5.08.040 Written consent to applications for state issued retail alcohol license.
With the exception of off-premise beer retailers, the licensing of alcohol-related businesses is reserved to the Utah Alcoholic Beverage Control Commission. However, as part of the state licensing process, applicants seeking a state issued retail alcohol license for a facility or event in Lindon City are required to obtain the written consent of Lindon City for such license or permit. The process for issuing Lindon City’s written consent shall be as follows:
1. Requirements to Issue Written Consent. The city recorder is authorized to issue Lindon City’s written consent to an application for a state issued retail alcohol license, upon finding that an applicant has satisfied the following requirements:
a. That the applicant meets the required qualifications of a licensee as set forth in Section 5.08.020(2);
b. That the applicant has provided Lindon City with all written disclosures required in Section 5.08.020(4);
c. That the location of the proposed alcohol-related business meets the respective requirements for proximity to community locations as set forth in this chapter and in the Utah Alcohol Control Act;
d. That the applicant has paid the business license fee set forth in Section 5.08.020(5); and
e. That the applicant has not had any state issued retail alcohol licenses or a Lindon City off-premise beer retailer license revoked or suspended within the last six (6) months.
2. Issuance of Consent or Denial. The city recorder shall issue the written consent to a request for a state issued retail alcohol license, or a written denial of such request if the city recorder finds that any of the requirements set forth in this subsection have not been satisfied, within thirty (30) days of receiving the request for written consent.
3. Appeal of a Denial to Issue Written Consent. Any person aggrieved by any decision of the city recorder with respect to the denial of a request for written consent may appeal to the Lindon City Council by filing a written notice of appeal.
a. Any appeal must be filed within ten (10) days of the city recorder issuing the written denial of the request for consent.
b. Upon receipt of the written notice of appeal, a time and place for hearing the appeal shall be set within thirty (30) days and notice shall be given to such person of the time and place of 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.
c. The city council shall have the authority to determine all questions raised on the appeal by a preponderance of the evidence. (Ord. 2018-11 §1, amended, 2018; Ord. 2004-7, amended, 2004; Ord. 98-1, repealed and replaced, 2000; Prior code §6-4)