ordinance no. of2010...ordinance no. of2010 (revisions to titles 5 and 6 related to licensing of...
TRANSCRIPT
Ordinance No. of2010
(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, "imd consumption, of alcoholic products
as provided primarily in Title 32A ofthe 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
WHEREAS, 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
2
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 21 A. 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.
3
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-l 0-206(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
4
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 ofthe 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 alchohol permits are subject to the time limitations applicable to
DABC single event permits and temporary special event beer permits ..
C. Spcial 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
5
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 dispropOliionate 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
Ann. (2009), or successor provisions.
5.51.060 Alcohol Enforcement Hearing Board - Membership; Authority:
A. The alcohol enforcement hearing board hears license enforcement actions and
6
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 of the city's administration.
C. Appointed board members serve for a two year term and may be appointed for
two consecutive tenns. The city's 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 detennination 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
7
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 detelmine 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
8
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 'i~ 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 21 A.24.190 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
9
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 board, 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 3 2A -10-102 and 3 2A -10-103, Utah
Code Ann. (2009), or its successor provisions.
B. 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-1-1 05, Utah Code
Ann. (2009), or successor provision, are also subject to the requirements of Chapter 5.51
10
of this title.
5.54.030 License-Application:
Applicants for a t 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 anyone time
in such restaurant.
5.54.040 Restaurant License-Fee:
The license fee required for a restaurant shall be' ~t 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 __ day of
______ , 2010.
11
CHAIRPERSON ATTEST:
CITY RECORDER
Transmitted to Mayor on ____ -----,-. ___ _
Mayor's Action: ___ Approved. Vetoed. ---
MAYOR
CITY RECORDER
(SEAL)
Bill No. 0[2010. ----Published: --------
HB_ATTY-#7608-v3-ordinance_amending_title_S_and_repealing_title_6_.DOC
12
APPROVED AS TO FORM Salt Lake City Attorney's Office
Date 3 0 I By ~J.A.UM,~~
Ordinance No. of2010
(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
WHEREAS, 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, comfOli 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
2
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
bv the city by: (1) simplifying alcoholic beverage control regulation by not duplicating
state regulations. and ('1) limiting the city's regulatory interests to business licensing and
to land use concerns as provided in Title 21 A. The provisions of this chapter shall be
construed to effectuate those purposes. This chapter does not limit in any wav 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 31A-l-I 05(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 f01111 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.
3
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-l 0-206(7), Utah Code Aml. (2009), or its
successor provISIOn.
E. "Seasonal license" means a citv 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 tel111 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 citv 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 pem1it is required for all events which are
required to obtain from the Utah Alcoholic Beverage Control Commission a single event
4
permits or temporary special event beer permit under Ti. 32A, Utah Code AIm. (2009) or
its successor provisions, allowing alcohol to be stored, sold, served and consumed for
Sh011 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 fonn 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 pennit.
D. Special event alcohol permits are not transferable.
E. Special event alchohol permits are subject to the time limitations applicable to
DABC single event permits and temporary special event beer pennits. .
C. Spcial 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
5
and disproportionate costs for alcohol establishments, the city may sepaJate alcohol
establishments into subcategories within Schedules 1 and 2 ofthis title based on the tvpes
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(10 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 5.51.01 OCC), are applicable to alcohol
establishments only. Off-premise beer retailers are subject, when applicable, to the
enforcement requirements set forth in Section 32A-l 0-103, Utah Code Ann. (2009) or the
enforcement provisions set forth in Chapter 5.02.260 oftl1is title.
5.51.050 License Enforcement Action - Grolmds:
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! lA 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.r-ailure to maintain CUlTent and appropriate licensure under Title 32A Utah Code
Ann. (2009), or successor provisions.
5.51.060 Alcohol Enforcement Ilearing Board - Membership: Authority:
A. The alcohol enforcement hearing board hears license enforcement actions and
6
detennines appropriate penalties, based on the guidelines provided in Section 5 .5l.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 of the city's administration.
C. Appointed board members serve for a two year term and may be appointed for
two consecutive terms. The city's appointee serv~s 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 citv attorney may request citv 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
7
attomey, call witnesses and present evidence.
C. 11earings.
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 detem1ines that there is not sufficient evidence to prove the alleged
grounds for enforcement. then the matter \vill be dismissed.
6. If the board determines that suiTicient 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
8
5.02.250. In addition. for violations of Section 5.51.050(A), with respect to failure to
complv with the terms of a conditional use permit, the following mandatory minimum
penalties apply with respect to each condition for which a violation is fOlmd within a
three year period commencing on the date of the first offense. At the end of this three
vear period. the tiered offense cycle struts over.
A. Class I Violations. Violations of conditions that are required pursuant to the
Table of Permitted and Conditional Uses found 'i11 Section 21 A.24.190 are Class I
violations.
1. First Offense $500
") Second Offense $750
3. Third Offense $1000
4. Subsequent Offense 2 day suspension
B. Class II Violations. Violations of conditions added bv the Planning Commission
for the specific conditional use pennit pursuant to the Table of Permitted and Conditional
Uses found in Section 21A.24.190 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
9
for multiple violations mav 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 board, and the audio
recordin g of the heari.ng.
. , 5.51.100 0[[-Premise Beer Retailers _ .. . Operational Requirements and Enforcement:
A. Tn addition to any requirements under this code, off premise beer retailers are subject
to the operational requirements set forth in Sections 32A-IO-I02 and 32A-IO-I03, Utah
Code Ann. (2009), or its successor provisions.
