No. 38275 (Amendment): Rule R81-7. Single Event Permits

(Amendment)

DAR File No.: 38275
Filed: 01/31/2014 03:59:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is necessary to require a deadline for submission of applications, clarify that notice to law enforcement may include notice of preliminary approval and to make all applicants submit proof of adequate control measures to prevent over-service and service to minors.

Summary of the rule or change:

This rule amendment requires that applications be submitted at least seven business days in advance of the event to be considered, clarifies that notice to law enforcement may include notice of preliminary approval and requires all applicants to submit proof of adequate control measures to prevent over-service and service to minors.

State statutory or constitutional authorization for this rule:

• Section 32B-9-301
• Section 32B-9-204
• Section 32B-9-305
• Section 32B-9-304
• Section 32B-9-303
• Section 32B-9-302
• Section 32B-9-101
• Subsection 32B-2-202(1)
• Section 32B-9-102
• Section 32B-9-201
• Section 32B-9-202
• Section 32B-9-203

Anticipated cost or savings to:

the state budget:

None--The state budget will not be affected by this change. Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There is no impact to state budget as the amendment formalizes practices of the department.

local governments:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. Local consent is required by statute and this amendment does not impose additional requirements to local governments as the amendment formalizes practices of the department.

small businesses:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. Small businesses will have no additional costs or savings based on these changes as the amendment formalizes processes already in place by the department.

persons other than small businesses, businesses, or local governmental entities:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There will be no additional costs to permit applicants based on this change as the amendment formalizes processes already in place by the department.

Compliance costs for affected persons:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There will be no additional costs to permit applicants to comply with these changes as the amendment formalizes processes already in place by the department.

Comments by the department head on the fiscal impact the rule may have on businesses:

Amendments may have minimal impact on businesses as they now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types.

Salvador D. Petilos, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2014

This rule may become effective on:

03/24/2014

Authorized by:

Sal Petilos, Executive Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-7. Single Event Permits.

R81-7-1. Application Guidelines.

(1) A single event permit is issued to those who are conducting a convention, civic or community enterprise.

(a) "Conducting" means the conduct, management, control or direction of an event. The organization directly benefiting from the event, monetarily or otherwise, shall be deemed to be conducting the event.

(b) "Convention, civic or community enterprise" means a function that is in the nature of a temporary special event such as a social, business, religious, political, governmental, educational, recreational, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or community enterprise" generally is a gathering that brings members of a community together for the common good.

(2) An application for a single event permit application shall be considered for issuance of a single event permit when the requirements of Section 32B-1-304 and 32B-9-201, -203 and -304 have been met, and a completed application has been received by the department. Applications submitted less than 30 days to prior to the event risk non-issuance of a permit and the department will not consider an application submitted less than 7 business days prior to the event.

(a) Once received, the application will be considered in compliance with section 32B-9-202.

(b) All approvals, notifications, requests for meetings or requirements to inform under section 32B-9-202 shall be done electronically. For purposes of 32B-9-202(4), notice to law enforcement, the department may provide notice to law enforcement of the preliminary approval within three business days of the event, so long as law enforcement is notified if that approval does not become final.

(3) Pursuant to Section 32B-9-303, Subject to the requirements of 32B-9-202(2)(f)(g)and(h) and 32B-9-202(3)(a)(b)(c)and(d), the director may grant single event permits to a bona fide partnership, corporation, limited liability company, church, political organization, or incorporated association, and to each bona fide and recognized subordinate lodge, chapter or local unit of any qualifying parent entity. To be a "bona fide" and "recognized" subordinate or local entity, the applicant must have been in existence for at least one year prior to the date of the application and must furnish proof thereof.

(4) If the applicant is a bona fide incorporated association, corporation, or a separately incorporated subordinate lodge, chapter or local unit thereof, the applicant shall submit a copy of its certificate and articles of incorporation from the state, which reflect that the applicant has been in existence for at least one year prior to date of application.

