HomeMy WebLinkAboutLegislative Version Ordinance - 8/20/2025
1
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2025 2
3
(Amending the text of Title 11 of the Salt Lake City Code pertaining to nuisance private property 4
and after-hours consumption of alcohol in the common areas of commercial establishments and 5
non-residential premises) 6
7
An ordinance (1) enacting Chapter 11.18 of the Salt Lake City Code pertaining to 8
responsible business and private property ownership to abate nuisances and (2) amending 9
Chapters 11.12 and 5.51 to prohibit the after-hours consumption of alcohol in the common areas 10
of commercial establishments and non-residential premises. 11
WHEREAS, the city has a significant interest in the timely and effective resolution of 12
public nuisances; 13
WHEREAS, the city acknowledges a significant public safety burden placed on the 14
citizens of the city when business owners and property owners permit nuisance activity or fail to 15
otherwise implement necessary steps to prevent the nuisance activity; 16
WHEREAS, Utah Code Section 32B-5-301 prohibits the after-hours consumption of 17
alcoholic products and alcoholic beverages on the premises of retail licensees; and 18
WHEREAS, non-residential premises and commercial establishments that do not adhere 19
to the protections and safeguards required of retail licensees are permitting the consumption of 20
alcoholic beverages on their premises long after the retail licensees are required to close; and 21
WHEREAS, the City Council finds that prohibiting the after-hours consumption of 22
alcohol in the common areas of commercial establishments and non-residential premises 23
pursuant to standards similar to those that govern the premises of retail licensees reasonably 24
furthers the health, safety, and general welfare of the citizens of Salt Lake City. 25
2
LEGISLATIVE DRAFT
WHEREAS, the Salt Lake City Council has determined that the following ordinance 26
promotes the health, safety, and public welfare of the citizens of the city; and 27
WHEREAS, after a public hearing on this matter the City Council has determined that 28
adopting this ordinance is in the city’s best interests. 29
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 30
31
SECTION 1. Amending the text of Chapter 5.51 of the Salt Lake City Code. That 32
Chapter 5.51 of the Salt Lake City Code (Business Taxes, Licenses and Regulations: Alcohol 33
Establishments and Off Premises Beer Retailers), is hereby amended as follows: 34
CHAPTER 5.51 REGULATIONS RELATED TO ALCOHOL ESTABLISHMENTS, 35
NONRESIDENTIAL PREMISES, AND OFF PREMISES BEER RETAILERS 36
37
5.51.005: PURPOSE: 38
39
The purpose of this chapter is to normalize the regulation of alcoholic beverages by the city by: 40
a) simplifying alcoholic beverage control regulation by not duplicating state regulations, and b) 41
limiting the city's regulatory interests to business licensing and to land use concerns as provided 42
in title 21A of this code. The provisions of this chapter shall be construed to effectuate those 43
purposes. This chapter does not limit in any way the responsibilities of Salt Lake City police 44
officers or Salt Lake City prosecutors under state law. 45
46
5.51.010: DEFINITIONS: 47
48
ALCOHOL: The same meaning as section 32A-1-105(2), Utah Code Annotated (2009), or 49
successor provisions. 50
51
ALCOHOL ESTABLISHMENT: Any business that has obtained a license from the Utah 52
Department of Alcoholic Beverage Servicesells alcoholic beverages to patrons for consumption 53
on the premises, as set forth in section 21A.36.300 of this code. 54
55
ALCOHOLIC BEVERAGE: This term has the same meaning as defined in Section 32B-2-102 56
of Utah Code, or its successor. 57
58
ALCOHOLIC PRODUCT: This term has the same meaning as defined in Section 32B-2-102 of 59
the Utah Code, or its successor. 60
61
COMMON AREA: Any portion of a licensee establishment that is generally accessible to all 62
occupants, invitees, guests, or customers; or that is generally intended for the common use of 63
3
LEGISLATIVE DRAFT
such occupants, invitees, guests or customers. Hotel rooms or employee-only areas are not 64
“common area.” 65
66
DABS: the Utah Department of Alcoholic Beverage Services. 67
68
LICENSEE ESTABLISHMENT: The location where any holder of a Salt Lake City business 69
license, obtained for any purpose, operates. 70
71
LICENSE ENFORCEMENT ACTION: The administrative process set forth in 72
section 5.51.070 of this chapter. 73
74
