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3-1-1 License Required to Sell Beer at Retail It shall be unlawful for any person to engage in the business of the sale of light beer at retail in bottles, other original containers, or draft, outside the corporate limits of the cities and towns in Weber County, and within the corporate limits of Weber County, without first having procured a license therefor from the Board of Commissioners of said County as hereinafter provided. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or to which it shall be issued. All licenses shall comply with the provisions of the Liquor Control Act of Utah and the regulations of the Liquor Control Commission, and every license shall recite that it is granted subject to revocation as hereinafter provided.

3-1-2 Definitions The following words and phrases used in this title shall have the following meaning unless a different meaning clearly appears from the context.


1. "Alcoholic Beverage" means and includes "beer" and "liquor" as they are defined herein.
   
   
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 decoration, of any malted grain, or similar products, and which contains not more than 3.2 per centum of alcohol by weight and may or may not contain hops or other vegetable products and includes ale, stout or porter.
   
   
3. "Keg" shall be defined as a bulk container for the storage and transportation of beer which shall contain in excess of one gallon of beer. (Amended by Ord. #5-89, 5/24/89)
   
   
4. "Licensed Premises" means any room, house, building, structure, or place occupied by any person licensed to sell beer on such premises under this title; provided that in any hotel or other business establishment an applicant for Class "B" or "C" license may designate a room or portion of a building of such business for the sale of beer which portion so specifically designed in the application for a license and the license issued shall be the licensed premises.
   
   
5. "Liquor" means and includes alcohol or any alcoholic, spirituous, vineous, fermented, malt, or other liquid or combination of liquids, a part of which is spirituous, vineous or fermented, and all other drinks or drinkable liquids containing more than one-half of one per centum of alcohol by weight; and all mixtures, compounds or preparations, whether liquid or not, which contain more than one-half of one per centum of alcohol by weight, and which are capable of human consumption; except that the term "liquor" shall not include "light beer."
   
   
6. "Nuisance" means any room, house, building, structure, place, or licensed premises where:
   
   
   1. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used, or where persons resort for drinking alcoholic beverages contrary to the Liquor Control Act of Utah or this Title; or where:
      
      
   2. Intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted, or carried on; or where
      
      
   3. Minors are permitted to purchase or drink beer or enter upon or loiter about licensed premises, or are employed thereon; or where
      
      
   4. Laws or ordinances are violated by licensee or his agents or patrons with the consent or knowledge of licensees upon such premises which tend to affect the public health, peace or morals; or where
      
      
   5. Any sign displayed which is obnoxious, gaudy, blatant or offensive.
   
   
7. "Person" includes any individual, firm, copartnership, corporation, association, joint venture, or any group or combination, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context. (Amended by Ord. #21-80, 6/19/80)
   
   
8. "Retailer" means any person engaged in the sale of or distribution of beer to the consumer.
   
   
9. "Sell" or "To Sell," when used in this Title in any provision shall be construed to include to solicit or to receive an order for, to keep or expose for sale to deliver for value or gratuitously, to peddle, to possess with intent to sell or 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 the importation for sale or in the sale of beer in wholesale or jobbing quantities.

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3-2-1 License Fee For Wholesalers. It shall be unlawful for any person to engage in the business of selling beer at wholesale within the limits of Weber County and outside the corporate limits of the cities and towns in Weber County without first obtaining a license thereof from the Liquor Control Commission of Utah and paying a fee therefor in the sum of $400.00 per annum.

3-2-2 License Privileges Retail Licenses issued hereunder shall be of the following kinds and shall carry the following privileges and be numbered consecutively, commencing from the number one:


1. "Class 'A'" retail license shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Liquor Control Act of Utah and the ordinances of Weber County.
   
   
2. "Class 'B'" retail license shall entitle the licensee to sell beer on the premises in the original containers for consumption on the premises and to all of the privileges granted to the holder of Class "A" retail license and in accordance with the Liquor Control Act of Utah, and shall be issued solely to restaurants only when the food and services sold or rendered are sufficient in nature to amount to evidence and afford assurance to the Board of Commissioners of a bona fide restaurant business instead of a mere pretext for obtaining a license.
   
   
3. "Class 'C'" retail license shall entitle the licensee to sell beer on draft for consumption on or off the premises and to all the privileges granted the holders of Class "A" and "B" retail licenses in accordance with the Liquor Control Act of Utah.
   
   
4. "Class 'D'" retail license shall entitle the licensee to sell beer on draft or in the original containers upon such premises during such times as the Board of Weber County Commissioners may designate from time to time by resolution. Such sales may be made for consumption on or off the designated premises. The Commission shall designate hereunder only those premises upon which public fairs, stock and other animal shows, celebrations, fiestas, occasional athletic contests, and similar events are in preparation or progress. A copy of the County Commission's resolution designating the premises on which sales may be made under a Class "D" license shall be posted and conspicuously displayed with the license at such premises.

