Utah Admin. Code R82-9-202 - Additional Consideration for Event Permits

(1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-9-201.

(2)

(a) The director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise as required in Section 32B-9-303.

(b) The local authority may provide a recommendation as to whether an applicant is conducting a civic or community enterprise as part of the written consent of the local authority required in Section 32B-9-201.

(3)

(a) In accordance with Section 32B-9-202 and except as provided in Subsection (3)(c), the director may not issue an event permit unless the applicant demonstrates the following control measures will be implemented at the event:

(i) the event will have at least one location where an individual is required show proof of age before purchasing an alcoholic beverage;

(ii) each individual assigned to check proof of age will have completed the alcohol server training seminar described in Section 26B-5-205 within three years before the date of the event;

(iii) one or more individuals described in Subsection (3)(a)(ii) will be required to supervise each location where an alcoholic beverage is sold or dispensed;

(iv) the event will be secured and delineated by a physical structure such as a fence, wall, or gate, and secured entryways and exits; and

(v) security will be provided by at least one police officer, hired security guard, organization staff member, or security volunteer for every 50 individuals estimated to be in the area the applicant designates for alcohol consumption at one time to minimize the possibility of:

(A) minors being sold or furnished alcohol at the event;

(B) patrons being overserved alcohol at the event; or

(C) patrons removing alcohol from the area designated for alcohol consumption at the event.

(b) In accordance with Section 32B-9-202 and except as provided in Subsection (3)(c), the director may not issue an event permit unless the applicant demonstrates the following additional control measures will be implemented at an outdoor public event, or a large-scale public event with 1,000 or more attendees, where minors are present:

(i) any alcoholic beverage will be served in a readily identifiable cup or container distinct from the cup or container used for a non-alcoholic beverage;

(ii) dispensing and consumption of an alcoholic beverage will be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian;

(iii) a location where an individual is required to show proof of age before purchasing an alcoholic beverage will be separate from an alcoholic beverage sales and dispensing location; and

(iv) an individual assigned to check proof of age at an event will either issue a hand stamp or non-transferable wristband to an individual authorized to purchase an alcoholic beverage at the event.

(c) The director, after reviewing the facts and circumstances of a particular event, may modify any of the control measures described in Subsection (3)(a) or (b) to be more or less stringent as a condition of issuing an event permit provided that the director has first reasonably determined that such modification will not increase the likelihood of minors being sold or furnished alcohol or attendees being overserved alcohol at the event.

(4) Notwithstanding Subsections (2) and (3), the director may not issue an event permit if, based on the totality of the circumstances, the director determines that the event permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act.

(5) In accordance with Section 32B-9-204, failure of the event permittee to adhere to the control measures described in Subsection (3) at the event is grounds for the Department to take disciplinary action against the event permittee.

Notes

Utah Admin. Code R82-9-202

Adopted by Utah State Bulletin Number 2021-03, effective 1/26/2021 Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023 Amended by Utah State Bulletin Number 2024-23, effective 11/22/2024