32B-9-204 (Effective 07/01/11) - General operational requirements for an event permit.
32B-9-204 (Effective 07/01/11). General operational requirements for an eventpermit.
(1) (a) An event permittee and a person involved in the storage, sale, offer for sale, orfurnishing of an alcoholic product at an event for which an event permit is issued, shall complywith this title and rules of the commission.
(b) Failure to comply as provided in Subsection (1)(a):
(i) may result in:
(A) disciplinary action in accordance with Chapter 3, Disciplinary Actions andEnforcement Act, against:
(I) an event permittee;
(II) a person involved in the storage, sale, offer for sale, or furnishing of an alcoholicproduct at the event; or
(III) any combination of the persons listed in this Subsection (1)(b);
(B) immediate revocation of the event permit;
(C) forfeiture of a bond; or
(D) immediate seizure of an alcoholic product present at the event; and
(ii) if the event permit is revoked, disqualifies the event permittee from applying for anevent permit for a period of three years from the date of revocation of the event permit.
(c) An alcoholic product seized under this Subsection (1) shall be returned to the eventpermittee after an event if forfeiture proceedings are not instituted under Section 32B-4-206.
(2) (a) If there is a conflict between this part and the relevant part under this chapter forthe specific type of special use permit held by the special use permittee, the relevant part governs.
(b) Notwithstanding that this part may refer to "liquor" or an "alcoholic product," anevent permittee may only sell, offer for sale, or furnish an alcoholic product specified in therelevant part under this chapter for the type of event permit that is held by the event permittee.
(c) Notwithstanding that this part or the relevant part under this chapter for the type ofevent permit held by an event permittee refers to "event permittee," a person involved in thestorage, sale, offer for sale, or furnishing of an alcoholic product at the event for which the eventpermit is issued is subject to the same requirement or prohibition.
(3) An event permittee shall display a copy of the event permit in a prominent place inthe area in which an alcoholic product is sold, offered for sale, furnished, and consumed.
(4) An event permittee may not on the premises of the event:
(a) engage in or allow any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(5) An event permittee may not knowingly allow a person at an event to, in violation ofTitle 58, Chapter 37, Utah Controlled Substances Act, or Chapter 37a, Utah Drug ParaphernaliaAct:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.
(6) An event permittee may not sell, offer for sale, or furnish beer except beer purchasesfrom:
(a) a beer wholesaler licensee;
(b) a beer retailer; or
(c) a small brewer.
(7) An event permittee may not store, sell, offer for sale, furnish, or allow theconsumption of an alcoholic product purchased for an event in a location other than thatdescribed in the application and designated on the event permit unless the event permittee firstapplies for and receives approval from the commission for a change of location.
(8) (a) Subject to Subsection (8)(b), an event permittee may sell, offer for sale, or furnishbeer for on-premise consumption:
(i) in an open original package; and
(ii) in a package on draft.
(b) An event permittee may not sell, offer for sale, or furnish beer sold pursuant toSubsection (8)(a):
(i) in a size of package that exceeds two liters; or
(ii) to an individual patron in a size of package that exceeds one liter.
(9) (a) An event permittee may not sell or offer for sale an alcoholic product at less thanthe cost of the alcoholic product to the event permittee.
(b) An event permittee may not sell or offer for sale an alcoholic product at a price thatencourages over consumption or intoxication.
(c) An event permittee may not sell or offer for sale an alcoholic product at a special orreduced price for only certain hours of the day of an event.
(d) An event permittee may not sell, offer for sale, or furnish more than one alcoholicproduct at the price of a single alcoholic product.
(e) An event permittee may not engage in a public promotion involving or offering a freealcoholic product to the general public.
(10) An event permittee may not sell, offer for sale, or furnish an alcoholic product to:
(a) a minor;
(b) a person actually, apparently, or obviously intoxicated;
(c) a known interdicted person; or
(d) a known habitual drunkard.
(11) (a) An alcoholic product is considered under the control of the event permitteeduring an event.
(b) A patron at an event may not bring an alcoholic product onto the premises of theevent.
(12) An event permittee may not permit a patron to carry from the premises an openpackage that:
(a) is used primarily for drinking purposes; and
(b) contains an alcoholic product.
(13) (a) A person involved in the storage, sale, or furnishing of an alcoholic product at anevent is considered under the supervision and direction of the event permittee.
(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product at
an event may not, while on duty:
(i) consume an alcoholic product; or
(ii) be intoxicated.
(14) A minor may not handle, sell, offer for sale, or furnish an alcoholic product at anevent.
(15) The location specified in an event permit may not be changed without prior writtenapproval of the commission.
(16) An event permittee may not sell, transfer, assign, exchange, barter, give, or attemptin any way to dispose of the event permit to another person whether for monetary gain or not.
(17) (a) An event permittee may not sell, offer for sale, furnish, or allow the consumptionof an alcoholic product during a period that:
(i) begins at 1 a.m.; and
(ii) ends at 9:59 a.m.
(b) This Subsection (17) does not preclude a local authority from being more restrictivewith respect to the hours of sale, offer for sale, furnishing, or consumption of an alcoholicproduct at an event.
(18) A patron may have no more than one alcoholic product of any kind at a time beforethe patron.
Enacted by Chapter 276, 2010 General Session