HomeMy WebLinkAboutUpdated Ordinance - 9/26/2025SALT LAKE CITY ORDINANCE
No. _____ of 202__
(Amending the text of Titles 5 and 11 of the Salt Lake City Code pertaining to after-hours
consumption of alcohol in the common areas of commercial establishments and non-residential
premises)
An ordinance amending Chapters 5.51 and 11.12 to prohibit the after-hours consumption
of alcohol in the common areas of commercial establishments and non-residential premises.
WHEREAS, Utah Code Section 32B-5-301 prohibits the after-hours consumption of
alcoholic products and alcoholic beverages on the premises of retail licensees; and
WHEREAS, non-residential premises and commercial establishments that do not adhere
to the protections and safeguards required of retail licensees are permitting the consumption of
alcoholic beverages on their premises long after the retail licensees are required to close; and
WHEREAS, the City Council finds that prohibiting the after-hours consumption of
alcohol in the common areas of commercial establishments and non-residential premises
pursuant to standards similar to those that govern the premises of retail licensees reasonably
furthers the health, safety, and general welfare of the citizens of Salt Lake City.
WHEREAS, criminal activity associated with such after-hours consumption is a threat to
the public safety of the city and is a burden on the city’s public safety resources;
WHEREAS, the Salt Lake City Council has determined that the following ordinance
promotes the health, safety, and public welfare of the citizens of the city; and
WHEREAS, the City Council has determined that adopting this ordinance is in the city’s
best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Chapter 5.51 of the Salt Lake City Code. That
Chapter 5.51 of the Salt Lake City Code (Business Taxes, Licenses and Regulations: Alcohol
Establishments and Off Premises Beer Retailers), is hereby amended as follows:
CHAPTER 5.51 REGULATIONS RELATED TO ALCOHOL ESTABLISHMENTS,
NONRESIDENTIAL PREMISES, AND OFF PREMISES BEER RETAILERS
5.51.010: DEFINITIONS:
ALCOHOL ESTABLISHMENT: Any business that has obtained a license from the Utah
Department of Alcoholic Beverage Service.
ALCOHOLIC BEVERAGE: This term has the same meaning as defined in Section 32B-2-102
of Utah Code, or its successor.
ALCOHOLIC PRODUCT: This term has the same meaning as defined in Section 32B-2-102 of
the Utah Code, or its successor.
COMMON AREA: Any portion of a licensee establishment that is generally accessible to all
occupants, invitees, guests, or customers; or that is generally intended for the common use of
such occupants, invitees, guests or customers. Hotel rooms or employee-only areas are not
“common area.”
DABS: the Utah Department of Alcoholic Beverage Services.
LICENSEE ESTABLISHMENT: The location where any holder of a Salt Lake City business
license, obtained for any purpose, operates.
OFF PREMISES BEER RETAILER: This term has the same definition as defined in Section
32B-2-102 of Utah Code, or its successor provisions.
5.51.020: LICENSE REQUIRED:
Alcohol establishments, licensee establishments, and off premises beer retailers must obtain a
business license subject to the general requirements set forth in chapters 5.02 and 5.04 of this
title and the requirements included in this chapter.
5.51.025: STATE ISSUED ALCOHOL LICENSES REQUIRED FOR ALCOHOL
ESTABLISHMENTS:
No alcohol establishment may serve alcohol within the city without the appropriate valid license
or permit issued by DABS pursuant to title 32B, Utah Code, or its successor provisions.
5.51.027: SPECIAL EVENT ALCOHOL PERMITS:
A. Required: A city issued special event alcohol permit is required for all events which are
required to obtain from DABS a single event permit or temporary special event beer permit
under title 32B, Utah Code or its successor provisions, allowing alcohol to be stored, sold, served
and consumed for short term events.
B. Application Requirements: In addition to the application requirements set forth in
section 5.02.060 of this title, the following information is required:
1. The time, dates, and location of the event.
2. A description of the nature and purpose of the event.
3. A description of the control measures to be imposed by the DABSC and where
alcohol will be stored, served and sold.