(5) If the applicant is a bona fide limited liability company, the applicant shall submit a copy of its limited liability company certificate of existence from the state, which reflects that the applicant has been in existence for at least one year prior to date of application.

(6) If the applicant is a bona fide church, political organization, or recognized subordinate chapter or local unit thereof, the applicant shall submit proof of its tax exempt status as provided by the Internal Revenue Service.

(7) Any subordinate or local entity of a parent entity must also establish that it is duly "recognized" by the parent entity by providing written verification of its "recognized" status such as a letter from, or bylaws of the parent entity. The subordinate or local unit shall also furnish proof that the parent entity qualifies under sections (1), (2), (3), (4), and (5) of this rule. These requirements shall not apply in situations where the subordinate or local unit is separately incorporated.

(8) Single event permits are issued to state agencies, political subdivisions of the state, and organizations listed in Subsection (2) that are conducting a convention, civic or community enterprise. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requirement of state retail alcohol licensing.

To ensure compliance with [this ]Subsection [(7)]( 1 ),the director may consider factors such as:

(a) the purpose of the entity or organization;

(b) the nature and purpose of the event;

(c) the type of entertainment, if any, at the event;

(d) the location of the event;

(e) the frequency of events held at the same location;

(f) whether the location is government owned and operated; and

(g) the extent to which the event:

(i) benefits the community;

(ii) is held for charitable purposes; or

(iii) is held for the profit of the entity or organization.

(9) Calendar year is defined as January 1 through December 31.

(10) The single event permit bond, as required by Section 32B-9-304(3), shall not be released back to the single event permittee until the permittee provides to the department the required data regarding liquor purchases, sales, prices charged, and net profit generated at the event for which the single event permit was issued.

(11) If an organization or individual other than the one applying for the single event permit posts the $1,000 bond required by Section 32B-9-304(3), an affidavit must be submitted attesting that the $1,000 bond is for the permittee's compliance with the provisions of the Act and the commission rules, and that if a violation occurs at the single event, the bond may be forfeited.

(12) The director may authorize multiple sales outlets on different properties under one single event permit, provided that each site conforms to location requirements of Section 32B-9-201(4). The commission may authorize simultaneous sale and consumption hours at multiple sales outlets.

 

R81-7-2. Guidelines for Issuing Permits[ for Outdoor or Large-Scale Public Events].

(1) Purpose[. The sale of alcohol at outdoor public events such as street festivals, fairs, concerts, and rodeos poses special control issues for event organizers and law enforcement officials. Furthermore, the sale of alcohol at public events attended by large numbers of people, many of whom may be under the age of 21, also poses special control issues.] In deciding whether to issue a single event permit for such events, the director must be satisfied that sufficient controls will be in place to minimize the possibility of minors being sold or furnished alcohol or adults being over-served alcohol at the event. This rule identifies control measures that must be in place before the director will issue a single event permit[ for an outdoor or a large-scale public event]. However, this rule gives the director discretion not to require specific control measures under certain circumstances after considering the facts and circumstances of a particular event. The sale of alcohol at outdoor public events such as street festivals, fairs, concerts, and rodeos poses special control issues for event organizers and law enforcement officials. Furthermore, the sale of beer at public events attended by large numbers of people, many of whom may be under the age of 21, also poses special control issues. Applicants for outdoor or large scale events will need to address these issues in their application.

(2) Definitions.

(a) For purposes of this rule, "large-scale public event" includes any event that is open to the general public and the estimated attendance at the event is in excess of 1000 people.

(3) Authority. This rule is enacted under the authority of Sections 63G-3-201, 32B-2-202 and 32B-9-202 and -303.

(4) Policy.

(a) Before a single event permit will be issued by the director to allow the sale of alcoholic beverages at an outdoor or a large-scale public event, the following control measures must be present at the event:

(i) There must be at least one location at the event where those wanting to purchase alcoholic beverages must show proof of age and either have their hand stamped or be issued a non-transferable wristband.

