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SUMMIT CO(AITY, UTAH ORDINANCE NO.853 AN ORDINANCE REPEALING SUMMIT CODE TITLE 3, CHAPTER 2 "ALCOHOLIC BEVERAGES'' AND ENACTING A NEW TITLE 3, CHAPTER2 "ALCOHOLIC BEVERAGES" WHEREAS, the last time amendments were made to Summit County Code related to Alcoholic Beverages was in 2009; and WHEREAS, the classifications of alcoholic beverage licenses in Summit county do no1 mirror the state-issued licenses found in the State of Utah's Alcoholic Beverage Control Act; and WHEREAS, the county council of summit county ("the council") desires to ensure - consistency between th; Alcoholic Beverage control Act and Summit county code and an overhaul ofthe existing Summit County Code is necessary to ensure such consistency; and WHEREAS, the Council believes that these changes will provide both Summit County staff and tf," prifi" a better level of predictably and ease in the way alcoholic beverage licenses are issued' NOW THEREFORE, the Council of Summit, State of utah, hereby ordains as follows: Section 1: The Council hereby repeals Summit County Ordinance No. 722, An Ordinance A-"rdC Summit County Code Title 3, Chapter 2 Alcoholic Beverages dated July 15,2009. &slis4z The council hereby enacts a new Title 3, chapter 2 Alcoholic Beverages attached hereto as Exhibit A. Section 3: This Ordinance shall take effect fifteen (15) days after the date of its publication' AppRovED, ADOPTED, AND PASSED and ordered published by the summit county Council, this 2nd day of December 201 5. ATTEST: SUMMIT SUMMIT COTINCIL SUMMIT CQUNTY, UTAH By Council Chair ---PAGE BREAK--- TITLE 3 CHAPTER 2 ALCOHOLIC BEVERAGES 3-2-1: PURPOSE AND POLICY: It is the purpose of this chapter to normalize the regulation ofalcoholic beverages by the county Ly, a; alcoholic beverage control regulations by not duplicating state regulations, b) fi.iting tfr" "orniy'r regulatory interests to business licensing and to local consent as required by iu*; c) place ih" p.i.ury .".ponsibility for maintaining order and preventing breaches ofthe peace *ithin establishments selling and serving alcoholic beverages on the owners and managers of those establishments. 3-2-2: DEFINITIONS: A. The definition of each term which is defined in Utah Code Title 32B, Alcoholic Beverage Con*t a"t, as amended, is hereby adopted into this chapter, except to the extent modified by this chapter. B. In addition to definitions under Utah State Code: OFF PREMISES BEER RETAILER: A business that is engaged, primarily or incidentally, in the retail sale ofbeer to a patron for consumption offthe beer retailer's premises and is licensed in accordance with title 32B, Utah Code Amotated and this chapter' 3-2-3: RECOGNITION OF STATE LAW: A. The sales and distribution ofalcoholic beverages are regulated under state law as found in Title 328 of Utah Code Annotated. It is the intent of this chapter to regulate in those areas that state law specifically leaves to local control and also in areas oflocal concem not directly covered bY state law. B. The County adopts the State of Utah's Alcoholic Beverage Control Act, Title 32B, Utah Code Annotated, 1953, in its entirety, as amended from time to time. It is the responsibility ofany applicant under this chapter to be in compliance with identified "orrditiorrr and requirements ofstate law and this chapter prior to making application with the Counry. It is the obligation of each applicant under this chapter to stay in compliance with state law and this chapter regardless of changes to those laws. To the extent permiued by state law, the officers and administrators ofthe County shall enforce both ihe provisions ofstate law regulating alcoholic beverages as well as the provisions of this chaPter. 2 ---PAGE BREAK--- 3-2-4:LOCAL CONSENT FOR STATE LICENSE: A. Prior to the clerk,s office issuing an initial alcohol licensdermit, an applicant must obtain local consent. The County may provide its consent for the following categories of state licenses: I ) Clubs (equity, fratemal, dining or social); 2) Restaurants (full service, limited service, beer-only); 3) On premises (recreational, banquet/catering, tavern) 4) Reception centers 5i Man;facturing (distillery, brewery, winery, brewery with on-premise consumption) 6) Package Agency 7) SPecial Use 8) Event permit (single event or temporary special event beer) 9) Liquor warehouse 10) Beer wholesaling 1 l) Any category of state license not otherwise listed herein 3 LOC AL CONSENT APPLICATION AND REQUIREMENTS Local consent shall be conditioned upon any applicant satisfying the following criteria: A. Oualifications: Local consent shall not be granted to any applicant that does not meet all of the following qualifi cations: l. must be twenty-one (21) years ofage or older; 2. must not have been convicted of: a. a felony under federal or state law; b. any crime conceming the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product; c. a crime involving moral turpitude; d. on two or more occasions within the five years before the day on which the license or permit is issued of driving under the influence ofalcohol, drugs, or any combination ofalcohol and drugs. 