4. Evidence that the applicant is not disqualified for the license or permit under Utah
Code Section 32B-1-304 or its successor provisions or city ordinance.
5. A signed consent form stating that law enforcement and authorized city
representatives shall have the unrestricted right to enter and inspect the premises during
the event to ensure compliance with state law and city ordinance.
C. Operational Restrictions: The permittee is subject to all operational restrictions imposed
by the DABS under its state permit. No alcohol may be served at any special event unless the
city permittee also obtains the appropriate state permit.
D. Nontransferable: Special event alcohol permits are not transferable.
E. Time Limits: Special event alcohol permits are subject to the time limitations applicable
to DABS single event permits and temporary special event beer permits.
F. Fees: Special event alcohol permits are subject to the fees that correspond to chapter
5.04 of this title and to an alcohol concession agreement fee. Such fees are set forth in the Salt
Lake City consolidated fee schedule.
5.51.030: ANNUAL LICENSE FEES:
Alcohol establishments, licensee establishments, and off premises beer retailers are subject to the
license fees set forth in chapter 5.04 of this title. For the purpose of establishing regulatory fees
and disproportionate costs for alcohol establishments, the city may separate alcohol
establishments into subcategories within schedules 1 and 2 of this title based on the types of
alcohol served and the type of business conducted within the alcohol establishment.
5.51.040: RESTRICTIONS GOVENING CONSUMPTION OF ALCOHOLIC
BEVERAGES AND ALCOHOLIC PRODUCTS IN COMMON AREAS:
Between 2:00 A.M. and 6:00 A.M. a licensee establishment shall not:
A. Furnish an alcoholic beverage or alcoholic product to an individual, nor
B. Allow an individual to consume an alcoholic beverage or an alcoholic product in the
common area of such establishment.
5.51.050: ENFORCEMENT:
In addition to any enforcement procedures set forth in Utah Code Title 32B, any holder of a Salt
Lake City business license found in violation of the provisions of this Chapter shall be (1)
subject to a $1000 fine per occurrence, and (2) the City may seek to suspend or revoke the
associated business license pursuant to the enforcement procedures set forth in Chapter 5.02.
SECTION 2. Enacting Section 11.12.070 of the Salt Lake City Code. That Section
11.12.070 (Public Peace, Morals and Welfare: Offenses Against Public Order) is hereby enacted
as follows:
11.12.070: UNLAWFUL CONSUMPTION OF ALCOHOL IN COMMON AREAS OF
NON-RESIDENTIAL ESTABLISHMENTS:
A. Definitions:
ALCOHOLIC BEVERAGE: This term has the same meaning as defined in section 32B-2-102 of
Utah Code, or its successor provisions.
ALCOHOLIC PRODUCT: This term has the same meaning as defined in section 32B-2-102 of
Utah Code, or its successor provisions.
COMMON AREA: Any portion of a non-residential premises that is generally accessible to all
occupants, invitees or licensees; or that is generally intended for the common use of such
occupants, invitees or licensees. Hotel rooms or employee-only areas are not “common area.”
NON-RESIDENTIAL PREMISES: Premises that do not meet any of the various definitions of
dwelling set forth in Section 21A.62.040.
B. An individual shall not consume an alcoholic beverage nor an alcoholic product in any
common area of non-residential premises during the time period beginning at 2:00 AM and
ending at 6:00 AM.
C. Operators of non-residential premises shall not permit the consumption of alcoholic
beverages or alcoholic products in any common area during the time period between 2:00 AM
and 6:00 AM.
D. Individuals found in violation of this Section shall be subject to a civil citation and
penalty of $500 per occurrence. Operators not otherwise subject to Chapter 5.51 shall be subject
to a civil citation and penalty of $1000 per occurrence.
SECTION 3. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
202__.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 202__.
Published: ______________.
After Hours Alcohol Ordinance(final)v1
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Katherine D. Pasker, Senior City Attorney
September 19, 2025