5.08.030 Off-premise beer retailer license.
1. Lindon City Off-Premise Beer Retailer License Required. It is unlawful for any person within the limits of Lindon City to engage in the business of the retail sales of beer to a patron for consumption off of the retailer’s premises without first obtaining a Lindon City off-premise beer retailer license from Lindon City.
2. State Off-Premise Beer Retailer License Required. No Lindon City off-premise beer retailer license shall be issued to an off-premise beer retailer until a separate state off-premise beer retailer license has been obtained from the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 7, Part 4 of the Utah Code.
3. Qualifications of Licensee. A Lindon City off-premise beer retailer license may not be granted:
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 a Lindon City off-premise beer retailer 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 floor plan of the premises that outlines the location of each beer display;
f. A copy of the applicant’s responsible alcohol service plan;
g. A map showing the proximity of the proposed off-premise beer retail location and community locations;
h. A signed consent form stating that the applicant will permit an authorized representative of Lindon City or any law enforcement officer to have unrestricted right to enter the licensed premises.
5. Proximity to Community Locations. No Lindon City off-premise beer retailer license may be issued if on the date the application is submitted there is a community location within six hundred feet (600') of the proposed retail location, as measured from the nearest entrance of the proposed retail location by following the shortest route of ordinary pedestrian travel to the property boundary of the community location, or within three hundred feet (300') of the proposed retail location, measured in a straight line from the nearest entrance of the proposed retail location to the nearest property boundary of the community location.
a. The city council may grant a variance or waiver of the proximity requirements of this section if an applicant can show that there are special circumstances unique to the proposed retail location which do not generally apply to other similar retail locations and that granting the variance or waiver would not be detrimental to the public health, peace, safety, or welfare of the community.
i. The burden of proving special circumstances and of showing that the requested variance or waiver will not be detrimental to the public health, peace, safety, or welfare of the community rests upon the applicant. The decision to grant or deny a request for a variance or waiver under this section constitutes a legislative action by the city council and is subject to a reasonably debatable standard.
b. An off-premise beer retailer operating prior to June 30, 2018, may continue to operate within proximity to the community locations as they existed at the time the original license was issued; provided, that there has been no lapse in the use of the property as an off-premise beer retailer.
i. This right to continue operations as an off-premise beer retailer under previous proximity requirements shall not be terminated based on change in ownership of the off-premise beer retailer or ownership of the real property on which the off-premise beer retailer is located.
6. Lindon City Off-Premise Beer Retailer License for a Brewery Manufacturing License. The owner of a properly issued brewery manufacturing license may apply for and receive a Lindon City off-premise beer retailer license; provided, that the retail portion of such facility complies with the requirements of this chapter and the owner follows and complies with the requirements of this chapter and with the provisions of the Utah Alcoholic Beverage Control Act.
7. License Fee. All applicants for a Lindon City off-premise beer retailer 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. A Lindon City off-premise business license must be renewed on an annual basis and an applicant shall pay a renewal fee as set forth in Section 5.08.070.
8. Separate Locations. A separate Lindon City off-premise beer retailer license shall be required for each place or location of off-premise beer retail sales.
9. Separation of Beer from Nonalcoholic Beverages and Notice to Consumers. All beer sold by an off-premise beer retailer shall be displayed in an area that is visibly separate and distinct from locations in which nonalcoholic beverages are displayed and sold.
a. Display areas containing beer shall be labeled with a sign that is prominent and easily readable by a consumer and meets the requirements of the Off-Premise Beer Retailer Act found in Title 32B, Chapter 7 of the Utah State Code and informs the consumer that the beverages contain alcohol.
10. Alcohol Training and Education. All off-premise beer retailers shall ensure that all staff selling beer, or supervising the sale of beer, are properly trained pursuant to the requirements of the Alcohol Training and Education Act as set forth in Title 32B, Chapter 5, Part 4 of the Utah Code.
a. An individual hired with the responsibility to sell beer, or supervise the sale of beer, for an off-premise beer retailer shall complete an alcohol training and education seminar within thirty (30) days of the date on which they begin such employment if they do not have a valid record of previously completing such training.
b. Lindon City shall immediately suspend the license of an off-premise beer retailer that allows an individual to work as a supervisor or manager of the sale of beer without having a valid record that the individual completed an alcohol training and education seminar.
11. Staff Authorized to Sell Beer/Maintenance of Records.
a. A minor may not sell beer to consumers unless:
i. The minor is at least sixteen (16) years of age;
ii. Has been properly trained pursuant to the requirements of the Alcohol Training and Education Act; and
iii. Is directly supervised by a person twenty-one (21) years of age or older who has been properly trained pursuant to the requirements of the Alcohol Training and Education Act.
b. All off-premise beer retailers shall identify and maintain identifying information of all staff who directly sell or supervise the sale of beer to patrons for consumption off the premises pursuant to the requirements of the Off-Premise Beer Retailer Act found in Title 32B, Chapter 7 of the Utah Code and shall make such records available for immediate inspection by a peace officer or other city representative upon request.
c. Any off-premise beer retailer who is found to have failed to maintain the records as required by this chapter and/or by the Utah Alcoholic Beverage Control Act shall be subject to a fine of up to two hundred fifty dollars ($250) for each employee for whom the records are not correctly maintained.
