City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 5. Chapter 20. Beer Licenses
5-20-1. Definitions.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-2. Unlawful to engage in retail beer sales without a license.
(Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-3. Beer licenses classified.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-4. Class A retailer license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-5. Class B restaurant license.
(2) Only bona fide restaurants, where a variety of hot food is prepared and cooked, and where complete meals are served to the general public in connection with indoor dining accommodations, shall be entitled to Class B licenses. All Class B licensees shall maintain records, including invoices, vouchers, and receipts, which shall disclose the gross dollar sales of food served for consumption on the licensed premises during each and every month of the year. In those licensed establishments which are also licensed by the state of Utah to allow consumption of liquor on the premises, the sale of carbonated and noncarbonated soft drinks, soda water, water, and other mixers shall not constitute the sale of food within the meaning of this Chapter, and such licensees shall maintain a separate record which shall disclose the gross sales of such mixers during each and every month of the year. The licensee shall make all gross dollar sales records available for inspection and audit by the City within 48 hours of the City’s written request to inspect and audit the records. Failure of a licensee to properly maintain or make available records of gross dollar sales for inspection and audit shall be cause for revocation of the Class B license. If an audit or inspection discloses that the sales of food served for consumption on any licensed premises hereunder are less than 60% of the gross dollar sales for any month, the licensee shall be required to submit to the Department, within 15 days from the date of written notice mailed to the licensee of the results of the inspection and audit, a written plan detailing all corrective actions to be taken by the licensee to comply with the provisions of the Class B license. Failure to submit the plan in a timely and complete manner, or failure to adhere to the substance and timing of the plan, shall be grounds for license suspension.
(3) No person under the age of 21 years shall serve beer under this license.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-6. Class C tavern license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-7. Class D private facility license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-8. Class E public facility license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-9. Class F brew pub license.
(2) Definitions.
(a) Brew pub. A restaurant-type establishment which also has a beer brewery, producing beer for sale and consumption on site or for retail carryout sale in containers holding less than 2 liters.
(b) Micro-brewery. A brew pub which markets beer wholesale in barrels (31 U.S. gallons each).
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002)
5-20-10. Combination B and C license.
(Ord. 2002-05, 04-03-2002)
5-20-11. Seasonal or Event license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-12. Liquor license.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-13. Application for license; general requirements.
(2) The applicant shall be either the majority owner of the establishment or the senior individual charged with operating the establishment.
(3) The following information shall be shown on or attached to the application form:
(a) Age of applicant; if the applicant is a business association, then the age of the senior individual charged with operation of the establishment;
(b) Citizenship of applicant; if the applicant is a business association, then the citizenship of the senior individual charged with operation of the establishment;
(c) Certified copy of applicant’s criminal history, the certification being within 30 days of submitting the completed application to the Department; if the applicant is a business association, then the criminal history of the senior individual charged with operation of the establishment; and,
(d) Copies of other alcohol licenses issued to the applicant for the 3 years previous to the date of application. If copies are unavailable, the applicant shall supply a complete list of said licenses, including the type of license, the licensed address, and licensing jurisdiction.
(e) Copies of all information provided to the state of Utah pursuant to state alcoholic beverage licensing requirements.
(f) The names of all owners, managers, officers, directors, or other persons with control over the operation of the establishment.
(g) If the applicant is a business association, copies of an enterprise’s current articles of incorporation, by-laws, partnership agreement, and other documents governing the enterprise.
(h) Other information reasonably required by the Department.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1999-02, 01-20-1999) (Ord. 1985-01, 02-26-1985)
5-20-14. Referral to Police Department.
(Ord. 2019-26, 11-20-2019) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002) (Ord. 1999-02, 01-20-1999)
5-20-15. Grounds for denial.