(A) The proof of age location(s) shall be separate from the alcoholic beverage sales and dispensing location(s).

(B) Proof of age may be established by:

(I) a current valid driver's license that includes date of birth and has a picture affixed and is issued in this state under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of another state;

(II) a current valid identification card that includes date of birth and has a picture affixed issued by this state under Title 53, Chapter 3, Part 8, identification Card Act, or issued by another state that is substantially similar to this state's identification card;

(III) a current valid military identification that includes date of birth and has a picture affixed; or

(IV) a current valid passport.

(C) Any person assigned to check proof of age shall have completed the alcohol server-training seminar outlined in 62A-15-401.

(D) The use of hand stamps or issuance of wristbands does not relieve those selling and dispensing alcoholic beverages from asking for proof of age if they suspect a person attempting to purchase an alcoholic beverage is under the age of 21 years.

(ii) Alcoholic sales and dispensing location(s) shall be separate from food and non-alcoholic beverage concession locations. However, if the consumption of alcohol at the event is limited to a confined, restricted area such as a "beer garden", then alcoholic beverages, food and non-alcoholic beverages may be sold at the same sales locations within the confined, restricted area.

(iii) Alcoholic beverages shall be served in readily identifiable cups or containers distinct from those used for non-alcoholic beverages.

(iv) No more than two alcoholic beverages shall be sold to a customer at a time.

(v) At least one person who has completed the alcohol server training seminar outlined in 62A-15-401 shall be at each location where alcoholic beverages are sold and dispensed to supervise the sale and dispensing of alcoholic beverages.

(vi) If minors may attend the event, all dispensing and consumption of alcoholic beverages shall be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian, and where alcohol consumption may be closely monitored.

(b) Notwithstanding Subsection (a), the director, after reviewing the facts and circumstances of a particular outdoor or large-scale public event, has the discretion to relax any of the control measures outlined in Subsection (a) above.

(c) After reviewing the facts and circumstances of the outdoor or large-scale public event, the director has the discretion to require additional control measures as a condition of issuing a single event permit. These can include but are not limited to the following:

(i) Placing limits on the variety of alcoholic beverages served at the event.

(ii) Requiring that alcoholic beverages be distinguishable in appearance from non-alcoholic beverages.

(iii) Requiring a certain minimum number of law enforcement and/or security personnel at the event.

(5) Procedure. The following procedure shall govern applications for single event permits for outdoor or large-scale public events:

(a) In addition to providing a description of the times, dates, location, nature and purpose of the event, the applicant shall include in the single event permit application a summary of all control measures that will be taken at the event to reduce the possibility of minors being furnished alcohol and adults being over-served alcohol at the event.

(b) Department staff shall provide this information to the director prior to the director's consideration of the single event permit application.

(c) The director shall review the application to determine if all statutory requirements are in place, to determine if all controls listed in Subsections (4)(a)(i) through (vi) are in place, to consider any request to waive any of the controls listed in Subsections (4)(a)(i) through (vi), and to assess whether any additional control measures such as those listed in Subsection (4)(c) should be required prior to issuing the single event permit.

 

R81-7-3. Price Lists.

(1) A single event permittee shall have a printed alcoholic beverage price list available for inspection containing prices of mixed drinks, wine, beer, and heavy beer. The list shall include any charges for the service of packaged wines or heavy beer, and any service charges for the supply of glasses, chilling, or wine service.

(2) The permittee or an employee of the licensee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the event premises.

 

KEY: alcoholic beverages, single event permits

Date of Enactment or Last Substantive Amendment: [July 1, 2012]2014

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: [32A-1-107]32B-2-202(1); 32B-9-101; 32B-9-102; 32B-9-201; 32B-9-202; 32B-9-203; 32B-9-204; 32B-9-301 32B-9-302; 32B-9-303; 32B-9-304; 32B-9-305

 

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