File No. 33469
This rule was published in the April 15, 2010, issue (Vol. 2010, No. 8) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Notice of Proposed Rule
DAR File No.: 33469
Filed: 03/22/2010 04:11:38 PM
Purpose of the rule or reason for the change:
This rule amendment is filed to implement the Alcoholic Beverage Commission's (Commission) desire to deal with applicants possibly using single event permits in an attempt to avoid state retail alcohol licensing.
Summary of the rule or change:
The Commission is concerned with applicants using single event permits to avoid state retail alcohol licensing. To ensure compliance, the rule amendment clarifies the factors the Commission may consider when issuing single event permits.
State statutory or constitutional authorization for this rule:
- Section 32A-1-107
Anticipated cost or savings to:
the state budget:
None--This rule amendment clarifies the factors the Commission may consider when issuing single event permits. There are no costs or savings involved in this rule amendment.
None--Single event permits are issued by the Department of Alcoholic Beverage Control and not local governments.
None--Many of the applicants operate small businesses. The single event permit fees remain unchanged and should not affect small businesses. This rule amendment merely clarifies the factors the Commission may consider to ensure applicants are not attempting to avoid state retail alcohol licensing requirements.
persons other than small businesses, businesses, or local governmental entities:
None--There are no costs or savings for other persons as of result of this amendment because they do not apply for single event permits.
Compliance costs for affected persons:
None--Since the application fee remains unchanged, businesses should experience no additional compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
It has been the Commission's practice to consider the factors outlined in this rule amendment. There will not be a fiscal impact on businesses as the application fee remains unchanged.
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
1625 S 900 W
SALT LAKE CITY, UT 84104-1630
Direct questions regarding this rule to:
- Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Dennis Kellen, Director
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, the commission 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.
(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
(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
(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
(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: [
June 27, 2008]
Notice of Continuation: August 24, 2006
Authorizing, and Implemented or Interpreted Law: 32A-1-107
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/2010/b20100415.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 Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at firstname.lastname@example.org.