Section R82-9-202 - Additional Consideration for Event Permits(1)(a) In accordance with Section 32B-9-303, a single event permit is issued to entities in existence for a year or more conducting a convention, civic, or community enterprise.(b) As part of written consent of the local authority required by Section 32B-9-201, the locality may provide a recommendation as to whether the entity is conducting a civic or community enterprise.(c) The director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise.(d) Notwithstanding Subsections (1)(a) through (c), an event permit may not be issued if, based on the totality of the circumstances, it is determined that the permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act.(2) In accordance with Section 32B-9-202, in considering the nature of the event, if there is a violation of the applicant, the event, or the venue within the last 36 months, the director will consider the violation history in making a determination regarding whether to issue the permit or in determining additional controls as outlined in Subsection (3).(3)(a) In accordance with Section 32B-9-202, in considering the nature of the event, the director must determine that adequate and appropriate control measures will be in place to minimize the possibility of minors being sold or furnished alcohol or adults being over-served alcohol at the event.(b) 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 must show proof of age prior to purchasing an alcoholic beverage;(ii) each individual assigned to check proof of age will have completed the alcohol server training seminar outlined in Section 26B-5-205 within the last three years prior to the date of the event;(iii) one or more individuals who have completed the alcohol server training seminar outlined in Section 26B-5-205 within the last three years 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 by a fence, wall, or gate, and secured entryways and exits; and(v) security will be provided by one or more individuals for every 50 individuals estimated to be in the consumption area at one time, which may be provided by a police officer, hired security guard, organization staff member, or security volunteer.(c) In accordance with Section 32B-9-202, 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 where minors are present: (i) any alcoholic beverage shall be served in readily identifiable cups or containers distinct from those used for nonalcoholic beverages;(ii) dispensing and consumption of alcoholic beverages shall be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian, and where alcohol consumption is closely monitored;(iii) a location where an individual must show proof of age prior to purchasing an alcoholic beverage shall 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 alcoholic beverages at the event.(d) The director, after reviewing the facts and circumstances of a particular event, may modify any of the control measures outlined in Subsections (3)(b) or (c) 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 adults being over-served alcohol at the event.(4) In accordance with Section 32B-9-204, failure of the event permittee to adhere to the control measures described in Subsections (3)(b) and (c) at the event is grounds for the Department to take disciplinary action against the event permittee.Utah Admin. Code R82-9-202
Adopted by Utah State Bulletin Number 2021-03, effective 1/26/2021Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023