(1) Conviction of any felony criminal offense, federal or of any state, within 10 years of the date of application;
(2) Conviction of any alcohol-related misdemeanor criminal offense, federal or of any state, within 5 years of the date of application;
(3) Conviction of any misdemeanor criminal offense involving moral turpitude within 5 years of the date of application; a criminal offense involving moral turpitude shall include, but not be limited to, the following:
(a) sexual crimes, such as lewdness;
(b) theft crimes, such as retail theft; and,
(c) honesty crimes, such as providing false information to a peace officer;
(4) Knowingly providing false information on or with the license application, or to the Department or Police Department in reference to the license application;
(5) Proximity. The proximity restrictions contained in Utah Code §32B-1-202, as amended, shall apply to establishments licensed pursuant to this Chapter. A Combination B and C license establishment and a Class F license brew pub establishment shall be considered restaurants for purposes of proximity;
(6) Any violations of the terms of any alcohol license issued by another jurisdiction within 2 years of the date of application;
(7) Any undisclosed violations of the terms of any alcohol license issued by another jurisdiction within 5 years of the date of application; and,
(8) Any violation of the terms of any license issued pursuant to this Chapter within 2 years of the date of application. If the violation resulted in a license revocation, the time period shall be 3 years.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord.2002-05, 04-03-2002)
5-20-16. Approval or denial of license; appeal.
(2) A license not approved within 15 days of return of the application by the Police Department to the Department shall be deemed denied.
(3) (a) An applicant whose license has been denied may appeal in writing to the Director within ten days after the denial. The appeal need not be on a particular form, but must state the specific basis of the appeal. The Director shall promptly issue a written decision.
(b) An applicant whose appeal has been denied by the Director may appeal to the Administrative Hearing Officer, pursuant to Chapter 1-28, by filing with the City Recorder a written appeal within ten days after the Director’s denial.
(4) A license applicant whose application has been denied pursuant to Section 5-20-15(4), herein, shall be ineligible to apply for another license for 1 year from the date of denial.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002)
5-20-17. License renewals.
(Ord. 2019-26, 11-20-2019) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-18. Transfer of license.
(Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-19. License fees.
(2) Exemption from the payment of the above fees shall be pursuant to Section 5-1-7, above.
(Ord. 2002-05, 04-03-2002) (Ord. 1987-24, 01-02-1988) (Ord. 1985-01, 02-26-1985)
5-20-20. Referral to health department.
(2) Among other things, said Departments shall inspect the establishment and require compliance with health and safety provisions of all codes applicable in Tooele City.
(3) Any fees charged by said Departments shall be in addition to the licensing fees established herein.
(Ord. 2019-26, 11-20-2019) (Ord. 2002-05, 04-03-2002) (Ord. 1999-02, 01-20-1999)
5-20-21. Class C tavern license restriction.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01. 02-26-1985)
5-20-22. Expiration of license.
(1) Seasonal or Event Licenses. Seasonal or Event licenses shall be issued for a maximum of 30 days.
(2) Licensee Ceases Operation.
(a) Any and all licenses issued pursuant to this Chapter shall expire if the licensee ceases to operate the
licensed establishment.
(b) “Ceases to operate” for purposes of this Chapter shall include but not be limited to the following:
(i) Licensee sells the business including all assets;
(ii) The licensed establishment closes for business for 30 days or more, unless a building permit has been obtained from the City for construction at the licensed premises;
(iii) Licensee’s lease has expired or been terminated at that location; and/or,
(iv) Licensee does not possess a valid current Tooele City business license to conduct business at that location.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01,02-26-1985)
5-20-23. Display of licenses.
(Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-24. Periodic inspection of premises by police department.
(Ord. 2019-26, 11-20-2019) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-25. License Suspension.
(a) a second or subsequent violation of any of the provisions of this Chapter; or,
(b) failure to submit the plan required by Section 5-20-5, herein, in a timely and complete manner, or failure to adhere to the substance and timing of the plan.
(2) Upon the occurrence of a violation under Subsection (1), herein, the Department shall cause to be mailed a Notice of Suspension. The notice shall state the following:
(a) the grounds upon which the license has been suspended;
(b) the length and commencement date of the suspension;
(c) the right to appeal the suspension;
(d) that the licensee may continue to serve and sell alcohol pursuant to the terms of the license and the provisions of this Chapter until the commencement of the suspension.
(3) (a) An applicant whose license has been suspended may appeal in writing to the Director within ten days after the date of the Notice of Suspension. The appeal need not be on a particular form, but must state the specific basis of the appeal. The Director shall promptly issue a written decision.
(b) An applicant whose appeal has been denied by the Director may appeal to the Administrative Hearing Officer, pursuant to Chapter 1-28, by filing with the City Recorder a written appeal within ten days after the Director’s denial.
(4) A suspension shall become effective at 8:00 a.m. on the eighth day after the date of the Notice of Suspension.
(5) A suspension shall be tolled during the pendency of any appeal.
