Business License Application (PDF)
ORDINANCE NO. 281
AN ORDINANCE REQUIRING A BUSINESS LICENSE IN CARBON COUNTY, UTAH
AND ADOPTING REGULATIONS FOR ADMINISTERING SUCH LICENSES; AND
REQUIRING A LICENSE FOR THE DISPENSING OF LIQUOR IN CARBON COUNTY,
UTAH AND ADOPTING REGULATIONS FOR ADMINISTERING SUCH LICENSES.
NOW, THEREFORE, the County Legislative Body of Carbon County, Utah ordains as follows:
Part 1. Ordinance.
BUSINESS LICENSE AND REGULATIONS
CHAPTER 1 GENERAL AND BUSINESS LICENSES
CHAPTER 2 ALCOHOLIC BEVERAGES
GENERAL AND BUSINESS LICENSES
1-01 Application of Rules
1-03 Doing Business Without a License - Prohibited
1-04 Failure to Obtain a License - Penalties
1-05 Procedure to Obtain License
1-06 Application for License
1-08 License Fees
1-09 License Categories
1-10 Type of Business to be Licensed - Determination for Multiple Licenses
1-11 Reciprocal License - No Fee Required
1-12 Code Compliance
1-14 Qualifying for Exemptions
1-15 Suspension or Revocation - Grounds
1-16 Suspension or Revocation - Hearing
1-17 Appeal Procedures
1-18 Displaying License
1-19 New License, Six Months Wait
Section 1-01. Application of Rules.
Except as otherwise expressly provided, the provisions of this ordinance shall apply to all county business licensing activities.
Section 1-02. Definitions.
(1) "Agricultural industry or business" means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to commercial greenhouses, feed yards, fur farms, food packaging or processing plants: commercial poultry or egg production, and similar uses. Agricultural industry or business shall not include the raising or sale of unprocessed crops, including hay.
(2) "Business" means and includes all activities engaged in within the unincorporated limits of the county carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business unless otherwise specifically prescribed.
(3) "Clerk" means the Carbon County Clerk.
(4) "Engaging in business Means the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation or other calling except the rendering of personal services by an employee to an employer under any contract of personal employment. Engaging in business also includes agricultural industries, but not farming or ranching.
(5) "Farming" means the tilling of the soil, the raising and sales of unprocessed crops, including hay, horticulture and gardening; breeding; grazing and keeping or raising of domestic animals and fowl; but shall not include any agricultural industry or business.
(6) "Health Department" means the Southeastern Utah Health Department.
(7) "Place of business means a location maintained or operated by a person within the unincorporated limits of the county from which a business activity is conducted or transacted.
Section 1-03. Doing Business Without a License - Prohibited.
It shall be unlawful:
(1) to engage in any activity regulated or licensed under the provisions of this ordinance without a license therefore;
(2) to engage in any activity regulated or licensed under the provisions of this ordinance if a license therefore has been suspended or revoked; or
(3) to otherwise violate any provision of this ordinance.
Section 1-04. Failure to Obtain a License - Penalties.
Any person doing business without a license when a license is required, including circumstances where a license has expired, been suspended or revoked, shall, in addition to applicable criminal penalties consisting of $1,000.00 and/or but not exceeding six months imprisonment, be required to pay all applicable fees and penalties consisting of 100% of the already owing fee, as though a license had been issued during the period of unlawful business activity. The County may collect delinquent fees and penalties through a civil action, in addition to any criminal penalties specified herein.
Section 1-05. Procedure to Obtain License.
Applicants for a license shall submit a properly completed application form and the appropriate fee to the clerk. Unless otherwise provided, if issuance of the requested license is consistent with applicable and a license shall be issued.
Section 1-06. Application for License.
(1) An application for a license shall be in writing on a form approved by the clerk and county Commissioners. The application shall show all of the following:
(A) name, address, and both home and business telephone numbers,
(B) a description of the business, trade, profession, occupation, or activity for which a license is requested,
(C) the address of the property where the business is to be carried on,
(D) a copy of contractor license, food handler permit, state day care license, medical license, or any other license required by the Clerk or County Commissioners, when applicable.
(E) the state tax number of the business,
(F) any other information required by this ordinance, by statute, or as reasonably required by the Clerk and/or County commissioners.
(2) It shall be unlawful to incorrectly or fraudulently state or misrepresent any fact as part of applying for or retaining any license.
