Title 6 - FOOD AND BEVERAGE CONTROL

Transcription

1 Title 6 - FOOD AND BEVERAGE CONTROL Chapter FOOD AND FOOD SERVICE ESTABLISHMENTS Chapter ALCOHOLIC BEVERAGES { DOCX /} Page 1

2 Chapter FOOD AND FOOD SERVICE ESTABLISHMENTS Salt Lake County health department regulations incorporated by reference Violation Penalty Salt Lake County health department regulations incorporated by reference. The provisions of the Salt Lake County Health Department, Health Regulations, entitled "Food Establishments" and "Food Service Establishments" respectively, as currently adopted by the Salt Lake County Health Department Board of Health under authority of Section 26A-1-121, Utah Code Annotated (1953), as amended including administrative rules adopted by the Utah Department of Agriculture, are hereby incorporated in their entirety by reference. Three copies of the current regulations shall be filed with and retained by the county clerk and with the health department for examination by any person Violation Penalty. Violation of any of the foregoing health regulations shall constitute a Class B misdemeanor. Each day such violation is permitted to continue shall constitute a separate offense. { DOCX /} Page 2

3 Chapter ALCOHOLIC BEVERAGES Definitions Sales at wholesale Sales at retail Licenses and permits Classification Single event and temporary beer event permits Licenses Application Contents and filing Denial, Suspension, and Revocation Application Referral to local law enforcement agency Application Referral to health department Renewal of existing licenses Location requirements Fees Expiration and renewal Wholesaler and retailer Conflict of interest Alcoholic beverage sales Hours of operation Alcoholic beverage sales Nuisances prohibited Alcoholic beverage sales Prohibited to minors City park restrictions Consumption prohibited in unlicensed premises Premises Inspection Severability Definitions. All words and phrases used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context: "Alcoholic beverages" means and includes beer and liquor, as they are defined herein. "Beer," means and includes "light beer," "malt liquor," or "malted beverages," and all products that contain 63/100 of one percent of alcohol by volume or one-half of one percent of alcohol by weight, but not more than four percent of alcohol by volume or 3.2 percent by weight, and are obtained by fermentation, infusion or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. "Cabaret" means any room, house, building, structure or place, occupied by any person who is permitted to sell any alcoholic beverage for consumption on the premises, where a dance floor is provided for patrons or entertainers to dance. City means Millcreek. City council or council means the Millcreek Council. { DOCX /} Page 3

4 Director means City designated director of planning and development services or the director of Salt Lake County planning and development services, or designee when providing services for the City. "Licensee" means any person holding any license referenced in section in connection with the operation of a place of business. This term shall also include any employee of the licensee. "Licensed premises" means any room, house, building, structure or place occupied by any person licensed to store, sell, serve or allow consumption of beer or liquor on such premises under this chapter; provided, that in any multi-roomed establishment, an applicant for a restaurant liquor license for on-premise storage, sale, service, or consumption of beer or liquor shall designate a portion of the building for these uses, which portion so specifically designated in the application and in the license issued pursuant thereto shall be the licensed premises. License Official means the mayor or his designee. "Liquor" means: 1. Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous or fermented, and all other drinks or drinkable liquids that contain more than one-half of one percent of alcohol by volume and are suitable to use for beverage purposes. 2. "Liquor" does not include any beverage defined as a beer, malt liquor or malted beverage that has an alcohol content of less than four percent alcohol by volume. "Lounge" means any room, building or structure, or place occupied by any person having an on-premise beer tavern license, where no dance floor is provided for patrons to dance. Mayor means the Millcreek mayor. "Nuisance" means any room, building, structure or place which is licensed under the provisions of this chapter, where: 1. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used, contrary to the Alcoholic Beverage Control Act of Utah or this chapter, or where persons resort for drinking beverages contrary to the Alcoholic Beverage Control Act of Utah, or of this chapter; or 2. Entertainers are allowed to perform or simulate sexual intercourse, masturbation, sodomy, bestiality, copulation, flagellation or any sexual acts prohibited by law; 3. Performers simulate or actually touch, caress or fondle buttocks, anus, genitalia or the female breast; 4. Persons are allowed to actually display or simulate the display of pubic hair, female nipples, vulva or male or female genitalia; 5. Persons are permitted, allowed or not impeded from touching, caressing or fondling the breast(s), buttock(s), anus or genitalia of an entertainer, or that { DOCX /} Page 4