OFF PREMISES BEER RETAILER: This term has the same definition as defined in Section 75
32B-2-102 of Utah Code, or its successor provisions.A retail business that sells beer in its 76
original packaging for consumption off the premises, but does not include the sale of beer in 77
sealed containers pursuant to section 32A-10-206(7), Utah Code Annotated (2009), or its 78
successor provision. 79
80
SEASONAL LICENSE: A city business license issued to an alcohol establishment that is valid 81
for a six (6) month period corresponding with the periods provided for "seasonal A" and 82
"seasonal B" licenses issued by the Utah alcoholic beverage control commission, pursuant to title 83
32A, Utah Code Annotated (2009), and its successor provisions. 84
85
86
5.51.020: LICENSE REQUIRED: 87
88
Alcohol establishments, licensee establishments, and off premises beer retailers must obtain a 89
business license subject to the general requirements set forth in chapters 5.02 and 5.04 of this 90
title and the requirements included in this chapter. Alcohol establishments which qualify for a 91
seasonal A or seasonal B license issued by the Utah alcoholic beverage control commission may 92
obtain a seasonal license for the same term for which the state license is issued. 93
94
95
5.51.025: STATE ISSUED ALCOHOL LICENSES REQUIRED FOR ALCOHOL 96
ESTABLISHMENTS: 97
98
No alcohol establishment may serve alcohol within the city without the appropriate valid license 99
or permit issued by DABSthe Utah alcoholic beverage control commission pursuant to title 100
32BA, Utah Code Annotated (2009), orand its successor provisions. 101
102
5.51.027: SPECIAL EVENT ALCOHOL PERMITS: 103
104
A. Required: A city issued special event alcohol permit is required for all events which are 105
required to obtain from DABSthe Utah alcoholic beverage control commission a single event 106
permit or temporary special event beer permit under title 32BA, Utah Code Annotated (2009) or 107
its successor provisions, allowing alcohol to be stored, sold, served and consumed for short term 108
events. 109
4
LEGISLATIVE DRAFT
110
B. Application Requirements: In addition to the application requirements set forth in 111
section 5.02.060 of this title, the following information is required: 112
1. The time, dates, and location of the event. 113
2. A description of the nature and purpose of the event. 114
3. A description of the control measures to be imposed by the DABSC and where 115
alcohol will be stored, served and sold. 116
4. Evidence that the applicant is not disqualified for the license or permit under Utah 117
Code Section 32B-1-304 or its successor provisions or city ordinance. 118
54. A signed consent form stating that law enforcement and authorized city 119
representatives shall have the unrestricted right to enter and inspect the premises during 120
the event to ensure compliance with state law and city ordinance. 121
122
C. Operational Restrictions: The permittee is subject to all operational restrictions imposed 123
by the DABSC under its state permit. No alcohol may be served at any special event unless the 124
city permittee also obtains the appropriate state permit. 125
126
D. Nontransferable: Special event alcohol permits are not transferable. 127
128
E. Time Limits: Special event alcohol permits are subject to the time limitations applicable 129
to DABSC single event permits and temporary special event beer permits. 130
131
F. Fees: Special event alcohol permits are subject to the fees that correspond to chapter 132
5.04 of this title and to an alcohol concession agreement fee. Such fees are set forth in the Salt 133
Lake City consolidated fee schedule. 134
135
136
5.51.030: ANNUAL LICENSE FEES: 137
138
A. Alcohol establishments, licensee establishments, and off premises beer retailers are 139
subject to the license fees set forth in chapter 5.04 of this title. For the purpose of establishing 140
regulatory fees and disproportionate costs for alcohol establishments, the city may separate 141
alcohol establishments into subcategories within schedules 1 and 2 of this title based on the types 142
of alcohol served and the type of business conducted within the alcohol establishment. 143
144
B. The license fee for a seasonal license will be assessed at fifty percent (50%) of the 145
regulatory and disproportionate fee charged for the type of alcohol establishment to be licensed 146
as listed on schedules 1 and 2 of this title, plus the full base license fee provided in 147
section 5.04.070 of this title. 148