Section 1-07. Inspections.
As a condition of the issuance, continuation or renewal of a license, the applicant shall, upon demand, permit continuing inspections of the place of business to ensure compliance with all applicable business, zoning, health, or safety regulations. The Clerk and/or County Commissioners may refuse to issue a license or may suspend or revoke a license if the applicant or licensee should, for any reason, fail or refuse to cooperate with such an inspection (ie: food handler, animal shelter, contractor license, etc.).
Section 1-08. License Fees.
(1) Every person intending to engage in business shall be required, before commencing business, to obtain a license for each place of business, or if no place of business is established, for each business activity that takes place within the county.
(2) An employee who is not a partner or owner shall not be required to pay for an individual license.
(3) The County Commissioners shall, from time to time, fix the amount of license fees for any business.
(4) License fees shall be paid in advance for the term of the license. All annual licenses shall commence January 1 through December 31 of the current year. License fees will be prorated in a four quarter year when a new application is made during the license term. If the business has been for any reason discontinued the license fees are not refundable.
(5) In the event such business is engaged in on a part-time basis only, the license fee shall be one- half of that required.
(6) No rebate shall be allowed upon any license.
(7) If any person shall neglect, fail or refuse to pay the amount assessed when it becomes due on any license by January 31 of that year, a penalty of 100% shall be added to the original amount. Any license fee which is delinquent after April 31 shall be assessed a penalty of 200%.
(8) License fees and penalties shall be collected by the clerk pursuant to procedures established by the County Auditor and Treasurer. Payments thereon shall be enforced in the manner authorized by law.
(9) This section shall not imply the right of a licensee to continue a licensed activity without the payment of required fees. In addition to any criminal action, the County may bring a civil action to collect the amount of any delinquent or unpaid fee. In the event legal action is filed to collect delinquent or unpaid fees, the debtor shall pay a reasonable attorney’s fee and costs.
Section 1-09. License Category.
(A) Large Scale Wholesale and Retail Sales.
Any person, firm or corporation dealing in any manner in motor vehicles, petroleum, machinery and equipment, steel distribution or supply, cement, and any other type of heavy industrial or commercial sales of any type or description and not otherwise specifically licensed by this ordinance, for each place of business operated shall be required to pay a license fee of $300.00. (B) Small Scale Wholesale and Retail Sales
Any person, firm or corporation dealing in any manner in appliances of any kind, hardware, chemicals, milk, food, permanent fruit and vegetable sales, restaurants, fast food sales, coffeehouses, bakery products, groceries, meat, fish, poultry, dry goods, clothing, sporting goods, notions, drugs, jewelry, soft drinks, nurseries, flowers, furniture and real estate or any other good, wares or merchandise of any kind or description and not otherwise specifically licensed by the ordinance, for each place of business operated shall be required to pay a license fee of $100.00. Production of agricultural products grown in Carbon County shall not require a business license. (C) Large Scale Industrial Businesses
All businesses dealing with the manufacturing, processing, fabrication of goods, electrical generating plants, coal loading, washing and storage facilities, refineries, wrecking and salvage, and all other large scale industries shall pay $400.00 per year.
(D) Small Scale Industrial Businesses
All renderies, packing plants, and other smaller scale industrial businesses shall pay $200.00 per year.
(E) Professional Businesses
All attorneys, auctioneers, insurance brokers, accountants, engineers, surveyors, morticians, and all other professions not herein stated shall pay $100.00 per year.
(F) Medical Profession Businesses
All physicians, dentists, veterinarians, and all other medical professions not herein stated shall pay $100.00 per year. A copy of said medical license is required.
All hospitals shall be required to pay $300.00 per year.
(H) Medical Clinics
All medical clinics shall be required to pay $100.00 plus $20.00 per office suite.
(I) Recreational Businesses
All billiard halls, bowling alleys, dance halls and studios, resorts, skating rinks, swimming pools, theaters, amusement centers, recreational centers, spa’s, hunting lodges, fishing camps, motocross tracks and all other recreational businesses not herein stated shall pay $100.00 per year.
(J) Rental Businesses
Warehouses, storage buildings, and cold storage shall pay $100.00 per year.
(K) Motel. Hotel. Mobile Home Parks
All motels, hotels, and mobile home parks shall pay $100.00 per year plus $5.00 per room per year or $5.00 a pad in the case of mobile home parks.
