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[Utah Code Table of Contents]
[TITLE 32a. Table of Contents]
32A-7-101 Commission's power to grant permits - Limitations.
(1) The commission may issue a single event permit to a bona fide partnership, corporation, limited liability company, church, political organization, or incorporated association, or to a recognized subordinate lodge, chapter, or other local unit thereof that is conducting a convention, civic, or community enterprise.
(2) The single event permit may authorize:
(a) for a period not to exceed 120 consecutive hours, the storage, sale, service, and consumption of liquor at an event at which the storage, sale, service, or consumption of liquor is otherwise prohibited by this title; and
(b) the storage, sale, service, and consumption of beer at the same event for the period that the storage, sale, service, or consumption of liquor is authorized under Subsection (2)(a) for the permit.
(3) The commission may not issue more than four single event permits in any one calendar year to the same partnership, corporation, limited liability company, church, political organization, or incorporated association or recognized subordinate lodge, chapter, or other local unit thereof.
(4) (a) The 600 foot and 200 foot proximity limitations to educational, religious, and recreational facilities that are applicable to state stores, package agencies, and licensees, do not apply to single event permits.
(b) Nothing in this section, however, prevents the commission
from considering the proximity of any educational, religious,
or recreational facility, or any other relevant factor in
deciding whether to grant a single event permit.
2003
32A-7-102 Application requirements.
(1) A qualified applicant for a single event permit shall file a written application with the department in a form as the department shall prescribe.
(2) The application shall be accompanied by:
(a) a single event permit fee of $100, which is refundable if a permit is not granted and shall be returned to the applicant with the application;
(b) written consent of the local authority;
(c) a bond as specified by Section 32A-7-105 ;
(d) the times, dates, location, estimated attendance, nature, and purpose of the event;
(e) a description or floor plan designating:
(i) the area in which the applicant proposes that alcoholic beverages be stored;
(ii) the site from which the applicant proposes that alcoholic beverages be sold or served; and
(iii) the area in which the applicant proposes that alcoholic beverages be allowed to be consumed;
(f) a statement of the purpose of the partnership, corporation, limited liability company, church, political organization, or incorporated association, or recognized subordinate lodge, chapter, or other local unit;
(g) a signed consent form stating that authorized representatives of the commission, department, or any law enforcement officers will have unrestricted right to enter the premises during the event;
(h) proper verification evidencing that the person signing the application is authorized to act on behalf of the partnership, corporation, limited liability company, church, political organization, or incorporated association, or recognized subordinate lodge, chapter, or local unit thereof; and
(i) any other information as the commission or department
may direct.
2003
32A-7-103 Qualifications.
(1) To qualify for a single event permit, the applicant shall have been in existence as a bona fide organization for at least one year prior to the date of application.
(2) (a) The commission may not grant a single event permit to any person who has been convicted of:
(i) a felony under any federal or state law;
(ii) any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the last five years before the day on which the permit is granted, driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscription under Subsection (2)(a) applies if any of the following has been convicted of any offense described in Subsection (2)(a):
(i) a partner;
(ii) a managing agent;
(iii) a manager;
(iv) an officer;
(v) a director;
(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of an applicant corporation; or
(vii) a member who owns at least 20% of an applicant limited liability company.
(c) The proscription under Subsection (2)(a) applies if any person employed to act in a supervisory or managerial capacity for the single event permittee has been convicted of any offense described in Subsection (2)(a).
(3) The commission may immediately suspend or revoke a single event permit if after the day on which the permit is granted, a person described in Subsection (2)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (2)(a) prior to the permit being granted; or
(b) on or after the day on which the permit is granted:
(i) is convicted of an offense described in Subsection (2)(a)(i), (ii), or (iii); or
(ii) (A) is convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
(B) was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the person is convicted of the offense described in Subsection (3)(b)(ii)(A).
(4) The director may take emergency action by immediately revoking the permit according to the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, if a person described in Subsection (2)(a), (b), or (c):
(a) is arrested on a charge for an offense described in Subsection (2)(a)(i), (ii), or (iii); or
(b) (i) is arrested on a charge for the offense of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
(ii) was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the person is arrested on a charge described in Subsection (4)(b)(i).