149
150
5.51.040: RESTRICTIONS GOVENING CONSUMPTION OF ALCOHOLIC BEVERAGES 151
AND ALCOHOLIC PRODUCTS IN COMMON AREAS: 152
153
Between 2:00 A.M. and 6:00 A.M. a licensee establishment shall not: 154
155
5
LEGISLATIVE DRAFT
A. Furnish an alcoholic beverage or alcoholic product to an individual, nor 156
B. Allow an individual to consume an alcoholic beverage or an alcoholic product in the 157
common area of such establishment. 158
159
160
5.51.050100: OFF PREMISES BEER RETAILERS; OPERATIONAL REQUIREMENTS AND 161
ENFORCEMENT: 162
163
A. In addition to any enforcement procedures set forth in Utah Code Title 32B, any holder of 164
a Salt Lake City business license found in violation of the provisions of this Chapter shall be (1) 165
subject to a $1000 fine per occurrence, and (2) the City may seek to suspend or revoke the 166
associated business license pursuant to the enforcement procedures set forth in Chapter 167
5.02requirements under this code, off premises beer retailers are subject to the operational 168
requirements set forth in sections 32A-10-102 and 32A-10-103, Utah Code Annotated (2009), or 169
its successor provisions. 170
171
B. For violations related to underage sale of beer, the enforcement process set forth at 172
section 32A-10-103, Utah Code Annotated (2009), or its successor provisions, applies. 173
174
C. For all other violations, the requirements of chapter 5.02 of this title apply. 175
176
SECTION 2. Enacting Section 11.12.130 of the Salt Lake City Code. That Section 177
11.12.130 (Public Peace, Morals and Welfare: Offenses Against Public Order) is hereby enacted 178
as follows: 179
11.12.130: UNLAWFUL CONSUMPTION OF ALCOHOL IN COMMON AREAS OF NON-180
RESIDENTIAL ESTABLISHMENTS. 181
182
A. Definitions: 183
184
ALCOHOLIC BEVERAGE: This term has the same meaning as defined in section 32B-2-102 of 185
Utah Code, or its successor provisions. 186
187
ALCOHOLIC PRODUCT: This term has the same meaning as defined in section 32B-2-102 of 188
Utah Code, or its successor provisions. 189
190
COMMON AREA: Any portion of a non-residential premises that is generally accessible to all 191
occupants, invitees or licensees; or that is generally intended for the common use of such 192
occupants, invitees or licensees. Hotel rooms or employee-only areas are not “common area.” 193
194
NON-RESIDENTIAL PREMISES: Premises that do not meet any of the various definitions of 195
dwelling set forth in Section 21A.62.040. 196
197
6
LEGISLATIVE DRAFT
B. An individual shall not consume an alcoholic beverage nor an alcoholic product in any 198
common area of non-residential premises during the time period beginning at 2:00 AM and 199
ending at 6:00 AM. 200
201
C. Operators of non-residential premises shall not permit the consumption of alcoholic 202
beverages or alcoholic products in any common area during the time period between 2:00 AM 203
and 6:00 AM. 204
205
D. Individuals found in violation of this Section shall be subject to a civil citation and 206
penalty of $500 per occurrence. Operators not otherwise subject to Chapter 5.51 shall be subject 207
to a civil citation and penalty of $1000 per occurrence. 208
209
SECTION 3. Enacting Chapter 11.18 of the Salt Lake City Code. That Chapter 11.18 in 210
Title 11 of the Salt Lake City Code (Public Peace, Morals and Welfare), is hereby enacted as 211
follows: 212
CHAPTER 11.18 RESPONSIBLE PROPERTY OWNER 213
11.18.010: DEFINITIONS: 214
215
In the construction of this chapter, the following words and phrases shall be as defined as set 216
forth in this section: 217
ADMINISTRATIVE APPEALS OFFICER: As that term is defined in Section 2.75.050. 218
ADMINISTRATIVE CITATION: As that term is defined in Section 2.75.050. 219
ADMINISTRATIVE COSTS: As that term is defined in Section 2.75.050. 220
ADMINISTRATIVE ENFORCEMENT HEARING: As that term is defined in Section 221
2.75.050. 222
ADMINISTRATIVE ENFORCEMENT ORDER: As that term is defined in Section 2.75.050. 223
BUSINESS OWNER: Any person engaged in business within Salt Lake City. 224
CITY: Salt Lake City, Utah, including the mayor and all other employees of the administrative 225
branch of the city. 226
CRIMINAL CONDUCT: Any criminal offense at a place of business that can be reasonably 227
linked to a patron, invitee, manager, owner, or employee of the business, an occupant of the 228
place of business, or any person in the case of vacant property. 229
7
LEGISLATIVE DRAFT
EMERGENCY CONDITIONS: One or more conditions that exist in a building or on a 230