(L) Apartment and Boarding Houses
All apartment houses and office buildings which rent or lease space shall pay $100.00 plus $5.00 per space in the case of office buildings.
(M) Equipment Rental
All equipment rental businesses shall pay $100.00 per year.
(N) Financial Businesses
All banks, savings and loan, credit unions, etc. and all other financial businesses not herein stated shall pay $100.00 per year.
(0) Service Related Businesses and Trades
All repair and service facilities, dry cleaning, delivery, printing, laundry supply, barbers, beauty parlors, welding, upholstery, vulcanizing, garbage collection, and all other services not herein stated shall pay $100.00 per year.
(P) Animal Related Businesses
Dog Kennels, breeding ranches, and all other business involving animals of any kind shall pay $100.00 per year and give a copy of Animal Control’s Regulatory permit and renewal thereof, yearly.
(Q) Taxi Service
All taxi service businesses shall pay $100.00 per year and give a copy of insurance with yearly updates.
(R) Day Care
All child and adult care businesses shall pay $100.00 per year and give a copy of all approved state licenses.
All general contractors and contractors for plumbing, heating and air conditioning, electrical, carpentry, painting, cement, road surfacing, grading and all other contractors not herein stated shall pay $100.00 per year. A copy of the current Utah State Contractors license must accompany the application.
(T) Handy Man License
All work consisting of plumbing, heating, air conditioning, electrical, carpentry, painting, cement, road surfacing, grading and all other work not herein stated that is less than $1,000.00 in cost, is a handy man license. This does not require a state contractor’s license and shall pay $100.00 per year.
(U) Trucking Businesses
All trucking businesses relating to coal hauling, motor freight, and other trucking not herein listed shall pay $200.00 per year for each place of business, outlet, or distribution point.
(V) Temporary Uses
All temporary uses listed on this page shall obtain a business license for the following fee. Each person obtaining a license shall first show proof of landowner permission for the use of the site on which the temporary use will be undertaken.
Christmas Tree sales $ 25.00
Temporary Agricultural Product sales $ 25.00
Temporary Meat & Fish sales $ 25.00
Flower Stands $ 7.50
Music Festivals $100.00
Mobile sales, shows, exhibitions $100.00
Carnivals and/or Circus’ $200.00
All mines including coal mines, uranium mines, oil and gas exploration, drilling projects, and other mines not herein stated shall pay $400.00 per year.
(X) Small Scale Mining Operations
Small scale sand and gravel operations shall pay $75.00 per year.
Any person engaged in business in the unincorporated area of Carbon County of a particular type not specifically herein provided for shall pay $100.00 per year.
Section 1-10. Type of Business to be Licensed - Determination for Multiple Licenses.
(1) The County Commission, by resolution, shall determine the types of businesses to be licensed or to be exempted therefore.
(2) If a person desires to engage in a business which may include two or more businesses at the same location, the person shall only be required to obtain one business license which shall cover each type of business, provided each different business is listed in the application for a license.
Section 1-11. Reciprocal License - No Fee Required.
Wherever any person, firm or corporation doing business in the unincorporated limits of the County which has no office, building or plant location in the county but has previously obtained a license in a city or town located within Carbon County, such license shall be recognized by the county for the purpose of waiving the County license fee.
Section 1-12. Code Compliance.
Issuance of a business license or any other regulatory license does not excuse a licensee from compliance with applicable zoning codes, building codes, fire codes, electrical codes, health codes, or other regulatory requirements. No license shall be issued without first obtaining written preliminary approval of the business location from the planning and zoning director, or his designee, indicating that the proposed business complies with the County’s zoning regulations.
Section 1-13. Exemptions.
This ordinance shall not be deemed or construed to require the payment of a license fee or acquisition of a business license for any person or organization for an activity which is conducted, managed or carried on wholly for charitable or religious purposes from which profit is not derived, directly or indirectly by any individual, firm or profit corporation, neither shall any license be required on any fanning or ranching operation, yard sales of less than 7 days in duration, activities of minors in short term entrepreneurial activities such as lemonade stands, or any person engaged in a business specifically exempted from municipal licensing by the laws of the United States of the State of Utah.
Section 1-14. Qualifying for Exemptions.
(1) With respect to exemptions claimed, the person claiming the exemption shall have the burden of establishing such exemption.