5 portion of an entertainer's clothing covering the breast(s), buttock(s), anus or genitalia; 6. The licensee permits any person to remain in or upon licensed premises who exposes to public view any portion of his or her genitalia, nipples or anus; 7. Films or pictures are displayed depicting acts which are prohibited above from being performed live on the licensed premises; 8. Persons under the age of twenty-one are permitted to purchase or drink alcoholic beverages; 9. Applicable laws or ordinances governing licensee's business operation are violated by the licensee or the licensee's agents or patrons with the consent or knowledge of the licensee. "Restaurant" means a place of business where a variety of food is prepared and cooked and complete meals are served to the general public for consumption on the premises primarily in indoor dining accommodations. Restaurant also includes a "food service establishment." "Retailer" means any person engaged in the sale or distribution of beer to the consumer. "Sell" or "to sell," when used in this chapter, means to solicit, to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, or by any means whatsoever to procure or allow to be procured for any other person. "Wholesaler" means any person other than a brewer or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities Sales at wholesale. It is unlawful for any person to engage in the business of selling beer at wholesale within the city without first obtaining a wholesale beer license from the Department of Alcoholic Beverage Control and obtaining a regulatory license therefor from the license official Sales at retail. A. It is unlawful for any person to engage in the business of the sale of alcoholic beverages at retail within the city without first procuring a license therefor, as hereinafter provided. A separate license shall be required for each place of sale. B. The license shall identify the specific premises covered thereby and shall at all times be conspicuously displayed in the place at which it shall refer or for which it shall be issued. C. All licensees shall comply with the provisions of the Alcoholic Beverage Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission and this chapter, and every license shall recite that it is granted subject to revocation, as provided by this chapter. { DOCX /} Page 5

6 Licenses and permits Classification. Licenses and permits issued under the provisions of this chapter shall be classified into the following types, which shall carry the privileges and responsibilities hereinafter set forth in this chapter. Establishments that hold any of the following licenses or permits shall comply with all provisions of Utah State Code applicable to their license or permit type, including but not limited to hours of operation and limitations on minors. License/Permit Name Definition Utah State Code Local Consent Required? Off-Premise Beer Retailer License An Off-Premise Beer Retailer license shall entitle the licensee to sell beer, on the premises described therein, in original containers of a size not to exceed two liters, for consumption off the premises. 7 No Beer-Only Restaurant License A Beer-Only Restaurant license shall entitle the licensee to sell beer for consumption on the premises of a licensed restaurant in open containers in any size not to exceed two liters capacity and on draft, in conjunction with an order of food which is prepared, sold and served at the restaurant On-Premise Beer Tavern License An On-Premise Beer Tavern License shall entitle the licensee to sell beer for consumption on the licensed premises in any size of open container not exceeding two liters, and on draft. On-Premise Beer Tavern licenses shall be required of taverns, beer bars, parlors, lounges, cabarets and nightclubs where the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in such establishments Manufacturing License Manufacturing licenses include brewery, distillery, and winery licenses. A brewery license is required to manufacture, brew, store, transport, or export beer and heavy beer. A 5 11 { DOCX /} Page 6

