3-3-2: DEFINITIONS:
For purposes of this chapter, the city council hereby adopts, by reference, and incorporates the definition sections in the Utah Alcoholic Beverage Control Act. In addition, the following words and phrases shall have the meaning herein prescribed:
ACT: The Utah Alcoholic Beverage Control Act, Utah Code Annotated title 32B, or successor provisions as amended.
BAR ESTABLISHMENT: A license entitling the licensee to sell an alcoholic product for consumption on the licensed premises and in connection with a license issued by the state of Utah to operate as a bar establishment as provided in Utah Code Annotated 32B-6, part 4, or successor provisions as amended.
BAR ESTABLISHMENT IN A HOTEL: A license intended to serve the clientele, patrons and guests of significant hotel/convention facilities, which bar establishment shall be located in a hotel containing not less than one hundred thirty (130) guestrooms and with not less than four thousand (4,000) square feet of function space, consisting of meeting and/or dining rooms that can be reserved for private use under a banquet contract and be able to accommodate a minimum of three hundred (300) people and which bar establishment shall not have any separate entrances from outside the hotel facility. This type of bar establishment license entitles the licensee to sell alcohol products for consumption on the licensed premises and in connection with a license issued by the state of Utah to operate as a bar establishment. This type of bar establishment license may only be issued to the owner or operator of a qualifying hotel, or a wholly owned affiliate or subsidiary thereof.
BAR ESTABLISHMENT IN A RETAIL ESTABLISHMENT: A license intended to serve the clientele, patrons and guests of a significant retail facility, which bar establishment shall be located in a retail facility containing not less than one hundred thousand (100,000) square feet. This type of bar establishment license entitles the licensee to sell alcohol products for consumption on the licensed premises and in connection with a license issued by the state of Utah to operate as a bar establishment. This type of bar establishment license may only be issued to the owner or operator of the qualifying retail facility, or a wholly owned affiliate or subsidiary thereof.
BAR ESTABLISHMENT IN THE ARTS DISTRICT OVERLAY ZONE: A license intended to serve the downtown area, which bar establishment shall be located in the C-4 commercial zone in the arts district overlay zone. This type of bar establishment license entitles the licensee to sell alcohol products for consumption on the licensed premises and in connection with a license issued by the state of Utah to operate as a bar establishment.
CITY: The city of St. George, Utah.
LICENSE OFFICER: The business license officer of the city.
LICENSED PREMISES: Any property, building, enclosure, room or equipment used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic beverages or products and licensed to carry out the activity approved under this chapter and under the Act.
LICENSEE: Any person issued a license by the city to sell, manufacture, store or allow consumption of alcoholic beverages on premises owned or controlled by the person.
OFF-PREMISES BEER RETAILER: A license entitling the licensee to sell beer on the licensed premises for consumption off the premises as provided in Utah Code Annotated, chapter 32B-7, or successor provisions as amended or as provided in Utah Code Annotated, chapter 32B-2, Part 6, except, in addition to the Act requirements, the following is also required:
1. The off-premises retail space shall be at least one thousand (1,000) square feet; and
2. The off-premises beer retailer shall not have more than thirty percent (30%) of its total annual gross retail receipts for the off-premises retailer from the sale of beer.
ON-PREMISES BANQUET LICENSE: A license entitling the licensee to sell beer on the licensed premises for consumption on the premises as provided in Utah Code Annotated, title 32B, chapter 6, part 6, or successor provisions as amended or as provided in Utah Code Annotated, except as this section applies to hotels, in addition to the Act requirements, the following is also required:
1. A license intended to serve the clientele, patrons and guests of significant hotel/convention facilities, which bar establishment shall be located in a hotel containing not less than sixty (60) guestrooms and at least one thousand (1,000) square feet of function space, consisting of meeting and/or dining rooms that can be reserved for private use under a banquet contract and be able to accommodate a minimum of seventy-five (75) people. This type of banquet license entitles the licensee to sell alcohol products for consumption on the licensed premises and in connection with a license issued by the state of Utah to provide banquet services in a hotel. This type of license may only be issued to the owner or operator of a qualifying hotel, or a wholly owned affiliate or subsidiary thereof.
ON-PREMISES BEER RETAILER/NON-TAVERN RECREATIONAL AMENITY RETAILER: A license entitling the licensee to sell beer on the licensed premises for consumption on the premises as provided in Utah Code Annotated, title 32B, chapter 6, part 7, or successor provisions as amended or as provided in Utah Code Annotated, except, in addition to the Act requirements, the following is also required:
1. To be wholly located on the licensed premises of a recreational amenity and shall not be allowed on the premises of a facility adjoining the licensed premises of a recreational amenity;
2. Any room where alcohol is served or consumed shall be clearly visible to the recreation area and shall be open for use by the patrons including minors; and
3. All beer shall be served in containers that are readily identifiable as beer containers such as a clear glass or pitcher or the beer’s original container.
PACKAGE AGENCY: Any person permitted under a contractual agreement with the Utah Department of Alcoholic Beverage Control to sell alcoholic products for consumption off the licensed premises of the agency as provided in Utah Code Annotated, chapter 32B-2, part 6, or successor provisions as amended or as provided in Utah Code Annotated, except, in addition to the Act requirements, the following is also required:
1. For an off-premises retail facility with the following conditions:
a. Shall be in a hotel with not less than sixty (60) guestrooms and at least one thousand (1,000) square feet of function space, consisting of meeting and/or dining rooms that can be reserved for private use under a banquet contract and be able to accommodate a minimum of seventy-five (75) people;
b. The retail space for the package agency shall be at least one thousand (1,000) square feet; and
c. The total annual gross retail receipts for the package agency off-premises retailer shall not be more than thirty percent (30%) of the total gross receipts for the hotel; or
2. Room service with the following conditions:
a. Shall be in a hotel with not less than sixty (60) guestrooms and at least one thousand (1,000) square feet of function space, consisting of meeting and/or dining rooms that can be reserved for private use under a banquet contract and be able to accommodate a minimum of seventy-five (75) people; and
b. The total annual gross room service alcohol receipts for the package agency retailer shall not be more than thirty percent (30%) of the total gross receipts for the hotel; or
3. An off-premises retail facility at a manufacturing facility licensed under Utah Code Annotated chapter 32B-11:
a. Shall be in the manufacturing facility and the retail space shall not be more than one thousand (1,000) square feet; and
b. The total annual gross retail receipts for the package agency off-premises retailer shall not be more than thirty percent (30%) of the total gross receipts of the manufacturing facility.
PERSON: Any individual, partnership, firm, corporation, association, business trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.
RECREATIONAL AMENITY: For purposes of issuing an on-premises beer retailer license that is not a tavern, “recreational amenity” is one (1) or more of the following or an activity substantially similar to one (1) of the following:
1. A pool parlor;
2. A bowling facility;
3. A golf course;
4. Miniature golf;
5. A golf driving range;
6. A tennis club;
7. A sports facility that hosts professional sporting events and has a seating capacity equal to or greater than six thousand five hundred (6,500); or
8. A concert venue that has a seating capacity equal to or greater than six thousand five hundred (6,500). (Ord. 2016-10-008, 10-27-2016; amd. Ord. 2019-01-005 § 2, 1-3-2019; Ord. 2020-08-006 § 2, 8-20-2020)