3. must not have had any type of beer or liquor license or permit revoked within the last three years; 4. must comply with federal and state laws pertaining to the payment of taxes and contributions to unemployment and insurance funds. ---PAGE BREAK--- must meet all other state requirements for the applicable license or permit' is not in defuult under the provisions ofany County ordinance; is not indebted or obligated in any manner to the county, except for current taxes' B. Ownership: Each applicant for local consent shall disclose to the County the identity and -uilirrgedd."ttes ofevery owner of twenty (20) percent or more ofa proprietorship; every partner controlling twenty (20) percent or more ofa partnership; every shareholder owning iwenty (20) percent or more ofihe shares of a corporation and every officer and director ofthe corpo;aiion; every manager ofan LLC or owner of twenty (20) percent or more.of an LLC; and "u"ry director, managing agent or similar offrcer. Each of these individuals must meet the qualifications set forth in section A above. c. Apolication: Each new applicant for local consent shall file a written application with the coffiSi"t rhall be verifiid and filed with the county clerk. The application must be subscribed by the applicant, who shall state under oath that the facts therein contained are true. Fuit*" to provide ati required information or providing false or misleading information in the uppti"ution shall constitute grounds for denial of the application or revocation oflocal consent, aii shall constitute a misderneanor, if done willfully with the intent to mislead the county' The application shall include: 1. The apPlicant's name in full; 2. The applicant's mailing address; 3. The applicant's proposed location; 4. The category or categories of state license requested under section 3-2-4, ifapplicable, and statement ofthe pu{pose for which the applicant has applied for the consent; 5. A description of the control measures to be imposed by the DABC and where alcohol will be stored, served and sold; 6. A signed consent form stating that law enforcement and authorized County representatives sha'il have the unrestricted right to "nt". *d inspect the premises to ensure compliance with state law and CountY ordinance; 7. Acknowledgement that the applicant has complied with the requirements and possesses the qualifications specified in slition 3-2-5(A) above and the Alcoholic Beverage Control Act; g. Acknowledgement that the applicant is subject to all operational restrictions imposed by the DABC under its state Permit; 5. 6. 7. 4 ---PAGE BREAK--- g. Acknowledgement that the proposed use of any premises by the applicant will not be in violation of county zoning regulations and that the applicant will otherwise be in full compliance with all applicable county, state and federal laws and ordinances; 10. Acknowledgement that no alcohol may be stored, served, or sold unless the applicant also obtains the appropriate state permit; and 10. The application shall also contain such information as shall from time to time be required by the county clerk or county manager. D. Review and inspection: In order for an application to receive local consent, the County Clerk rnust receive a positive recommendation from all of the following Summit County departrnents : 1. Summit County Sheriff: All applications filed in accordance with the provisions of this cnal-ter shalt be rlferred to the county sheriffor designee for inspection and report. Prior to issuance ofany local consent license or permit, all applicants and their supervisory personnel shall submit to a Utah Bureau of Criminal Identification (BCI) check conducted through the county sheriff andlor the state of Utah. In the event new supervisory personnel are hired durini the term of the license/permit, said new personnel shall submit to a BCI check within thirtyi3o) days of the hire date. The sheriff shall, within ten (10) days ofhis/her receipt of the application, make report to the county clerk. In conducting an investigation and making a recommerdation, the county sheriff or designee may base a decision upon factors such as: a. The general reputation and character ofthe persons who habitually frequent such Place; b. The nature and the kind ofbusiness conducted at such place by the applicant or by any other person or by the applicant at any other place; c. Whether such place is or has been conducted in a lawful, quiet and orderly manner; d. The nature and kind of entertainment, ifany, at such place; e. Whether gambling is or has been permitted on the premises or by the applicant at any other Place; f. whether the premises meets the proximity requirements outlined in subsection E, below; g. Results ofthe BCI check from the state; h. Whether the applicant meets the qualifications under this chapter or state code; 5 ---PAGE BREAK--- i. Whether any criminal violations or charges against the applicant exist where the criminal violation at issue would make aa applicant ineligible for a license or permit under this chapter or state code; j. Compliance with the Alcoholic Beverage Control Act and this chapter; k. Policies and safety protections the applicant has in place to restrict minors from accessing the portion or portions ofa premise where alcoholic beverages are sold or to prevent minors from gaining access to and./or consuming alcoholic beverages. The cognty sheriffor designee shall also add to such report his recommendation as to whether local consent should be granted. If recommending denial, the county sheriff or desigaee shall submit a detailed report of the investigation, record the recommendation on the application, and sign the application. If recommending approval, the county sheriff or designee shall record such recommendation on the application, sign the application, and may, at his/her sole discretion, submit a detailed report of the investigation. 