(2) The County may demand any person engaged in business to obtain a license. Such person shall immediately obtain a license or establish entitlement to an exemption.
Section 1-15. Suspension or Revocation - Grounds.
The Clerk and/or County Commissioners may suspend or revoke a license for any of the following reasons:
(1) the license was issued when it should not have been;
(2) failing or refusing to permit or cooperate with an audit or inspection;
(3) failing to pay a required fee;
(4) when continuing operation of the licensed activity would constitute a nuisance or present a danger to health, general welfare or morals of the community; or
(5) violating this ordinance or any Utah State or County law, including zoning, building or health regulations.
Section 1-16. Suspension or Revocation - Hearing.
No license issued under this ordinance shall be suspended or revoked until an informal hearing is held before the Clerk and /or County Commissioners. Written notice of such hearing shall be served at least 10 days prior to the date thereof upon the licensee. Service shall be effective when sent by first class mail to the address indicated in the business license application. Such notice shall state the basis of the complaint and the time and place of the hearing. The decision of the Clerk and/or County Commissioners may be appealed. No part of the license fee shall be refunded in cases of suspension or revocation.
Section 1-17. Appeal Procedures.
(1) If a business is denied by the Clerk and /or County Commissioners or if the Clerk and/or County Commissioners suspend or revoke a license or if a citation of a civil fine is imposed, the applicant or licensee may file an appeal from such action.
(2) Filing of an appeal must be within 10 days of the date of service of the notice of any denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such appeal, a hearing shall be scheduled.
Section 1-18. Displaying License.
Every certificate of license shall be displayed by the licensee in a conspicuous place easily viewed by the public, where the licensed business is carried on. When such certificate of license has expired it shall be removed from public view. A license without a fixed place of business shall carry certificates of license while engaged in business. It shall be the duty of each licensee, agent, and employee to show the certificate of license upon demand.
Section 1-19. New License - Six Months Wait.
No person who has been denied a license or whose license has been revoked, and no person associated in any way with such a person in the conduct of business, shall be granted a new license until a period of 6 months after such denial or revocation has elapsed.
CHAPTER 2 ALCOHOLIC BEVERAGES
2-01 Application of Rules
2-03 Application for Beer License - General Requirements
2-04 Beer Licenses and Fees
2-05 Referral to Sheriff and Health Department
2-06 Transfer of License to New Location
2-07 Issuance of New License Upon Purchase of Business
2-08 Expiration of License
2-09 Suspension and Revocation of Licenses
2-10 Beer Regulations
2-11 Liquor Consumption Licenses - Rules and Regulations
2-12 Display of Beer and /or Liquor Consumption License
2-13 Minors and Intoxicated Person Regulations
2-14 Minimum Lighting and Open View Regulations
2-15 Sale or Disposition of Beer or Liquor Between Certain Hours
Section 2-01. Application of Rules.
Except as otherwise expressly provided, the provisions of this ordinance shall apply to all county Beer and Liquor Consumption Licensing activities.
Section 2-02. Definitions.
All words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context.
(1) "Alcoholic Beverages" means and includes "beer" and "liquor" as they are defined.
(2) "Beer" means any beverage containing not less than one half of one per centum of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of any malted grain, or similar products, and which contains not more than three and two-tenths per centum of alcohol by weight and may or may not contain hops or other vegetable products and includes ale, stout, or porter.
(3) "Licensee" means any person(s) holding any beer, liquor, or private club license in connection with the operation of a place of business or private club. This term shall also include any employee of the license. (4) "Licensed Premises" shall mean any room, house, building, structure, or place occupied by any person licensed to sell beer or to allow the consumption of liquor under this title; provided that in any multiroomed establishment an applicant for a liquor consumption license or for a Class "B", Class "C", or "Club" beer license shall designate a room or portion of a building for consumption of liquor or the sale of beer, which portion so specifically designated in the application and in the license issued pursuant thereto shall bethe licensed premises. Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises.
(5) "Liquor" means and includes alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid or combination of liquids, containing morethan one half of one per centum of alcohol by weight; and all mixtures, compounds, or preparations, whether liquid or not, which contain more than onehalf of one per centum of alcohol by weight, and which are capable of human consumption; except that the term "liquor" shall not include "beer" as herein defined.
