Nephi City Council approve amendment to city ordinance regarding beer licenses

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By Myrna Trauntvein
TN Correspondent

Cody’s Gastro Garage, a restaurant in Nephi, recently contacted the city about receiving a beer license to allow him to sell beer at his establishment even on Sunday.

“The state allows local governments to enact regulations regarding the sale of beer in their community,” said Seth Atkinson, city administrator.

This restaurant has requested a Class C and D beer license to accompany a liquor license that will be issued by the State of Utah in preparation for a full-service bar in the restaurant, he said.

The state is in control of liquor sales in the state. Under those regulations, restaurants can serve alcohol from 11:30 a.m. to 11:59 p.m. during weekdays, and from 10:30 a.m. to 11:59 p.m. on weekends. Liquor, wine, and beer are available at licensed restaurants and bars seven days a week.

Alcoholic beverage service in a licensed restaurant requires that food be ordered with your drink, and that it be delivered by an authorized employee.

Beer may also be purchased in establishments that have a “beer only” type license. These include taverns, beer bars, some restaurants or cafes, snack bars, and etc.

Beer service in a tavern or bar does not require that the patron order food. Persons under the age of 21 years may not be on the premises of certain “beer only” establishments.

“When the owner of the restaurant was examining the restrictions for a Class C and D beer license in the code, it was noted that there were some unusual restrictions regarding beer sales on Sundays,” said Atkinson.

Specifically Nephi City Code says in 3.2.10 Restrictions, M. Sunday Sales Prohibited:

“It shall be unlawful for any person having a class B or class C license for the sale of beer to sell, barter, distribute, give away, exchange, dispense or serve beer on the first day of the week commonly known as “Sunday,” except on the date of December 31, when such day falls on a Sunday. On Sunday, December 31, beer may be sold from the hours of 7 p.m. until a.m.

“Notwithstanding the provisions of subsection M1 of this section, private clubs licensed by the state or restaurants licensed by the state for the sale of liquor may serve beer on a maximum of ten Sundays for any given calendar year. Such ten days shall be approved in advance in writing by the chief of police.

“It shall be unlawful for any private club or restaurant license to sell beer on any Sunday without the expressed written approval of the police chief.”

“The restaurant owner would like to request that these code items be reviewed by the council and specifically that the limit to the number of Sundays that beer can be served be removed from the code,” said Atkinson.

He said that the request for a change in the code was more of a moral question for the council so there was no staff recommendation.

“However, it should be noted that under the state liquor laws, liquor drinks can be served at a bar on Sundays if the restaurant establishment adheres to the state law governing those beverages,” he said.

“After feedback from the city council during work session two weeks ago, the city staff has prepared an ordinance that would remove these Sunday restrictions for beer sales from the code.”

“The state governs the sale of alcohol,” said Skip Worwood, mayor pro temper. “There are many places that can sell beer any day of the week--such as convenience stores and service stations. They can sell beer and they do.”

Travis Worwood, council member, said that the restaurant had more control on consumption than the convenience store. A restaurant can only sell alcohol with food consumption and a drink at a time. Bartenders are required by state law to limit the amount of hard liquor in mixed drinks to 2.5 ounces total.

There is nothing in the law forbidding a patron from buying a case of beer at a convenience or grocery store and taking it off premises and consuming it all, he said.

“How hard is it to keep control of sale of alcohol when it is allowed just 10 Sundays a year?” asked Jeramie Callaway, council member. “The chief would have to check on every restaurant with a beer license each Sunday to find out if they were selling beer and if they were exceeding their 10-Sunday limit.”

S. Worwood said he did not think that Nephi residents who were protesting the sale of beer on Sundays realized that it was already allowed it was just limited to 10 Sundays a year at restaurants. The Sunday was selected by the business owner and approved by the police chief.

It was an antiquated ordinance, he said.

T. Worwood said he hoped people would realize that the state set the hard liquor laws.

Most grocery stores and convenience stores sell beer below 5 percent seven days a week (even on Sundays). Package agencies in rural areas of the state are licensed to sell a selection of beer, wine and spirits.

Those looking for higher ABV (Alcohol by Volume) beer, wine and liquor, head to any of the 50 plus DABS (Department of Alcoholic Beverage Services) State Stores across the state. State stores are open Monday-Saturday and generally from 11 a.m. to 7 p.m. or 10 p.m. It is true that they are not open on Sunday but 5 percent ABV beer can be sold at many locations.

Utah has the strictest DUI limit in the country (.05 percent). The law applies to vehicles and bicycles.

Shari Cowan, council member, made the motion to approve Ordinance 11-19-2024 - Beer License Amendments and Callaway made the second. By roll call vote, all voted in favor.