2. Health Department Inspection: All applications filed in accordance with the provisions of this chapter shall be referred to the health department, which shall inspect all premises to assure r-it .y compliance with the laws of the state, the ordinances of Summit County, and health department rules and regulations on the preparation, storage, distribution or sale ofalcoholic products and food. The health department shall make its report to the county clerk within ten (10) days after his/trer receipt ofthe application. 3. Fire Departrnent Inspection: All applications filed in accordance with the provisions of this chupt". shull be referred to the appropriate fire authority, which shall inspect a1l premises to assure compliance with all fire standards ofthe state, the ordinances of Summit County, and fire authority rules and regulations. The fire authority shall make its report to the county clerk within ten (10) days after his/her receipt of the application. 4. Communitv Development Inspection: All applications filed in accordance with the provisions of this chapter shall be refened to the Summit County department of community development, which shall inspect all premises to be licensed, to assure compliance with all zoning- and land use regulations and applicable building codes of the state and county. The department of community development shall make its report to the county clerk within ten (10) days after his/her receipt ofthe application. E. Proximitv Reouirements: The applicant's proposed location must meet the proximity requirements outlined in the state's alcoholic beverage control act or have received a variance to said proximif requirement as outlined in the state's alcoholic beverage control act and in Section 3-2-10, betow. This section shall not apply to event permits. F. Trainine Requirement: No applicant shall be granted local consent unless the applicant has shown by certificate(s) granted by the DABC or by adequate proofofthe existence of such certificate(s), that each employee of the business engaging in the servicing, selling, or ---PAGE BREAK--- fumishing of alcohol on the premises has completed the Alcohol Training and Education Seminar as required by the state alcoholic beverage control act. Each new employee ofa licensee who is required to complete this seminar shall complete the seminar within thirty (30) days of commencing employment. G. Fees: Applications shall be accompanied by fees as established by the county council, which are in addition to the general business license fees and any other basic license fees or regulatory fees which may apply, as required under law. If the application is duried, fifty percent (50%o) ofthe license fee will be retained to pay the costs ofprocessing the application. 3-2-6: EVENT PERMITS: A. Additional Aoolication Reouirements: In addition to the application requirements set forth in S""ti* 3-2-5 above, if an applicant is requesting local consent for an event permit, the applicant must also include the following information: 1) The applicant must designate the event as either a single event permit or a temporary beer erent per.it as set forth below. The event is subject to the time limitations applicable to the state issued event Permit. a) Single Event Permit: A single event permit authorizes for a period not to exceed 120 "orrr"cutiu" hours (5 consecutive days) or 72 hours (3 consecutive days), the storage, sale, offering for sale, fumishing, and consumption of alcoholic beverages' for on-premise consumption in a manner consistent with title 328, Utah Code Arurotated. An applicant shall state on the application whether the single event permit is a 120 hour or 72 hovr single event permit. b) Temporary Beer Event Permit: A temporary beer event perrnit authorizes the storage, sale, offering for sale, furnishing and consumption ofbeer at retail for on-premise consumption at an event for a period not to exceed 30 days. No alcoholic beverage other than beer may be sold under a temporary beer event permit; 2) The applicant must include the time, dates, location, and estimated number to be in attendance of the event; 3) The applicant must describe the nature and purpose ofthe event; 4) The applicant shall acknowledge his/her understanding that the event permit is nontransferable. B. Limitations on Number of Events: 7 ---PAGE BREAK--- 1) Single Event Permits: In any one calendar year, an applicant may obtain up to 12-event plrmiti provided that all such permits in the calendar year are for seventy-two (72) hours or -fewer. If any permit issued to an applicant within one calendar year exceeds 72 hours, the applicant may obtain no more than four single event permits for that one calendar year. 2) Temporary Beer Event Permits: No applicant shall in any one calendar year operate temporary beer events for more than a total of ninety (90) days. C. Exemptions: l) Local consent is not required for an event permit if the entity applying is a state agerlcy or a political subdivision of the state. 2) Events or assemblies held at private residences, where alcoholic beverages are not sold, shall be exempt from the requirements of this chapter. D. Nontransferable: Events permits are not transferrable from person to person or location to location. 3_2-7 z OFF PREMISES BEER RETAILERS; OPERATIONAL REQUIREMENTS AND ENFORCEMENT: A. An off-premise beer retailer license shall entitle the licensee to possess, sell, offer for sale, or fr-l.h b""r in its original packaging and in containers no larger than 2 liters for consumplion off the premises in a manner consistent with the state's alcoholic beverage control act and this chapter. B. Off premises beer retailers are subject to the operational requirements set forth in section 32B- 7 -202 and Part 3, Off-Premises Beer Retailer Enforcement Act. C. For violations related to underage sale ofbeer, the enforcement process set forth at section 328-7 -201, Utah Code Annotated (201 or its successor provisions, applies. 