5.08.020 Business license required for all alcohol-related businesses.
1. Business License Required. It is unlawful for any person or entity to own or operate an alcohol-related business within the corporate limits of the city without first having procured a business license therefor from Lindon City as hereinafter provided.
2. State Issued Retail Alcohol License/Lindon City Off-Premise Beer Retailer License Required. No business license shall be issued to an alcohol-related business until a separate, corresponding, state issued retail alcohol license, or Lindon City off-premise beer retailer license, has been secured by the owner of the alcohol-related business and proof thereof is provided to Lindon City.
a. If an applicant is required to show proof of a city business license in order to secure a state issued retail alcohol license, the business license clerk may issue a temporary alcohol-related business license that shall be valid for thirty (30) days, provided the applicant meets all other requirements of this section.
b. If an applicant, who has been issued a temporary business license under this section, fails to provide proof of a state issued retail alcohol license to the city within thirty (30) days of the issuance of the temporary business license, the application for a business license shall automatically be deemed to have been withdrawn, and of no further effect.
i. The right to operate an alcohol-related business within the city shall cease without further action or notice from Lindon City.
ii. Each day the alcohol-related business continues to operate after a temporary business license has lapsed under this section shall constitute a separate violation of this chapter.
3. Qualifications of Licensee. A business license may not be granted for an alcohol-related business:
a. Unless the licensee is of good moral character, over twenty-one (21) years of age, and lawfully present in the United States;
b. To anyone who has been convicted of a felony or misdemeanor involving moral turpitude; or
c. To any partnership, association, or corporation if any member, director, or officer lacks the qualifications set forth in this chapter.
4. Written Disclosures. An application for an alcohol-related business license shall be accompanied by written disclosures and information verifying the qualifications of the licensee and shall include:
a. Proof of the applicant’s identification and lawful presence in the United States;
b. A completed BCI background check.
i. To the extent permitted by state and/or federal law, all BCI background checks will remain confidential and protected as a private record not available for public inspection;
c. The city may consult any and all publicly available sources for information on the applicant including but not limited to databases for any outstanding warrants, protective orders, or civil judgments and may require additional disclosures as may be necessary to ensure the good moral character of any applicant;
d. Partnerships, associations, and corporations applying for an alcohol-related business license shall provide the required written disclosures for each individual member, director, and officer;
e. A copy of the applicant’s responsible alcohol service plan; and
f. A map showing proximity of the proposed alcohol-related business to community locations and verification that state issued retail alcohol license holders comply with the proximity requirements of Section 32B-1-202 of the Utah Code.
i. Applicants for a Lindon City off-premise beer retailer license must show compliance with the proximity to community locations requirements as required by Section 5.08.030(5).
5. License Fee. All applicants for an initial alcohol-related business license shall pay a license fee in the amount of three hundred dollars ($300), or in the amount as may be amended by the Lindon City Council and set forth in the Lindon City fee schedule.
a. An alcohol-related business must be renewed on an annual basis and shall pay a renewal fee as set forth in Section 5.08.070.
6. License Does Not Constitute Written Consent. A business license issued under this chapter shall not constitute the written consent of Lindon City to an application to the Utah Alcoholic Beverage Control Commission for a retail license as required by the Utah Alcoholic Beverage Control Act.
7. Display of License. Both the business license and the state issued retail alcohol license or Lindon City off-premise beer retailer license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued.
8. Separate Locations. A business license shall be required for each place of sale or service of alcohol.
9. Revocation of Alcohol-Related Business License. All alcohol-related business license holders shall comply with all applicable provisions of the Alcoholic Beverage Control Act of Utah and the established regulations of the Alcoholic Beverage Control Commission at all times in the operations and maintenance of their alcohol-related businesses, including alcohol training and education seminars for employees. If at any time such a license holder fails to comply with such regulations or if the state issued retail alcohol license or Lindon City off-premise beer retailer license is revoked or denied, the business license may be revoked and declared null and void by the business license clerk.
a. Any person aggrieved by any decision of the business license clerk with respect to the revocation of a business license based on a finding of noncompliance with the Alcoholic Beverage Control Act may appeal to the Lindon City Council.
i. The appeal must be filed within ten (10) days of the business license clerk issuing the finding of noncompliance.
ii. Upon receipt of the written notice of appeal, a time and place for hearing such appeal shall be set within thirty (30) days and notice shall be given to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to such person at their last known address.
iii. The city council shall have authority to determine all questions raised on such appeal by a preponderance of the evidence.
b. The revocation of a state issued retail alcohol license by the Utah Alcoholic Beverage Control Commission shall be a per se reason for revocation of the corresponding business license for which there is no right of appeal.
c. In the event that a state issued retail alcohol license is reinstated after a corresponding business license has been revoked by Lindon City, the owner of an alcohol-related business must apply for and secure a new business license from the city before resuming operations of the alcohol-related business. (Ord. 2018-11 §1, amended, 2018; Ord. 2004-7, amended, 2004; Ord. 98-1, repealed and replaced, 2000; Prior code §6-1)