property that create the likelihood of imminent danger to the life or safety of anyone who 231
enters or occupies the property or building. 232
ENGAGE IN BUSINESS: To conduct, manage, or carry on any business activity, as owner, 233
officer, agent, manager, employer, or lessee. 234
IMMINENT LIFE SAFETY HAZARD: Any condition that creates a serious and immediate 235
danger to life, property, health, or public safety. 236
ITEMIZED STATEMENT OF COSTS: As that term is defined in Section 2.75.050. 237
NUISANCE CONDUCT: Behavior that interferes with the health, safety or welfare of the 238
community, materially and repeatedly infringes on the quiet enjoyment of neighboring uses, or 239
results in the harassment of patrons or other persons including, but not limited to: 240
(a) criminal conduct; 241
(b) disturbance of the peace; 242
(c) illegal consumption or sale of alcoholic beverages; 243
(d) illegal drug activity; 244
(e) unlawful street or sidewalk obstruction; 245
(f) gambling and illegal gaming activities; 246
(g) harassment of passers-by; 247
(h) prostitution; 248
(i) public urination or defecation; 249
(j) lewd conduct; 250
(k) litter; 251
(l) unlawful discharge of hazardous materials; 252
(m) parking violations; 253
(n) open storage of unlicensed, inoperable, unused or abandoned vehicles or vehicle parts, 254
unless the property is licensed for such use; 255
(o) open storage of junk, scrap metal, lumber, wastepaper products, building materials, 256
machinery and associated parts, interior household furniture, appliances, tree limbs and 257
cuttings, landscape debris, garbage, industrial waste, other spent, useless, worthless or 258
discarded materials, or materials stored or accumulated for the purpose of discarding 259
materials that have served their original purpose; 260
(p) fouling of the air with offensive odors or contaminants, excessive dust, or excessive 261
loud noise; 262
(q) owning, operating or conducting a vehicle chop shop in any building or structure, 263
including a lot or curtilage, for the purpose of dealing in stolen vehicles or stolen vehicle 264
parts or illegally obtaining and altering vehicles or vehicle identification numbers of 265
vehicle parts; 266
(r) vehicles parked on the sidewalk; 267
(s) use of street parking spaces or sidewalk for open storage, sale, or rental of goods, or 268
storage or repair of inoperable vehicles; 269
(t) unlawful firearms possession by a patron; 270
8
LEGISLATIVE DRAFT
(u) illegal dumping; 271
(v) unlawful junk dealer operations; 272
(w) obstruction of an investigation of nuisance behavior; 273
(x) repeated or continuing violations of any other City ordinance and/or regulations; or 274
(y) any other activity that constitutes a public nuisance under state law. 275
OBSTRUCTION OF AN INVESTIGATION: Any obstruction of, interference with or other 276
impediment of the investigation of nuisance conduct or serious violent behavior by a business 277
owner, property owner, or other responsible person. 278
PERSON: As that term is defined in Section 2.75.050. 279
PLACE OF BUSINESS: A location maintained or operated by a person within the city at 280
which business activities take place. Place of business includes a parking lot owned or leased 281
by the business, parking areas traditionally used by patrons or employees of the business, and 282
the public rights-of-way adjacent to the business premises as it is used by persons attracted to 283
the business. 284
REMEDIAL MEASURES: Specific, verifiable actions taken by a responsible party that are 285
substantially likely to reduce, eliminate or prevent recurrence of the nuisance conduct or 286
serious violent behavior at issue. 287
RESPONSIBLE PERSON: As that term is defined in Section 2.75.050. 288
SERIOUS VIOLENT BEHAVIOR. Conduct that would constitute any of the following 289
offenses as defined by state law: homicide, murder, aggravated assault, rape, or sexual assault. 290
11.18.020: PURPOSE AND INTENT: 291
Business owners and property owners shall properly manage their property and place of 292
businesses to prevent them from becoming a nuisance to public safety personnel, adjacent 293
public property, neighboring residents or businesses, or deteriorating into havens for crime or 294
the spread of disease. This chapter creates a system to initiate administrative actions to abate 295
nuisance conduct and serious violent behavior and to impose civil fines or other penalties if a 296
business owner or a property owner fails to take all remedial measures to address the identified 297
