File No. 33504
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.: 33504
Filed: 03/24/2010 02:52:42 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 temporary special event beer permits in an attempt to avoid state retail alcohol licensing.
Summary of the rule or change:
The Commission is concerned with applicants using temporary special event beer permits to avoid state retail alcohol licensing. To ensure compliance, the rule amendment clarifies the factors the Commission may consider when issuing temporary special event beer 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 temporary special event beer permits. There are no costs or savings involved in this rule amendment.
None--Temporary special event beer permits are issued by the Department of Alcoholic Beverage Control and not local governments.
None--Many of the applicants operate small businesses. The temporary special event beer 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 a result of this amendment because they do not apply for temporary special event beer 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.
R81-10B. Temporary Special Event Beer Permits.
R81-10B-1. Application Guidelines.
(1) A temporary special event beer permit application shall be included in the agenda of the monthly commission meeting for consideration for issuance of the permit, when the requirements of 32A-10-302, -303, and -305 have been met, and a completed application has been received by the department.
(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)](a) The temporary special event
permit bond, as required by Section 32A-10-305,
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 commission rules, and that if a violation occurs at the event, the bond may be forfeited.
(4)] The commission 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 32A-10-301. 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]
Notice of Continuation: July 31, 2008
Authorizing, Implemented, or Interpreted Law: 32A-1-107; 32A-10
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.