No. 39474 (Change in Proposed Rule): Rule R81-7. Single Event Permits

DAR File No.: 39474
Filed: 08/28/2015 12:33:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this repeal is to combine administrative rules related to event permits into one rule to bring the administrative rules in line with statutory provisions of Title 32B, Chapter 9, Event Permit Act, which contains provisions for both temporary beer and single event permits. The purpose of this amendment is to make changes to the rule as requested by the administrative rules committee. Additionally, the rule has been redrafted to clarify language and reference statutory authority. Changes to the proposed rule are based on public comment.

Summary of the rule or change:

Changes to the proposed rule are based on public comment and include: 1) general formatting; 2) allowance for late applications received less than a month prior to the event; 3) consideration of violation history if there are violations within the last 36 months; 4) requires server training to be completed within the last three years; and 5) requires the director to make certain findings prior to relaxing controls for an event. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed repeal and reenactment that was published in the July 15, 2015, issue of the Utah State Bulletin, on page 14. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed repeal and reenactment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Title 32B, Chapter 9
• Subsection 32B-2-202(1)

Anticipated cost or savings to:

the state budget:

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. There are no anticipated costs or savings as the department's responsibilities remain the same.

local governments:

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. There are no anticipated cost or savings to local government.

small businesses:

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. There are no anticipated cost or savings to small businesses. Any additional cost or savings to small businesses would result from a business' decision related to control measures for an event or a requirement to increase control measures to minimize the likelihood of service to minors and service to intoxicated individuals based on totality of the circumstances.

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

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. There are no anticipated cost or savings to persons other than small business, businesses, or local government entities. Any additional cost or savings to small businesses would result from a business' decision related to control measures for an event or a a requirement to increase control measures to minimize the likelihood of service to minors and service to intoxicated individuals based on totality of the circumstances.

Compliance costs for affected persons:

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. Any compliance cost for affected persons would result from a business' decision related control measures for an event or a requirement to increase control measures to minimize the likelihood of service to minors and service to intoxicated individuals based on totality of the circumstances.

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

None--This amendment makes changes to the rule as requested by the administrative rules committee and to clarify language and reference statutory authority. Any fiscal impact that this rule may have on businesses would result from a business' decision related control measures for an event or a requirement to increase control measures to minimize the likelihood of service to minors and service to intoxicated individuals based on totality of the circumstances.

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]
• Andrew Hofeling at the above address, by phone at 801-977-6835, 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:

10/15/2015

This rule may become effective on:

10/22/2015

Authorized by:

Sal Petilos, Executive Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-7. Event Permits.

R81-7-1. Authority and Purpose.

(1) Pursuant to 32B-2-202(1)(c)(i) and (1)(n), this rule establishes procedures and criteria for issuing and denying event permits in accordance with 32B-9.

 

R81-7-2. Definitions.

(1) "Conducting" means the conduct, management, control or direction of an event. An applicant may be deemed to be conducting the event if there is a contract in which the applicant has been designated as the agent for the event's beverage service.

 

R81-7-[2]3 . Application Guidelines.

(1) A nevent permit application will not be submitted to the Director for consideration until the requirements of Section 32B-1-304, 32B-9-201-203, -304 (for single event permits) and -405 (for temporary beer event permits) have been met, including:

(a) A complete application including all documents and supplemental materials listed on the department's application checklist has been submitted to the department [7 business days]one month prior to the event; and

(b) The department has conducted an investigation in compliance with 32B-9-202(1)(a).

(2) Late applications will be accepted up to 7 business days prior to the event. Late applications will be reviewed as time allows and are not subject to the provisions in R81-7-4(1)(ii) and (iii) below.

 

R81-7-[3]4 . Guidelines for Issuing Permits.

(1) Once submitted to the director, the application will be considered in compliance with 32B-9-202 and 303 (for single event permits) and -403 (for temporary beer event permits), including consideration of R81- 7-5[(2) (for single event permits), (3) (4) and (5)] below.

