No. 31332 (Amendment): R81-7-1. Application Guidelines

DAR File No.: 31332
Filed: 04/30/2008, 12:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is proposed to implement changes in the laws resulting from the passage of S.B. 165 (2008). (DAR NOTE: S.B. 165 (2008) is found at Chapter 108, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

S.B. 165 created a new type of Single Event Permit that allows for the granting of more permits for events of shorter duration in addition to the permits already authorized. This proposed rule amendment merely makes the application guidelines for applying for these permits less specific to accommodate for the new permit type.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--The fee for the new Single Event Permit type will be the same as the fee for the permits currently being issued. It is anticipated that the new permit type will not expend more or fewer Department of Alcoholic Beverage Control (DABC) staff man-hours and, therefore, will not affect the state's budget.

local governments:

None--Single Event permits are issued by DABC and not local governments.

small businesses and persons other than businesses:

Many applicants of Single Event Permits operate small businesses. Since the application fee for the new type of permit is the same as for the original type of permit, these small businesses should experience no additional fiscal impact. Other persons will not be fiscally impacted by this amendment.

Compliance costs for affected persons:

Since the application fee for the new type of Single Event Permit is the same as for the original type of permit, businesses should experience no additional compliance costs.

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

The department is happy to comply with the new law. There is obviously a need for two types of Single Event Permit. The Department is pleased that this accommodation will not add to the cost of the permit. Dennis R. Kellen, 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:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, 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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

Dennis R. Kellen, Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-7. Single Event Permits.

R81-7-1. Application Guidelines.

(1) A single event permit application for the purpose of conducting a convention, civic or community enterprise, shall be included in the agenda of the monthly commission meeting for consideration for issuance of a single event permit, when the requirements of Section 32A-7 have been met, and a completed application has been received by the department. "Conducting" as used herein 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.

(2) Pursuant to Section 32A-7-101[(1) and (3)], the commission may grant [four ]single event permits [within a calendar year ]to [each]a bona fide partnership, corporation, limited liability company, church, political organization, or incorporated association[. The commission may also grant four single event permits within a calendar year], 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

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

(8) The single event permit bond, as required by Section 32A-7-105, 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.

(9) If an organization or individual other than the one applying for the single event permit posts the $1,000 bond required by Section 32A-7-105, 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.

(10) The commission may authorize multiple sales outlets on different properties under one single event permit, provided that each site conforms to location requirements of Section 32A-7. The commission may authorize simultaneous sale and consumption hours at multiple sales outlets.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [August 1, 2003]2008

Notice of Continuation: August 24, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107