An Ordinance of Fillmore City, Utah amending the Fillmore City Municipal Code, Title 3, Chapter 2, Alcoholic Beverages, generally, including but not limited to the addition of a defined term for alcoholic beverages and Class B and C licenses: ORDINANCE NO. 24-24   AN ORDINANCE OF FILLMORE CITY, UTAH AMENDING THE FILLMORE CITY MUNICIPAL CODE, TITLE 3, CHAPTER 2, ALCOHOLIC BEVERAGES, GENERALLY, INCLUDING BUT NOT LIMITED TO THE ADDITION OF A DEFINED TERM FOR ALCOHOLIC BEVERAGES AND CLASS B AND C LICENSES.               The City Council of the City of Fillmore, Utah, (referred to herein as the “City Council”), states the following as the basis for enacting this ordinance:   RECITALS   WHEREAS, Fillmore City (“City”) is an incorporated municipality duly organized under the laws of the State of Utah;   WHEREAS, the City is authorized pursuant to Utah Code Annotated, Title 10, Chapter 8 to fix the amount, terms and manner of issuing licenses;   WHEREAS, the City is authorized pursuant to Utah Code Annotated, Title 10, Chapter 1 to license for the purpose of regulating any business within the limits of the City by ordinance and imposing fees on businesses to recover the City’s costs of regulation;   WHEREAS, there are presently various businesses operating in the City limits;   WHEREAS, on November 13, 2024 the Planning Commission conducted a public hearing on the proposed amendments, after publishing notice as required by law, and there allowed the opportunity for public comments related to the proposed ordinance amendments.   WHEREAS, The Planning Commission has recommended the City Council amend its City Municipal Code to define “Alcoholic Beverages” and amend Class B and C beer licenses to Alcoholic Beverage licenses.   WHEREAS, on December 3, 2024, the City Council conducted a public hearing on the proposed comments related to the proposed ordinance amendments, including the Alcoholic Beverage licensing classes as recommended by the Planning Commission and business licensing requirements for such.   WHEREAS, The City Council has now considered the matter and has found the changes to be in the best interest of Fillmore City and its residents by promoting the health, safety and general welfare of the City and has determined to adopt the Planning Commission’s recommendation as set forth herein.   WHEREAS, Further, the Utah State Legislature has granted general welfare power to the City Council, which enables the City to pass ordinances as are necessary and proper to provide for the safety, promote the prosperity, improve the peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City.   WHEREAS, Pursuant to Utah Code Ann. § 10-1-203, a municipality may license for the purpose of regulation and revenue any business within the limits of the municipality and may regulate that business by ordinance.   WHEREAS, the City anticipates that the growth in tourism in the area and the population growth in Millard County will cause other entrepreneurs and business owners to take interest in opening or operating a business in the corporate limits of the City;   WHEREAS, in order to provide for the health, safety and general welfare of the City and its residents by appropriately regulating businesses operating within the corporate limits of the City, the City, acting by and through the City Council, desires to amend Fillmore City Municipal Code Title 3, Chapter 2 Alcoholic Beverages.   NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FILLMORE, UTAH:   SECTION 1: Adoption of Recitals. The recitals set forth above are hereby adopted and incorporated into this ordinance be reference.   SECTION 2: Amendment of Fillmore City Municipal Code, Title 3, Chapter 2, Alcoholic Beverages. The Fillmore City Municipal Code Title 3, Chapter 2, Alcoholic Beverages, is hereby amended as attached, to be incorporated herein.   SECTION  3: Continuing Effect of Fillmore City Municipal Code. Except as specifically amended hereby, all terms, provisions and conditions set forth in Title 10 of the Fillmore City Municipal Code shall remain and continue in full force and effect.   SECTION 4: Effective Date. This ordinance shall become effective upon publication.   SECTION 5: Publication. This ordinance or a summary thereof is ordered published in accordance with Utah Code Ann. § 10-3-711, as a class A notice under Section 63G-30-102.   SECTION 6: Severability. If any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction, this ordinance shall be deemed severable, and such finding of invalidity shall not affect the remaining portions of this ordinance.   SECTION 7: Conflicting Ordinances. To the extent that any ordinances, resolutions, or policies of Fillmore City conflict with the provisions of this ordinance, they are hereby amended to be in accordance with the provisions hereof.