R81-7-5. Additional Consideration for Event Permits

  (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) 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 (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, 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.

  (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 public 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.