or complaint against the licensee,
premises or applicant sufficient to reasonably inform the licensee or applicant and enable
him/her to answer such charges and complaint, shall be served upon the licensee or
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applicant personally or by mailing a copy to the licensee or applicant at his or her last
known address.
B. Hearing procedures. All witnesses called at such hearings shall be sworn
by a person duly authorized to administer oaths, and a record of such hearing shall be
made by a recording or a court reporter. A licensee or applicant shall have the right to
appear at the hearing in person or by counsel, or both, present evidence, present argument
on the licensee's or applicant's behalf, cross-examine witnesses, and in all proper ways
defend the licensee's or applicant's position.
5.02.270. New license application - Waiting period required when.
It is unlawful for any person, firm, corporation or any agent, manager or operator
of any person, corporation or firm who has had a license suspended, revoked or denied by
the mayor or the mayor's designated hearing examiner to reapply for or obtain a license,
or operate a business, which has been so suspended, revoked or denied during the time
that said license has been revoked, suspended or denied or for a period of one year from
the effective date of said suspension, revocation, or denial if no period of debarment is
specified by the order of suspension, revocation, or denial.
5.02.290. Hearings held before a hearing examiner.
At the conclusion of any hearing held as provided in Section 5.02.260 of this
chapter, or its successor, the hearing examiner shall issue or adopt written findings of fact
and conclusions of law and an order which is based upon and supported by the evidence
presented at the hearing. Such findings, conclusions and order shall have full force and
effect upon issuance, and shall be binding upon all parties as of the date and time of such
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issuance. The city and the licensee or applicant may appeal such findings, conclusions
and order to a court of competent jurisdiction.
5.02.310. Subpoenas.
At the request of any party, subpoenas for attendance at any hearing or for production of
books, papers, documents or tangible things shall be issued as provided in Chapter 2.59
or its successor.
Chapter 5.04.
BUSINESS LICENSES
Sections:
Article I. Administration
5.04.020. Provisions as regulatory measure.
5.04.040. License - Not required when.
5.04.050. Base license additional to all other taxes or licenses.
5.04.060. Fee - No undue burden on interstate commerce.
5.04.070. License fees levied.
5.04.080. Joint licenses.
5.04.090. Branch establishments.
5.04.094. License -Fee refund prohibited.
5.04.100. License fees - Debt to city - Collection.
5.04.110. Fees - Delinquent payments - Penalty.
5.04.114. License -Late payment -Penalty.
5.04.116. License -Fee collection -Civil actions authorized.
5.04.120. Returns not to be made public.
5.04.130. Recordkeeping required.
5.04.140. Filing false return prohibited.
Article II. Specific Businesses
5.04.160. Innkeeper license tax.
5.04.170. Telephone service revenue tax.
5.04.180. Businesses in competition with public utilities.
5.04.190. Commercial consumers of gas or electric energy.
5.04.200. Airport parking services license tax.
5.04.210. 911 emergency service fee
5.04.040 License --Not required when.
A.
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B. Disproportionate fees. With regard to subsections Al and 4 of this
section, this exemption shall not apply to any disproportionate fees which may be
applicable under Section 5.04.070 to a person doing business in the city, nor to any other
fees or charges which may be required under this code.
C.
* * *
5.04.090. Branch establishments.
A separate license must be obtained for each branch establishment or location of
business engaged in, within the city, as if such branch establishment or location were a
separate business, and each license shall authorize the licensee to engage only in the
business licensed thereby at the location or in the manner designated in such license.
Warehouses and distributing places shall be deemed to be separate places of business or
branch establishments, regardless of whether or not such are used in connection with or
incident to a business licensed under this chapter.
5.04.094. License - Fee refund prohibited.
No license fee, or any part thereof, shall be returned for any reason whatsoever
once the license has been granted or issued.
5.04.110 Fees -Delinquent payments -Penalty.
All license fees imposed by this chapter shall be due and payable upon approval
by the city of issuance of an initial business license or, in the event of renewal of an
existing license, on the day following expiration of the annual business license as set
forth in Section 5.02.120 of this title, or its successor section. In the event any fee is not
paid on or before such date, a penalty shall be assessed pursuant to the provisions of
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Section 5.04.114 of this title, or its successor section, which penalty shall become part of
the license fee imposed by this chapter.
5.04.114 License -Late payment -Penalty.
A. Late renewal fee -penalties. If any license renewal fee is not paid by the
due date, a penalty of twenty-five percent of the amount of such license fee shall be added
to the original amount thereof, and, if such amount is not paid within two months of the
due date, an additional penalty of seventy-five percent shall be added to the original
amount thereof for a total of one hundred percent of such license fee. In addition, any
licensee whose license renewal fee is not paid within sixty days of the due date shall
terminate business operations at the previously licensed location. No business shall be
conducted thereafter at said location unless and until the mayor or the mayor's designee
approves an application, notice or petition for renewal of a license or for a new license.
B. Initial fee nonpayment -penalty. When any person, firm or corporation
engages in any occupation covered by the provisions of this title, or adds anything to an
existing business which requires an additional license fee, without first paying the
required license fee, a penalty of one hundred percent of the amount of such license fee
shall be added to the original amount thereof.
C. Collection. All penalties provided for in this section shall be collected by
the license supervisor and the payment thereof shall be enforced by him or her in the
same manner as license fees are collected and payment enforced.
D. No license issuance. No license shall issue until all penalties legally
assessed have been paid in full.
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E. Other enforcement not precluded. Nothing in this section shall be
construed to prevent or in any manner interfere with the enforcement of any criminal or
civil penalty provision contained in any ordinance of the city, including but not limited to
those provisions pertaining to operation of businesses without an unexpired and valid
business license.
5.04.116 License -Fee collection -Civil actions authorized.
A. Civil actions. In all cases where a city ordinance requires that a license be
obtained to carry on or to engage in any business, occupation or calling within the city,
and the fee for such license is fixed by such ordinance, and the fee is not paid at the time
or in the manner provided in said ordinance , a civil action may be brought in the name of
Salt Lake City against the person failing to pay such license fee, in any court of this state
having jurisdiction of such action, to recover the fee. And in any case where several or
diverse amounts of license fees remain due and unpaid by any such person, such several
amounts of unpaid license fees may be joined as separate causes of action in the same
complaint in such civil actions.
B. Other enforcement. Nothing in this section shall be construed to prevent
or in any manner interfere with the enforcement of any penalty provision contained in any
ordinance of the city.
5.04.120 Returns not to be made public.
A. Returns not public. Returns made to the license supervisor, as required by
this chapter, shall not be made public nor shall they be subject to the inspection of any
person except the city supervisor or his/her authorized agent, or to those persons first
authorized to do so by order of the mayor.
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B. Release unlawful. It is unlawful for any person to make public or to
inform any other person as to the contents of any information contained in, or permit the
inspection of any return, except as in this section authorized.
C. Release subject to records laws. The foregoing not withstanding, the
retention, disclosure and release of all records received or kept by the license supervisor
shall be subject to the requirements of the Utah Governmental Records Access and
Management Act, Sections 63-2-201 et seq., Utah Code Annotated, and Chapter 2.64 of
this Code, or its successor.
5.04.130. Recordkeeping required.
Every person liable for the payment of any license fee imposed by this chapter shall keep
for three years records which accurately state the amount of such person's gross annual
sales of goods and services for any year for which such information is required by any
ordinance of the city. Such records shall also state the number of employees of the
business such that the amount of any license fee for which such person may be liable
under the provisions of this chapter may be determined.
Chapter 5.05.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Sections:
Article I. Definitions
5.05.005. Definitions and interpretation of language.
5.05.010. Applicant.
5.05.015. Certificate.
5.05.020. Holder.
5.05.025. Person.
5.05.030. Vehicle.
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Article II. Certificate Required
5.05.100. Required for operation.
5.05.105. Application - Information required.
5.05.110. Application - Public hearing.
5.05.115. Hearing - Notice to applicant, other holders and public.
5.05.120. Insurance required.
5.05.130. Application fees - For certificate or certificate of additional authority.
5.05.135. Fees.
5.05.140. Issuance - Determination authority.
5.05.145. Transfer restrictions.
5.05.150. Suspension and revocation - Conditions.
5.05.155. Vehicle business license sticker/plate issuance.
5.05.160. Vehicles - List filed with police department.
5.05.025. Person.
"Person" has the meaning as set forth in Section 5.02.005, excluding, however, the United
States, the state of Utah, or any political subdivision or instrumentality thereof.
5.05.115. Hearing - Notice to applicant, other holders and public.
Notice of the public hearing provided in Section 5.05.110, or its successor, shall
be given to the applicant, and to all persons to whom certificates of public convenience
and necessity have been theretofore issued and who are regulated under the same chapter
of this title, by United States mail, and notice shall be given the general public of the city
by posting a notice of such hearing in the office of the city recorder. Said notices shall be
given at least ten calendar days prior to said hearing.
5.05.135. Fees.
No certificate shall be issued or continued in operation unless the holder thereof
has paid the annual city base license fee, the annual city regulatory fees for the business
and for each vehicle authorized under a certificate of public convenience and necessity as
set forth in Section 5.04.070, or its successor section and any other fees or charges
21
established by proper authority and applicable to the holder or to those vehicles under the
holder's operation and control.
Division II. Specific Businesses
Chapter 5.06. ADVERTISING
5.06.020. Distribution of commercial advertising - Central business district.
5.06.030. Advertising and posters on streets.
5.06.040. Outdoor advertiser - Defined.
5.06.050. Outdoor advertising - License required.
5.06.060. Outdoor advertiser - Name to be on all signs.
5.06.070. Advertising by balloons, kites and airplanes - Conditions.
5.06.080. Advertising by balloons, kites and airplanes - Insurance required.
5.06.110. Revocation and reissuance of licenses.
5.06.120 Defacing or interfering with posted media prohibited.
5.06.130. Banners over streets prohibited.
5.06.140. Dealers to disclose identity in all advertising.
5.06.150. Deceptive advertising prohibited - Secondhand, "seconds," or blemished
merchandise.