7 distillery license is required to manufacture, store, transport, import or export liquor. A winery license is required to manufacture, store, transport, import or export wines. Recreational On- Premise Beer Retailer License An On-Premise Beer Retailer license is required for the sale of beer at retail for onpremise consumption for establishments that are tied to a "recreational amenity" as defined in Utah Code Resort License Resort Licenses are required for the storage, sale, service, and consumption of alcoholic beverages on the premises of a resort building that has at least 150 dwelling or lodging accommodations (50% of which must be owned by a person other than the resort licensee) and the building must be at least 400,000 square feet. The resort building must be affiliated with a ski area that abuts the resort building premises. 5 8 Restaurant Liquor Licenses Restaurant Liquor licenses are required for the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is engaged primarily in serving meals to the general public Limited Restaurant Liquor Licenses Limited Restaurant Liquor licenses are required for the storage, sale, service, and consumption of wine, heavy beer, and beer on the premises of a restaurant that is engaged primarily in serving meals to the general public Club Liquor License A Club Liquor license may be required for an equity club (such as a country club), a fraternal club (such as a mutual benefit or patriotic association that is organized under a lodge system), a dining club (that maintains at least 60% of its sales from food along with dining { DOCX /} Page 7

8 facilities), or a social club (such as a social drinking club that does less than 60% of its business from the sale of food). Reception Center License A Reception Center license is required for the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for banquet and event functions on the premises of small banquet and event venues that want to sell, offer for sale, or furnish alcoholic beverages on their premises Banquet and Catering License A Banquet and Catering License is required for the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for contracted banquet activities on the premises of a hotel, resort facility, sports center, or convention center. It also allows for room service in hotels and resorts Single Event Permits A Single Event license is required to sell liquor, wine, beer or heavy beer (over 3.2%) at a temporary event. These are available to a bona fide partnership, corporation, limited liability company, church, political organization, or incorporated association or to a recognized subordinate lodge, chapter or other local unit thereof that is conducting a civic or community enterprise or convention. The organization must have been in existence as a bona fide organization for at least one year prior to the date of application Temporary Beer Event Permits Temporary Beer Event licenses are required to sell beer (3.2%) for on-premise consumption at a temporary event that does not last longer than thirty days { DOCX /} Page 8

9 Single event and temporary beer event permits. A single event permit shall be valid for a period of time not to exceed five consecutive calendar days. A temporary beer event permit shall be valid for a period of time not to exceed thirty consecutive calendar days. Public advertising of the event may not include reference to the availability of any alcoholic beverage at the event. Alcoholic beverages shall be sold in an area separated from the event by a barrier, approved by the license official, where minors shall not be allowed. The sale and consumption of alcoholic beverages shall be restricted to the immediate proximity of the event. A single event or temporary beer permitee shall abide by all other ordinances regarding hours of operation, restrictions on minors, and all other relevant operational restrictions contained in this chapter and set forth by state statute Licenses Application Contents and filing Denial, Suspension, and Revocation. A. All applications for licenses, for renewal or reissuance of licenses and for transfer of licenses authorized by this chapter shall be verified and filed with the license official and shall state the applicant's name in full and indicate that the applicant has complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act and city ordinances. B. In addition to the requirements of this chapter decisions regarding the grant or denial of any license to operate any facility described in Section herein shall be made in accordance with the procedures established in Sections through of this code. Decisions regarding the suspension or revocation of such a license shall be made in accordance with the procedures established in Sections C. All licenses issued pursuant to this chapter may be denied, suspended, or revoked for the violation on the licensed premises of any provision of this title, or of any other applicable ordinance, regulation or law relating to alcoholic beverages, or if the person to whom the license was issued does not possess the qualifications required by this title and the statutes of the state. F. Appeals of any decision to deny, suspend, or revoke a license to operate any facility described in Section herein shall be heard and decided in accordance with the procedures established in Sections through of this code Application Referral to local law enforcement agency. All applications filed in accordance with the provisions of this chapter shall be referred to the local law enforcement agency for inspection and report. Within fourteen calendar days after receiving such application, the local law enforcement agency shall recommend whether or not the application should be granted Application Referral to health department. { DOCX /} Page 9

