32B-9-305 (Effective 07/01/11) - Specific operational requirements for single event permit.
32B-9-305 (Effective 07/01/11). Specific operational requirements for single eventpermit.
(1) (a) In addition to complying with Section 32B-9-204, a single event permittee or aperson involved in the storage, sale, offer for sale, or furnishing of an alcoholic product at theevent shall comply with this section.
(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) a single 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 persons listed in this Subsection (1)(b);
(B) immediate revocation of the single event permit;
(C) forfeiture of a bond; or
(D) immediate seizure of an alcoholic product present at the event; and
(ii) if the single event permit is revoked, disqualifies the single event permittee fromapplying for a single event permit or temporary beer event permit for a period of three years fromthe date of revocation of the single event permit.
(c) An alcoholic product seized under this Subsection (1) shall be returned to the singleevent permittee after an event if forfeiture proceedings are not instituted under Section32B-4-206.
(2) (a) A single event permittee shall make and maintain an expense and revenue ledgeror record showing:
(i) expenditures made for:
(A) liquor;
(B) beer;
(C) set-ups; and
(D) an ingredient or component of an alcoholic product other than a set-up; and
(ii) the revenue from the sale of an alcoholic product.
(b) Section 32B-1-205 applies to a record required to be made or maintained inaccordance with this Subsection (2).
(3) A single event permittee shall purchase liquor stored, sold, offered for sale, furnished,or consumed at an event from a state store or package agency.
(4) (a) A single event permittee may not sell, offer for sale, or furnish a primaryspirituous liquor in a quantity that exceeds 1.5 ounces per beverage, except that additionalspirituous liquor may be used in a beverage if:
(i) used as a secondary flavoring ingredient;
(ii) used in conjunction with the primary spirituous liquor;
(iii) the secondary ingredient is not the only spirituous liquor in the beverage;
(iv) a patron has no more than 2.5 ounces of spirituous liquor at a time before the patron;and
(v) a patron has no more than one spirituous liquor drink at a time before the patron.
(b) Spirituous liquor need not be dispensed through a calibrated metered dispensingsystem.
(5) (a) A single event permittee may sell, offer for sale, or furnish wine by the glass or anindividual portion, except that a glass or individual portion may not exceed five ounces.
(b) A single event permittee may furnish an individual portion served to a patron in morethan one glass if the total amount of wine does not exceed five ounces.
(c) An individual portion of wine is considered to be one alcoholic product underSubsection 32B-9-204(12).
(d) A single event permittee may sell, offer for sale, or furnish wine in a package notexceeding 1.5 liters at a price fixed by the commission.
(6) A single event permittee may sell, offer for sale, or furnish heavy beer in an originalpackage at a price fixed by the commission, except that the original package may not exceed oneliter.
(7) A single event permittee may sell, offer for sale, or furnish a flavored malt beveragein an original package at a price fixed by the commission, except that the original package maynot exceed one liter.
(8) (a) A single event permittee may sell liquor only at a price fixed by the commission.
(b) A single event permittee may not sell liquor at a discount price on any date or at anytime.
(9) A single event permittee may perform a service and assess a service charge asauthorized by commission rule for liquor purchased at an event.
Enacted by Chapter 276, 2010 General Session