(6) "Nuisance" means any room, building, structure, or place which is licensed under the provisions of this chapter, where:
(A) Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used, contrary to the Liquor Control Act of Utahor this title, or where persons resort for drinking beverages contrary to the Liquor Control Act of Utah, or of this title; or
(B) Persons under the age of twenty-one are permitted to purchase or drink beer.
(C) Applicable laws or ordinances governing licensee’s business operation are violated by the licensee or his agents or patrons with theconsent or knowledge of the licensee.
(7) "Place of Business" as used in connection with the issuance of a liquor consumption license shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets, bowling alleys and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations, and associations operating under charter or otherwise where only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined.
(8) "Retailer" means any person engaged in the sale or distribution of beer to the consumer.
(9) "Sell or to sell" when used in this title in any provision shall be construed to mean to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling as above defined.
(10) "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.
(11) "Restaurant" as used in connection with the issuance of a Class "B" retail license shall mean premises where a variety of hot food is served for consumption on the premises and where no more than forty per cent of the gross volume of business is derived from the sale of beer.
(12) "Cabaret" shall mean any room, house, building or structure or place occupied by any person having a Class "B" or "C" beer license, wherein a dance floor is provided for patrons or entertainers to dance. (13) "Lounges" shall mean any room, house, building or structure or place occupied by any person having a Class "B" or "C" beer license where no dance floor is provided.
(14) "License Boundaries" shall apply only to businesses physically located in the unincorporated areas of Carbon County.
Section 2-03. Application for Beer License - General Requirements.
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 director, addressed to the Board of County Commissioners and shall state the applicant’s name in full and indicate that he has complied with the requirements and possesses the qualifications specified in the liquor control act. If the applicant is a co-partnership, the names and addresses of all officers and directors must be stated. The application must be subscribed by the applicant who shall state under oath that the facts therein contained are true. Any business which begins operation without the appropriate licenses shall be assessed a double fee and is subject to collection by civil action in any court of this State having jurisdiction.
Section 2-04. Beer Licenses.
(1) License to sell Beer at Wholesale It shall be unlawful for any person to engage in the business of selling beer at wholesale within the limits of Carbon County without first obtaining a license therefore from the Liquor Control Commission of Utah and paying a fee therefore in the sum of two hundred dollars per annum.
(2) License to sell Beer at Retail It shall be unlawful for any person to engage in the business of the sale of beer at retail within Carbon County without first procuring a license. A separate license shall be required for each place of sale. 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. All licensees shall comply with the provisions of the Liquor Control Act of Utah and the regulations of the Liquor Control Commission and this chapter.
(3) Retail Licenses Classified Retail Licenses 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;
(A) 801 - Class "A" License. A class "A" retail license shall entitle the licensee to sell beer on the premises described therein, in original containers of a size not to exceed one quart capacity, for consumption off the premises, in accordance with the Liquor Control Act of Utah, and the ordinances of Carbon County.
(B) 802 - Class "B" License. A class "B" retail license shall entitle the licensee to sell beer, on the premises, in original containers of a size not to exceed one quart capacity, for consumption on the licensed premises and to all of the privileges granted to a holder of a class "A" retail license. Only bona fide restaurants shall be entitled to class "B" licenses. All holders of a class "B" license shall maintain records which shall disclose the gross sales of beer and the gross sales of food served and any other items sold for the consumption on or off the premises during the semi-annual period ending June 30, and December 31 of each year. Such sales shall be shown separately. Each licensee shall retain all invoices, vouchers, sales slips, receipts, and other records of beer and other commodity purchases from all suppliers. Such records shall be available for inspection and audit by the County Auditor at any time following the close of the semi-annual period and for eighteen months thereafter. Failure to properly maintain such records for such inspection and audit shall be cause for revocation of the class "B" license. If any audit or inspection discloses that the sale of beer on the licensed premises are in excess of forty per cent of the gross dollar volume of business for any semi-annual period the class "B" license shall immediately be suspended and shall not be reinstated until the licensee is able to prove to the satisfaction of the board of commissioners that in the future the sales of beer on the licensed premises will not exceed forty per cent of the gross dollar volume of business. No person under the age of twenty-one years shall sell or serve beer under this license.