12. Penalties Related to Sales to Minors.
a. In addition to any criminal penalty that might be imposed, Lindon City shall impose the following sanctions upon an off-premise beer retailer if an individual who, while on duty as staff of an off-premise beer retailer, is found in violation of the law involving the sale of an alcoholic product to a minor:
i. Upon the first violation, a written warning shall be issued against the off-premise beer retailer;
ii. Upon a second violation, a civil fine of two hundred fifty dollars ($250) shall be imposed against the off-premise beer retailer;
iii. Upon a third violation, an off-premise beer retailer shall pay a civil fine of five hundred dollars ($500);
iv. Upon a fourth violation, an off-premise beer retailer shall pay a civil fine of five hundred dollars ($500), have off-premise beer retailer license suspended for thirty (30) days and be placed on probation for one (1) year;
v. Any violation occurring during the probationary period will result in immediate revocation of the off-premise beer retailer license for a period of at least six (6) months and an additional civil fine of five hundred dollars ($500);
vi. Any violation occurring after an off-premise beer retailer has had their license revoked for at least a six (6) month period will result in the permanent revocation of the off-premise beer retailer license; and
vii. Failure to pay the fines imposed pursuant to this chapter within thirty (30) days of the day on which the fine is imposed is grounds for suspension of the license until the payment is made.
b. In addition to any criminal penalty that might be imposed, an individual who, while on duty as staff of an off-premise beer retailer and after having completed an alcohol training and education seminar, is found in violation of the law involving the sale of an alcoholic product to a minor is subject to the following administrative sanctions:
i. Upon a first violation, the individual may not sell or directly supervise a sale of beer to any customer until the individual retakes and completes an alcohol training education seminar;
ii. Upon a second violation, an individual may not sell or directly supervise the sale of beer for the longer of a period of ninety (90) days or until the individual retakes and completes an alcohol training education seminar and completes any additional training that may be required by Lindon City;
iii. Upon a third violation, an individual may not sell or directly supervise the sale of beer for a period of one (1) year and must again complete the alcohol and training education seminar and any other additional training that Lindon City may require.
c. Any off-premise beer retailer found to be allowing an individual to sell or supervise the sale of beer while being suspended pursuant to the provisions of this chapter shall immediately have their Lindon City off-premise beer retailer license suspended.
d. Prior to imposing any sanction provided for under this section, Lindon City shall hold an administrative hearing administered by the city administrator, or a hearing officer appointed by the city administrator, if requested by the off-premise beer retailer or the employee alleged to have violated the law regarding the sale of alcohol to a minor.
i. Upon a request for an administrative hearing, the city administrator, or the appointed hearing officer, shall give notice of the hearing and provide an opportunity to be heard within thirty (30) days of the request.
ii. The prescribed sanction may be imposed only if the city administrator, or the appointed hearing officer, finds by a preponderance of the evidence that the violation occurred.
13. Revocation of Lindon City Off-Premise Beer Retailer License. All Lindon City off-premise beer retailer license holders shall comply with all applicable provisions of this chapter, the Alcoholic Beverage Control Act found in Title 32B of the Utah Code, and the established regulations of the Utah Alcoholic Beverage Control Commission, including alcohol training and education seminars for employees.
a. The city recorder may suspend or revoke a Lindon City off-premise beer retailer license if:
i. At any time a license holder fails to comply with the provisions of this chapter, the Alcoholic Beverage Control Act found in Title 32B of the Utah Code, or the established regulations of the Alcoholic Beverage Control Commission, including alcohol training and education seminars for employees;
ii. The state off-premise beer retailer license is revoked or denied by Alcoholic Beverage Control Commission;
iii. The applicant knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder; or
iv. Continuance of the license would be inconsistent with public health, safety or general welfare of the residents of Lindon City.
b. Any person aggrieved by any decision of the city administrator, or the appointed hearing officer, with respect to the revocation of a Lindon City off-premise beer retailer license based on a finding of noncompliance with this chapter or with the Alcoholic Beverage Control Act, may appeal to the Lindon City Council by filing a notice of appeal with the city recorder.
i. The appeal must be filed within ten (10) days of the city administrator, or the appointed hearing officer, issuing the decision to revoke the Lindon City off-premise beer retailer license.
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.
c. The revocation of the corresponding state issued off-premise beer retailer license by the Utah Alcoholic Beverage Control Commission shall be a per se reason for the revocation of a Lindon City off-premise beer retailer license for which there is no right of appeal.
d. In the event that there is a reinstatement of a state issued off-premise beer retailer license, the off-premise beer retailer must reapply for and secure a new Lindon City off-premise beer retailer license.
i. Lindon City shall consider and weigh all circumstances and conditions related to the suspension and reinstatement of the state issued off-premise beer retailer license and may deny an application for a Lindon City off-premise beer retailer license if the city is not satisfied that the circumstances leading to the original suspension have not be adequately addressed or remedied. (Ord. 2018-11 §1, amended, 2018; Ord. 2004-7, amended, 2004; Ord. 98-1, repealed and replaced, 2000; Prior code §6-3)