5.06.160. False or fraudulent advertising prohibited.
5.06.020. Distribution of commercial advertising - Central business district.
It is unlawful for any person to advertise his vocation or business in any manner
in the central business district, except in accordance with Chapter 21A.46 of this code,
Signs, or its successor. The "central business district" means that area bounded on the
north by the north side of South Temple Street, on the east by the east side of 2nd East
Street, on the south by the south side of 5th South Street, and on the west by the west side
of 2nd West Street.
5.06.030. Advertising and posters on streets.
It is unlawful for any person to advertise by the use of printed signs, posters,
placards or other advertising media, upon the streets and sidewalks of the city, except in
accordance with Chapter 21A.46 of this code, Signs, or its successor.
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5.06.070. Advertising by balloons, kites and airplanes - Conditions.
It is unlawful for any person to advertise by means of any balloon, kite, glider,
airplane or other aerial device suspended in the air or moored to a stationary object within
the corporate limits of the city unless in compliance with Chapter 21A.46 of this code, or
its successor. Powered flight and free -flight advertising shall be permitted only when the
petitioner shall, in advance, obtain approval from the Federal Aeronautics Administration
and comply with all applicable ordinances of the city, and obtain the insurance required
in Section 5.06.140, or its successor.
5.06.110. Revocation and reissuance of licenses.
In addition to any other penalties prescribed by the ordinances of the city, any
violation of Section 5.06.080, or its successor, pertaining to failing to obtain insurance
shall subject the licensee to a revocation of his or her license after hearing and notice as
provided in Chapter 5.02 of this code, or its successor.
5.06.130. Banners over streets prohibited.
It is unlawful for any person to construct, erect or maintain any streamers, banners
or signs, or to suspend the same over any public street or alley of the city, without
conforming to the provisions of the city's sign regulations, Chapter 21A.46 of this code,
or its successor.
Chapter 5.12
AUTOMATIC AMUSEMENT DEVICES
Sections:
5.12.010 Definitions.
5.12.030 License -Application.
5.12.040 Distributor's license fee.
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5.12.050
5.12.060
5.12.070
5.12.080
5.12.100
5.12.110
5.12.130
Proprietor's license fee.
Number of devices -Shown on license.
Increasing the number of devices.
License -Delinquent payment -Penalty.
Name of owner shown on devices.
Personal supervision required.
Gambling prohibited.
5.12.010 Definitions.
For the purpose of this chapter, the following words shall have the meanings
defined herein:
A. "Automatic amusement device" or "device" means: (a) any machine,
apparatus or device which, upon the insertion of a coin, token or similar object operates
or may be operated as a game or contest of skill or amusement and for the play of which a
fee is charged; or (b) a device similar to any such machine, apparatus or device which has
been manufactured, altered or modified so that operation is controlled without the
insertion of a coin, token or similar object. The term does not include coin -operated
televisions, phonographs, ride machines designed primarily for the amusement of
children, or vending machines which do not incorporate features of gambling or skill.
B. "Proprietor" means any person who, as the owner, lessee or proprietor, has
under that person's control any establishment, place or premises in or upon which one or
more automatic amusement devices are available for use by the public.
5.12.030 License -Application.
An application for a license under this chapter shall be filed in writing with the
city license supervisor on a form to be provided by the city which shall include:
A.
***
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B. The address of the premises where the licensed device or devices are to be
operated, together with the character of the business as carried on at such place; and
C. The general description of the device or devices to be licensed and the
number of devices to be licensed.
5.12.050 Proprietor's license fee.
The license fee for each proprietor shall be thirty-five dollars for each automatic
amusement device used or played or exhibited for use or play. In the event any proprietor
shall engage in business at more than one location, the maximum fee provided herein
shall apply to each location.
5.12.080 License -Delinquent payment -Penalty.
Prior to any proprietor engaging in a new business, or a proprietor adding a new
location or adding any devices which require a license fee to an existing location, the
license fee shall be paid. For any license fee not so paid a penalty shall be assessed
pursuant to the provisions of subsection B of Section 5.02.190, or its successor, which
penalty shall become part of the license fee imposed by this chapter.
5.14.010 Definitions.
A. * * *
B. "Rental dwelling" means any dwelling which is available to be rented,
loaned, leased or hired out, which is arranged, designed, or built to be rented, leased or
hired out for periods of thirty days or longer.
5.14.020 License -Required for Residential Dwellings.
A. Three or more dwellings. It is unlawful for any person, as owner, lessee or
agent thereof to keep, conduct, operate or maintain any building containing three or more
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rental dwellings within the limits of Salt Lake City, or cause or permit the same to be
done, unless such person holds a current, unrevoked operating regulatory business license
under this chapter.
B. Business license —inspection permit. An owner of a building or buildings
containing three or more rental dwellings is required to obtain only one regulatory
business license for the operation and maintenance of all of such buildings regardless of
their number or location within the city. In addition to the regulatory business license, an
inspection permit shall be required for each building containing three or more rental
dwellings, regardless of whether it is part of a complex located upon the same parcel or
upon separate parcels of property owned by the same property owner. Licenses and
permits shall be issued as provided in Section 5.02.120 of this title or its successor.
C. Transfer of licensed premises. Such licenses are not transferable between
persons or structures, and persons holding such licenses shall give notice in writing
within forty-eight hours to the license office after having transferred or otherwise
disposed of the legal or equitable control of any premises licensed under these provisions.
Such notice of transferred interest shall be deemed a request to transfer the business
license, and shall include the name, address, and information regarding parties succeeding
to the ownership of control of the premises as required under Section 5.14.030 of this
chapter, or its successor.
5.14.030. License - Application.
An application for a rental dwelling business regulatory license shall be made to
the license office of the city, and shall include the following information:
A.
* * *
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B.
C.
D.
* * *
* **
* * *
5.14.080 Investigation -By building and housing services.
The original application for a rental dwelling regulatory business license shall be
referred to the building and housing services division for investigation as to whether or
not the requirements of the existing residential housing code, Uniform Building Code and
Uniform Code for Abatement of Dangerous Buildings, as adopted and amended in Title
18 of this code, or its successor, are being complied with. The building and housing
services division shall report to the license office within seven days as to the fitness of the
applicant regarding compliance with said ordinances and regulations. It shall further be
the duty of such office, after the license has been granted, to continually, and at least once
annually, examine and inspect the licensed premises with regard to building code and
zoning code compliances and approve, if appropriate, renewals of such regulatory
licenses. Should it subsequently appear that any ordinance, regulation or requirement of
the city is being violated, that fact shall at once be reported to the license office, at which
time the license office will inform the mayor and take action regarding the revocation of
said license as the mayor deems just and proper.
5.16.050. Auctioneer's license - Application.
The application for an auctioneer's license shall include the following
information:
A. Name. Name of the applicant;
B. Address. Residence and business address of the applicant;
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C. Term. The length of time for which an auctioneer's license is desired;
D. Prior licensure. A statement as to whether or not the applicant holds, or
has held, an auctioneer's license from any state, municipality, governing body or
licensing authority
E. Criminal history. A statement as to whether or not the applicant has ever
been convicted of any crime, misdemeanor, or violation of any municipal ordinance,
other than non-alcoholic related traffic offenses, and if so, the nature of the offense and
the punishment or penalty assessed therefor;
F. Photograph. A photograph of the applicant, taken within sixty days
immediately prior to the date of the filing of the applicant, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant in a clear and
distinguishing manner; except that the city license supervisor may waive this requirement
with respect to an application for renewal of an auctioneer's license by an individual
holding an unexpired auctioneer's license issued under this chapter who has in a previous
application under this chapter complied with this requirement;
G. Fingerprints -references. The fingerprints of the applicant and the names
of at least two reliable property owners of Salt Lake County who will certify s to the
applicant's good moral character and business responsibility, or, in lieu of the names of
references, any other available evidence as to the good moral character and business
responsibility of the applicant as will enable an investigator to properly evaluate such
moral character and business responsibility; except that the city license supervisor may
waive this requirement with respect to an application for renewal of an auctioneer's
license by an individual holding an unexpired auctioneer's license issued under this
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chapter who has in a previous application under this chapter complied with this
requirement.
5.16.100. Auctioneer's license - Denial or revocation conditions.
An auctioneer's license may be revoked by the city license supervisor, or an
application for issuance or renewal of such license may be refused by the city license
supervisor, if he or she determines, after notice and hearing:
A. That the applicant or license holder has committed any of the violations set forth
in Section 5.02.250, or its successor; or
B.
C.
D.
E.
F. That the applicant or license -holder has conducted an auction sale in the
city or offered for sale at an auction in the city, any real or personal property (goods,
wares or merchandise) in an unlawful manner, or in such a manner as to constitute a
breach of the peace or a menace to the health, safety or general welfare of the public.
5.16.110. Denial or revocation - Required notice of hearing.
Notice of the hearing provided for in the proceeding section shall be given in
writing to the applicant or license -holder as provided in Section 5.02.260, or its
successor. The applicant or license -holder shall have the right to be represented at such
hearing by counsel. Such hearing shall be conducted in accordance with Chapter 5.02, or
its successor.
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5.16.360. Equivalent alternative methods of regulation.
A. Written petition. Whenever a person regulated under this chapter alleges
that specified requirements of this chapter are impracticable or excessively burdensome
as applied to such person, he/she may file with the mayor a written petition setting forth
such allegations and presenting suggested methods of regulation of such person by the
city in lieu of enforcement of the specified requirements of this chapter so objected to.