nuisance conduct or serious violent behavior. 298
11.18.030: EXISTING LAW CONTINUED: 299
The provisions of this chapter shall not invalidate any other title, chapter, or ordinance of this 300
Code, but shall be read in conjunction with those titles, chapters, and ordinances and shall be 301
used as an additional remedy for enforcement of violations thereof. 302
11.18.040: CRIMINAL OR CIVIL PROSECUTION; EMERGENCY POWERS: 303
9
LEGISLATIVE DRAFT
A. The city shall have sole discretion in deciding whether to pursue remedies to address 304
nuisance conduct or serious violent behavior under this chapter, to file a civil nuisance action 305
under this chapter or under state law, to bring criminal charges, to order suspension or 306
revocation of business licenses, to order immediate action to terminate or abate nuisance 307
conduct, to pursue administrative enforcement actions for the violation of any of its ordinances 308
or applicable code requirements, or any combination thereof, or to pursue any other remedy 309
available under the law. City officials are permitted to exercise executive discretion in 310
determining which course of enforcement to pursue, taking into consideration the severity of 311
an incident, the culpability of involved parties, the history of the involved property, and 312
whether other circumstances exist that exacerbate the public impact of the nuisance conduct or 313
serious violent behavior. 314
B. The enforcement of the provisions of this chapter does not prevent the city from 315
pursuing other remedies for specific violations, including fines, abatement, suspension, 316
revocation, injunctions, or other penalties. Specific violations may be considered nuisance 317
conduct or serious violent behavior under this chapter, even if the business owner or property 318
owner has already incurred civil or criminal penalties related to that offense. 319
C. Nothing in this chapter shall prevent the city from abating nuisance conduct or serious 320
violent behavior that denigrates the public health and welfare in a declared emergency. 321
D. Each day a violation exists shall be considered a separate offense and may give rise to a 322
separate citation, charge or other remedy. 323
11.18.050: ACTS INCLUDE CAUSING, ATTEMPTING, AIDING, AND ABETTING: 324
Whenever an act, condition, or omission is referred to or made unlawful in this chapter, it shall 325
include causing, attempting to cause, permitting, aiding, or abetting such act, condition, or 326
omission. 327
11.18.060: DUTY TO PROPERLY MANAGE: 328
Every property owner and business owner shall have a duty to properly manage their private 329
property or place of business, as applicable, to prevent the creation of a nuisance to 330
neighboring businesses, residents, passers-by, or the public, that results from nuisance conduct 331
or serious violent behavior by patrons, guests, employees, occupants, or those who frequent the 332
business premises or the property, regardless of whether the persons are owners, invitees, or 333
trespassers. 334
11.18.070: NUISANCE DECLARED 335
A. Pursuant to Utah Code Section 10-8-60, the city has determined the quiet enjoyment of 336
property and the general health, safety, and welfare of the community are intolerably 337
impaired—and a public nuisance exists—when nuisance conduct or serious violent behavior 338
occurs at any private property or place of business. 339
10
LEGISLATIVE DRAFT
B. A business owner or property owner is presumed to have created a nuisance if (1) 340
within 180 consecutive days, not less than 3 separate incidents of nuisance conduct or serious 341
violent behavior occur at or within the property, (2) for ongoing violations of this Chapter the 342
nuisance conduct has persisted for 30 days or more, or (3) in connection with a place of 343
business there are 5 or more calls for service for nuisance conduct in a 30 day period. This 344
presumption may be rebutted if the responsible party demonstrates that it took all reasonable 345
steps, including implementing the remedial measures directed by the city, to prevent 346
reoccurrence of the nuisance conduct or serious violent behavior occurring at or within the 347
property. 348
11.18.080: DECLARATION OF NUISANCE & ADMINISTRATIVE CITATION: 349
A. The city may declare the existence of nuisance, as described under Section 11.18.070 at 350
any time. Notwithstanding any other provision of this code, a declaration of nuisance may be 351
