HomeMy Public PortalAboutORD-CC-1999-09ORDINANCE 99-09
AN ORDINANCE ADDING SECTIONS 5.20.110 AND 5.20.155 TO THE MOAB
CITY CODE RELATING TO PRIVATE CLUB RETAIL LICENSES AND AMENDING
SECTIONS 5.120.150 AND 5.20.171 RELATING TO PRIVATE CLUB RETAIL
LICENSES.
WHEREAS, the governing body of the City of Moab deems it necessary to
describe the requirements associated with the operation and licensing of Private Clubs;
and
WHEREAS, the governing body desires to make all Moab Municipal Code
provisions related to Private Clubs consistent with Utah State Code;
NOW THEREFORE, the CITY of MOAB, upon action of the governing body,
amends and adds sections as follows:
5.20.110 — Definitions
Premise: any building, enclosure, room, equipment or other designated areas
used in connection with the sale, storage, service, manufacture, distribution, or
consumption of alcoholic products, unless otherwise defined in this chapter or in the
rules adopted by the Alcoholic Beverage Control Commission.
5.20.150 - Retail license classification --Generally.
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:
Private Club
Class I
Class II
Class III
Class "Seasonal"
1. Section 5.20.155 Private Club Retail License. A Private Club license shall
entitle the licensee to sell liquor in accordance with state law.
A. A Private Club retail license shall entitle the licensee to sell beer in open
containers, in any size container not exceeding two -liters and on draft,
without obtaining a separate on -premise beer retailer license from the
City of Moab.
B. Private Clubs licensed under this section that sell beer pursuant to
section 5.20.155 (a), shall comply with all appropriate operational
restrictions under sections 5.20.171.
5.20.171 Private Club, Class I and Class II requirements.
Each person granted a Private club, Class I or Class II license and the
employees and management personnel of the Private club, Class I or Class II license
shall abide by the following conditions and requirements. Failure to comply may result in
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a suspension or revocation of the license or other disciplinary action taken against
individual employees or management personnel.
A. Private club, Class I or Class II licensees may sell beer in open
containers, in any size not exceeding two liters, and on draft.
B. Liquor may not be stored or sold on the premises of any Class I or Class
II licensee.
C. A patron or guest may only make purchases in the Private club, Class I or
Class II licensee from a server designated and trained by the licensee.
1. Beer may not be sold or offered for sale at any Private club, Class
I or Class II licensee after one a.m. and before ten a.m.
2. Beer may not be sold, delivered, or furnished to any:
a. Minor;
b. Person actually, apparently, or obviously drunk;
c. Known habitual drunkard; or
d. Known interdicted person.
E. Beer sold in sealed containers by the Private club, Class I or Class II
licensee may be removed from the Private club, Class I or Class II
premises.
1. A person may not bring onto the premises of a Private club, Class
I or Class II licensee any alcoholic beverage for on -premises
consumption.
2. A Private club, Class I or Class II licensee or its officers,
managers, employees, or agents may not allow a person to bring
onto the Private club, Class I or Class II licensee premises any
alcoholic beverage for on -premises consumption or allow
consumption of any such alcoholic beverage on its premises
except that, subject to the discretion of the licensee, cork finished
wine may be carried in for consumption on the premises, but must
be immediately surrendered to a server or other representative of
the club, restaurant, tavern, bar, etc.
3. If any Private club, Class I or Class II license or any of its
officers, managers, employees, or agents violates this subsection:
a. The city council may immediately suspend or revoke
the Private club, Class I or Class II license and the
Private club, Class I or Class II licensee is subject to
possible criminal prosecution under provisions of this
chapter and state law.
G. Minors may not be employed by or be on the premises of a Private club,
Class I or Class II licensee to sell or dispense beer. Minors may not be
employed by or be on the premises of any Class I tavern.
H. An employee of a licensee, while on duty, may not consume an alcoholic
beverage or be under the influence of alcoholic beverages.
Each Private club, Class I or Class II licensee shall display in a prominent
place in the on -Private club, Class I or Class II licensee:
1. The Private club, Class I or Class II license that is issued by the
department; and
2. A sign in large letters stating: "Warning: The consumption of
Alcoholic Beverages purchased in this establishment may be
hazardous to your health and the safety of others." (Ord. 94-14
(part), 1994)
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Passed and adopted by action of the governing body of the City of Moab in open
session this 23`d day of February, 1999.
Attest:
Rachel Ellison
Recorder
Karla R. Hancock
Mayor
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