Following initial approval by the County Commission, Sheriff and Health Department, subsequent approvals for a temporary license by the same licensee at the same site in the same calendar year may be approved by the Weber County Sheriff upon application and payment of the required fee without additional County Commission or Health Department approval as required by Sections 3-1-1 and 3-2-5 and investigation by the Sheriff as in 3-2-6. (Amended by Ord. #10-86, 6/16/86)

3-2-3 Applications
1. No retail license hereunder shall be granted to any person unless he shall be of good moral character, over the age of twenty-one (21) years, and a citizen of the United States; and no license shall be granted to anyone who has been convicted of a felony or of any violation of any law or ordinance relating to intoxication liquors or of drunk driving, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony, or having violated any such law or ordinance; nor shall any license be granted to any partnership, any member of which fails to meet the standards prescribed herein; nor to any corporation, any director or officer of which fails to meet such standards. No license shall be granted to any person who does not meet the qualifications therefor prescribed by the Liquor Control Act of Utah. (Amended by Ord. #10-86, 6/16/86)
   
   
2. It is unlawful for any licensee holding a Class "B," Class "C," Class "D" or "Seasonal" license hereunder to employ any person in or about the licensed premises, whether as manager, agent, or servant, who does not have all the qualifications required of a licensee as hereinbefore specified. Provided that this restriction shall not apply to servants without executive or discretionary authority of Class "B" licensees, whose duties are restricted entirely to the restaurant business of such licensee.

3-2-4 Qualifications of licensees and employees
1. Every applicant for a retail beer license under this Title shall file with the Weber County License and Inspection Department his written and verified application therefor upon such form as may be prescribed by the Board of Weber County Commissioners.
   
   
2. Every application shall state the applicant's name in full and shall specify in detail his qualifications to hold a retail beer license under this Title and the Liquor Control Act. If the applicant is a copartnership, the applicant shall state the name and address of all copartners, and if a corporation, the name and address of all officers and directors, and the name and address of any person holding twenty percent (20%) or more of the outstanding capital stock of the corporation.
   
   
3. Every application shall further state the names and addresses of all employees of the applicant employed or proposed to be employed in and about the licensed premises.
   
   
4. Every application shall further state the location and limits of the premises for which a license is sought, the name and address of each owner of any interest in the premises and the nature and extent of the applicant's rights therein.

3-2-5 Investigation by Health Department/Permit Showing Sanitary Condition. The applicant shall also be referred immediately to the Weber County Health Department. The Health Department shall, within ten (10) days after receiving such application, make an investigation and inspection of the proposed licensed premises; and shall report in writing to the Weber County Commission whether the premises to be licensed are in a sanitary condition and whether the equipment used in the storage and handling are in a sanitary condition and whether the equipment used in the storage, handling and distribution or sale of beer and other beverages and food, if any, complied with all health regulations of Weber County and the State of Utah. No retail beer license shall be issued for any premises where the premises and the equipment aforesaid do not comply with all such health regulations.

3-2-6 Investigation by Weber County Sheriff. Every application for a retail beer license, together with such information as is required to be attached thereto, shall be referred to the Weber County Sheriff for inspection and report. The Weber County Sheriff shall, within ten (10) days after receiving such application, report in writing to the County Commission the general reputation of the applicant, and character of the premises, and of the persons who habitually frequent the same; the nature and kind of business conducted at such place; whether intoxicating liquors are or have been served or permitted to be drunk in said place, or by any applicant at any other place; whether said place is or has been conducted in a lawful, quiet, and orderly manner; the nature and kind of entertainment, if any, at said place; whether gambling is or has been permitted, or gambling devices displayed upon the premises, or by said applicant at any other place; the proximity of such premises to any school or church, and whether there is any ground to believe that any statement made in the application is untrue. The Weber County Sheriff shall add such further information as he believes to be pertinent. The Sheriff shall add thereto in writing his recommendation as to the granting or denying such application.

3-2-7 Fees. Application provided for in this chapter shall be accompanied by the fees hereinafter provided, which fee shall be deposited in the County Treasury if the license is granted and returned to the applicant if denied.
1. For Class "A" retail license per annum $200.00 or any part thereof.
   
   
2. For Class "B" retail license per annum $200.00 or any part thereof.
   
   
3. For Class "C" retail license per annum $500.00 or any part thereof.
   
   
4. For Class "D" retail license $50.00 for first day and $10.00 per day for next consecutive days or any part thereof, after the initial $50.00 for the class D license is paid, the fee for each additional license for a non-consecutive day in the same year, by the same licensee, at the same location shall be $10.00 for each day or any part thereof upon the required approval of the Weber County Sheriff. (Amended by Ord. #10-86, 6/16/86)

For "Seasonal" license at the rate of:
1. $150 for 3 months or any part thereof. (Amended by Ord. #10-86, 6/16/86)
   
   
2. $300.00 for 6 months or any part or any part thereof exceeding 6 months.
   
   
3. $450.00 for 9 months or any part thereof exceeding 6 months.

