DAR File No. 38276

Alcoholic Beverage Control, Administration

Rule R81-10b

Temporary Beer Event Permits

Notice of Proposed Rule

(Amendment)

DAR File No.: 38276
Filed: 01/31/2014 04:00:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is necessary to require a deadline for submission of applications, clarify that notice to law enforcement may include notice of preliminary approval, and to make all applicants submit proof of adequate control measures to prevent over-service and service to minors.

Summary of the rule or change:

This rule amendment requires that applications be submitted at least seven business days in advance of the event to be considered, clarifies that notice to law enforcement may include notice of preliminary approval, and requires all applicants to submit proof of adequate control measures to prevent over-service and service to minors.

State statutory or constitutional authorization for this rule:

• Section 32B-9-101
• Section 32B-9-204
• Section 32B-9-203
• Section 32B-9-405
• Section 32B-9-404
• Section 32B-9-403
• Section 32B-9-401
• Subsection 32B-2-202(1)
• Section 32B-9-406
• Section 32B-9-102
• Section 32B-9-201
• Section 32B-9-202
• Section 32B-9-402

Anticipated cost or savings to:

the state budget:

None--The state budget will not be affected by this change. Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There is no impact to state budget as the amendment formalizes practices of the department.

local governments:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. Local consent is required by statute and this amendment does not impose additional requirements to local governments as the amendment formalizes practices of the department.

small businesses:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. Small businesses will have no additional costs or savings based on these changes as the amendment formalizes processes already in place by the department.

persons other than small businesses, businesses, or local governmental entities:

None--Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There will be no additional costs to permit applicants based on this change as the amendment formalizes processes already in place by the department.

Compliance costs for affected persons:

Amendments will now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types. There will be no additional costs to permit applicants to comply with these changes as the amendment formalizes processes already in place by the department.

Comments by the department head on the fiscal impact the rule may have on businesses:

Amendments may have minimal impact on businesses as they now require the submission of an application by a certain date, formalize practice regarding notice to law enforcement, and expand applicability of proof for adequate control measures to prevent over-service and service to minors to all event types.

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 Control
Administration
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 nmcdermott@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:

03/17/2014

This rule may become effective on:

03/24/2014

Authorized by:

Sal Petilos, Executive Director

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[ for Outdoor or Large-Scale Public Events.]

(1) Purpose.[  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.] 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[ for an outdoor or a large-scale public event.] 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: [July 1, 2012]2014

Notice of Continuation: July 11, 2013

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