The mayor may either approve or deny the proposed alternative methods of regulation
proposed by the petitioner or may approve other alternative methods of regulation. Upon
approval by the mayor, such alternative regulation(s) shall be as obligatory upon the
petitioner as if such had been specific requirements set forth in this chapter, and the
violation of any of which alternate regulations shall be a misdemeanor.
B. Standard for approval. The standard for approval of any such alternative
regulation(s) shall be that they are equivalent to the requirements of this chapter which
they would supplant, in meeting the objectives which underlie this chapter, namely,
inhibiting theft and trafficking of stolen merchandise, and providing adequate opportunity
for examination by the police of transactions governed by this chapter.
Chapter 5.22.
CLOSING -OUT SALES
5.22.010. Definitions.
5.22.020. License - Required to do business.
5.22.030. Exemptions to chapter.
5.22.040. License - Application.
5.22.050. License - Fee.
5.22.060. License - Eligibility - Exception.
5.22.070. License - Issuance conditions - Term.
5.22.080. License - Renewal term and fee.
5.22.090. License - Display required.
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5.22.100. License - Revocation.
5.22.110. Rules and regulations for operation.
5.22.120. Records to be kept.
5.22.130. Mingling of goods prohibited.
5.22.140. Each sale separate offense when.
5.22.150. Failure to comply with chapter prohibited.
5.22.160. Closing out sale - Resumption of business prohibited.
5.22.040. License - Application.
An application for such license shall be in writing, executed by the applicant
under oath, and shall include the following information:
A.
B.
C.
D.
E.
F.
* * *
* **
* **
* * *
* * *
* **
G. Additional information that the license supervisor may require under
Section 5.02.060, or its successor.
5.22.100. License - Revocation.
A license granted pursuant to this chapter may be revoked by the license
supervisor if:
A. * * *
B. * * *
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C. The licensee has violated any of the provisions of this chapter, of the laws
pertaining to advertising, or has committed other violations as set forth in Section
5.02.250, or its successor.
5.22.160. Closing -out sale - Resumption of business prohibited.
No person shall, upon the conclusion of any sale as defined in this chapter,
continue to conduct a business or business operation of the same or similar nature to that
for the discontinuance of which such license was issued at the same premises; nor shall
such person, within one year after conclusion of such sale, resume such business at the
same premises or at any other location within the city.
5.37.080. Fees - Annual operation.
No certificate shall be issued or continued in operation unless the holder thereof
has paid the required annual business regulatory fees as set forth in Section 5.04.070, or
its successor.
5.40.010. Definitions.
As used in this chapter:
A. "Applicant" means any person applying for a license hereunder.
B. "Locksmithing" means the installation, change, removal, construction,
reconstruction, repair, adjustment, manufacture or duplication of locks, combinations for
safes, toolboxes, vaults, and the duplication of keys.
5.40.050 License -Application requirements.
A. Information required. Every application for a license and application for
license renewal hereunder shall be filed with the license office, and shall include the
following information verified under oath:
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1.
2.
3.
* * *
* * *
* * *
4. A statement disclosing whether the applicant has ever been convicted of a
felony or misdemeanor, other than nonalcohol-related traffic offenses, and, if so, the
nature of the offense, and where and when it was committed.
B. Photograph and fingerprints required. Every applicant for license or
renewal of license hereunder shall also be required to furnish the following:
1.
2.
* **
* **
5.40.070. Investigation of applicant - Approval conditions.
A. Police recommendation. After investigation of each applicant, the chief of
police shall recommend to the mayor either approval or denial of each application. Any
recommendation of approval from the chief of police shall be based on an affirmative
finding in each of the following:
1.
2.
3.
* * *
* **
* **
B. Mayoral consideration. The mayor shall, upon consideration of the
application and the police recommendation, approve or reject the application.
C. Hearing upon rejection. If the application is rejected, the applicant shall
be entitled to a hearing in accordance with the provisions of Chapter 5.02, or its
successor.
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5.40.090. License - Issuance - Identifying number.
Upon approval of an application, the city shall issue a license to the applicant
which license shall bear the applicant's name, address, age, signature, photograph and
identifying number.
5.40.120. License - Revocation conditions.
Any license granted or extended under this chapter may be revoked or suspended
by the mayor or the mayor's designated hearing examiner after a hearing, with notice
being given to the licensee as provided in Chapter 5.02, or its successor, resulting in an
affirmative finding by the mayor or the mayor's designated hearing examiner in any of
the following:
A.
B.
C.
D.
* **
* * *
* * *
* **
5.50.060. Class B and C licenses - Issuance conditions.
Licensure requirements -Class C private club. A Class C license shall be issued to
all private clubs which have complied with all of the following requirements:
A. Register with the Utah Division of Corporations and Commercial Code or
its successor as a nonprofit corporation;
B. Secure a beer and/or private club liquor license from the state of Utah in
accordance with the Alcoholic Beverage Control Act or its successor .
Licensure requirements -Class B private club. A Class B license shall be issued to
all private clubs which have complied with the requirements of subparagraphs A and B of
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this Section and in addition maintain food -service and full restaurant kitchen facilities
and meet the alcohol (including beer and intoxicating liquor) to food ratio required for a
Class B retail license as set forth in Section 6.08.050 of this code or its successor.
Classes B and C-permit for sale and consumption of alcohol. Said licenses shall
permit the sale and consumption of beer (whether packaged, draft or sold in other
containers) and intoxicating liquors on the premises.
5.50.070. Class B licenses - Location restrictions.
No Class B or C nonprofit club license authorized under this chapter may be
issued to or for any premises in violation of the provisions of Section 6.08.120, or its
successor.
5.50.090. Application - Police chief investigation.
All applications filed in accordance with the provisions of this chapter shall be
referred to the chief of police for investigation, inspection and report. The chief of police
shall, within thirty days after receiving such application, forward a report to the business
license supervisor showing the results of his or her investigation of the parties and
references listed on the application, and the proximity of the proposed licensed premises
to any church, public park, or school.
5.50.110. License - Fee schedule.
Applications provided for in this chapter shall be accompanied by the fees
hereinafter provided, which fees shall be deposited in the city treasury and returned to the
applicant if the license is denied for a Class A, B, or C license, the fee shall be as set forth
in Section 5.04.070, or its successor, per year, or any part thereof, plus any other license
fees required by city ordinances.
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5.50.130. License - Suspension or revocation conditions.
Licenses may be suspended or revoked by the mayor for the violation of any
provisions of this chapter or any other applicable ordinance or law relating to alcoholic
beverages, or for violations set forth in Section 5.02.250, or its successor. The mayor or
the mayor's designee shall conduct a public hearing prior to revocation after serving
notice of the hearing upon any officer or director of the licensee or by posting such notice
upon the licensed premises as provided in Chapter 5.02, or its successor.
5.50.170. Private club - Membership restrictions.
A. Membership and guests. No person shall be allowed on the premises of any
private club required to be licensed under the provisions of this chapter, unless said
person holds a membership in such private club or is an actual guest of such member. A
person is an actual guest of a member only when such person is accompanied by the
member who is physically present at the club.
B. Barriers outdoors. In outdoor areas, ingress and egress into any private club
shall be controlled by barriers which are a minimum of five feet high and which are
capable of preventing contact between persons inside the licensed premises and persons
who are outside the licensed premises. The barriers shall be in conformity with the city's
planning and zoning ordinances, the building code, and all other applicable city
ordinances.
5.50.180 Liquor - Sale, supply and service.
It is unlawful for any private club, acting through its employees or managing
director, or any employee, member, guest, club officer or director to serve liquor on or at
the premises or facilities during the following days or hours:
A. On the day of any state or national election until after the polls are closed;
or
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B. On Sunday and any state or federal legal holiday after twelve midnight and
before twelve noon;
Chapter 5.54. RESTAURANTS
5.54.010. Definitions.
As used in this chapter:
A. "Food booth" means a temporary restaurant operating in the form of a
booth from which food or drink is prepared, served or offered for sale or sold for human
consumption during a licensed and approved event, for a period not to exceed seven days.
All provisions of this chapter shall apply to food booths except Section 5.54.090, or its
successor.
B. "Restaurant" means any place of business where food or drink is prepared,
served and offered for sale or sold for human consumption on or off the premises.
5.54.040 Restaurant license -Fee.
The license fee required for a restaurant shall be at the rate as set forth in Section
5.04.070, or its successor. For out-of-doors restaurant facilities and for rooms used for
occasional banquets but not used for continuous dining, the fee shall be at the rate of as
set forth in Section 5.04.070, or its successor.
5.54.060 Application -Referral to health director.
All applications for a restaurant license shall be referred to the health department
for investigation and recommendation in accordance with the health ordinances and
regulations, of the city and the health regulations of the Salt Lake City -County Health
Department.
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5.54.080 Compliance with health ordinances required.
It is unlawful for any person to operate a restaurant in the city without complying
strictly with the health ordinances and regulations of the city and the health regulations of
the Salt Lake City -County Health Department.
5.54.130 Prohibited activities in restaurants.
It is unlawful for any person licensed under the provisions of this chapter, in any
licensed place of business under this chapter, to: (A) permit any person to solicit any act
of prostitution or solicit for hire any sexual conduct, as defined in Chapter 11.16, or its
successor; or (B) permit any vulgar, obscene, gross, indecent or immoral act, conduct, or
disorder, or any sexual conduct, as defined in Chapter 11.16, or its successor.
5.54.150 Offensive behavior prohibited.
A. Offensive conduct. It is unlawful for the keeper, manager or the person in
charge of any restaurant or public dining room to permit any person to conduct himself or
herself, by word or act therein, or in any room, booth or other place connected therewith,
in such manner as to constitute disturbing the peace, disorderly conduct, or a public
nuisance under this code, or to constitute an offense involving morals, under Chapter
11.16, or its successor.
