Section R82-6-602 - On Premise Banquet - Reporting Requirement for Banquet Licensees(1) The authority for this rule is Subsections 32B-6-605(3)(a) and 32B-6-605(4)(a).(2) 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 law enforcement officers may conduct a random inspection of a banquet to monitor compliance with the alcoholic beverage control laws; and(b) the records to be maintained by an on-premise banquet licensee and sublicensee.(3) An on-premise banquet licensee and an on-premise banquet sublicense shall provide the Department advance notice of scheduled banquets in an electronic format at least fourteen days prior to the scheduled event or immediately upon booking events with less than fourteen days until the scheduled event. The electronic advance notice must include the following information for each event:(a) the name of the host;(b) the specific location;(d) the beginning and ending times;(e) the number of attendees expected to attend;(f) the designation as either a private event or a privately sponsored event, including the specific type of event; and(g) for banquet events with an anticipated attendance of over 500 people, the control measures that will be implemented to prevent:(i) minors from obtaining alcohol;(ii) overconsumption of alcohol;(iii) the general public or an uninvited guest from entering a private event; and(iv) 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 at the time the event is canceled or modified.(5) The Department shall provide access to documents listing scheduled banquet events upon request, to a commissioner, authorized representative of the Department, and any law enforcement officer for use in a purpose stated in Subsection (2).(6) The Department shall retain a copy of any documents pertaining to scheduled banquet events for up to fourteen days 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) The Department and law enforcement may use the scheduled banquet event documents only for the purposes stated in this rule.(9) On-premise banquet licensees and sublicensees must 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.(10) Failure of an on-premise banquet licensee or sublicensee to timely file advance notice of scheduled banquet events or to retain the records as noted in this rule may result in disciplinary action pursuant to Sections 32B-3-201 to 32B-3-207, and Section R82-3-102 and R82-3-103.Utah Admin. Code R82-6-602
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2020-21, effective 10/27/2020Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023