Utah Admin. Code R82-6-602 - On-premise Banquet - Reporting Requirement for Banquet Licensees
(1) Authority. This rule is made pursuant to
Section 32B-6-605.
(2) Purpose.
This rule establishes:
(a) the notice that an
on-premise banquet licensee or sublicensee must give to the Department in
advance of a scheduled banquet event so that the Commission, the Department, or
a law enforcement officer may conduct a random inspection of a banquet to
monitor compliance with alcohol laws; and
(b) the records to be maintained by an
on-premise banquet licensee and sublicensee.
(3) Application.
(a) An on-premise banquet licensee or an
on-premise banquet sublicense shall provide the Department advance notice of
scheduled banquets in an electronic format at least 14 days before the
scheduled event or immediately upon booking events with less than 14 days until
the scheduled event.
(b) The
electronic advance notice must include the following information for each
event:
(i) the name of the host;
(ii) the specific location;
(iii) the dates;
(iv) the beginning and ending
times;
(v) the number of attendees
expected to attend;
(vi) the
designation as either a private event or a privately sponsored event, including
the specific type of event; and
(vii) for banquet events with an anticipated attendance of over
500 people, the control measures that will be implemented to prevent:
(A) minors from obtaining alcohol;
(B) overconsumption of alcohol;
(C) the general public or an uninvited guest
from entering a private event; and
(D) a person who has not paid an admission
fee from entering a privately sponsored event.
(4) The licensee or sublicensee
shall provide electronic notice of banquet event cancellations or modifications
when the event is canceled or modified.
(5)
(a)
Upon request, the Department shall provide access to documents listing
scheduled banquet events to a commissioner, authorized representative of the
Department, or law enforcement officer for use as described in Subsection
(2).
(b) The Department and law
enforcement may use the scheduled banquet event documents only for the purposes
stated in this rule.
(6)
The Department shall retain a copy of any documents pertaining to scheduled
banquet events for up to one year after the conclusion of the banquet
event.
(7) The Department shall
classify the documents containing the details of scheduled banquet events as
protected under Section 63G-2-305 of the Government Records Management Act if,
upon review, the Department determines that:
(a) the documents contain commercial
information, the disclosure of which could reasonably be expected to result in
unfair competitive injury to the licensee or sublicensee submitting the
information, and the licensee or sublicensee submitting the information has a
greater interest in prohibiting access than the public in obtaining access to
the information; and
(b) the
licensee or sublicensee claims business confidentiality and requests that the
documents be classified as protected pursuant to Sections 63G-2-305 and
63G-2-309.
(8) An
on-premise banquet licensee or sublicensee shall maintain a record of the
following:
(a) the name and type of each
event;
(b) the date and time of
each event;
(c) the name of the
third-party host of each event;
(d)
the contract between the licensee or sublicensee and the host of each
event;
(e) the percentage of
ownership interest, if any, the host has in the banquet facility;
(f) the total number of guests attending each
event;
(g) the total sales of
spirituous liquor, wine, beer, heavy beer, and flavored malt beverages sold,
served, or provided at each event;
(h) the price charged to the guests for each
type of alcoholic product served at each event;
(i) the total sales of food served at each
event;
(j) the purchase receipts
for spirituous liquor, wine, heavy beer, beer, and flavored malt beverages;
and
(k) the annual ratio of food
sales to sales of spirituous liquor, wine, heavy beer, beer, and flavored malt
beverages.
Notes
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