(C) 803 - Class "C" License. A class "C" license shall be required for all premises where the primary or main business is that of selling beer for consumption. A class "C" license shall entitle the licensee to sell beer for consumption on or off the licensed premises in any size of container, and shall entitle the holder thereof to all the privileges granted to the holders of class "A" and "B" retail licenses in accordance with the Liquor Control Act of Utah. No person under the age of twenty-one years shall sell or serve beer under this license.
(D) 804 - Class "D" License. A class "D" retail license shall entitle the licensee to sell beer for consumption on publicly owned recreation facilities. The licensee shall be the holder of a concession contract from the public body owning the recreation area involved. No person under the age of twenty-one years may sell or serve beer under this license. All sales and deliveries under this license shall be made directly to the ultimate consumer.
(E) Seasonal License. A seasonal license shall carry the privileges of a class "C" retail license and shall be for a period of less than one year to be determined by the Board of County Commissioners. No person under the age of twenty-one years shall sell or serve beer under this license.
(F) Club License. A club license shall carry the privileges of a class "C" retail license provided that the sales of beer shall be to club members and guests only and each license shall be issued to bona fide clubs which are incorporated, bonded, regulated, and operated in compliance with the provisions of Chapter 6, title 16, U.C.A. 1953, as amended.
(4) License Fees Applications for retail licenses under this chapter shall be accompanied by the following fees, which are in addition to the general business license fees required by this ordinance.
For class "A" retail license $100.00 per annum or any part thereof.
For class "B" retail license $200.00 per annum or any part thereof.
For class "C" retail license $200.00 per annum or any part thereof.
For class "D" retail license $200.00 per annum or any part thereof.
The Board of County Commissioners reserves the right to adjust or waive fees for non-profit organizations. No license fee or any part thereof shall be refunded for any reason whatsoever once the license has been granted or issued.
Section 2-05. Referral to Sheriff and Health Department.
(1) All applications filed in accordance with the provisions of this chapter shall be referred to the sheriff for inspection and report. The sheriff shall within ten days after receiving such application make written report to the Board of County Commissioners to determine:
(A) Whether the applicant has been convicted of a felony state or federal; any violation felony or misdemeanor of relative the manufacture distribution or sale of alcohol; any crime involving moral turpitude.
(B) the proximity of such premises to any school or church.
(2) All applications filed in accordance with this chapter shall be referred to the Southeastern Utah Health District which shall inspect all premises to be licensed to assure sanitary compliance with the laws of the State of Utah, the ordinances of Carbon County and the rules and regulations in the preparation, storage, distribution or sale of beer and food fulfills all such sanitary requirements, the health department shall issue a permit to the licensee, a copy of which shall be attached to the application for license.
Section 2-06. Transfer License to New Location.
Licenses issued pursuant to this title may be transferred to a new proper location upon application to the Board of County Commissioners filed with the County Auditor and upon the payment of a twenty-five dollar transfer fee which shall be refunded if the application is denied.
Section 2-07. Issuance of New License Upon Purchase of Business.
If any licensee sells his place of business, the purchaser may be granted a license to operate the same business providing that he has complied with therequirements and possesses the qualifications specified by the Board of County Commissioners. Any prospective purchasers of a business license pursuant to this chapter may petition the commission for a determination of his fitness and eligibility to be granted a license as herein provided; and when such a determination is favorable to the petitioner, he shall thereafter be granted such a license upon making application therefore and submitting proper proof of his purchase of said business to the Board of County Commissioners within sixty days after filing his original petition, except that no such license shall be issued to any applicant whose eligibility therefore shall have been terminated by the discovery of grounds for his disqualification subsequent to this original petition. The current license fee to be paid by such purchaser shall be payable in advance in the following amounts:
(A) All of the required annual license if such license is issued on or before January30 of the license year.
(B) Three fourths of the required annual license if such license is issued after March 31 and on or before June 30.
(C) One half of the required annual license if such license is issued after June 30 and on or before September 30.
(D) One fourth of the required annual license is such is issued after September 30 such is issued after September 30 and on or before December 31.
Section 2-08. Expiration of License.
All class "A", "B", "C", or "D" retail licenses issued pursuant to the provisions of this title shall expire on the 31st day of December of each year and shall be issued for one year, except seasonal licenses, which shall be issued for a period of less than one year as may be determined by the Board of CountyCommissioners.
Section 2-09. Suspension and Revocation of Licenses.