combined with any other notice from the city to the responsible party. 352
B. Administrative Citation. Upon a determination that a business or private property has 353
created a nuisance the city may issue an administrative citation. 354
1. The written citation shall state: 355
356
a. The name and address, if known, of the responsible party; 357
b. The date and location of each violation; 358
c. The nature of the nuisance conduct or serious violent behavior; 359
d. That the nuisance must be corrected; 360
e. Provide a specific date by which the corrective action ordered by the 361
enforcement official be taken; 362
f. The remedies, including any civil fines, that the enforcement official intends 363
to pursue if corrective action is not taken; 364
g. Recommendations regarding potential remedial measures and an opportunity 365
for the responsible party to demonstrate use of remedial measures to the city; 366
h. Identification of the procedure to appeal the citation; and 367
i. The signature of the enforcement official. 368
369
2. The enforcement official shall serve the administrative citation on the responsible 370
party by: 371
a. Posting a copy of the administrative citation at the property, and 372
b. By mailing the administrative citation through certified mail or 373
reputable mail tracking service that is capable of confirming delivery. 374
If the responsible party is the property owner of record, then mailing 375
shall be to the last known address appearing on the records of the Salt 376
Lake County Recorder. If the responsible party is any other person or 377
entity other than the owner of record, then mailing shall be to the last 378
known address of the responsible party on file with the city. 379
11
LEGISLATIVE DRAFT
c. Notwithstanding the foregoing, personal service upon the responsible 380
party shall be sufficient to meet the service requirements of Subsection 381
11.18.080.B.2.b. 382
383
3. Corrective Action: Following the issuance of an administrative citation the 384
responsible party shall either: 385
a. Demonstrate that remedial measures have been implemented to 386
address the nuisance conduct or serious violent behavior that led to the 387
nuisance declaration, or 388
b. Enter into a nuisance abatement plan pursuant to Section 11.18.090. 389
390
4. Failure to Correct: If corrective action has not been undertaken by the deadline 391
identified in the administrative citation, the city may pursue any remedy, 392
including civil fines identified in Section 11.18.110. 393
11.18.090: NUISANCE ABATEMENT PLANS: 394
A. Any nuisance abatement plan executed by a responsible party and the city shall certify 395
the responsible party’s agreement to take all necessary and appropriate measures to reduce, 396
eliminate or prevent future recurrence of each nuisance conduct and each serious violent 397
behavior giving rise to nuisance declaration. Such measures may include, but are not limited to, 398
the following: 399
400
1. Removal of unlawful items; 401
2. Taking steps to prevent the specific nuisance conduct or serious violent behavior, 402
personally or through an agent such as a private security company; 403
3. Hiring sufficient licensed and insured security personnel to patrol the property 404
and the abutting sidewalks; 405
4. Documenting proactive efforts with the police department regarding nuisance 406
behavior or serious violent behavior activities; 407
5. Participating in regular meetings with community-based organizations at which 408
specific efforts to address nuisance behavior or serious violent behavior are 409
discussed; 410
6. Installing and maintaining improved lighting at each point of entry to and exit 411
from the property and in designated common areas, if any; 412
7. Installing and maintaining surveillance cameras that are at all times: (i) active and 413
operational at each point of entry to and exit from the business or property, in 414
designated common areas and in interior spaces where business operations are 415
conducted, on the street abutting the business, and any other locations where prior 416
nuisance conduct or serious violent behavior has been reported; (ii) disclosed to 417
the public through posted notice on the premises; (iii) illuminated in such a 418
manner so as to enable persons entering and exiting the business or property to be 419
visible and identified on recorded footage; and (iv) maintaining recorded footage 420
for not less than 6 months after the recording occurs; 421