(5) (a) (i) The commission may not grant a single event permit to any person who has had any type of license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a single event permit to any applicant that is a partnership, corporation, or limited liability company if any partner, managing agent, manager, officer, director, stockholder who holds at least 20% of the total issued and outstanding stock of the applicant corporation, or member who owns at least 20% of the applicant limited liability company is or was:
(A) a partner or managing agent of any partnership that had any type of license, agency, or permit issued under this title revoked within the last three years;
(B) a managing agent, officer, director, or stockholder who holds or held at least 20% of the total issued and outstanding stock of any corporation that had any type of license, agency, or permit issued under this title revoked within the last three years; or
(C) a manager or member who owns or owned at least 20% of any limited liability company that had a liquor license, agency, or permit revoked within the last three years.
(b) An applicant that is a partnership, corporation, or limited liability company may not be granted a permit if any of the following had any type of license, agency, or permit issued under this title revoked while acting in that person's individual capacity within the last three years:
(i) any partner or managing agent of the applicant partnership;
(ii) any managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of the applicant corporation; or
(iii) any manager or member who owns at least 20% of the applicant limited liability company.
(6) (a) A minor may not be:
(i) granted a single event permit; or
(ii) employed by a single event permittee to handle alcoholic beverages.
(b) The commission may not grant a single event permit to an applicant that is a partnership, corporation, or limited liability company if any of the following is a minor:
(i) a partner or managing agent of the applicant partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liability company.
(7) If a person to whom a permit has been issued under
this chapter no longer possesses the qualifications required
by this title for obtaining that permit, the commission may
suspend or revoke that permit.
2003
32A-7-104 Commission and department duties before granting permits.
(1) Before any single event permit may be granted by the commission, the department shall conduct an investigation, gather information, and make recommendations to the commission as to whether or not a permit should be granted. The information shall be forwarded to the commission to aid in its determination.
(2) Before issuing any single event permit, the commission shall:
(a) determine that the applicant has complied with all basic qualifications and requirements as provided by Sections 32A-7-102 and 32A-7-103 ;
(b) determine that the application is complete;
(c) consider the purpose of the organization or its local lodge, chapter, or other local unit;
(d) consider the times, dates, location, and purpose of the event;
(e) to minimize the risk of minors being sold or furnished alcohol or adults being overserved alcohol at the event, assess the adequacy of control measures for:
(i) a large-scale public event where the estimated attendance is in excess of 1,000 people; or
(ii) for an outdoor public event; and
(f) consider any other factors or circumstances the commission considers necessary.
(3) (a) The commission shall determine the maximum amount that may be charged by a permittee for an alcoholic beverage, including any set-up fee or other charge.
(b) The maximum amount that may be charged shall be set forth in the permit.
(4) Upon commission approval of any application and upon
issuance of a single event permit, the department shall send
copies of the approved application and the permit to state
and local law enforcement authorities before the scheduled
event.
2003
32A-7-105 Bond.
(1) Any applicant for a single event permit shall post a cash or corporate surety bond in the penal sum of $1,000 payable to the department, which the applicant has procured and must maintain for so long as the permit is in effect.
(2) The bond shall be in a form approved by the attorney general, conditioned upon the permittee's faithful compliance with this title and the rules of the commission.
(3) No part of any cash or corporate bond so posted may
be withdrawn during the period the permit is in effect. A
bond filed by the permittee may be forfeited if the permit
is revoked.
1990
32A-7-106 Operational restrictions.
(1) (a) Any organization granted a single event permit and any person involved in the storage, sale, or service of alcoholic beverages at the event for which the permit is issued, shall abide by:
(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):
(i) may result in:
(A) an immediate revocation of the permit;
(B) forfeiture of the surety bond; and
(C) immediate seizure of all alcoholic beverages present at the event; and
(ii) disqualifies the organization from applying for a single event permit under this chapter, or a temporary special event beer permit under Chapter 10, Part 3, Temporary Special Event Beer Permits, for a period of three years from the date of revocation of the permit.
(c) Any alcoholic beverages seized under this Subsection (1) shall be returned to the organization after the event if forfeiture proceedings are not instituted under Section 32A-13-103 .
(2) Special conditions and requirements for single event permittees include the following:
(a) (i) All persons involved in the storage, sale, or service of alcoholic beverages at the event do so under the supervision and direction of the permittee.
(ii) All persons involved in the sale or service of alcoholic beverages at the event may not, while on duty:
(A) consume an alcoholic beverage; or
(B) be intoxicated.
(b) (i) All liquor stored, sold, served, and consumed at the event shall be purchased by the permittee from a state store or package agency.