3-2-8: LOCAL CONSENT APPROVAL; TERM A. The County Clerk shall make a determination of whether local consent is appropriate under the provisions olthis chapter, and is not authorized to deviate from this chapter's requirements' B. prior to operating under the authority of this chapter, each approved applicant must obtain and provide to the County proof of state licensure. No local consent shall be effective until the state has issued a license or permit to the applicant pusuant to state statute. C. Providing consent for purposes of state law does not authorize any action or business practice which is prohibited by or inconsistent with this chapter. ---PAGE BREAK--- E. Local Consent License: Local Consent licenses shall be signed by the County Clerk and shall contain the following information: 1. The street address ofthe premises and mailing address if different; 2. The state license classification(s); 5. The name ofthe person to whom such license has been issued and the name of a local contact person; 6. The name ofthe business; 7. The term including commencement and expiration dates; and 8. That local consent is subject to revocation by the county for violation ofthis chapter and/or the Alcoholic Beverage Control Act. F. Term: Except as outlined in Section 3-2'9(l), "Transfers," local consent is a one-time ."qrri."rn"nt and must be obtained for all new applicants. Unless otherwise provided under this chapter once local consent is obtained, one must renew hislher license by January 15fi of each year, unless revoked or suspended under this chapter or unless the applicable state licenie is suspended, revoked or denied. A license issued hereunder may be granted for a term of six months at one-half (t/2) the yearly license fee; provided that any such license shall expire on July 15th of the year of issuance or January 15, in the year following the year ofissuance, whichever date shall first occur after the granting ofsuch license. G. Display: The local consent license shall at all times be conspicuously displayed to the public in the place to which it shall refer and for which it shall be issued. 3-2-9: RENEWAL, DENIAL, SUSPENSION, REVOCATION AND TRANSFER OF LICENSE: A. Renewal of Existine Licenses: In December ofeach year, the county clerk shall send via first class mail, notice to each business with local consent that the license is scheduled to expire. Businesses desiring to renew shall file with the County clerk a renewal fee, a completed renewal application in a form prescribed by the county clerk, and copies of their current state license(s) at least thirty (30) days prior to expiration. The county clerk shall issue a new license valid through January I 5th of the next licensing year if the above requirements are met- B. Failure To Renew: Upon written notification by the county clerk, the local consent holder must close his/her licensed premises on the date the existing license expires and shall keep the premises closed for any and all business for the sale ofalcohol until the date the new license is issued. In the absence ofsuch notice, pending action on license renewals, thc ---PAGE BREAK--- license is deemed extended provided a renewal application was filed on or before thirty (30) days prior to expiration. Those failing to file in a timely manner shall be assessed a penalty equaito twenty five percent (25%) ofthe renewal fee pursuant to the County fee schedule. C. Grounds for Denial. Suspension And Revocation: 1. Initiated: The county clerk may, on his or her own initiative or in response to complaints from the general publiC or any County department, investigate and gather evidence of violationi of this chapter or other circumstances which may give rise to a denial, suspension or revocation. The County Clerk may request County staff to investigate further or obtain additional evidence before making a determination. The County Clerk will determine whether sufficient grounds and evidence exist to initiate deniaVrevocation/suspension of local consent/license. 2. The county clerk shall have the authority, without a hearing, to deny an application for local consent under this chapter ii a. The application does not contain all ofthe required information; b. The application fee is not Paid; s. The applicant and owners and/or premises did not meet all ofthe requirements of section 3-2-5, where aPPlicable; d. The applicant intentionally misrepresented or concealed information required by this chapter in an application for local consent; f. The applicant holds local consent for other premises under this chapter, which are not ingood standing, or upon which premises the provisions of this chapter and state laws are frequently violated; or h. The applicant does not hold a current Summit County business license' 3. The County Clerk shall have the authority to suspend or revoke, without a hearing, local consent under this chapter for the following reasons. However, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this chapter below has passed. a. The applicant and owners under section 3-2-5(8), ifapplicable, do not meel the qualifications set forth in section 3-2-5(4,) or in state code, or local consenl could be denied for any of the reasons listed in Section C2, above; b. The