B. Appearance standards. It is unlawful to permit any dancer, entertainer or
other person to appear in or on such place of business nude or seminude as defined by
Section 5.61.040, or its successor, unless the licensed business complies with Chapter
5.61, or its successor.
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Chapter 5.60. SECONDHAND AND JUNK DEALERS
5.60.010. Definitions.
For the purpose of this chapter the following words shall have the meanings as
defined in this section:
A.
B.
C.
D.
E.
* * *
* * *
* **
* **
* * *
F. "Secondhand computer dealer" means any person engaging in the business
of purchasing, bartering, exchanging or selling secondhand computers and/or computer
parts.
G. "Secondhand compact disk dealer" means any person engaging in the
business of purchasing, bartering, exchanging or selling secondhand compact disks or
"cd's".
5.60.020. License - Required.
It is unlawful for any person to operate as a secondhand dealer, secondhand
computer dealer, secondhand compact disk dealer, secondhand precious metal and/or
precious gem dealer, junk dealer, junk collector or an antique dealer without first
obtaining a license to do so.
5.60.030. License - Fee.
The license fee for each of the businesses defined in this chapter shall be as set
forth in Section 5.04.070, or its successor section, including:
39
A. Antique dealer;
B. General secondhand dealer;
C. Secondhand junk collector;
D. Secondhand junk dealer ;
E. Secondhand precious metal and/or precious gem dealer;
F. Secondhand computer dealer; and
G. Secondhand compact disk dealer.
5.60.100. Equivalent alternative methods of regulation.
A. Written petition. Whenever a person regulated under this chapter alleges
that specified requirements of this chapter are impracticable or excessively burdensome
as applied to such person, he/she may file with the mayor a written petition setting forth
such allegations and presenting suggested methods of regulation of such person by the
city in lieu of enforcement of the specified requirements of this chapter so objected to.
The mayor may either approve or deny the proposed alternative methods of regulation
proposed by the petitioner or may approve other alternative methods of regulation. Upon
approval by the mayor, such alternative regulation(s) shall be as obligatory upon the
petitioner as if such had been specific requirements set forth in this chapter, and the
violation of any of which alternate regulations shall be a misdemeanor.
B. Standard for approval. The standard for approval of any such alternative
regulation(s) shall be that they are equivalent to the requirements of this chapter which
they would supplant, in meeting the objectives which underlie this chapter; namely,
inhibiting theft and trafficking of stolen merchandise, and providing adequate opportunity
for examination by the police of transactions governed by this chapter.
40
5.60.140. Dealing with certain persons prohibited.
It is unlawful for any person licensed pursuant to this chapter, or any employee of
any person licensed pursuant to this chapter, to receive any items from a person who is
under eighteen years of age without the written consent of the parent or guardian of such
person, or who is either intoxicated or obviously mentally deficient.
Chapter 5.64. SOLICITATION, PEDDLING AND SALES PROMOTION
ACTIVITIES
Sections:
Article I. General Provisions
5.64.010. Displaying materials on streets - Permit required - Limitations.
5.64.020. Solicitors to appear for interview.
Article II. Interstate and Intrastate Commerce Solicitation and Selling
5.64.120. Registration - Required.
5.64.130. Registration - Fee - Identification card.
5.64.140. Registration - Photographs and fingerprints.
Article III. Peddling in the Downtown Area
5.64.240. Permission required - Downtown area designated.
5.64.250. License fees.
5.64.260. Meat food products - Peddling restrictions.
5.64.270. Medicines prohibited.
Article IV. Telephone Solicitation
5.64.280. Permit required - Fee.
Article V. Temporary Merchants
5.64.290. Definitions.
5.64.300. License - Required.
5.64.310. License - Fee.
5.64.320. Participant license - Required.
5.64.330. Participant license - Fee.
5.64.340. Temporary merchant sponsor license - Required.
5.64.350. Temporary merchant sponsor license - Fee.
5.64.360. Merchants and merchant sponsors - Information required.
5.64.370. Identity of merchants - Hearing and determination.
5.64.380. Each sale without a license - Separate offense.
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Article VI. Miscellaneous Door -to -Door Sales
5.64.410. License and identification required - Fee.
5.64.420. Photographs and fingerprints.
5.64.430. Registration fee.
Article II. Interstate and Intrastate Commerce Solicitation and Selling
5.64.120. Registration - Required.
A. It is unlawful for any person to solicit for the sale of, offer for sale, or sell,
from house to house or from place to place within the corporate limits of the city, any
goods, wares or merchandise whatsoever, subscriptions to any kind of publication,
tickets, coupons or receipts representing value or redeemable in any kind of
consideration, whether the same are part of interstate commerce or are solely and strictly
within intrastate commerce, without first having registered with the chief of police. In so
registering, the person desiring to solicit as above described shall complete a registration
form provided by the city showing his or her name and home address, and the name and
home address of the person, firm or corporation which said person represents.
B. It is the declared object and purpose of the city in passing the ordinance
codified herein not to place interference or burden on interstate commerce or on
constitutionally protected free speech. Rather, said ordinance is passed as an exercise of
the police power for the identification of individuals desiring to solicit business within
the corporate limits of the city and for the protection of the residents of the city.
C. Exceptions -Religious and charitable solicitations. The requirements of
this Article shall not apply to persons or organizations conducting religious solicitations
nor to charitable solicitations which are registered with the Utah Division of Consumer
Protection as required by the Utah Charitable Solicitation Act or its successor.
42
5.64.130. Registration - Fee - Identification card.
The chief of police shall collect from each person registered pursuant to this
chapter or its successor, at the time of registration, a sum to be determined by the mayor
or the mayor's designee, but not to exceed twenty-five dollars, which sum shall be
remitted by the chief of police to the city treasurer. Upon payment of the fee, and
provided the person has completed and satisfactorily meets all of the requirements of this
chapter, the police chief shall issue to the applicant an identification card which shall
constitute a permit for solicitation as provided in this chapter for the period of time stated
thereon. Every person issued an identification card by the police chief shall wear said
card in a conspicuous location on the solicitor's outer clothing, above the waist, at all
times during any solicitation activity such that the said card is readily visible to persons
being solicited.
5.64.140. Registration - Photographs and fingerprints.
At the time of registering, the person desiring to solicit pursuant to this chapter, or
its successor, shall furnish the chief of police with one photograph; also, a set of
fingerprints shall be taken by the chief of police and the person shall sign his or her name
on the registration record kept by the chief of police.
5.64.240. Permission required - Downtown area designated.
A. Downtown area. It is unlawful for any person, without specific written
permission of the mayor or the mayor's designee, to peddle, sell or offer for sale any
magazine subscriptions, goods, wares or merchandise whatsoever, in, upon or along any
of the following streets:
1. South Temple street from Second East street to Fourth West street;
43
2. First South street from Second East street to Fourth West street;
3. Second South street from Second East street to Fourth West street;
4. Third South street from Second East street to Fourth West street;
5. Fourth South from Second East Street to Fourth West street;
6. State Street from North Temple street to Ninth South street;
7. Main Street from North Temple North street to Ninth South street;
and no license shall be granted to any person to peddle in, upon or along the said streets
above described.
B. Application and hearing. Any person seeking permission to sell in the
above -described areas shall make written application to the mayor or the mayor's
designee. Upon receipt of a written application therefor, the mayor or mayor's designee
shall hold a public hearing and the hearing officer may, upon a finding of the following
conditions , grant to such person permission to display or sell merchandise on the city
streets at such location and for such period of time as is specifically stated in such written
permit: That such permit will not: (1) create an undue concentration of such peddlers; (2)
materially interfere with the free flow of traffic, pedestrian or vehicular; (3) create an
undue burden in controlling and policing illegal activities in the vicinity; (4) create a
nuisance to the community; or (5) adversely affect the health, safety and morals of the
residents of the city. Such permission granted may be revoked by the mayor or mayor's
designee at any time without cause.
C. Religious and charitable solicitations. The requirements of this Article VI
shall not apply to persons or organizations conducting religious solicitations nor to
44
charitable solicitations which are registered with the Utah Division of Consumer
Protection as required by the Utah Charitable Solicitations Act or its successor.
5.64.290. Definitions.
For the purpose of this Article VIII, the following words and phrases shall be
defined as follows:
A. "Participant" means a temporary merchant, not licensed as such,
participating in a sales event.
B. "Religious or charitable organizations" means any organization which can
provide written approval from the Internal Revenue Service that the organization has
been granted tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, or
its successor.
C. "Sales event" means an event where two or more temporary merchants,
not more than one of whom is licensed as a temporary merchant, display any goods,
wares or services at a location in the city for the purpose of sale or soliciting orders to be
filled in the future, for financial gain or profit.
D. 1.***
2. * * *
E. "Temporary merchant sponsor" means any person who leases or rents a
building or portion of a building or other space for the purpose of conducting a sales
event with two or more participants.
5.64.310. License - Fee.
The license fee for engaging in, carrying on or conducting business as a temporary
merchant shall be the sum set forth in Section 5.04.070, or its successor.
45
5.64.330. Participant license - Fee.
The license fee for a participant shall be as set forth in Section 5.04.070, or its
successor.
5.64.350. Temporary merchant sponsor license - Fee.
The license fee for a temporary merchant sponsor shall be as set forth in Section
5.04.070, or its successor. A licensed temporary merchant is exempt from the
requirements of this section.
5.64.370. Identity of merchants - Hearing and determination.
A. Merchant -Dispute as to status. If an applicant claims to be a permanent
merchant and nevertheless is required to take out a temporary merchant license, the
license office shall so notify the applicant in writing; and if the applicant 1 denies in
writing that he, she or it is a temporary merchant within the terms of subsection F of
Section 5.64.290, or its successor, the license office shall submit to a hearing examiner
for a hearing in accordance with Chapter 5.02, or its successor, to take up for hearing the
question as to whether the applicant is or is not a temporary merchant.