Provided, however, where two or more types of duly licensed businesses are conducted upon a single plot of ground in more than one (1) building and/or within a single establishment or building by the same person, the licenses required for the sale of beer shall be issued at a reduced fee as follows: The full regular fee shall be paid for the class of beer sales made upon the premises which requires the highest license fee plus one half of the regular license fee for each additional required license.

All licenses issued hereinafter shall be issued for one year except Class "D" and "Seasonal" licenses, which shall be issued for any number of days determined by the Board of Weber County Commissioners. (Amended by Ord. # 26-80, 8/26/80)

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3-3-1 Regulations
1. No person shall sell beer at any public dance or to any person intoxicated, or under the influenced of an intoxicating beverage. No license shall be granted to sell beer in any dance hall, theatre, or in the proximity of any church or school.



2. It shall be unlawful to sell beer to any person under the age of twenty-one years, or to sell beer for consumption on the licensed premises or permit beer to be consumed on any licensed premises unless so licensed or to permit the drinking of liquor on such premises, and it shall be unlawful to sell or otherwise dispose of beer and/or allow it to be drunk on the premises between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M. Mountain Standard time. Licensed premises upon which beer is drunk or consumed shall be closed to the public between the hours 1:00 o'clock A.M. and 6:00 o'clock A.M. Mountain Standard Time of any day and it shall be unlawful for licensee, between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M. Mountain Standard Time of any day, to keep such premises open to the public. (Amended by Ord. #7-67, 7/11/67)



3. It shall be unlawful to advertise the sale of light beer except under such regulations as are made by the Liquor Control Commission of Utah and provided that one simple designation of the fact that beer is sold under County license may be placed in or upon the window or front of the licensed premises not to exceed in cost $100.00 and no brewer, wholesaler, distributor, warehouseman or other person shall furnish to any retailer nor shall any retailer display any sign which shall exceed 720 square inches in area.



4. No licensee shall violate the terms of the license issued, nor unless he shall be so licensed shall he sell bottled or draft beer for consumption on the premises, or permit any beer to be consumed on the premises, and it shall be unlawful to keep or maintain a nuisance as is defined by this ordinance.



5. No brewer, dealer or wholesaler shall either directly or indirectly supply, give or pay for any furniture, furnishings or fixture of a retailer, nor shall such brewer, dealer or wholesaler advance, furnish money or pay for any license of a retailer, or be financially interested either directly or indirectly in the conduct or operation of the business of any retailer.



6. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business and no booth, blind or stall shall be maintained unless all tables, chairs and occupants, if any therein, are kept open to the full view from the main floor at the entrance of such licensed premises.



7. Alcoholic Beverages in County Parks. It shall be unlawful for any person to possess or consume any alcoholic beverages or beer or container therefor while upon the premises of Weber County Softball Complex, 757 West Harrisville Road, except upon the express written approval of the Board of County Commissioners.

"Beer" shall include, but not be limited to, any "light beer, "heavy beer" ale, stout, or porter. (Amended by Ord. #11-85, 6/3/85)

3-3-2 License Revocable. The Board of Commissioners of Weber County may, with or without a hearing, at its discretion, when in its opinion public interest may require, refuse to grant any license applied for or revoke any license issued and in such no cause need be stated, and may when the public welfare of the County suggests such action suspend any license for a period not to exceed one year. In any case where the license is revoked, no license shall again be issued for such premises for a period of six months after such revocation.

Any person who shall sell beer after the revocation of his license or during the period of suspension shall be punished as herein provided.

3-3-3 Inspection. All licensed premises shall be subject to inspection by any officer, agent or peace officer of Weber County or the Liquor Control Commission, or the State Board of Health, and any every licensee shall at the request of the Board of Health of Weber County furnish to it samples of beer which he shall have for sale.

3-3-4 Unlawful to Sell Kegs. It shall be unlawful for any person to sell or dispose of any beer contained in a keg in the unincorporated limits of Weber County, State of Utah, except as hereinafter provided. (Added by Ord. #21-80, 6/19/80)

3-3-5 Unlawful To Purchase Or Possess Kegs. It shall be unlawful for any person to purchase, consume or possess, either solely or jointly with another, any beer in a keg in the unincorporated areas of Weber County, State of Utah, except those persons licensed as manufacturers and distributors and other licensed individuals possessing a valid license to possess keg beer for the purpose of transpiration of sale in Weber County, State of Utah.

3-3-6 Presence During Violation Unlawful. It shall be unlawful for any person knowingly and intentionally to be present where beer is being used or possessed in violation of this Ordinance, where the use and possession is open, obvious, apparent and not concealed from those present.

3-3-7 Court May Infer Beverage To Be Beer. The Court shall, in the absence of proof to the contrary, be at liberty to infer that the alcoholic beverage in question is beer by a trade name or otherwise, or that it is labeled as beer, without the necessity of hearing evidence of chemical analysis.
Added by Ord. #21-80, 6/19/80

3-3-8 Penalty. Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors.
Ord. #4-87, 1/5/87

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