(i) After consideration of the totality of the circumstances, the director will either issue a preliminary decision to issue or deny the event permit or refer the application to the commission in accordance with 32B-9-202(3).

(ii) If the director issues a preliminary decision to deny issuance of an event permit, the decision shall be provided in writing detailing the basis for the denial.

(iii) An applicant may submit a request for review by the commission within the time limits of 32B-9-202(3)(b) and (c) related to the three business day review period and regularly scheduled commission meetings. If at least three commissioners request review of the denial in compliance with 32B-9-202(3)(b) and (c), the commission shall review the request at their next regularly schedule commission meeting.

(2) In accordance with 32B-9-202(2)(d), 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).

(3) All approvals, notifications, requests for meetings or requirements to inform under section 32B-9-202 shall be done electronically.

(4) For purposes of 32B-9-202(4), 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.

 

R81-7-5. Additional Consideration for Event Permits.

[(2)](1) Additional Consideration for Single Event Permits: In accordance with 32B-9-303(2), a single event permit is issued to entities in existence for a year or more conducting a convention, civic or community enterprise.

[(a) "Conducting" means the conduct, management, control or direction of an event. An applicant may be deemed to be conducting the event if there is a contract in which the applicant has been designated as the agent for the event's beverage service.

] [(3)](a) As part of local consent required by 32B-9-201(1)(c), the locality may provide a recommendation as to whether the entity is conducting a civic or community enterprise.

(b) The director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise.

(c) Notwithstanding subsection[s] [(a)](1), an event permit will not be issued if, based on the totality of the circumstances, it is determined that the permit is being used to circumvent other applicable requirements of 32B-9 Event Permit Act[,].

(2) Violation History: In accordance with 32B-9-202(2)(d), in considering the nature of the event, [the director will consider the violation history for the last three years of the applicant, the event, and the venue where the event will be held.]if there is a violation of the applicant, the event, or the venue within the last 36 months, the director will consider violation history in making a determination regarding whether to issue the permit or in determining additional controls as outlined in section (3) below.

[(4)](3) Control Measures: In accordance with 32B-9-202(2)(d), in considering the nature of the event, the director must determine that adequate and appropriate control measures will be in place to minimize the possibility of minors being sold or furnished alcohol or adults being over-served alcohol at the event.

(a) Before an event permit may be issued by the director, the following control measures must be present at the event unless relaxed by the director in accordance with section (c) below.

(i) There must be at least one location at the event where those wanting to purchase alcoholic beverages must show proof of age;

(ii) Any person assigned to check proof of age shall have completed the alcohol server training seminar outlined in 62A-15-401 in the last three years;

(iii) 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;

(iv) The event shall be properly secured and completely delineated by some type of physical structure(s), such as fencing, walls, gates and secured entry and exits; and

(v) A minimum of one (1) security person for every fifty (50) people estimated to be in the consumption area at one time: security may include police officers, hired security, organization staff members and security volunteers.

(b) In accordance with 32B-9-202(2)(e), the following additional control measures must be present for an outdoor pubic event or a large-scale public event where minors are present, unless relaxed by the director in accordance with section (c) below.

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

(ii) 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;

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

(iv) The proof of age location(s) will either issue a hand stamp and/or non-transferable wristband.

(c) The director, after reviewing the facts and circumstances of a particular event, has the discretion to relax any of the control measures outlined in Subsection (a) and (b) above or to require additional control measures as a condition of issuing an event permit provided that the director has first reasonably determined that such modification will not increase the likelihood of minors being sold or furnished alcohol or adults being over-served alcohol at the event.

[(5) In accordance with 32B-9-202(2)(d), 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).

(6) All approvals, notifications, requests for meetings or requirements to inform under section 32B-9-202 shall be done electronically.

(7) For purposes of 32B-9-202(4), 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.

]

KEY: alcoholic beverages, event permits

Date of Enactment or Last Substantive Amendment: 2015

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 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; 32B-9-401; 32B-9-402; 32B-9-403; 32B-9-404; 32B-9-405; 32B-9-406