32A-10-306 (Repealed 07/01/11) - Operational restrictions.
32A-10-306 (Repealed 07/01/11). Operational restrictions.
(1) (a) A person granted a temporary special event beer permit and any person involvedin the storage, sale, or service of beer at the event for which a temporary special event the permitis issued, shall abide by this title, the rules of the commission, and the special conditions andrequirements provided in this section.
(b) Failure to comply as provided in Subsection (1)(a):
(i) may result in:
(A) an immediate revocation of the permit;
(B) forfeiture of the surety bond; and
(C) immediate seizure of all beer present at the event; and
(ii) disqualifies the organization from applying for a temporary special event beer permitunder this part or a single event permit under Chapter 7, Single Event Permits, for a period ofthree years from the date of revocation of the temporary special event permit.
(c) Beer seized under this Subsection (1) shall be returned to the organization after theevent if forfeiture proceedings are not instituted under Section 32A-13-103.
(2) Special conditions and requirements for temporary special event beer permitteesinclude the following:
(a) (i) A person involved in the storage, sale, or service of beer at the temporary specialevent is considered to be under the supervision and direction of the permittee.
(ii) A person involved in the sale or service of beer at the temporary special event maynot, while on duty:
(A) consume an alcoholic beverage; or
(B) be intoxicated.
(b) (i) A permittee shall purchase beer stored, sold, served, and consumed at thetemporary special event from a licensed beer wholesaler or retailer.
(ii) Beer is considered under the control of the permittee during the temporary specialevent.
(iii) An attendee of the temporary special event may not bring an alcoholic beverage ontothe premises of the temporary special event.
(c) A permittee shall post in a prominent place in the area in which beer is being sold,served, and consumed:
(i) a copy of the permit; and
(ii) a list of the operational restrictions and requirements of temporary special event beerpermittees set forth in this section.
(d) Beer purchased for a temporary special event may not be stored, sold, served, orconsumed in a location other than that described in the application and designated on thetemporary special event permit unless the permittee first applies for and receives approval fromthe commission for a change of location.
(e) (i) Subject to Subsection (2)(e)(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)(e)(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.
(f) (i) Beer may not be sold, offered for sale, served, otherwise furnished, or consumed
between the hours of 1 a.m. and 10 a.m.
(ii) This Subsection (2)(f) does not preclude a local authority from being more restrictivewith respect to the hours of sale, service, or consumption of beer at a temporary special event.
(g) Beer 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.
(h) (i) Beer may not be sold at less than the cost of the beer to the permittee.
(ii) Beer may not be sold at a price that encourages over consumption or intoxication.
(iii) Beer may not be sold at a special or reduced price for only certain hours of the day ofthe permitted event.
(iv) More than one beer beverage may not be sold or served for the price of a single beerbeverage.
(v) The permittee may not engage in a public promotion involving or offering free beerto the general public.
(i) The permittee and its employees may not permit an attendee to carry from thepremises an open container that:
(i) is used for drinking purposes; and
(ii) contains an alcoholic beverage.
(j) A minor may not sell, serve, dispense, or handle any beer at a temporary special event.
(3) The permittee shall maintain an expense and revenue ledger or record showing:
(a) expenditures made for beer; and
(b) the revenue from sale of beer.
(4) A temporary special event beer permit may not be transferred.
(5) A temporary special event beer permittee may not on the premises serviced by thepermittee:
(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 temporary special event beer permittee or an employee of the temporary specialevent beer permittee may not knowingly allow a person at an event to, in violation of Title 58,Chapter 37, Utah Controlled Substances 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.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session