064 of 2012 - Repealing Chapter 5.50 pertaining to private clubs; enacting Chapter 5.51 entitled Alcohol Establish 0 12-1
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Ordinance No. 64 of 2012
(Revisions to Titles 5 and 6 related to licensing of alcohol related businesses)
An ordinance repealing Chapter 5.50,Salt Lake City Code, pertaining to private clubs;
enacting a new Chapter 5.51, entitled "Alcohol Establishments and Off Premises Beer
Retailers;" amending Chapter 5.54, pertaining to restaurants, to include regulations
pertaining to alcohol related establishments; and repealing Title 6,Salt Lake City Code,
pertaining to alcoholic beverages.
WHEREAS, the Legislature has exercised the State's police power to regulate the
sale, service, storage, manufacture, distribution, and consumption, of alcoholic products
as provided primarily in Title 32A of the Utah Code, the Alcoholic Beverage Control
Act; and
WHEREAS, the Legislature has created the Alcoholic Beverage Control
Commission and the Department of Alcoholic Beverage Control to implement and
enforce the provisions of the Alcoholic Beverage Control Act; and
WHEREAS, the Legislature permits, but does not require,municipalities to
regulate alcoholic products as long as any such regulation does not conflict with the
Alcoholic Beverage Control Act; and
WHEREAS, Salt Lake City has regulated alcoholic beverages as provided in Title
6 of the Salt Lake City Code; and
WHEREAS, the Legislature authorizes municipalities to grant the business
license required by the Alcoholic Beverage Control Act and to suspend or revoke such a
business license as provided in Section 11-10-1 et seq., Utah Code Ann. (2009); and
WHEREAS, Salt Lake City issues business licenses pursuant to Title 5 of the Salt
Lake City Code; and
WIIEREAS, the Legislature has authorized municipalities to regulate the use and
development of land within their jurisdictions pursuant to the Municipal Land Use,
Development and Management Act, Section 10-9a-101 et seq., Utah Code Ann. (2009);
and
WHEREAS, the City Council has adopted Title 21A of the Salt Lake City Code,
which is the Zoning Ordinance of Salt Lake City; and
WHEREAS, in the 2009 general legislative session, the Legislature enacted and
the Governor approved SB 187, which modifies the Alcoholic Beverage Control Act; and
WHEREAS, SB 187 includes modifications to Chapter 5 (Private Club Liquor
Licenses) of the Alcoholic Beverage Control Act, Section 32A-5-101 et seq., Utah Code
Ann. (2009); and
WHEREAS, the City Council desires to amend the City Code to reflect the
changes brought by SB 187 as well as to clarify the regulation of alcoholic beverages in
Salt Lake City by focusing the City's regulatory interests on land use and business
licensing; and
WHEREAS, the City Council has the power pursuant to Section 10-8-84(1), Utah
Code Ann. (2009), to adopt ordinances necessary and proper to promote the prosperity,
improve the morals, peace and good order, comfort and convenience of the City and its
inhabitants; and
WHEREAS, the City Council wishes to promote local economic development
through a regulatory process that encourages the growth and stability of small businesses
while also mitigating the potential adverse land use impacts that the consumption of
alcohol may bring in certain circumstances
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NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City,
Utah, as follows
SECTION 1. That Chapter 5.50, Salt Lake City Code, entitled "Private Clubs
and Associations," be repealed in its entirety.
SECTION 2: That Chapter 5.51, Salt Lake City Code, entitled "Alcohol
Establishments," be enacted as follows:
Chapter 5.51
Alcohol Establishments and Off Premise Beer Retailers
5.51.005 Purpose:
The purpose of this chapter is to normalize the regulation of alcoholic beverages
by the city by: (1) simplifying alcoholic beverage control regulation by not duplicating
state regulations, and (2) limiting the city's regulatory interests to business licensing and
to land use concerns as provided in Title 21A. The provisions of this chapter shall be
construed to effectuate those purposes. This chapter does not limit in any way the
responsibilities of Salt Lake City police officers or Salt Lake City prosecutors under state
law.
5.51.010 Definitions:
A. "Alcohol" has the same meaning as Section 32A-1-105(2), Utah Code Ann.
(2009), or successor provisions.
B. "Alcohol establishment" means any business that sells alcoholic beverages to
patrons for consumption on the premises, as set forth in Section 21A.36.200 of this code.
C. "License enforcement action" means the administrative process set forth in
Section 5.51.010 of this chapter.
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D. "Off-premise beer retailer" means a retail business that sells beer in its original
packaging for consumption off the premises, but does not include the sale of beer in
sealed containers pursuant to Section 32A-10-206(7), Utah Code Ann. (2009), or its
successor provision.