8. Installing metal detectors to screen persons visiting the business; 422
12
LEGISLATIVE DRAFT
9. Maintaining an internal log or incident reporting system documenting the owner's 423
response to specific incidents of illegal activity inside the property or on the 424
abutting sidewalk; 425
10. Displaying signage identifying prohibited behavior at the property; 426
11. Making specific efforts to address litter and other cleanliness issues, such as 427
additional or larger refuse bins, more frequent or targeted cleaning, signage, 428
enhanced refuse bins, and changing business operations or products to reduce the 429
likelihood of litter creation; 430
12. Installing soundproofing insulation or taking other steps to control noise; 431
13. Changing the hours of operation in a manner designed to reduce the likelihood of 432
nuisance conduct or serious violent behavior; 433
14. Changing business operations or products sold in a manner designed to reduce the 434
likelihood of nuisance conduct or serious violent behavior; 435
15. Removing any drug paraphernalia offered for sale or display in violation of 436
applicable zoning requirements from the premises; 437
16. Providing surveillance camera footage to law enforcement upon request; and 438
17. Any other measures likely to abate or prevent the recurrence of the nuisance 439
behavior or serious violent behavior. 440
441
B. Term: Executed plans shall be effective for a minimum of 12 months, and may be 442
extended by mutual agreement, or if ordered by the administrative appeals officer, if another 443
nuisance is declared at the property prior to expiration of the plan. 444
445
C. Remedies: All nuisance abatement plans shall identify remedies to the city if the 446
responsible party does not comply with the plan. These remedies may include, but are not limited 447
to: granting the city the ability to enter and abate the nuisance with recovery of costs associated 448
therewith to be made by the responsible party to the city upon presentation of an itemized 449
statement of costs; financial penalties; reduction in business operating hours; temporary closure 450
of the property or business; making some portions of the property inaccessible; and prohibiting 451
all alcohol sales or consumption on the property. 452
11.18.100: APPEALS: 453
A responsible party may appeal an administrative citation within ten (10) days of its issuance 454
pursuant to Chapter 2.75. 455
11.18.110: ADMINISTRATIVE REMEDIES: 456
A. Civil Fines: A property or business subject to a nuisance declaration may be subject to a 457
range of penalties that increase in severity. These penalties progress as follows: 458
1. If a responsible party fails to complete a corrective action by the deadline set 459
forth in an administrative citation, then for a first violation a fine shall be 460
assessed in the amount of $500. 461
13
LEGISLATIVE DRAFT
2. If a responsible party receives an administrative citation within 12 months of a 462
first violation and does not enter into a nuisance abatement plan then a fine shall 463
be assessed in the amount of $750, which shall constitute a second violation. 464
3. If a responsible party receives an administrative citation within 12 months of a 465
second violation and does not enter into a nuisance abatement plan, then a fine 466
shall be assessed in the amount of $1,000, which shall constitute a third 467
violation. 468
4. If a responsible party receives an administrative citation within 12 months of a 469
third or any subsequent violation and does not enter into a nuisance abatement 470
plan, then a fine shall be assessed in the amount of $1,000. 471
B. Revocation of Business License: In the event more than two citations are issued in any 472
12 month period, and the business at issue is not then a party to and in compliance with a 473
nuisance abatement plan, then the city may suspend or revoke the associated business license 474
pursuant to Chapter 5.02. 475
C. Orders by the Administrative Appeals Officer: In the event of an appeal of an 476
administrative citation, the administrative appeals officer may: 477
1. Order that the responsible party and the city enter into a nuisance abatement 478
plan consistent with Section 11.18.090 with the measures as directed by the 479
administrative appeals officer. 480
2. Grant the city an abatement order. 481
a. The order of abatement can require the responsible party to correct the 482
nuisance and can authorize the city to abate such nuisance if the 483
