HomeMy WebLinkAboutLegislative Version Ordinance - 9/26/2025
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SALT LAKE CITY ORDINANCE 1
No. _____ of 202__ 2
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(Amending the text of Titles 5 and 11 of the Salt Lake City Code pertaining to after-hours 4
consumption of alcohol in the common areas of commercial establishments and non-residential 5
premises) 6
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An ordinance amending Chapters 5.51 and 11.12 to prohibit the after-hours consumption 8
of alcohol in the common areas of commercial establishments and non-residential premises. 9
WHEREAS, Utah Code Section 32B-5-301 prohibits the after-hours consumption of 10
alcoholic products and alcoholic beverages on the premises of retail licensees; and 11
WHEREAS, non-residential premises and commercial establishments that do not adhere 12
to the protections and safeguards required of retail licensees are permitting the consumption of 13
alcoholic beverages on their premises long after the retail licensees are required to close; and 14
WHEREAS, the City Council finds that prohibiting the after-hours consumption of 15
alcohol in the common areas of commercial establishments and non-residential premises 16
pursuant to standards similar to those that govern the premises of retail licensees reasonably 17
furthers the health, safety, and general welfare of the citizens of Salt Lake City. 18
WHEREAS, criminal activity associated with such after-hours consumption is a threat to 19
the public safety of the city and is a burden on the city’s public safety resources; 20
WHEREAS, the Salt Lake City Council has determined that the following ordinance 21
promotes the health, safety, and public welfare of the citizens of the city; and 22
WHEREAS, the City Council has determined that adopting this ordinance is in the city’s 23
best interests. 24
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 25
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SECTION 1. Amending the text of Chapter 5.51 of the Salt Lake City Code. That 27
Chapter 5.51 of the Salt Lake City Code (Business Taxes, Licenses and Regulations: Alcohol 28
Establishments and Off Premises Beer Retailers), is hereby amended as follows: 29
CHAPTER 5.51 REGULATIONS RELATED TO ALCOHOL ESTABLISHMENTS, 30
NONRESIDENTIAL PREMISES, AND OFF PREMISES BEER RETAILERS 31
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5.51.005: PURPOSE: 33
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The purpose of this chapter is to normalize the regulation of alcoholic beverages by the city by: 35
a) simplifying alcoholic beverage control regulation by not duplicating state regulations, and b) 36
limiting the city's regulatory interests to business licensing and to land use concerns as provided 37
in title 21A of this code. The provisions of this chapter shall be construed to effectuate those 38
purposes. This chapter does not limit in any way the responsibilities of Salt Lake City police 39
officers or Salt Lake City prosecutors under state law. 40
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5.51.010: DEFINITIONS: 42
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ALCOHOL: The same meaning as section 32A-1-105(2), Utah Code Annotated (2009), or 44
successor provisions. 45
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ALCOHOL ESTABLISHMENT: Any business that has obtained a license from the Utah 47
Department of Alcoholic Beverage Servicesells alcoholic beverages to patrons for consumption 48
on the premises, as set forth in section 21A.36.300 of this code. 49
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ALCOHOLIC BEVERAGE: This term has the same meaning as defined in Section 32B-2-102 51
of Utah Code, or its successor. 52
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ALCOHOLIC PRODUCT: This term has the same meaning as defined in Section 32B-2-102 of 54
the Utah Code, or its successor. 55
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COMMON AREA: Any portion of a licensee establishment that is generally accessible to all 57
occupants, invitees, guests, or customers; or that is generally intended for the common use of 58
such occupants, invitees, guests or customers. Hotel rooms or employee-only areas are not 59
“common area.” 60
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DABS: the Utah Department of Alcoholic Beverage Services. 62
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LICENSEE ESTABLISHMENT: The location where any holder of a Salt Lake City business 64
license, obtained for any purpose, operates. 65
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LICENSE ENFORCEMENT ACTION: The administrative process set forth in 67
section 5.51.070 of this chapter. 68
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OFF PREMISES BEER RETAILER: This term has the same definition as defined in Section 70
32B-2-102 of Utah Code, or its successor provisions.A retail business that sells beer in its 71