B. Hearing -determination. At the time and place named in the notice, the
hearing examiner shall take up the matter and shall determine the question upon the facts
presented, and shall enter an order according to the hearing examiner's judgment upon the
facts so presented. If the hearing examiner determines that the applicant is a temporary
merchant, the applicant shall pay the license fee provided in Section 5.64.310, or its
successor, or, in lieu of payment of the license fee, the applicant may give a corporate
surety bond to the city in the penal sum of two thousand dollars, to be approved by the
mayor, to secure the payment of the license fee required in the event the applicant fails to
46
become a permanent merchant. If the applicant remains in business in the city for six
months, the applicant shall be deemed a permanent merchant, and the bond shall
thereafter be of no force and effect.
5.68.020. Findings and use restrictions.
A. Sound devices -detrimental. It is hereby declared that to use or operate any
sound device or apparatus is detrimental to the health, welfare and safety of the
inhabitants of the city, in that such use or operation diverts the attention of pedestrians
and vehicle operators in the public streets, parks and places, thus increasing traffic
hazards and causing injury to life and limb. Such use or operation disturbs the public
peace and comfort, and the peaceful enjoyment by the people of their right to use the
public streets, parks and other public places, and disturbs the peace, quiet and comfort of
the neighboring inhabitants.
B. Prohibition or regulation. Therefore, it is hereby declared that the
prohibition of such use or operation for commercial or business advertising purposes and
the proper regulation of such use and operation for all other purposes is essential for the
protection of the health, welfare ad safety of the inhabitants of the city, to secure the
health, safety, comfort, convenience and peaceful enjoyment by the people of their rights
to use the public streets, parks and places for street, park and other public purposes, and
to secure the peace, quiet and comfort of the city's inhabitants
C. Costs of regulations. It is further declared that the expense of supervising
and regulating the use and operation of such sound devices and apparatus for purposes
other than commercial and business advertising should be borne by the person or persons
using and operating such devices and apparatus, and that the requirement of a nominal fee
47
for the issuance of a permit for such use and operation as hereinafter prescribed is
intended to defray the expenses of regulating such use or operation for the health, welfare
and safety of all the people.
5.74.030. License - Application requirements.
Every application for a theater, concert hall, motion picture house or other place
of amusement shall be verified and filed with the license supervisor of the city, addressed
to the mayor, and shall include the following information under oath:
A.
B.
C.
D.
E.
F.
* **
* * *
* * *
* * *
* * *
* * *
5.74.180. License - Suspension or revocation - Procedures.
A. Hearing and notice. Any suspension or revocation of a license pursuant to
this chapter shall not be had until a hearing is first held before the mayor or the mayor's
designee as provided in Chapter 5.02 or its successor. Reasonable notice of the time and
place of such hearing, together with notice of the nature of charges or complaint against
the licensee or its premises sufficient to reasonably inform the licensee and enable him or
her to answer such charges and complaint, shall be served upon the licensee as provided
by the Utah Rules of Civil Procedure.
B. Exhaustion of remedies. If a violation is found by the mayor or hearing
examiner, or a conviction is obtained under subsection Al of Section 5.74.170, or its
48
successor, such revocation or suspension shall not take effect until the license holder or
individual found in violation or convicted thereunder has had opportunity to exhaust all
his or her administrative and appellate remedies.
5.76.120. Fees.
No certificate shall be issued or continued in operation unless the holder thereof
has paid an annual disproportionate business regulatory fee as set forth in Section
5.04.070, or its successor.
5.76.380. Hearing upon rejection.
If the application is rejected, the applicant may request a hearing in accordance
with Chapter 5.02, or its successor, to offer evidence why such applicant's application
should be reconsidered.
5.76.430. Suspension and revocation conditions.
The mayor is hereby authorized to suspend any driver's license issued under this
chapter for a driver's failing or refusing to comply with the provisions of this chapter,
such suspension to last for a period of not more than sixty days. The mayor is also
authorized to revoke any driver's license for failure to comply with the provisions of this
chapter. However, a license may not be revoked unless the driver has been given notice
and has had an opportunity to present evidence in his or her behalf at a hearing in
accordance with Chapter 5.02, or its successor. Notice shall be given as provided in
Section 5.02.260, or its successor, to the address designated on the driver's license.
49
5.76.470. Periodic inspections.
Every special transportation vehicle operating under this chapter shall be
inspected every six months by the city and as required by state law to insure the
continued maintenance of safe, clean and proper operating conditions.
5.84.040. License -Fees.
The fee for a wrecker service license shall be as set forth in Section 5.04.070, or
its successor.
5.84.070. Operation and vehicle storage specifications.
A. A license, as provided in Sections 5.84.010 and 5.84.030, or their
successors, shall be issued upon application to the city license supervisor, and upon a
sufficient showing that:
1. Vehicle storage facility. The prospective licensee has a vehicle storage
facility which is within the city corporate limits No vehicle may be moved to a location
which is not within the city limits, without the prior consent of the owner or operator of
the vehicle. Such storage facility must be completely enclosed by a fence of at least six
feet in height and properly secured so as to minimize the hazard of theft and vandalism. A
violation of this section shall be grounds for immediate termination of the license granted
by this chapter;
2. Towing devices. Each wrecker is properly equipped with all towing devices
necessary to adequately and safely transport a vehicle from the point of pickup to the
point of delivery;
3. Visible identification. Each wrecker is properly identified by the name and
address of the licensee affixed to the vehicle in a readily visible location;
50
4. Answering service. An efficient answering service is available to insure
prompt response;
5. State law compliance. Any wrecker service desiring to be licensed by Salt
Lake City Corporation is in full compliance with Chapter 9, Title 72, Utah Code
Annotated, 1953, or its successor;
6. Required inspection. Each tow truck has passed current inspection by the
State Department of Transportation for the relevant year. The licensee shall present to the
police department, for inspection, proof of required state inspection, prior to the license
being issued and prior to the vehicle being used for any towing purposes. Any licensee
using a tow truck that does not have required State Department of Transportation
inspection, as verified by the police department or for which all fees have not been paid
to the city, shall be subject to suspension of the license required by this chapter;
7. Provide proof of workers compensation insurance. It is unlawful for any
person to engage in towing operations within the corporate limits of the city, if such
person's place of business is within the limits of the city or is not licensed in another
municipality or county, unless the person operating such business has a valid Salt Lake
City license granted in compliance with the provisions of this chapter. Such license shall
be in addition to the license required by Sections 5.84.020 and 5.84.030 of this chapter, or
their successors.
8. Response time requirement. The licensee shall respond to the scene within
fifteen minutes of the call. Failure of the licensee to respond within fifteen minutes may
result in cancellation of the call and placement with another licensee. Failure of a licensee
51
to meet the fifteen -minute response time five times within a twelve-month period shall be
grounds for termination of the permit granted by this chapter.
5.84.100 Definitions.
The following words and phrases, whenever used in this chapter, shall be defined as
provided in this section unless a different meaning is specifically or more particularly
described:
A. "Nonconsensual towing" means the towing of a vehicle without the prior
consent of the owner of such vehicle.
B. "Towing operations" means the business of nonconsensual towing, for
compensation, of motor vehicles within the corporate limits of the city, whether or not the
towing extends beyond the city limits. Such business shall also include the storage of the
towed vehicles, pending their return to the owners, by the person who towed such vehicle
or by some other person for the person who towed such vehicle.
5.84.110. License - Required.
It is unlawful for any person to engage in towing operations within the corporate
limits of the city, if the place of business is within the limits of the city or is not licensed
in another municipality or county, unless the person operating such business has a valid
Salt Lake City license granted in compliance with the provisions of this chapter. Such
license shall be in addition to the license required by Sections 5.84:920-and 5.84.030 of
tC1
this chapter, or their successors.
5.84.130. License - Application.
Application for license hereunder shall be filed in writing with the city license
supervisor on a form to be provided by the city which shall include:
52
A.
B.
C.
D.
E.
* * *
* **
* * *
* * *
* **
5.84.140. License - Fee.
The fee for obtaining a license required by Section 5.84.110, or its successor, shall
be as set forth in Section 5.04.070, or its successor.
Chapter 5.86. MISCELLANEOUS BUSINESSES
5.86.010. Street occupations in downtown area prohibited - Exceptions.
5.86.020. Doing business on streets unlawful unless so licensed.
5.86.030. Soliciting patronage upon streets prohibited.
5.86.053. Automobile trailer courts - Definitions.
5.86.054. Automobile trailer courts - License required.
5.86.055. Automobile trailer courts - License application.
5.86.056. Automobile trailer courts - License fee.
5.86.057. Automobile trailer courts - Display of license.
5.86.170. Drugs - Sale on streets prohibited.
5.86.180. Drugs and medicines - Labeling requirements.
5.86.190. Gas selling - Definitions.
5.86.200. Gas selling - License required.
5.86.210. Gas selling - Fee for license.
5.86.303. Nursing homes - Definitions.
5.86.304. Nursing homes - License required.
5.86.305. Nursing homes - License application.
5.86.306. Nursing homes - License fee.
5.86.390. Retail service station - Defined.
5.86.400. Retail service station - License required.
5.86.410. Retail service station - Fee for license.
5.86.420. Retail service station - Location licensing.
5.86.460. Tobacco sales - License required.
5.86.470. Tobacco sales - Application for license.
5.86.480. Tobacco sales - Fee for license.
5.86.010. Street occupations in downtown area prohibited - Exceptions.
53
Unless specifically allowed by city ordinance, it is unlawful for any person to
engage in or carry on the business of selling lunches or any article or thing, merchandise
or commodity from or in wagons, carts, cars or any other vehicle or structure, in or upon
the streets of Salt Lake City within the district bounded on the north by the north side of
North Temple Street, on the east by the east side of Second East Street, on the south by
the south side of Fifth South, and on the west by the west side of Fourth West Street;
provided, that newsracks may be permitted to occupy space in such district, hereinafter
the "Expanded CBD," in compliance with the regulations of Chapter 14.36, Newsracks,
and Title 21, Zoning, of this code, or their successors.
