HomeMy Public PortalAboutORD-CC-2003-10ORDINANCE 2003-10
AN ORDINANCE AMENDING SECTIONS 5.120.155 AND 5.20.171 OF THE
MOAB CITY CODE RELATING TO PRIVATE CLUB RETAIL LICENSES.
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 sections as follows:
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. The Private Club Retail License shall serve as the alcohol
and business license for the purposes of Moab City regulatory licensing
and the term of which shall coincide with the calendar year.
5.20.171 Class I and Class II requirements.
Each person granted a Class I or Class II license and the employees and
management personnel of the Class I or Class II license shall abide by the following
conditions and requirements. Failure to comply may result in a suspension or revocation
of the license or other disciplinary action taken against individual employees or
management personnel.
A. 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 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 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.
1. A Class I or Class II licensee or its officers,
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managers, employees, or agents may not allow a person to bring
onto the 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.
2. If any 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 Class I or Class II license and the 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 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 Class I or Class II licensee shall display in a prominent place in the
Class I or Class II licensee:
1. The 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)
Passed and adopted by action of the governing bodyofthe City ofyoa. in open;
session this 18th day of November, 2003.
Attest:
atzpc-ea
Rachel Ellison
Recorder
David L. Sakrison
Mayor
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