original packaging for consumption off the premises, but does not include the sale of beer in 72
sealed containers pursuant to section 32A-10-206(7), Utah Code Annotated (2009), or its 73
successor provision. 74
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SEASONAL LICENSE: A city business license issued to an alcohol establishment that is valid 76
for a six (6) month period corresponding with the periods provided for "seasonal A" and 77
"seasonal B" licenses issued by the Utah alcoholic beverage control commission, pursuant to title 78
32A, Utah Code Annotated (2009), and its successor provisions. 79
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5.51.020: LICENSE REQUIRED: 82
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Alcohol establishments, licensee establishments, and off premises beer retailers must obtain a 84
business license subject to the general requirements set forth in chapters 5.02 and 5.04 of this 85
title and the requirements included in this chapter. Alcohol establishments which qualify for a 86
seasonal A or seasonal B license issued by the Utah alcoholic beverage control commission may 87
obtain a seasonal license for the same term for which the state license is issued. 88
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5.51.025: STATE ISSUED ALCOHOL LICENSES REQUIRED FOR ALCOHOL 91
ESTABLISHMENTS: 92
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No alcohol establishment may serve alcohol within the city without the appropriate valid license 94
or permit issued by DABSthe Utah alcoholic beverage control commission pursuant to title 95
32BA, Utah Code Annotated (2009), orand its successor provisions. 96
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5.51.027: SPECIAL EVENT ALCOHOL PERMITS: 98
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A. Required: A city issued special event alcohol permit is required for all events which are 100
required to obtain from DABSthe Utah alcoholic beverage control commission a single event 101
permit or temporary special event beer permit under title 32BA, Utah Code Annotated (2009) or 102
its successor provisions, allowing alcohol to be stored, sold, served and consumed for short term 103
events. 104
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B. Application Requirements: In addition to the application requirements set forth in 106
section 5.02.060 of this title, the following information is required: 107
1. The time, dates, and location of the event. 108
2. A description of the nature and purpose of the event. 109
3. A description of the control measures to be imposed by the DABSC and where 110
alcohol will be stored, served and sold. 111
4. Evidence that the applicant is not disqualified for the license or permit under Utah 112
Code Section 32B-1-304 or its successor provisions or city ordinance. 113
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54. A signed consent form stating that law enforcement and authorized city 114
representatives shall have the unrestricted right to enter and inspect the premises during 115
the event to ensure compliance with state law and city ordinance. 116
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C. Operational Restrictions: The permittee is subject to all operational restrictions imposed 118
by the DABSC under its state permit. No alcohol may be served at any special event unless the 119
city permittee also obtains the appropriate state permit. 120
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D. Nontransferable: Special event alcohol permits are not transferable. 122
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E. Time Limits: Special event alcohol permits are subject to the time limitations applicable 124
to DABSC single event permits and temporary special event beer permits. 125
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F. Fees: Special event alcohol permits are subject to the fees that correspond to chapter 127
5.04 of this title and to an alcohol concession agreement fee. Such fees are set forth in the Salt 128
Lake City consolidated fee schedule. 129
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5.51.030: ANNUAL LICENSE FEES: 132
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A. Alcohol establishments, licensee establishments, and off premises beer retailers are 134
subject to the license fees set forth in chapter 5.04 of this title. For the purpose of establishing 135
regulatory fees and disproportionate costs for alcohol establishments, the city may separate 136
alcohol establishments into subcategories within schedules 1 and 2 of this title based on the types 137
of alcohol served and the type of business conducted within the alcohol establishment. 138
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B. The license fee for a seasonal license will be assessed at fifty percent (50%) of the 140
regulatory and disproportionate fee charged for the type of alcohol establishment to be licensed 141
