DAR File No. 39475
This rule was published in the July 15, 2015, issue (Vol. 2015, No. 14) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Rule R81-10B
Temporary Beer Event Permits
Notice of Proposed Rule
(Repeal)
DAR File No.: 39475
Filed: 06/29/2015 05:35:42 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.
Summary of the rule or change:
This rule will be replaced with a reenacted Rule R81-7, Event Permits. The new Rule R81-7 will combine Rule R81-7, Single Event Permits, and Rule R81-10B, Temporary Beer Permits, to bring the administrative rules in line with statutory provision of Title 32B, Chapter 9, which contains provisions for both types of event permits. The proposed reenacted Rule R81-7 will: 1) require complete permit applications to be submitted within seven business days in advance of the event and allows flexibility for the department to update application requirements as the need arises; 2) provide provisions for the director to consider the recommendation from the locality regarding whether a single event permit applicant is conducting a civic or community enterprise; 3) require the director to review the totality of the circumstances to determine if permit should be issued - including whether permits are being used to circumvent previsions of Title 32B, Chapter 9, and violation history of the applicant, the event and venue of the event; 4) require that the director detail any denial in writing and allows the applicant to request review by the commission if the application is denied; and 5) streamline control measures required for events. This rule is repealed in its entirety. (DAR NOTE: the proposed repeal and reenactment of Rule R81-7 is under DAR No. 39474 in this issue, July 15, 2015, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Subsection 32B-2-202(1)
- Title 32B, Chapter 9
Anticipated cost or savings to:
the state budget:
None--This repeal helps combine rules for temporary beer event permits with single event permits; there are no anticipated cost or savings as the department's responsibilities remain the same.
local governments:
None--This repeal helps combine rules for temporary beer event permits with single event permits; there are no anticipated cost or savings to local government.
small businesses:
None--This repeal helps combine rules for temporary beer event permits with single event permits; there are no anticipated cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
None--This repeal helps combine rules for temporary beer event permits with single event permits; there are no anticipated cost or savings to persons other than small business, businesses, or local government entities.
Compliance costs for affected persons:
None--This repeal helps combine rules for temporary beer event permits with single event permits; there are no anticipated compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
None--This repeal helps combine rules for temporary beer event permits with single event permits and therefore does not have a fiscal impact on businesses.
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 ControlAdministration
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 [email protected]
- Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at [email protected]
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:
08/14/2015
This rule may become effective on:
08/21/2015
Authorized by:
Sal Petilos, Executive Director
RULE TEXT
R81. Alcoholic Beverage Control, Administration.
[R81-10B. Temporary Beer Event Permits.
R81-10B-1. Application Guidelines.
(1) A temporary special event beer permit application
shall be considered for issuance of the permit, when the
requirements of 32B-1-304 and 32B-9-201, -203 and -405 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.
(2) The sale of beer under a series of permits issued to
the same person may not exceed a total of 90 days in any one
calendar year. "Calendar year" means January 1 through
December 31.
(3) Pursuant to 32B-9-403, a temporary special event beer
permit may be issued to a person for the sale of beer for
on-premise consumption at a temporary special event that does not
last longer than 30 days. The sale of beer under a series of
permits issued to the same person may not exceed a total of 90
days in any one calendar year. However, temporary special event
beer permit may not be issued or obtained for the purpose of
avoiding or attempting to avoid the requirement of obtaining a
state on-premise beer license under 32B-9-403. To ensure
compliance with this Subsection (3), the director may consider
factors such as:
(a) the purpose of the entity or organization;
(b) the nature and purpose of the event;
(c) whether the event is a convention, community or civic
enterprise;
(d) the type of entertainment, if any, at the
event;
(e) the location of the event;
(f) the frequency of events held at the same
location;
(g) whether the location is government owned and
operated; and
(h) 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.
(4)(a) The temporary special event beer permit bond, as
required by Section 32B-9-405(3), shall not be released back to
the permittee sooner than 30 days following the event.
(b) If an organization or individual other than the one
applying for the permit posts the bond, an affidavit must be
submitted attesting that the bond is for the permittee's
compliance with the provisions of the Act and the director rules,
and that if a violation occurs at the event, the bond may be
forfeited.
(5) The director may authorize multiple sales outlets on
different properties under one temporary special event beer
permit, provided that each site conforms to location requirements
of Section 32B-9-201(4). The director may authorize simultaneous
sale and consumption hours at multiple sales outlets.
R81-10B-2. Guidelines for Issuing Permits.
(1) Purpose. In deciding whether to issue a temporary
special event beer 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 beer or adults
being over-served beer at the event. This rule identifies control
measures that must be in place before the director will issue a
temporary special event beer permit. 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 -403.
(4) Policy.
(a) Before a temporary special event beer permit will be
issued by the director to allow the sale of beer 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 beer 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 beer 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
63A-15-401.
(D) The use of hand stamps or issuance of wristbands does
not relieve those selling and dispensing beer from asking for
proof of age if they suspect a person attempting to purchase beer
is under the age of 21 years.
(ii) Beer sales and dispensing location(s) shall be
separate from food and non-alcoholic beverage concession
locations. However, if the consumption of beer at the event is
limited to a confined, restricted area such as a "beer
garden", then beer, food and non-alcoholic beverages may be
sold at the same sales locations within the confined, restricted
area.
(iii) Beer shall be served in readily identifiable cups
or containers distinct from those used for non-alcoholic
beverages.
(iv) No more than two beers 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 beer is sold and dispensed to supervise the sale
and dispensing of beer.
(vi) If minors may attend the event, all dispensing and
consumption of beer shall be in a designated, confined, and
restricted area where minors are not allowed without being
accompanied by a parent or guardian, and where beer 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 temporary special event beer permit. These can
include but are not limited to the following:
(i) Requiring that beer products be distinguishable in
appearance from non-alcoholic beverages.
(ii) Requiring a certain minimum number of law
enforcement and/or security personnel at the event.
(5) Procedure. The following procedure shall govern
applications for temporary special event beer 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 permit application a summary of all control
measures that will be taken at the event to reduce the
possibility of minors being furnished beer and adults being
over-served beer at the event.
(b) Department staff shall provide this information to
the director prior to the director's consideration of the
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 permit.
R81-10B-3. Price Lists.
(1) A temporary special event beer event permittee shall
have a printed price list or menu available for inspection
containing beer prices.
(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, temporary beer event permits
Date of Enactment or Last Substantive Amendment: March 25, 2014
Notice of Continuation: July 11, 2013
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-9-401; 32B-9-402; 32B-9-403; 32B-9-404; 32B-9-405; 32B-9-406]
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [email protected]; Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.