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5.16.100. Beer retailer license

            Layton City Council may issue a beer retailer license:

            (1)        Off-premises license.  An off-premises license may be issued to allow the licensee to sell beer on the licensed premises in original containers for consumption off the premises only, in accordance with state law and City ordinances.  Beer may not be sold, provided, or possessed for off-premises consumption in containers larger than two (2) liters.  If malt beverage coolers or malt liquor is sold by a beer retailer for off-premises consumption, the beer retailer shall display a sign at the location on the premises where malt beverages or malt liquor is sold stating: "Many malt beverages contain alcohol.  Please read the label."

                        (a)        All employees involved in the transaction of off-premises retail beer sales will be required to possess and display a "Beer Handler's Permit" while on duty.

                        (b)        Those businesses possessing this license that are open twenty-four (24) hours a day shall have all public entrances and exits and the transaction or cashier area monitored by video camera and recorder from the hours of 11:00 p.m. to 5:00 a.m.  Said cameras shall be programmed in such a manner that the date and time shall appear on the video tape or film when being viewed through a monitor.  The recorded tapes will be maintained by the business for a period of not less than seven (7) days from the day the recording ends.  Said tapes will be made available to the City for review and auditing purposes upon twenty-four (24) hours notice, absent exigent circumstances.

                        (c)        Any licensee may submit plans or proposals to the Chief of Police or designee to verify compliance with the intent of this Section.  The objective of the review is to verify that people may be reasonably identifiable through the camera based on location, direction, and distance between the camera and monitored area.  Any approval obtained through such a review is not a guarantee nor warranty of the effectiveness of the plan or approval but is only to determine whether the licensee's plan or proposal satisfies the intent hereof.

            (2)        On-premises license.  A beer retailer on-premises license may be issued to a tavern, bar, cabaret, pub, cocktail lounge, or similar establishments, to allow the licensee to sell beer, for consumption on the premises all to be exercised in accordance to state law and City ordinances.  An on-premises license shall be issued to an applicant engaged in good faith in the business of dispensing and selling beer at retail, in the original containers or in draft, over a bar in these establishments.

                        (a)        On-premises license - Bowling Alley.  May be issued for the entire portion of the bowling alley used in the sport of bowling and recreation.

                        (b)        On-premises license - Golf Course.  May be issued for the area of the golf course used in the sport of golfing.  Including the clubhouse, fairways, and greens.  To include all areas identified as the golf course.

            (3)        The location of these licensees shall be limited to two (2) licensed beer retailer on-premises establishments or two (2) licensed private clubs, or a combination thereof, not to exceed two (2), within each designated commercial super block.  Further, no new beer retailer on-premises licensee shall be located closer than six hundred feet (600') to an existing beer retailer on-premises licensee or private club.  The six hundred feet (600') shall be measured in a straight line between the nearest property lines of the subject properties.

            (4)        A beer retailer on/off-premises may not be established within six hundred feet (600') of any public or private school, church, public library, public playground, school playground, or park, measured from the nearest entrance of the on/off-premises beer retailer by following the shortest route of either ordinary pedestrian traffic, or where applicable, vehicle travel along public thoroughfares, whichever is the closer.

            A beer retailer licensed premises may not be established within two hundred feet (200') of any public or private school, church, public library, public playground, school playground, or park measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the above named.

            (5)        The restrictions contained in paragraph (4) of this Section govern unless the Layton City Council finds, after a full investigation by the code enforcement officer, that compliance with the distance requirements would result in peculiar and exceptional practical difficulties or exception and undue hardships in the granting of a beer retailer license.  Additional circumstances may be considered and include topography, existing permanent physical barriers, sight distance, land-use issues, compatibility, travel distance, etc.  In that event, the City Council may, after giving full consideration to all the attending circumstances, following a public hearing, authorize a variance from the distance requirements to relieve the difficulties or hardships if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Chapter.  If such a variance is granted the Council may impose additional restrictions upon the licensee to ensure the purpose of the intended restrictions.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 06-53, Amended, 11/2/2006
Ord. No. 1053, Amended, 8/24/1994
Ord. No. 97-10, Amended, 4/3/1997
Ord. No. 97-18, Amended, 4/17/1997

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