(ii) All beer purchased by the permittee shall be purchased from:
(A) a licensed beer wholesaler; or
(B) a licensed beer retailer.
(iii) All alcoholic beverages are considered under the control of the permittee during the event.
(iv) Attendees of the event may not bring any alcoholic beverages onto the premises of the event.
(c) A permittee may not charge more than the maximum amount set forth in the permit for any alcoholic beverage.
(d) Each permittee shall post in a prominent place in the area in which alcoholic beverages are being sold, served, and consumed, a copy of the permit, together with a list of the operational restrictions and requirements of single event permittees set forth in this section.
(e) Alcoholic beverages purchased for the event may not be stored, sold, served, or consumed in any location other than that described in the application and designated on the permit unless 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 a quantity not to exceed one ounce per beverage except that additional spirituous liquor may be used 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; and
(D) each attendee may have no more than 2.75 ounces of spirituous liquor at a time before the attendee.
(ii) Spirituous liquor need not be dispensed through a calibrated metered dispensing system.
(g) (i) (A) Wine may be sold and served by the glass or an individual portion that does not 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 as the total amount of wine does not exceed five ounces.
(C) An individual portion of wine is considered to be one alcoholic beverage under Subsection (2)(p).
(ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed by the commission.
(iii) A wine service may be performed and a service charge assessed by the single event permittee as authorized by commission rule for wine purchased at the event.
(h) (i) Heavy beer may be served in original containers not exceeding one liter at prices fixed by the commission.
(ii) A service charge may be assessed by the single event permittee as authorized by commission rule for heavy beer purchased at the event.
(i) Beer may be sold in any size container not exceeding two liters and on draft.
(j) (i) Alcoholic beverages may not be sold, served, or consumed between the hours of 1 a.m. and 10 a.m.
(ii) This Subsection (2)(j) does not preclude a local authority from being more restrictive with respect to the hours of sale, service, or consumption of alcoholic beverages at a temporary single event.
(k) Alcoholic beverages may not be sold, served, or otherwise furnished until after the polls are closed on the day of any:
(i) regular general election;
(ii) regular primary election; or
(iii) statewide special election.
(l) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
(i) minor;
(ii) person actually, apparently, or obviously intoxicated;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(m) (i) (A) Liquor may be sold only at prices fixed by the commission.
(B) Liquor may not be sold at discount prices on any date or at any time.
(ii) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage to the permittee.
(iii) An alcoholic beverage may not be sold at a price that encourages over consumption or intoxication.
(iv) An alcoholic beverage may not be sold at a special or reduced price for only certain hours of the day of the permitted event.
(v) The sale or service of more than one alcoholic beverage for the price of a single alcoholic beverage is prohibited.
(vi) The permittee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
(n) A single event permittee and its employees may not permit an attendee to carry from the premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains any alcoholic beverage.
(o) A minor may not sell, serve, dispense, or handle any alcoholic beverage at the event.
(p) Each attendee may have no more than one alcoholic beverage of any kind at a time before the patron.
(3) The following acts or conduct at an event for which a permit is issued under this chapter are considered contrary to the public welfare and morals, and are prohibited upon the premises:
(a) employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals;
(b) employing or using the services of any person to mingle with the patrons while the person is unclothed or in attire, costume, or clothing described in Subsection (3)(a);
(c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person;
(d) permitting any employee or person to wear or use any device or covering, exposed to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
(e) permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in this Subsection (3);
(f) permitting any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus;
(g) showing films, still pictures, electronic reproductions, or other visual reproductions depicting:
(i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by Utah law;
(ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(iii) scenes wherein artificial devices or inanimate objects are used to depict, or drawings are used to portray, any of the prohibited activities described in this Subsection (3); or
(iv) scenes wherein a person displays the vulva or the anus or the genitals.
(4) Nothing in Subsection (3) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (3).
(5) (a) Although live entertainment is permitted at the event for which a permit has been issued under this chapter, a permittee may not allow any person to perform or simulate sexual acts prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated area approved by the commission.
(b) Nothing in Subsection (5)(a) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (5)(a).
(6) 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 components of alcoholic beverages; and
(b) the revenue from sale of alcoholic beverages.
(7) A single event permit may not be transferred.
(8) A single event permittee may not engage in or allow
any form of gambling, or have any video gaming device as
defined and proscribed by Title 76, Chapter 10, Part 11,
Gambling, on the premises serviced by the single event permittee.
2003