E. "Seasonal license" means a city business license issued to an alcohol
establishment that is valid for a six month period corresponding with the periods
provided for"Seasonal A" and "Seasonal B" licenses issued by the Utah Alcoholic
Beverage Control Commission, pursuant to Title 32A, Utah Code Ann. (2009), and its
successor provisions.
5.51.020 License Required:
Alcohol establishments and off-premise 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. Alcohol establishments which qualify for a
Seasonal A or Seasonal B license issued by the Utah Alcoholic Beverage Control
Commission may obtain a seasonal license for the same term for which the state license
is issued.
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 the Utah Alcoholic Beverage Control Commission pursuant to
Title 32A, Utah Code Ann. (2009), and its successor provisions.
5.51.027 Special Event Alcohol Permits:
A. A city-issued special event alcohol permit is required for all events which are
required to obtain from the Utah Alcoholic Beverage Control Commission a single event
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permit or temporary special event beer permit under Ti. 32A, Utah Code Ann. (2009) 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 DABC and where
alcohol will be stored, served and sold.
4. 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 DABC under its state permit. No alcohol may be served at any special
event unless the city permittee also obtains the appropriate state permit.
D. Special event alcohol permits are not transferable.
E. Special event alcohol permits are subject to the time limitations applicable to
DABC single event permits and temporary special event beer permits. .
C. Special event alcohol permits are subject to the fees set forth in Chapter 5.04 of
this title.
5.51.030 Annual License Fees:
A. Alcohol establishments and off-premise beer retailers are subject to the license
fees set forth in Chapter 5.04 of this title. For the purpose of establishing regulatory fees
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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.
B. The license fee for a seasonal license will be assessed at 50% of the regulatory
and disproportionate fee charged for the type of alcohol establishment to be licensed as
listed on Schedules 1 & 2 of this title, plus the full base license fee provided in Section
5.04.070.
5.51.040 License Enforcement Action—Applicability:
License enforcement actions, as defined in Section 5.51.010(C), are applicable to alcohol
establishments only. Off-premise beer retailers are subject, when applicable, to the
enforcement requirements set forth in Section 32A-10-103, Utah Code Ann. (2009) or the
enforcement provisions set forth in Chapter 5.02.260 of this title.
5.51.050 License Enforcement Action—Grounds:
In addition to the grounds set forth in Section 5.02.250 of this title, the following are
grounds for a license enforcement action:
A. Failure to comply with the terms of a conditional use permit issued by the city
under Title 21A of this code.
B. Three (3) or more serious or grave disciplinary sanctions, as defined by the Utah
Department of Alcoholic Beverage Control, within a three (3) year period.
C. Failure to maintain current and appropriate licensure under Title 32A, Utah Code
Aim. (2009), or successor provisions.
5.51.060 Alcohol Enforcement Hearing Board— Membership; Authority:
A. The alcohol enforcement hearing board hears license enforcement actions and
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determines appropriate penalties, based on the guidelines provided in Section 5.51.080 of
this chapter.
B. The board has three (3) members: one member shall be appointed from the
hospitality industry, one member shall be appointed from the community, and one
member shall be appointed from the city administration.
C. Appointed board members serve for a two year term and may be appointed for
two consecutive terms. The city administration appointee serves as chair. The business
licensing supervisor will provide staff support to the board.
5.51.070 License Enforcement Action—Procedures:
A. How initiated. Upon receipt of a complaint regarding an alcohol establishment, the
business license supervisor will review the complaint with the city attorney to determine
whether sufficient grounds and evidence exist to initiate a license enforcement action.
The business license supervisor or city attorney may request city staff to investigate
further or obtain additional evidence before making a determination.
B. Notice upon determination to initiate a license enforcement action. If a
determination is made that sufficient grounds exist to proceed, the business licensing
supervisor will schedule a hearing before the alcohol enforcement hearing board. Thirty
(30) days written notice must be provided to the applicant or licensee. Notice may be
served personally or by registered letter, return receipt requested, at the licensed
premises. Receipt by any adult employee of the business constitutes adequate service.
The notice must include a description of the alleged conduct underlying the complaint; a
description of the potential penalties; the date, time and place the hearing will be
conducted; and a statement that the licensee has the right to appear, be represented by an
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attorney, call witnesses and present evidence.
C. Hearings.
1. Hearings will be conducted before the license enforcement hearing board. An
audio recording must be made.
2. The applicant or licensee may be represented by an attorney, call witnesses,
present evidence, and obtain administrative subpoenas from the City Recorder as
provided in Chapter 2.59 of this code.
3. Strict adherence to the Utah Rules of Evidence is not required. The board may
consider any relevant, non-privileged oral or documentary evidence presented.
4. After hearing the evidence presented, the board will make a factual
determination, based on a preponderance of the evidence, whether the alleged grounds for
enforcement have been proven. A finding by at least two (2) board members is sufficient
to sustain a determination. The board may request that counsel for either party draft the
findings of fact.
