32A-7-106 (Repealed 07/01/11) - Operational restrictions.
32A-7-106 (Repealed 07/01/11). Operational restrictions.
(1) (a) An organization granted a single event permit and a person involved in the storage,sale, or service of an alcoholic beverage at the event for which the permit is issued, shall abideby:
(i) this title;
(ii) the rules of the commission; and
(iii) the special conditions and requirements provided in this section.
(b) Failure to comply with Subsection (1)(a) by an organization or person described inSubsection (1)(a):
(i) may result in:
(A) an immediate revocation of the single event permit;
(B) forfeiture of the surety bond; and
(C) immediate seizure of an alcoholic beverage present at the event; and
(ii) disqualifies the organization from applying for a period of three years from the dateof revocation of the permit for:
(A) a single event permit under this chapter; or
(B) a temporary special event beer permit under Chapter 10, Part 3, Temporary SpecialEvent Beer Permits.
(c) An alcoholic beverage seized under this Subsection (1) shall be returned to theorganization after the event if forfeiture proceedings are not instituted under Section 32A-13-103.
(2) Special conditions and requirements for a single event permittee include thefollowing:
(a) (i) A person involved in the storage, sale, or service of an alcoholic beverage at theevent must do so under the supervision and direction of the permittee.
(ii) A person involved in the sale or service of an alcoholic beverage at the event may not,while on duty:
(A) consume an alcoholic beverage; or
(B) be intoxicated.
(b) (i) A permittee shall purchase liquor stored, sold, served, and consumed at the eventfrom a state store or package agency.
(ii) The permittee shall purchase beer from:
(A) a licensed beer wholesaler; or
(B) a licensed beer retailer.
(iii) An alcoholic beverage is considered under the control of the permittee during theevent.
(iv) An attendee of the event may not bring an alcoholic beverage onto the premises ofthe event.
(c) A permittee may not charge more than the maximum amount set forth in the permitfor an alcoholic beverage.
(d) A permittee shall post in a prominent place in the area in which an alcoholic beverageis sold, served, and consumed, a copy of the permit, together with a list of the operationalrestrictions and requirements of a single event permittee set forth in this section.
(e) An alcoholic beverage purchased for the event may not be stored, sold, served, orconsumed in a location other than that described in the application and designated on the permitunless the permittee first applies for and receives approval from the commission for a change of
location.
(f) (i) A single event permittee may sell or provide a primary spirituous liquor only in aquantity not to exceed 1.5 ounces per beverage except that additional spirituous liquor may beused in a beverage if:
(A) used as a secondary flavoring ingredient;
(B) used in conjunction with the primary spirituous liquor;
(C) the secondary ingredient is not the only spirituous liquor in the beverage;
(D) an attendee has no more than 2.5 ounces of spirituous liquor at a time before theattendee; and
(E) an attendee has no more than one spirituous liquor drink at a time before theattendee.
(ii) Spirituous liquor need not be dispensed through a calibrated metered dispensingsystem.
(g) (i) (A) Wine may be sold and served by the glass or an individual portion that doesnot exceed five ounces per glass or individual portion.
(B) An individual portion may be served to an attendee in more than one glass as long asthe total amount of wine does not exceed five ounces.
(C) An individual portion of wine is considered to be one alcoholic beverage underSubsection (2)(p).
(ii) Wine may be sold and served in a container not exceeding 1.5 liters at a price fixedby the commission.
(iii) A wine service may be performed and a service charge assessed by the single eventpermittee as authorized by commission rule for wine purchased at the event.
(h) (i) Heavy beer may be served in an original container not exceeding one liter at aprice fixed by the commission.
(ii) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(iii) A service charge may be assessed by a single event permittee as authorized bycommission rule for heavy beer or a flavored malt beverage purchased at the event.
(i) (i) Subject to Subsection (2)(i)(ii), beer may be sold for on-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (2)(i)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual attendee in a size of containerthat exceeds one liter.
(j) (i) An alcoholic beverage may not be sold, served, or consumed between the hours of 1a.m. and 10 a.m.
(ii) This Subsection (2)(j) does not preclude a local authority from being more restrictivewith respect to the hours of sale, service, or consumption of an alcoholic beverage at a temporarysingle event.
(k) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(i) minor;
(ii) person actually, apparently, or obviously intoxicated;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(l) (i) (A) Liquor may be sold only at a price fixed by the commission.
(B) Liquor may not be sold at a discount price on any date or at any time.
(ii) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the permittee.
(iii) An alcoholic beverage may not be sold at a price that encourages over consumptionor intoxication.
(iv) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of the day of the permitted event.
(v) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(vi) The permittee may not engage in a public promotion involving or offering freealcoholic beverages to the general public.
(m) A single event permittee and its employees may not permit an attendee to carry fromthe premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains an alcoholic beverage.
(n) A minor may not sell, serve, dispense, or handle an alcoholic beverage at the event.
(o) An attendee may have no more than one alcoholic beverage of any kind at a timebefore the patron, subject to the limitation in Subsection (2)(f)(i)(E).
(3) The permittee shall maintain an expense and revenue ledger or record showing:
(a) expenditures made for liquor and beer, set-ups, and other ingredients and componentsof an alcoholic beverage; and
(b) the revenue from the sale of an alcoholic beverage.
(4) A single event permit may not be transferred.
(5) A single event permittee may not on the premises serviced by the single eventpermittee:
(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.
(6) A single event permittee or an employee of the single event permittee may notknowingly allow a person at an event to, in violation of Title 58, Chapter 37, Utah ControlledSubstances Act, or Chapter 37a, Utah Drug Paraphernalia Act:
(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.
Amended by Chapter 266, 2008 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session