Licenses may be suspended or revoked by the Board of County Commissioners for the violation on the licensed premises of any provision of this title, or of any other applicable ordinance or law relating to alcoholic beverages, or if the person to whom the license was issued no longer possesses the qualifications required by this title and statutes of the State of Utah. All licenses issued pursuant to this title may be suspended and the premises closed by the sheriff without a prior hearing. At the time of a suspension, notice shall be given to the licensee of his right to petition the Board of County Commissioners for a prompt hearing within 10 days from the date of such suspension; and the cause(s) for such suspension shall be listed on the notice of closure. If a cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration. However, no license shall be revoked or suspended beyond the initial hearing without first establishing cause therefore, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the causes specified for revocation. It shall be unlawful for any person to sell beer at the licensed premises during the period of suspension, or after the revocation of his license.
Section 2-10. Beer Regulations.
(1) Unlawful to Sell Beer Without License It shall be unlawful for any person to sell beer or to permit the consumption of beer on any premises unless such premises is licensed for such sale or consumption. It shall be unlawful for any licensee to violate the terms of his license and it shall be unlawful for any person, unless he shall be so licensed, to sell beer for consumption on the premises or to permit any beer to be consumed on premises.
(2) Sale to Intoxicated Person(s) Prohibited It shall be unlawful for any person to sell beer to any intoxicated person or to any person under the influence of any intoxicating beverage.
(3) Advertising Sale It shall be unlawful to advertise the sale of light beer except under such regulation as is made by the Liquor Control Commission of Utah.
(4) Nuisance Prohibited It shall be unlawful for any person to keep or maintain a nuisance as the same is defined in this title.
Section 2-11. Liquor Consumption Licenses - Rules and Regulations.
(1) Unlawful to Allow Consumption Without License It shall be unlawful for any owner, operator, manager, leassee, or any agent, partner, associate or employee of such "place of business," knowingly to permit or allow customers, members, guests, or any other person to consume "liquor" without first obtaining a license under this chapter.
(2) Consumption Prohibited in Unlicensed Premises It shall be unlawful for any person to consume "liquor "in an unlicensed place of business.
(3) License Application for a liquor consumption license shall be upon a form furnished by the County, signed under oath by the applicant, and addressed to the Board of County Commissioners. The form shall require information showing applicant’s age, citizenship, moral character, and reputation and conviction of a felony or misdemeanor involving moral turpitude, if any. If the applicant is a partnership, association, or a corporation, the same information shall be obtained on each officer thereof. Each licensee must be over the age of twenty-one years, of good moral character and a citizen of the United States. No license shall be granted to any applicant who has been convicted of a state or federal felony, a misdemeanor involving moral turpitude or who has been convicted of any violation of the Utah State law regarding sale, distribution or manufacture of alcohol. If any applicant is a partnership, association or corporation, each partner, association member, or corporate director or officer shall meet all of the foregoing qualifications.
(4) License Fee The license fee for a liquor consumption license shall be $50.00 per annum or any part thereof which shall be deposited in the county treasury if the license is granted and returned to the applicant if the license is denied.
(5) Sheriffs Investigation of Applicants The sheriff shall examine all applications and investigate all applicants for licenses under this chapter. Following such examination and investigation, the recommendations of the sheriff shall be made in writing to the Board of County Commissioners, which shall be the licensing authority.
(6) Periodic Inspection of Premises by Sheriff The sheriff shall be permitted to have access to all premises licensed or applying for license under this chapter, and shall make periodic inspections of said premises and report his findings to the Board of County Commissioners.
(7) Suspension and Revocation of Licenses Licenses may be suspended or revoked by the Board of County Commissioners for the violation on the licensed premises of any provision of this title, or of any other applicable ordinance or law relating to alcoholic beverages, or if the person to whom the license was issued no longer possesses the qualifications required by this title and the statutes of the State of Utah.
(8) Expiration of Licenses All licenses issued under this chapter shall be issued for one year and shall expire on December 31.
(9) Storage Prohibited on Licensed Premises It shall be unlawful for any person to store any liquor in or on places of business licensed by this chapter. It shall be unlawful for any licensee or employee to hold, store or possess liquor on premises licensed by this chapter. Persons other than the licensee or employee may, with the consent of the licensee or employee possess and consume liquor on the licensed premises.
Section 2-12. Display of Beer and/or Liquor Consumption License.