5. If the board determines that there is not sufficient evidence to prove the alleged
grounds for enforcement, then the matter will be dismissed.
6. If the board determines that sufficient evidence exists to prove the grounds for
enforcement, then it must determine the appropriate penalty based on the penalty matrix
in Section 5.51.080 of this chapter. The board must issue a written order, which may be
drafted by counsel for either party, referencing its finding of facts, and stating the penalty
imposed.
5.51.080 License Enforcement Action—Penalties:
The board is authorized to suspend or revoke a license a provided under Section
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5.02.250. In addition,for violations of Section 5.51.050(A),with respect to failure to
comply with the terms of a conditional use permit,the following mandatory minimum
penalties apply with respect to each condition for which a violation is found within a
three year period commencing on the date of the first offense. At the end of this three
year period,the tiered offense cycle starts over.
A. Class I Violations. Violations of conditions that are required pursuant to the
Table of Permitted and Conditional Uses found in Section 21A.24.190 are Class I
violations.
1. First Offense $500
2. Second Offense $750
3. Third Offense $1000
4. Subsequent Offense 2 day suspension
B. Class II Violations. Violations of conditions added by the Planning Commission
for the specific conditional use permit pursuant to the Table of Permitted and Conditional
Uses found in Section 2I A24.190 of this code are Class II violations.
1. First Offense $250
2. Second Offense $500
3. Third Offense $1000
4. Subsequent Offense 1 day suspension
C. For purposes only of the monetary penalties in this section,violations found to
have occurred on days prior to and up to five days after the licensee has received notice
of the hearing shall constitute a single offense. Each day of violation proved to have
occurred thereafter shall constitute a separate offense. If proven at the hearing,penalties
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for multiple violations may be imposed in a single hearing.
5..51.090 Appeal:
The applicant or licensee and the city may appeal any action of the boad to the third
district court. For the purpose of the appeal,the record of the hearing includes the
board's written findings and order,any evidence presented to the hoard,and the audio
recording of the hearing.
5.51.100 Off-Premise Beer Retailers—Operational Requirements and Enforcement:
A. In addition to any requirements under this code,off premise beer retailers are subject
to the operational requirements set forth in Sections 32A-10-102 and 32A-10-103,Utah
Code Ann.(2009),or its successor provisions.
S. For violations related to underage sale of beer,the enforcement process set forth at
Section 32A-10-103,Utah Code Ann.(2009),or its successor provisions,applies.
C. For all other violations,the requirements of Chapter 5.02 apply.
SECTION 3. That Chapter 5.54,entitled"Restaurants"be amended as follows:
5.54.010 Definitions:
As used in this chapter:
"Restaurant"means an establishment where food and beverages,which may contain
alcohol,are prepared,served,and consumed,mostly within the principal
building..5.54.020 License-Required:
It is unlawful for any person to operate a restaurant in the city without first obtaining a
business license under chapter 5.02 and subject to the additional provisions of this
chapter. Restaurants that serve alcohol,as defined under Section 32A-1-105,Utah Code
Ann.(2009),or successor provision,are also subject to the requirements of Chapter 5.51
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of this title.
5.54.030 License-Application:
Applicants for a license under this chapter must provide the location of the restaurant
and state the greatest number of persons that can be furnished with food at any one time
in such restaurant.
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
of this title, or its successor. 5.54.060 Application - Referral To Health Director:
All applications for a license under this chapter shall be referred to the Salt Lake Valley
health Department for investigation and recommendation in accordance with applicable
health ordinances and regulations.
5.54.120 Entertainment-Hours When Restricted:
It is unlawful for the keeper, manager or person in charge of any restaurant or public
dining room to permit any singing, dancing, playing of musical instruments or any other
form of amusement or entertainment to be carried on in such restaurant or public dining
room, or in any room, booth or other place connected therewith on or after one o'clock
(1:00) A.M. and before six o'clock (6:00) A.M. of the same day.
SECTION 4. That Title 6, Salt Lake City Code, entitled"Alcoholic Beverages"
be repealed in its entirety.
SECTION 5: This ordinance shall take effect upon publication.
Passed by the City Council of Salt Lake City, Utah this 18th day of
September
, 2012.
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Transmitted to Mayor on od-04-er 23 'le- .
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Mayor's Action: .>2 Approved. Vetoed.
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CITY RECORDER
APPROVED AS TO FO7M
(SEAL) Salt Lake City Attorney's Office
Date , t 1 ZO)Z
Bill No. 64 of 2012. B `r
Published:
October 27, 2012 y / 7 -a'
H B_ATTY-#7608-v4-ordinance_amending_title_5_and_repealing_title_6_.DOC
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