5.86.410. Retail service station - Fee for license.
The license fee for a retail service station shall be as set forth in Section 5.04.070,
or its successor.
5.86.470. Tobacco sales - Application for license.
The application for the license required by Section 5.86.460, or its successor, shall
include: (a) a copy of the applicant's federal ATF license; and (b) a statement of the
applicant, under oath, identifying the location of the place of business and setting out the
value of the stock of cigars and tobaccos of the applicant at the time of making the
application. The application shall be filed with the city license supervisor.
SECTION 4. That the following Sections of Title 6, Salt Lake City Code, be, and
the same hereby are, amended to read as follows:
6.08.010 License requirements - Wholesalers.
It is unlawful for any person to engage in the business of selling beer at wholesale
within the limits of the city without first meeting the requirements for a wholesale
54
license therefor from the State Alcohol Beverage Control Commission. The City's
license shall be deemed "local consent" as required by Section 32A-11-102(1)(c), Utah
Code Annotated 1953, as amended.
6.08.020 License requirements --Retail sales.
A. * * *
B. A separate license shall be required for each place of sale, and the license
itself shall identify the specific premises covered thereby. Each license shall at all times
be conspicuously displayed in the place to which it shall refer or for which it shall be
issued.
C. All licensees shall comply with the provisions of the State Alcoholic
Beverage Control Act, or its successor; the regulations of the Alcoholic Beverage Control
Commission; and this chapter. Every license shall recite that it is subject to revocation
under Section 6.08.230 of this chapter, or its successor.
D. All licenses shall comply with zoning ordinances and with the location
restrictions of section 6.08.120, or its successor, applicable to the location of the premises
for which the license is issued.
6.08.030 Retail license classifications.
Retail licenses issued under the provisions of this chapter shall be classified into
the following types, which shall carry the privileges and responsibilities hereinafter set
forth in this chapter:
A. Class A;
B. Class B;
C. Class C;
55
D. Class D, Special Events license;
E. Class E;
F. Class F; Brew Pubs and Microbreweries;
G. Temporary ;
H. Government -owned.
6.08.040. Class A licenses.
A. A Class A retail license shall entitle the licensee to sell beer on the
premises described in such license in original containers for consumption off the
premises, in accordance with the Alcoholic Beverage Control Act of Utah and this code;
provided, however, that it is unlawful for the licensee to sell or distribute beer in any
container larger than two liters.
B. It is unlawful for a licensee of a Class A retail license at any hotel, motel,
rooming house or boarding house to sell beer in original containers from multiple beer
dispensing facilities located in separate rooms of the hotel, motel, rooming or boarding
house, unless: (1) such dispensing facilities are securely locked, and (2) access to the
contents of such facilities is restricted by the licensee to hotel, motel, rooming or
boarding house patrons who are twenty-one years of age or older and who have duly
rented such room in which such dispensing facility is located. For purposes of this
section, the consumption of beer in such room duly rented by such patron shall be
deemed consumed off the premises of the hotel, motel, rooming or boarding house.
6.08.050 Class B Licenses
A. A Class B retail license shall entitle the licensee to sell beer in draft or in
the original containers only for consumption on the premises.
56
B. Only bona fide restaurants, where a variety of hot food is prepared and
cooked and complete meals are served to the general public in connection with indoor
dining accommodations, and which food sales constitute at least seventy percent of the
gross dollar values of licensee's business during each month of the license period, shall
be entitled to Class B licenses.
C. 1. The holders of Class B licenses shall maintain records which shall
disclose the gross sales of beer and the gross sales of food served for consumption on the
licensed premises during each and every month of the year, and shall maintain those
records for a minimum of two calendar years from the date such records are made.
2. In those licensed premises which are also licensed to allow
consumption of liquor on the premises in accordance with ChapterX6.16 of this code or
its successor, the sale of carbonated and non -carbonated soft drinks, soda water, water
and other mixers shall not constitute the sales of food within the meaning of this chapter.
Each licensee shall maintain a separate record which shall disclose the gross sales of such
drinks during each and every month of the year. The foregoing sales shall be shown
separately in the records and each licensee shall retain all invoices, vouchers, sales slips,
receipts and other records of purchases of beer, soft drinks and food from the licensee's
suppliers.
3. Such records and supporting data shall be available for inspection and
audit by the city. Failure to maintain or supply the records shall be cause for suspension
or revocation of the license.
D. If any audit or inspection discloses that the sales of food served for
consumption on any licensed premises under this chapter are less than seventy percent of
57
the gross dollar volume of business for any month, the Class B license of such licensee
may be suspended by the mayor or the mayor's designee, after the licensee has been
afforded notice and a hearing regarding such license in accordance with the city's license
hearing procedures.
E. It is unlawful for any licensee, operator, manager or any other person in
charge of a restaurant holding a Class B retail license to:
1. Sell food for consumption on the premises in an amount which constitutes
less than seventy percent of the restaurant's gross dollar volume of business during any
monthly period; or
2. Sell beer or liquor, if such establishment is licensed for such, other than in
conjunction with the purchase of food menu items; or
3. Advertise the sale of beer or liquor, except in compliance with State
Alcohol Beverage Commission Rules on advertising.
4. Hire or allow or permit any person under twenty-one years of age to serve
beer or liquor for consumption on the premises.
G. If any audit or inspection discloses that the sales of food served for
consumption on any licensed premises under this chapter are less than seventy percent of
the gross dollar volume of business for any month, the Class B license of such licensee
shall immediately be suspended and shall not be reinstated until the licensee is able to
prove to the satisfaction of the mayor or the mayor's designee that in the future the sales
of food served for consumption on the licensed premises will exceed seventy percent of
the gross dollar volume of business.
58
6.08.060 Class C licenses.
A Class C retail license shall entitle the licensee to sell beer on draft for
consumption on the premises or for consumption off the premises, in not more than two
liter containers, in compliance with the Alcoholic Beverage Control Act of Utah, or its
successor.
Consumption of beer shall not be allowed in parking lots of licensees, nor in any
area not within the area of the licensee's premises approved for consumption of beer.
6.08.070 Class D special events licenses.
A. Special events. A Class D special events license shall entitle a bona fide
corporation, church, political organization, or incorporated association or a subordinate
lodge, chapter, or other local unit thereof that is conducting a convention, civic, or
community enterprise to sell beer at such event in accordance with the provisions of this
section.
B. Application requirements. In addition to the application requirements set
forth in Sections 5.02.060 and 6.08.100, or their successors, an application for a Class D
special events license shall include the following:
1. the times, dates, location, nature, and purpose of the event;
2. a description or floor plan designating:
a. the area in which the applicant proposes that alcohol be stored;
b. the sites from which the applicant proposes that alcohol be sold
or served, including all dispensing points. Dispensing points include
booths, tables, and other areas set apart for the sale of alcoholic beverages;
59
c. the areas in which the applicant proposes that alcohol be
allowed to be consumed;
3. a statement of the purpose of the association, corporation, church, or
political organization, or its local lodge, chapter, or other local unit conducting the
event;
4. a signed consent form stating that any law enforcement officers or
representatives of the city authorized by the mayor shall have unrestricted right to
enter the premises during the event.
C. Operational restrictions.
1. All persons involved in the storage, sale, or serving of alcohol at
the event shall do so only under the supervision and direction of the licensee.
2. No alcohol, other than that furnished by the licensee, shall be
brought by any person onto the premises of the event.
3. Alcohol purchased for the event may not be stored in any place
other than that described in the application and designated on the license.
4. Alcohol purchased for the event may not be sold or served in any
place other than the sites described in the application and designated on the
permit.
5. Alcohol purchased for the event may not be consumed in any area
other than that described in the application and designated on the permit.
6. Class D special events licenses are not transferable.
7. No Class D special event may last longer than seven days.
60
8. No more than two Class D special event licenses shall be granted
in any calendar year to the same association, corporation, church, or political
organization, or subordinate lodge, chapter, or other local unit thereof.
9. No sale of beer or other alcoholic beverage shall exceed a sixteen -
ounce serving.
6.08.080 Class E licenses.
A. * * *
B. * * *
C.
D.
* * *
* * *
E. It is unlawful for a licensee of a Class E retail license to sell beer in
original containers from multiple beer dispensing facilities located in privately leased
suites of the Class E premises or to allow storage of beer or other alcoholic beverages
within such dispensing facilities located in privately leased suites of the Class E premises
unless such dispensing facilities are securely locked and access to the contents of such
facilities is restricted by the licensee to suite lessees twenty-one years of age or older who
have duly rented such private suites in which such dispensing facility is located.
6.08.085 Brew pubs and microbreweries- Liquor districts.
Brew pubs and microbreweries may be located only within liquor districts A, B or
C, as set forth in section 6.08.120.
6.08.088 Brew pubs and microbreweries- Persons under 21 years of age .
Any other provision of this title notwithstanding, no person under 21 years of age,
unless accompanied by a person twenty-one years of age or older, shall be permitted in
61
Class F licensed establishment subject to the provisions of Section 6.12.090 or its
successor.
6.08.089 Brew pubs and microbreweries- Criminal provisions .
It is unlawful and shall constitute an offense of strict liability:
A. For a licensee of a Class F license to serve or allow the consumption of
beer in single -serving containers larger than twenty-three fluid ounces except in the bar
area of the licensed premises.