Each license issued pursuant to this chapter shall be displayed at all times on the premises in a visible place.
Section 2-13. Minors and Intoxicated Person Regulations.
(1) Sale to Minors Prohibited It shall be unlawful to sell beer to any person under the age of twenty-one years.
(2) Presence of Minors in Certain Establishments Prohibited. It shall be unlawful for any person under the age of twenty-one years to enter, be in, or about the premises licensed as a class "C" establishment, for the sale of beer, to drink beer, or any intoxicating liquor in such licensed premises.
(3) Unlawful to Permit Minors in Certain Establishments It shall be unlawful for any licensee of a class "C" establishment for the sale of beer, or employee of such licensee, to permit any person under the age of twenty-one years to remain in or about such licensed premises. Licensee shall require every patron to present a valid drivers license or other form of identification containing a picture of the patron, his date of birth, height, weight, and color of hair and eyes, before entering the licensed premises. If the licensee questions the validity of any identification presented, licensee shall retain the identification at the door, available for inspection by the sheriff, and return the same to the patron when he leaves the licensed premises.
(4) It shall be unlawful for any person under the age of twenty-one years to be in or around any lounge or bar area in premises licensed with a "club" or seasonal license for the sale of beer or liquor consumption.
(5) Unlawful to Permit Minors in Portions of Certain Establishments It shall be unlawful for any licensee of a club or seasonal license for the sale of beer or holder of a liquor consumption license, or employee of such licensee, to permit any person under the age of twenty-one years to remain in or about the lounge or bar area in such licensed premises. Licensee shall require every patron of the lounge or bar area to present a valid drivers license or other form of identification containing a picture of the patron, his date of birth, height, weight, and color of hair and eyes, before permitting him to remain in or about the lounge or bar area. If the licensee questions the validity of any identification presented, licensee shall retain the identification at the bar, available for inspection by the sheriff, and return the same to the patron when he leaves the lounge or bar area.
(6) Possession of Beer Prohibited to Minors. Exception It shall be unlawful for any person under the age of twenty-one years to purchase, accept or have in his or her possession any alcoholic beverage, including beer or intoxicating liquor; provided, however, that this subparagraph shall not apply to the acceptance of alcoholic beverages by such person for medicinal purposes supplied only by the parent or guardian of such person or the administering of such alcoholic beverage by a physician in accordance with the law; provided further that the provisions of the subparagraph prohibiting possession of beer shall not apply to persons under twenty-one years of age who are bona fide employees in class "A" licensed premises while in the discharge of their employment therein or thereabouts.
(7) Unlawful to Permit Intoxicated Person on Licensed Premises It shall be unlawful for any person licensed to sell beer or for any of his agents or employees to allow intoxicated persons to remain in or about any licensed premises.
Section 2-14. Minimum Lighting and Open View Regulations.
It shall be unlawful for any person to own, operate or manage any premises licensed for the sale of beer without complying with the following lighting and view requirements:
(A) During business hours a minimum of one candle power light measured at a level five 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.
Section 2-15. Sale or Disposition of Beer or Liquor.
It shall be unlawful for any licensee, or employee to sell, dispose of, give away or deliver any beer or liquor or permit the consumption on the licensed premises between the hours of 1:00 A.M. and 7:00 A.M. Monday thru Saturday, except that, on Sunday and the day of a holiday the hours of unlawful operation shall be between the hours of 2:00 A.M. and 7:00 A.M. and, except further that on any New Years Day the hours of unlawful operation shall be between the hours of 3:00 A.M. and 7:00 A.M. of said day.
Section 2-16. Fines
Any person who shall engage in the business of a retailer or wholesaler of alcohol within Carbon County, outside the limits of incorporated cities and towns, without having an appropriate license therefore, or who shall violate any provisions of this title or whose license issued by the Board of County Commissioners of Carbon County, Utah, or Utah Liquor Control Commission has been revoked, suspended, or cancelled, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00 or by imprisonment in the County Jail for a term not exceeding six months or by both such fine and imprisonment.
Part 2. Effective Date
The County Clerk is directed to publish a summary of this ordinance once in the Sun Advocate newspaper, in compliance with the provisions of section 17-15-1, Utah Code Annotated, 1953, as amended. This ordinance shall become effective on May 3 , 2000. Passed and adopted by the Board of County Commissioners of Carbon County, Utah on May, 2000