(Ord. 2019-26, 11-20-2019) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002)
5-20-26. License Revocation.
(a) A fourth violation of the provisions of this Chapter;
(b) Failure to maintain, or to make available for inspection and audit, records of gross dollar sales, as required by Section 5-20-5, herein.
(c) Discovery that the license applicant knowingly provided false information on or with the license application or to the Department or Police Department in reference to the license application.
(2) Upon the occurrence of any of the above, the Department shall cause to be mailed a Notice of Revocation. The notice shall state the following:
(a) the grounds upon which the license has been revoked;
(b) the length of the revocation;
(c) the right to appeal the revocation; and,
(d) that the licensee may continue to serve and sell alcohol pursuant to the terms of the license and the provision of this Chapter until the commencement of the revocation.
(3) (a) An applicant whose license has been revoked may appeal in writing to the Director within ten days after the date of the Notice of Revocation. The appeal need not be on a particular form, but must state the specific basis of the appeal. The Director shall promptly issue a written decision.
(b) An applicant whose appeal has been denied by the Director may appeal to the Administrative Hearing Officer, pursuant to Chapter 1-28, by filing with the City Recorder a written appeal within ten days after the Director’s denial.
(4) A revocation shall become effective at 8:00 on the eighth calendar day after the date of the Notice of Revocation.
(5) A revocation shall be tolled during the pendency of any appeal.
(6) Any licensee whose license is revoked shall be ineligible to re-apply for a license under this Chapter until the expiration of 1 year from the date of the Notice of Revocation or City Council decision upholding the revocation.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-27. Unlawful to sell beer or liquor without license.
(Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-27a. Unlawful to sell beer or liquor to minors.
(Ord. 2005-09, 05-18-2005)
5-20-27b. Unlawful for minor to sell beer or liquor.
(Ord. 2005-09, 05-18-2005)
5-20-27c. Unlawful to fail to notify law enforcement of criminal activity.
(Ord. 2005-09, 05-18-2005)
5-20-28. Unlawful to allow consumption of liquor without license.
(Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-29. Unlawful to consume liquor at unlicense establishment.
(Ord.2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-30. Unlawful to store liquor.
(Ord.2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-31. Minimum light and open view required in licensed premises.
(a) During business hours a minimum of 1 candle power light measured at a level 5 feet above the floor shall be maintained.
(b) No enclosed booths, blinds, or stalls shall be erected or maintained.
(c) A clear, unobstructed view of all portions of the interior shall be available at all times from a point
within the licensed premises at or near the main public entrance.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-32. Presence of minors in certain establishments prohibited.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-33. Unlawful to permit minors in a Class C establishment.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-34. Presence of minors in lounge or bar areas unlawful.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-35. Unlawful to permit intoxicated person on licensed premises.
(Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-36. Sale or disposition of beer between certain hours unlawful.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
5-20-37. Sanctions.
(a) First violation: $100 fine;
(b) Second and subsequent violations which occur within a 24 month period of the first violation:
(i) Second violation: $200 fine;
(ii) Third violation: $300 fine;
(iii) Fourth and subsequent violations: $500 fine per violation.
(2) A violation of any of the provisions herein by any employee or agent of the licensee shall be deemed a violation by the licensee, and shall be punished civilly as follows:
(a) First violation: $500 fine;
(b) Second or subsequent violations which occur within a 24 month period of the first violation:
(i) Second violation: $1,000 fine, plus a 7-day suspension of the establishment’s license, unless the licensee can demonstrate that adequate training was provided to the offending individual;
(ii) Third violation: $1,500 fine, plus a thirty-day suspension of the establishment’s license, unless the licensee can demonstrate that adequate training was provided to the offending individual;
(iii) Fourth violation: license revocation.
(3) For purposes of determining the number of licensee violations, violations by any one employee or agent are cumulative with violations by any other employee or agent.
(4) Notice of violation shall be provided by the Police Department upon a citation form approved by the Police Department.
(5) A licensee may appeal the citation to the Director, who shall uphold, modify, or reject the citation and the sanctions imposed.
(6) A licensee may appeal the decision of the Director to the Administrative Hearing Officer under Chapter 1-28.
(7) Nothing in this Chapter shall be deemed to exempt any person from further civil or criminal liability.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-16, 05-17-2017) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002)
5-20-38. Regulation of kegs and other large containers.
(Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002)
Click Here for a .pdf copy of Title5 Chapter20
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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