local consent holder has violated state or local alcoholic beverage laws or regulations; l0 ---PAGE BREAK--- d. The local consent holder does not pay an application fee, renewal fee or fine; e. The local consent holder does not hold a current Summit County business license; f. The local consent holder fails to follow the transfer process outlined in section 3- 2_e(r); C. The local consent holder has failed to comply with the terms of its related land use permit (e.g. conditional use permit or low impact permit); h. Three or more serious or grave disciplinary sanctions, as defined by the Utah DABC, within a three year period; i. Failure to maintain current and appropriate licensure under the state's alcoholic beverage control act, or its successor provisions. j. Failure to complete the training requirements outlined in section 3-2-5(F), unless ihe li""nt"" ptovides to County Clerk proof of compliance within thirty (30) days of the time that licensee is first notified that such violation occurred. D. procedure for Denial. Suspension or Revocation: The County Clerk shall give notice to any ^ppli"a.rt or lo"ul consent holder ofthe decision to deny, suspend or revoke under this chapter by mailing notice by certified mail to the individual identified in the application at the address listed on the application. The notice shall include the following information: 1. Name of applicant/local consent holder; 2. Reason for deniaUsuspension/revocation including indication of county, state or federal law violated; 3. Explanation ofright of applicant/local consent holder to appeal the decision of the County Clerk; 4. Time frames and process for appeal; and 5. Indication that ifthe applicanVlocal consent holder chooses not to appeal within the specific time frame, the decision ofthe County Cterk shall be considered final and the applicant/local consent holder will be expected to comply immediately. E. Appeals: Decisions herein by the County Clerk may be appealed to the Summit County Council within l0 calendar days of the date of mailing of the certified letter noti$ing the applicant/local consent holder of the denial/suspensior/revocation. ll ---PAGE BREAK--- F. Licensing after Revocation: In the event an application has been denied or local consent revoked or suspended, the applicant may not reapply for a license for the same location until one year has expired from the date of said deniaVsuspension/revocation. G. Validitv of Business License or Local Consent Durins Appeal: Throughout the appeal p.o"err, an individual with a suspended or revoked business license or suspended or revoked iocal consent may continue to operate his or her business in accordance with federal, state and local laws pending final decision on the appeal, or until the time for appeal has passed, whichever occurs first. H. Emergency Suspensions by Countv Sheriff: Local consent under this chapter may be ru.p*a.a by the county sheriffor designee without prior hearing provided there is probable cause to believe violations of this chapter or state law are occurring, and the conditions are such that the public health and safety are endangered. Such temporary suspension shall occur only if the management or the licensee fails to remedy the situation within fifteen (15) minutes of notification by the county sheriffor designee that a suspension will occur if the conditions complained of are not remedied in a manner that eliminates the immediate danger to public healih and safety. No emergency suspension by the county sheriff or designee shall extend beyond the ordinary close ofbusiness on the day on which the suspension was given' L Transfers: Local consent licenses may not be transferred from one person to another or one -premises to another without reapplying for local consent and following the provisions set 'forth in Section 3-2-5. Applicants must also present proof that the transfer was approved by the DABC as outlined in title 32B, Utah Code Annotated. 3-2-10: MISCELLANEOUS A, Countv Park Restrictions: it is unlawful for any person to possess or consume beer or other alcoholic beverages upon the premises ofa county park, except upon the express written approval ofthe county manager. Those parks under the jurisdiction ofa Special Service District oiihe county shall comply with the regulations, policies, or procedures ofthat Special Service Districl. B. Inspection of Premises: The county sheriff, health department offrcial the county clerk, and the county code enforcement offrcer or their designees shall be permitted to have access to all licensed premises or those establishments applying for license under this chapter, and they may make periodic inspections ofsuch premises and report their findings to the county clerk. C. Proximity Variances: All licenses/local consent holders issued pursuant to this chapter shall comply with the proximity requirements as set forth above. With respect to a premises that sells, serves or distributes alcohol, the County Council may authorize a variance that reduces the proximity requirements and may give written consent to the state's DABC if the County Council holds a public hearing and determines that l) Altemative locations for the premises in the community are limited and t2 ---PAGE BREAK--- 2) The location would not be detrimental to the public health, peace, safety, and welfare of the communitY. D. Penalties: Unless otherwise provided, any person who violates any provision ofthis chapter shall be guilty ofa class B misdemeanor and, upon conviction thereof, punishable as provided by state law. 13