10 A. All applications filed in accordance with the provisions of this chapter shall be referred to the health department, which shall inspect all premises to be licensed to assure sanitary compliance with the laws of the state, the ordinances of the county, and health department rules and regulations on the preparation, storage, distribution or sale of alcoholic beverages and food. B. If the health department determines that the premises fulfill all sanitary requirements, it shall issue a permit to the licensee as required by health department regulations upon payment of required permit fees Renewal of existing licenses. Any applicant who fails to file an application for renewal prior to the expiration date of the current license shall close the licensed premises on the expiration date of the current license and keep the premises closed for any and all business for the sale of alcoholic beverages until such date as a new license is issued by the Director Location requirements. No alcoholic beverage license allowing on-premises consumption of alcoholic beverages shall be issued to any establishment that does not meet the location requirements set forth in the state's Alcoholic Beverage Control Act, Section 1-101, et seq Fees. The city hereby adopts the current fees, including but not limited to all fines, fees, and civil penalties, imposed by Salt Lake Count for unincorporated areas for alcohol license services and the same is incorporated herein by this reference which are in addition to the general business license fees required under Section of this code Expiration and renewal. A. All beer and liquor permits and licenses issued pursuant to the provisions of this chapter shall be issued for one year and shall expire annually on the last day of the month in which the license was originally issued. B. Single event permits shall be issued for a period not to exceed five consecutive calendar days. Temporary beer event permits shall be issued for a period not to exceed thirty consecutive calendar days. C. In the event renewal fees are not received at the office of the license official within thirty days of the date the fees are due, the licensee must reapply for a business license and pay a penalty of twenty-five percent of the fees due as part of the reissuance fee. D. In the event the renewal fees are not received at the office of the license official within sixty days of the date that the fees are due, the licensee must reapply for a business license and pay a penalty of one hundred percent of the fee due as part of the reissuance fee. { DOCX /} Page 10

11 Wholesaler and retailer Conflict of interest. It is unlawful for any dealer, brewer or wholesaler to either directly or indirectly supply, give or pay for any furniture, furnishings or fixtures of a retailer, and it is unlawful for any dealer or brewer to advance funds, money, or pay for any license of a retailer or to be financially interested, either directly or indirectly, in the conduct or operation of the business of any retailer Alcoholic beverage sales Hours of operation. A. It is unlawful for any licensee referenced in Section , or operator or any employee thereof, to sell, dispose of, give away or serve any alcoholic beverages to any person on the licensed premises contrary to the hour of operation limits prescribed by the Utah Alcoholic Beverage Control Act. B. It is unlawful for any establishment required to be licensed to sell or permit the consumption of alcoholic beverages, which is also required to be licensed as a sexually oriented business to allow patrons on the premises or to operate the premises in any manner between the hours of two a.m. and eight a.m Alcoholic beverage sales Nuisances prohibited. It is unlawful for any licensee under this chapter to keep or maintain a nuisance, as the same is defined in this chapter Alcoholic beverage sales Prohibited to minors. It is unlawful to sell alcoholic beverages to any person under the age of twenty-one years, or to allow minors on the premise of any licensee or permittee identified in Section that would be a violation of the Utah Alcoholic Beverage Control Act. For violations related to underage sale of beer, the enforcement process set forth in sections et seq., Utah Code Annotated (2014), or its successor provisions, applies. The mayor shall issue written notice of the applicable penalty. If the licensee requests a hearing, an administrative law judge shall provide notice and conduct a hearing in accordance with chapter City park restrictions. It is unlawful for any person to possess or consume alcoholic beverages upon the premises of any park owned or operated by the city, except upon the express written approval of the mayor Consumption prohibited in unlicensed premises. It is unlawful for any person to consume liquor in any place of business required to be licensed for the consumption of liquor under this chapter Premises Inspection. { DOCX /} Page 11

12 The local law enforcement agency and the license official shall be permitted to have access to all premises licensed or applying for license under this chapter, and they shall make periodic inspections of such premises and report their findings to the mayor Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections or provisions hereof which can be implemented without the invalid section or provision. To this end, the provisions and sections of this chapter are declared to be severable. { DOCX /} Page 12