as listed on schedules 1 and 2 of this title, plus the full base license fee provided in 142
section 5.04.070 of this title. 143
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5.51.040: RESTRICTIONS GOVENING CONSUMPTION OF ALCOHOLIC 146
BEVERAGES AND ALCOHOLIC PRODUCTS IN COMMON AREAS: 147
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Between 2:00 A.M. and 6:00 A.M. a licensee establishment shall not: 149
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A. Furnish an alcoholic beverage or alcoholic product to an individual, nor 151
B. Allow an individual to consume an alcoholic beverage or an alcoholic product in the 152
common area of such establishment. 153
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5.51.050100: OFF PREMISES BEER RETAILERS; OPERATIONAL REQUIREMENTS 156
AND ENFORCEMENT: 157
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A. In addition to any enforcement procedures set forth in Utah Code Title 32B, any holder of 159
a Salt Lake City business license found in violation of the provisions of this Chapter shall be (1) 160
subject to a $1000 fine per occurrence, and (2) the City may seek to suspend or revoke the 161
associated business license pursuant to the enforcement procedures set forth in Chapter 162
5.02requirements under this code, off premises beer retailers are subject to the operational 163
requirements set forth in sections 32A-10-102 and 32A-10-103, Utah Code Annotated (2009), or 164
its successor provisions. 165
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B. For violations related to underage sale of beer, the enforcement process set forth at 167
section 32A-10-103, Utah Code Annotated (2009), or its successor provisions, applies. 168
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C. For all other violations, the requirements of chapter 5.02 of this title apply. 170
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SECTION 2. Enacting Section 11.12.070 of the Salt Lake City Code. That Section 172
11.12.070 (Public Peace, Morals and Welfare: Offenses Against Public Order) is hereby enacted 173
as follows: 174
11.12.070: UNLAWFUL CONSUMPTION OF ALCOHOL IN COMMON AREAS OF 175
NON-RESIDENTIAL ESTABLISHMENTS: 176
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A. Definitions: 178
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ALCOHOLIC BEVERAGE: This term has the same meaning as defined in section 32B-2-102 of 180
Utah Code, or its successor provisions. 181
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ALCOHOLIC PRODUCT: This term has the same meaning as defined in section 32B-2-102 of 183
Utah Code, or its successor provisions. 184
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COMMON AREA: Any portion of a non-residential premises that is generally accessible to all 186
occupants, invitees or licensees; or that is generally intended for the common use of such 187
occupants, invitees or licensees. Hotel rooms or employee-only areas are not “common area.” 188
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NON-RESIDENTIAL PREMISES: Premises that do not meet any of the various definitions of 190
dwelling set forth in Section 21A.62.040. 191
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B. An individual shall not consume an alcoholic beverage nor an alcoholic product in any 193
common area of non-residential premises during the time period beginning at 2:00 AM and 194
ending at 6:00 AM. 195
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C. Operators of non-residential premises shall not permit the consumption of alcoholic 197
beverages or alcoholic products in any common area during the time period between 2:00 AM 198
and 6:00 AM. 199
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D. Individuals found in violation of this Section shall be subject to a civil citation and 201
penalty of $500 per occurrence. Operators not otherwise subject to Chapter 5.51 shall be subject 202
to a civil citation and penalty of $1000 per occurrence. 203
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SECTION 3. Effective Date. This ordinance shall become effective on the date of its 206
first publication. 207
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 208
202__. 209
______________________________ 210
CHAIRPERSON 211
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ATTEST AND COUNTERSIGN: 214
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______________________________ 216
CITY RECORDER 217
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Transmitted to Mayor on _______________________. 220
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Mayor’s Action: _______Approved. _______Vetoed. 222
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______________________________ 224
MAYOR 225
______________________________ 226
CITY RECORDER 227
(SEAL) 228
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Bill No. ________ of 202__. 230
Published: ______________. 231
After Hours Alcohol Ordinance (legislative)v1 232