6.08.090 Temporary licenses.
A. Types of temporary licenses. A temporary license shall be issued as: (1) a
temporary Class B restaurant license; (2) a temporary Class B private club license; (3) a
temporary Class C private club license; or (4) a temporary Class C beer license.
1. A temporary Class B restaurant licensee shall comply with all requirements of
this code relating to a Class B restaurant license;
2. A temporary Class B private club licensee shall comply with all requirements
of this code relating to a class B private club license.
3. A temporary Class C private club license shall comply with all requirements of
this code relating to a class C private club license.
4. A temporary Class C beer licensee shall comply with all requirements of this
code relating to a Class C retail beer license.
B. Term of license. A temporary license may be issued for a period not to exceed
210 days.
62
6.08.100 Application, filing and verification procedures.
A. Applications for licenses, for renewal or reissuance of licenses, and for
transfer of licenses authorized by this chapter shall be verified and filed with the license
supervisor, addressed to the mayor or the mayor's designee, and shall state the applicant's
full name and that such applicant has complied with the requirements and possesses the
qualifications specified in the Alcoholic Beverage Control Act, or its successor. If the
applicant is a partnership, the application shall state the names and addresses of all
partners thereof. If the applicant is a corporation, the application shall state the names
and addresses of all officers and directors thereof and all stockholders who hold at least
20% of the issued and outstanding stock of the corporation. If the applicant is a limited
liability company, the application shall state the names and addresses of all managers
thereof and all members who have least a 20% ownership interest therein. If the business
is to be operated by a person other than the applicant, such operator shall sign the
application and file the same information required of an applicant.
B. If any business required to be licensed by this chapter is operated by a
person who has not filed his or her operator's information at the time of renewal of the
license, or, if operation is assumed by another person during the license period, at least
thirty days prior to assuming operation of the business, such license may be revoked.
C. The application and operator's information shall be subscribed to by the
applicant and operator, who shall state under oath that the information contained therein
is true.
D. In addition to the requirements of Section 5.02.060, or its successor, the
application shall require the applicant to list:
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1. All criminal convictions or pleas of nolo contendere, except those which
have been expunged and except for traffic offenses, which were not alcohol -related, and
the disposition of all such convictions or pleas of nolo contendere for the applicant,
individual or other entity subject to disclosure under this chapter, for ten years prior to the
date of the application.
2. All alcohol and controlled substance citations and arrests (including
alcohol -related traffic law citations), for the applicant, individual or other entity subject to
disclosure under this chapter, for five years prior to the date of the application;
3. All criminal citations issued to or arrests of the applicant, individual or
other entity subject to disclosure under this chapter which are still pending adjudication,
other than non -alcohol -related traffic citations or arrests;
4. Three character references with addresses and telephone numbers of such
references; and
5. All business license revocations for businesses in which the
applicant had at least a 20% legal or equitable interest.
6.08.110 Fees and records.
A. Applications provided for in this chapter shall be accompanied by the fees
as set forth in Section 5.04.070, or its successor, per year or any part thereof, which fees
shall be deposited in the city treasury if the license is granted, and returned to the
applicant if denied.
B. Holders of alcohol licenses shall maintain records, which shall disclose the
gross sales of alcohol by such holder during each and every year. Such records shall be
available for inspection and audit by the city license office at any time following the end
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of each year and for eighteen months thereafter, unless another time is set by ordinance
applicable to a specific license class.
C. Failure of a licensee to properly maintain the required records or failure to
submit such records for inspection and audit shall be cause for suspension or revocation
of an alcohol license.
6.08.120 Location restrictions.
A. Permissible locations. The permissible locations of establishments
licensed with either a Class C beer license, a Class B or C private club license, or a
temporary Class C beer license or a temporary Class B or C private club license, or any
combination thereof, shall be determined by geographical proximity, based upon the
following criteria:
1. a. District A. There shall be no more than two licensed establishments
located on any lineal block. A "lineal block" means 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 the major
street, or, if such abutting footage is equal, then the address originally filed with the city
shall determine in which lineal block the establishment shall be located.
b. District B. No licensed establishment shall be located within six -hundred -
sixty -feet of another licensed establishment as measured from the nearest point on the
property line of one establishment to the nearest point on the property line of the other
establishment.
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c. District C. No licensed establishment shall be located within two thousand
feet of another licensed establishment as measured from the nearest point on the property
line of one establishment to the nearest point on the property line of the other
establishment.
2. Major Streets. All major streets and districts will be those designated on
official City Map No. 19372, a copy of which shall be on file in the office of the city
recorder. All establishments holding a Class C beer or a Class B or C private club license
must be located so as to front on a major street or be within a building whose main
entrance fronts on a major street.
B. Proximity to park, school or church. No Class C beer establishment and
no Class B or C nonprofit club may be licensed or operate under the provisions of this
code 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 mayor or the mayor's
designee. Such approval shall be given only after:
1. The mayor or the mayor's designee has received recommendations
regarding such an establishment from the planning division and the city police
department; and
2. A public hearing has been held, with actual written notice having been
given, where applicable, to the director of the public services , to the school
superintendent or to the church, and with notice having been given 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, in each case stating the purpose, time, date
and location of such hearing; and
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3. A finding by the mayor or the mayor's designee that the proposed location
will not materially interfere with the activities and functions of such parks or 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 or church which is
located six hundred or more feet from the proposed establishment shall not be considered
to be in close proximity to such establishment and no notices or hearings need be given or
held prior to the granting of a Class C beer license or Class B or C private club license.
With respect to the 600 foot limitation, it shall be measured from the nearest entrance of
the proposed establishment by following the shortest route of either ordinary pedestrian
traffic, or, where applicable, vehicular travel along public thoroughfares, whichever is the
closer, to the property boundary of the public school, church, public park.
4. The applicant shall pay an additional sum of sixty dollars to cover the cost
of advertising the hearing. The fee shall be paid before such hearing shall be set or
advertised.
C. Exceptions. Class C beer establishments or Class B or C private clubs may
be allowed on streets other than those outlined in subsection A of this section, and may be
allowed within the interior of a block, upon receiving approval from the mayor or his/her
designee. Such approval shall be given only:
1. After the mayor or the mayor's designee has received recommendations
from the planning division and the city police department; and
2. If the street is at least sixty feet in width, or if, within the interior of the
block, the entrance to the establishment is from a courtyard or mall -like area with paved
vehicular access and proper lighting; and
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3. If the addition of such requested establishment would not cause the
number of such licensed establishments to exceed nine on the exterior and interior of any
block, as defined in subsection Ala of this section. The foregoing notwithstanding, no
more than two such establishments may be located on any street located in the interior of
any such block, and no more than three such establishments may be located within the
interior of any such block;
4. After a public hearing has been held, with actual written notice thereof
having been given to the abutting property owners, and public notice thereof having been
given to the residents of the city by at least one publication in a paper of general
circulation in Salt Lake County at least ten days before the hearing, in each case stating
the purpose, time, date and location of such hearing; and
5. A finding by the mayor or the mayor's designee, after the holding of such
hearing, that the proposed location for said establishment will not:
a. Create an undue concentration of Class C beer establishments or Class B
or C private clubs;
b. Materially interfere with the free flow of pedestrian or vehicular traffic;
c. Create an undue burden in controlling and policing illegal activities in the
vicinity;
d. Create a nuisance to the community; or
e. Adversely affect the health, safety and morals of the residents of the 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
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remain in good standing and they 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 subsection
A of this section, all such Class C beer or Class B or C private club establishments must
be located within Commercial C-3 districts or less -restrictive zoning districts or in an R-
D district as an attendant use in a conference center.
6.08.130 Applications --Review by chief of police.
All applications filed in accordance with the provisions of this chapter shall be
referred to the chief of police for inspection and report. The chief of police shall, within
thirty days after receiving such application, report to the mayor or the mayor's designee.
The report shall include: (a) the results of a criminal background or other required
application verification of the proprietor, partner, or, in the case of a corporation, any
managing agent, officer, director, and any stockholder who holds at least 20% of the total
issued and outstanding stock of the corporation or, in the case of a limited liability
company, any managers and any members with at least a 20% ownership interest in such
company; (b) the result of any police inspection made of the proposed licensed premises;
and (c) a recommendation as to whether or not the application should be granted.
No license or renewal of a license shall be issued to any of the following:
1. A person under the age of twenty-one years;
2. a. A person convicted of an unexpunged felony, unless a
period of not less thanten years shall have elapsed since the date of
conviction or the date of release from confinement for such offense,
whichever is later;
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b. A person convicted of any violation of any federal or state
law concerning the sale, manufacture, distribution, warehousing,
adulteration or transportation of alcoholic beverages or controlled
substances, unless a period o f not less than ten years shall have elapsed
since the date of conviction or the date of release from confinement for
such offense, whichever is later;
c. A person convicted of a crime involving moral turpitude,
unless a period of not less than ten years shall have elapsed since the date
ofconviction or the date of release from confinement for such offense,
whichever is later; or
d. A licensee which has three or more violations of local
ordinances in a thirty-six month period related to a business involving the
sale or distribution of beer or other alcoholic beverages, whether or not by
the licensee or by such licensee's employees, unless a period of not less
than ten years shall have elapsed since the expiration of said thirty-six
month period.
3. In the case of a partnership, a corporation, a limited liability
company, or association, the proscription under Subsection 2 shall apply if any
partner, managing agent, manager, officer or director has been so convicted or if
any stockholder or member owning at least twenty percent of the total issued and
outstanding stock or having a twenty percent ownership interest has been so
convicted.