B. For violations related to underage sale of beer, the enforcement process set fOlth at
Section 32A-l 0-1 03, 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:
A. "Food booth" means a temporary restaunmt operating in the form of ['. booth from
""hich food or drink is prepared, served or offered for sale or sold for human consumption
during a licensed Lmd approved event, for a period not to exceed seven (7) days. All
provisions of this chapter shall apply to food booths except section 5.54.090 of this
chapter, or its successor.
B-,-"Restaurant" means an establishment where food and beverages, which may contain
alcohol, are prepared, served, and consumed, mostly within the principal building.aHy
10
place of business ,<'{here food or drink is prepared, served and offered for sale or sold for
human consumption on or off the premises.
5.54.020 License-Required:
It is unlawful for any person to operate a restaurant in the city without first obtaining a
restaurant business license under chapter 5.02 and subject to the additional provisions of
this chapter. Restaurants that serve alcohol. as defined under Section 32A-l-l 05, Utah
Code Ann. (2009), or successor provision, are also subject to the requirements of Chapter
5.51 of this title.
5.54.030 License-Application:
l\pplication Applicants for a restaurant license under this chapter shall be made to the
±teense supervisor of the city, and shall shtWi must provide the location of the restaurant
and state the greatest number of persons that can be furnished with food at anyone 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. For out of doors restaurant facilities and for rooms used for
occmiional banquets but not wied for continuous dining, the fee :;hall be at the raK"-U-S--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 restaurant license under this chapter shall be referred to the Salt
Lake Vallev hHealth e.eDepartment for investigation and recommendation in accordance
with th-e-applicable health ordinances and regulations of the city and the health
regulations of the Salt Lake Valley health department.
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5.54.070 License Revocation ConditionS7
'rhe license of any restaurant keeper may be revoked by the mayor of the city at any time
upon notice and hearing, for any violation of any ordinance of the city or la'.'.' of the state.
5.54.080 Compliance \Vith l1ea11h Ordinances Required:
It is unlawful for any person to operate a restm:lrant in the city without complying strictly
with the health ordinances and regulations of the city and the health regulations of the
Salt Lake Valley health department.
5.54.c)90 Booths To Be Open /\nd Visible:
A. It is unlawful for any pe-FSB-n-te--kee-p,maintain, operate or OOfl-El:uct-an-y--restau·rant
which shall have \vithin it or in any manner connected '""ith it any:
1. Booth or stall having doom or curtains thereto; or
2. Booth or stall which shall be reached by any entrance except the main outside entrance
to such restaurant; or
3. Booth or staLl in ',vhich the tables or chairs are not plainly visible at all times from the
main nOBr of said restaurant; or
II. Booth or stall which shall not open the full \vidth en the side through .. vhich entrance to
such hOBth or stall is gained; or
5. Room, booth or stall that is not brightly illuminated at all times such room, booth or
stall is occupied.
B. It is unlawful for any person to diminish or extinguish the lights in any room, booth or
stall in any restamant while such romu, booth or stall is occupied. or to remain in such
room, booth or stall unless the same is brightly illuminated.
5.54.100 Persons Under Eighteen Years Of Age Employment Restrictions:
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It is unlawful for any person licensed under the provisions of this chapter to employ any
person under the age of eighteen (18) years after the hour of nine o'clock (9:00) P.M. of
a~
5.54.110 Employees Circulating Among Guests Restrictions:
It is unla'vvful for any person licensed under the provisions of this chapter to permit any
employee to circulate among the patrons or guests of such place of business except to
. , take or serve orders, or to permit any employee-k-) sit down at any table, counter or other
place in such place of business with any patron or guest. It is unlawful for any employee
of such place of business to circulate among the patrons or guests, or for any employee to
sit down at any table, counter or any other place in such place of business with any patron
or guest.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.
5.54.130 Prohibited Activities In Re~Jtaurants:
It is unlmNful 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
"prostitlltion" or solicit for hire any "sexual conduct" . as defined in chapter 11.16 of this
code, or itG succeSfJor; or b) permit any vulge,r, obscene, gross, indecent or immoral act, .
conduct, or disorder, or any "sexual conduct", as defined in chapter 11.16 of this code, or
its SUCcesseT-:
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5.54.1'10 Entertainers Not To Circulate Among Guests:
It is unlm:vful for the keeper, manager or the person in chmge of any restaurant or public
dining room to permit any person employed as an entertainer to circulate among the
patrons or guests of such place, and it is unlav.ful for any person employed as an
entertainer to circulate among the patrons or guests of such place.
5.5 /1.150 Offensive Behavior Prohibited:
. , A-Offensive Conduct: It is unla\vful for the ke8j:7er, manager or the person in charge of
any restaurant or public dining room to permit any person to conduct himself or heFSetf;
by word or act therein, or in [my 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 of this
code, or its successor.
B. Appearance 8t~Rlffi.vl;Jl to permit any dancer, entertainer or other per&efl
to appear in or on such place of business nude or "seminude" as defined by section
~1.040 orthi:; division, er-its succelJt)or, unless the licensed-eusiness complies with
chapter 5.61 of this division, or its successor.
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 COlllcil of Salt Lake City, Utah this __ day of
______ , 2010.
CHAIRPERSON
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ATTEST:
CITY RECORDER
Transmitted to Mayor on _________ _
Mayor's Action: ___ Approved. . , ___ Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. ____ of201O. Published: ---------HB_ATTY-#7608-v3-ordinance_amending_title_5_and_repealing_title_6_.DOC
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