Alcoholic Beverage Control, Administration

Section R81-10B-1

Application Guidelines

Notice of Proposed Rule

(Amendment)

DAR File No.: 33504
Filed: 03/24/2010 02:52:42 PM

RULE ANALYSIS

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.

local governments:

None--Temporary special event beer permits are issued by the Department of Alcoholic Beverage Control and not local governments.

small businesses:

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
Administration
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 vickieashby@utah.gov

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:

05/17/2010

This rule may become effective on:

05/24/2010

Authorized by:

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) Pursuant to 32A-10-301, 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 32A-10-201. To ensure compliance with this Subsection (3), the commission 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.

[(3)](4)(a) The temporary special event beer 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)](5) 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] 2010

Notice of Continuation: July 31, 2008

Authorizing, Implemented, or Interpreted Law: 32A-1-107; 32A-10