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4. Any person who has had a license involving the sale or distribution
of alcohol revoked within the three years preceding the date of the application for
a license or renewal of a license. In the case of a partnership, a corporation, a
limited liability company, or association, this prohibition applies to any partner,
managing agent, manager, officer or director and to any stockholder or member
who holds at least twenty percent of the total issued and outstanding stock or has a
twenty percent ownership interest therein.
5. Any person who has been convicted of driving a vehicle while
under the influence of alcohol or a controlled substance, or of being in or about a
vehicle while under the influence of alcohol or a controlled substance with the
intent of driving such vehicle, within the five years immediately preceding
application for a license.. In the case of a partnership, a corporation, a limited
liability company, or association, this prohibition applies to any partner,
managing agent, manager, officer or director and to any stockholder or member
who holds at least twenty percent of the total issued and outstanding stock or has a
twenty percent ownership interest therein.
6.08.150 Renewal procedures --Forfeiture conditions.
A. Time For Filing Application. All applications to renew licenses shall be
filed by the holders of existing licenses with the city license office at least thirty days
prior to the expiration date of the then -issued license. To avoid late fees and charges as
provided by Section 6.08.160, or its successor, the renewal applications shall state
whether or not the business is presently operating and, if not, the date when it ceased
daily operation, together with such other information as the license office shall
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reasonably require to verify or determine the status of such business. Any person who
fails to file such application with the required fees within thirty days after the expiration
date of a license shall terminate such person's sale of alcohol on the 31st day after such
expiration, and shall keep the premises closed for the sale of alcohol until the date a new
license is issued by order of the mayor or the mayor's designee.
B. Renewal of License.
A licensee has the right to apply for license renewal annually unless such
license has been revoked for cause or until the licensee no longer actively operates the
business authorized by such license for a period longer than thirty days.
6.08.160 Late filing for renewal --Penalty.
If any application, notice or petition for renewal is not filed at least thirty days
prior to the expiration of the current license but is filed prior to the expiration of the
license, the applicant shall pay a penalty equal to 50% of the license fee. If the
application, notice or petition is filed within thirty days after the expiration of the license,
a penalty equal to 100% of the license fee shall be paid. Upon failure to file a timely
application, notice or petition required by this chapter on or before the 30th day after the
expiration of the current license, the license shall be void on the 31s` day after the
expiration date. No business may be conducted thereafter unless and until the mayor, or
the mayor's designee, approves an application, notice or petition for renewal of a license
or for a new license.
6.08.200 Expiration date.
All licenses involving disproportionate regulatory license fees issued by the city
pursuant to this title prior to July 1, 1994, shall expire on June 30 of each year and shall
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be issued for one year so long as the license is renewed annually without interruption,
except that temporary licenses shall be issued for not longer than 210 days and Class D
special events licenses shall be issued for not longer that seven days. All licenses
involving disproportionate regulatory license fees issued pursuant to this title on or after
July 1, 1994, shall date from issuance by the city and shall expire in the next calendar
year on the first day of the same month in which original issuance occurred. The annual
base business license for all businesses regulated under this title shall be issued on the
same date and shall expire on the same date as the disproportionate regulatory license
issued under this title.
Chapter 6.12. BEER REGULATIONS
6.12.010 Beer sales - License required - Unlawful activities.
6.12.020 Premises - Light and open space requirements.
6.12.030 Wholesalers and retailers - Common interests prohibited
6.12.040 Hours of operation.
6.12.070 Intoxicated persons prohibited on premises.
6.12.080. Sales to intoxicated persons prohibited.
6.12.090. Minors - presence in Class C and D premises prohibited.
6.12.130. Minors - Purchase or possession of alcoholic beverages.
6.12.150. Nuisances prohibited.
6.12.040 Hours of operation.
A. It is unlawful and shall constitute an offense of strict liability for any
holder of a Class B, C, D, E, F, temporary, or government -owned license, or of a Class B
or C private club license, or of a liquor consumption license, or any employee thereof to
sell, dispose, give away or deliver beer, or any other alcoholic beverage, on the licensed
premises between the hours of one a.m. and ten a.m. of any day. It is unlawful and shall
constitute an offense of strict liability for any licensee of a Class A license, or any
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employee thereof, to sell, dispose, or give away, or deliver beer between the hours of one
a.m. and seven a.m. of any day.
B. It is unlawful and shall constitute an offense of strict liability for any
holder of a Class B, C, D, E, F, temporary, or government -owned license, or of a Class B
or C private club license, or of a liquor consumption license or any employee thereof, to
permit the possession or consumption of beer, or to permit entertainment, on the licensed
premises between the hours of two a.m. and ten a.m. of any day.
C. It is unlawful for any customer, guest or any other person to possess or
consume beer, or any other alcoholic beverage, on premises or at events licensed under
this title or under Chapter 5.50 between the hours of two a.m. and ten a.m. of any day.
D. No Class C beer or temporary Class C beer licensed premises nor any Class
B or C private club or temporary Class B or C private club premises shall allow patrons,
nor activities such as private parties, on the premises between the hours of 2:00 a.m. and
10:00 a.m. of any day.
6.12.080 Sales to intoxicated persons prohibited.
It is unlawful and shall constitute an offense of strict liability for any person to
sell or supply beer, or any alcoholic beverage, to any person under the influence of any
intoxicating beverage, or to any person under the age of twenty-one years.
6.12.090 Persons under 21 years of age -.
A. Presence in alcohol -related establishments. It is unlawful and shall
constitute an offense of strict liability for any person under the age of twenty-one years
to:
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1. Enter or be in or about any premises licensed as a Class C beer or
Temporary Class C beer establishment or a Class C or Temporary Class C private club
establishment; or
2. Enter or be in or about the bar facilities of a Class B restaurant, Class D
licensed premises, Class E licensed premises, Class F brew pub or microbrewery,
Temporary Class B restaurant, government -owned licensed premises, Class B private
club or Temporary Class B private club establishment;
3. Except as provided in Section 6.12.130 or its successor, drink, possess,
serve, sell or in any manner distribute beer or any other alcoholic beverage in any Class B
private club, Temporary Class B private club or in any establishment or at any event
licensed under this title.
B. Licensee responsibilities. It is unlawful and shall constitute an offense
of strict liability for:
1. Any licensee of a Class C beer or a Temporary Class C beer licensed premises
or a Class C private club or Temporary Class C private club licensed premises 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 premises; or
2. Any licensee of a Class B restaurant, Temporary Class B restaurant, Class D
licensed premises, Class E licensed premises, Class F brew pub or microbrewery,
government -owned licensed premises, Class B private club, or Temporary Class B
private club, or licensee of a liquor consumption license, or any operator, agent or
employee of said licensee, to serve or have any person under the age of twenty-one years
in or about the bar facilities of such premises or to hire, allow, or permit any person under
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twenty-one years of age to sell, serve, drink or possess beer or any other alcoholic
beverage for consumption on or off the premises.
6.12.130 Persons under 21 years of age -Purchase or possession of alcoholic
beverages.
A. It is unlawful and shall constitute an offense involving strict liability for
any person under the age of twenty-one years of age to purchase, accept, consume or have
in his or her possession an alcoholic beverage, including beer or intoxicating liquor;
provided, however, that this section shall not apply to:
1. 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; or
2. 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, except that such persons shall not consume an alcoholic beverage.
6.16.020 License -Application.
Application for a liquor consumption license shall be upon a form furnished by
the city, signed under oath by the applicant, and addressed to the mayor. The applicant
must meet the qualifications for a restaurant liquor license as contained in Section 32A-4-
103, Utah Code Annotated or its successor. The form shall require information showing
applicant's age, citizenship, and such information as may be required to ensure applicant
meets the requirements of state law If the applicant is a partnership, association,
corporation, or limited liability company, the same information shall be obtained on all
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corporate officers, or managers, or members having at least a 20% ownership interest
therein.
6.16.040 Investigation of applicants.
The police department shall examine all applications and investigate all applicants
for licenses under this chapter. Following such examination and investigation, the
recommendations of the police department shall be made in writing to the business
license supervisor .
6.16.050 Premises - Periodic inspection required.
The police department and the license office shall be permitted to have access to
all premises licensed or for which a license application is pending under this chapter, at
all times when the premises is occupied, and shall make periodic inspections of said
premises and report its findings to the mayor. Except for emergency situations or where
consent has been obtained, entrance upon the nonpublic portions of commercial property
must be pursuant to a search warrant.
6.16.080 License - Suspension and revocation conditions.
A. Licenses may be suspended or revoked by the mayor for the violation on
the licensed premises of any provision of this title, or of any other applicable ordinance or
law relating to alcoholic beverages, or for violations or convictions as set forth at Section
5.02.250 or its successor, or if the person to whom the license was issued no longer
possesses the qualifications required by this title and the statutes of the state of Utah.
B. All licenses issued pursuant to this title may be suspended by the mayor
without a prior hearing. Immediately following any suspension order issued without a
prior hearing, notice shall be given such licensee, advising the licensee of his or her right
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to a prompt hearing, and listing the cause or causes for such suspension. Such hearing
shall be in accordance with Chapter 5.02 or its successor. If cause for the suspension is
established at the hearing, the suspension order may be continued for up to one year.
However, no license shall be revoked or suspended beyond the initial hearing without
first establishing cause therefor, nor shall any license be revoked without first giving the
licensee an opportunity for a hearing on the causes specified for revocation.
C.
***
SECTION 5. This ordinance shall take effect immediately upon the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 18th day of
May , 1999.
ATTEST:
CHIEF DEPUTY CITE RECORDER
APPROVED
Salt Lake ,City
Date
Transmitted to Mayor on May 18, 1999
Mayor's Action: XX Approved. Vetoed.
MAYOR
AS TO FORM
Attorney's Office
19
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ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 37 of 1999
Published: May 28, 1999.
ATTEST:
G-\Ordina98\business license & alcohol amendments 1-4 clean.doc
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