responsible party does not timely perform the abatement. 484
b. In the event the city proves that nuisance conduct or conditions pose a 485
reasonably imminent danger to human health or human life, unabated, 486
the administrative appeals officer shall order the abatement as requested 487
by the city. In such circumstances the city may perform the abatement of 488
the nuisance at the first possible opportunity. 489
c. The abatement order must permit the city to charge the responsible party 490
for the costs the city incurs in abating the nuisance. The costs may be 491
appealed to the administrative appeals officer pursuant to Section 492
11.70.150. 493
3. Revoke a business license without the right to apply for another license at the 494
property or another business premises for at least six months. 495
14
LEGISLATIVE DRAFT
4. Revoke a certificate of occupancy without the right to apply for another at the 496
property for at least six months. 497
Orders of an administrative appeals officer issued pursuant to this Chapter are each an 498
administrative enforcement order that may be appealed in accordance with 2.75.210. 499
11.18.120: CONTINUING SUPERVISION: 500
A. When an administrative citation is not timely appealed or an administrative appeals 501
officer has affirmed the city’s nuisance declaration, the responsible party is subject to 502
continued supervision by an administrative appeals officer for twelve (12) months or the term 503
of any applicable nuisance abatement plan. During that time, the administrative appeals officer 504
may schedule review hearings to track the responsible party’s compliance with any nuisance 505
abatement plan or abatement order, impose previously suspended penalties, and hold a hearing 506
to consider any claim by the city that a responsible party has not complied with a nuisance 507
abatement plan ordered by the administrative appeals officer pursuant to Section 11.18.110. 508
B. At a hearing on a failure to comply with a nuisance abatement plan entered pursuant to 509
11.18.110, the administrative appeals officer shall consider the steps taken by the responsible 510
party and determine whether such party has fulfilled its obligations under the nuisance 511
abatement plan. 512
1. During a hearing reviewing a failure to comply with a nuisance abatement plan, 513
the underlying nuisance declaration cannot be disturbed. 514
2. In the event the administrative appeals officer finds that the responsible party 515
failed to comply with any obligation under the nuisance abatement plan, the 516
administrative appeals officer shall impose one or more remedies as set forth in the 517
nuisance abatement plan. 518
C. Each new administrative citation may be appealed. Such appeals are limited to a review 519
of the nuisance conduct or serious violent behavior identified in the administrative citation and 520
may not address previous administrative citations that were not timely appealed or orders by an 521
administrative appeals officer that were not timely appealed. 522
11.70.170: DECLARATION OR DETERMINATION TO FOLLOW BUSINESS OWNER 523
AND PROPERTY LOCATION: 524
A declaration or determination of nuisance conduct or serious violent behavior follows the 525
business owner and/or runs with the property. A declaration or determination of nuisance 526
conduct or serious violent behavior is not eliminated by transferring the property or the 527
business to another person or entity, changing the name of the business, or moving the business 528
to a new location. Transfer of business ownership shall not terminate any nuisance abatement 529
plan in effect with respect to a nuisance business. The acquiring business owner shall be 530
responsible for compliance with any enforcement action pending against the nuisance business 531
and prior business owner. 532
15
LEGISLATIVE DRAFT
533
534
SECTION 4. Effective Date. This ordinance shall become effective on the date of its 535
first publication. 536
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 537
2025. 538
______________________________ 539
CHAIRPERSON 540
541
542
ATTEST AND COUNTERSIGN: 543
544
______________________________ 545
CITY RECORDER 546
547
548
Transmitted to Mayor on _______________________. 549
550
Mayor’s Action: _______Approved. _______Vetoed. 551
552
______________________________ 553
MAYOR 554
______________________________ 555
CITY RECORDER 556
(SEAL) 557
558
Bill No. ________ of 2025. 559
Published: ______________. 560
Responsible Property Owner Ordinance(legislative)v2 561
562
563