3rd Sub.
H.B.
228
ALCOHOLIC BEVERAGE CONTROL ACT AMENDMENTS
Senate Floor
Amendments
Amendment 1 March 12, 2013 3:21 PM
Senator John L. Valentine
proposes the following amendments:
1. Page
2, Line 36
:
36
. imposes a fee for applying to the commission for a
{
change
}
certain changes
in
location;
2. Page
3, Line 72
:
72
{
32B-9-204, as last amended by Laws of Utah 2012, Chapter 365
}
3. Page
56, Lines 1719 through 1724
:
1719
(14) Except as provided in Subsection
32B-5-307
(3)(d) and notwithstanding
1720
Subsection
32B-6-706
(4), a full-service restaurant licensee may not allow a patron to remove a
1721
container containing an alcoholic product from the licensed premises of the full-service
1722
restaurant unless the full-service restaurant licensee
{
holds
}
enters into
a package agency
contract
under which the
1723
full-service restaurant licensee may sell, offer for sale, or furnish sealed containers of an
1724
alcoholic product
other than beer, and obtains permission from the local authority to sell, offer for sale,
or furnish sealed containers of beer for off-premise consumption
.
4. Page
64, Lines 1964 through 1969
:
1964
(14) Except as provided in Subsection
32B-5-307
(3)(d) and notwithstanding
1965
Subsection
32B-6-706
(4), a limited-service restaurant licensee may not allow a patron to
1966
remove a container containing an alcoholic product from the licensed premises of the
1967
limited-service restaurant unless the limited-service restaurant licensee
{
holds
}
enters into
a
package agency
contract
1968
under which the limited-service restaurant licensee may sell, offer for sale, or furnish sealed
1969
containers of an alcoholic product
other than beer, and obtains permission from the local authority
under which the limited-service restaurant licensee may sell, offer for sale, or furnish sealed containers
of beer for off-premise consumption
.
5. Page
71, Lines 2170 through 2174
:
2170
(13) Notwithstanding Subsection
32B-6-706
(4), a beer-only restaurant licensee may
2171
not allow a patron to remove a container containing an alcoholic product from the licensed
2172
premises of the beer-only restaurant unless the beer-only restaurant licensee
{
holds a package
2173
agency
}
obtains permission from the local authority
under which the beer-only restaurant licensee
may sell, offer for sale, or furnish sealed
2174
containers of beer
for off premise consumption
.
6. Page
72, Line 2212 through Page 76, Line 2349
:
2212
{
Section 26.
Section
32B-9-204
is amended to read:
2213
32B-9-204. General operational requirements for an event permit.
2214
(1) (a) An event permittee and a person involved in the storage, sale, offer for sale, or
2215
furnishing of an alcoholic product at an event for which an event permit is issued, shall comply
2216
with this title and rules of the commission.
2217
(b) Failure to comply as provided in Subsection (1)(a):
2218
(i) may result in:
2219
(A) disciplinary action in accordance with Chapter 3, Disciplinary Actions and
2220
Enforcement Act, against:
2221
(I) an event permittee;
2222
(II) a person involved in the storage, sale, offer for sale, or furnishing of an alcoholic
2223
product at the event; or
2224
(III) any combination of the persons listed in this Subsection (1)(b);
2225
(B) immediate revocation of the event permit;
2226
(C) forfeiture of a bond; or
2227
(D) immediate seizure of an alcoholic product present at the event; and
2228
(ii) if the event permit is revoked, disqualifies the event permittee from applying for an
2229
event permit for a period of three years from the date of revocation of the event permit.
2230
(c) An alcoholic product seized under this Subsection (1) shall be returned to the event
2231
permittee after an event if forfeiture proceedings are not instituted under Section
32B-4-206
.
2232
(2) (a) If there is a conflict between this part and the relevant part under this chapter for
2233
the specific type of special use permit held by the special use permittee, the relevant part
2234
governs.
2235
(b) Notwithstanding that this part may refer to "liquor" or an "alcoholic product," an
2236
event permittee may only sell, offer for sale, or furnish an alcoholic product specified in the
2237
relevant part under this chapter for the type of event permit that is held by the event permittee.
2238
(c) Notwithstanding that this part or the relevant part under this chapter for the type of
2239
event permit held by an event permittee refers to "event permittee," a person involved in the
2240
storage, sale, offer for sale, or furnishing of an alcoholic product at the event for which the
2241
event permit is issued is subject to the same requirement or prohibition.
2242
(3) An event permittee shall display a copy of the event permit in a prominent place in
2243
the area in which an alcoholic product is sold, offered for sale, furnished, and consumed.
2244
(4) An event permittee may not on the premises of the event:
2245
(a) engage in or allow any form of gambling, as defined and proscribed in Title 76,
2246
Chapter 10, Part 11, Gambling;
2247
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,
2248
Part 11, Gambling; or
2249
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requires
2250
the risking of something of value for a return or for an outcome when the return or outcome is
2251
based upon an element of chance, excluding the playing of an amusement device that confers
2252
only an immediate and unrecorded right of replay not exchangeable for value.
2253
(5) An event permittee may not knowingly allow a person at an event to, in violation of
2254
Title 58, Chapter 37, Utah Controlled Substances Act, or Chapter 37a, Utah Drug
2255
Paraphernalia Act:
2256
(a) sell, distribute, possess, or use a controlled substance, as defined in Section
2257
58-37-2
; or
2258
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in
2259
Section
58-37a-3
.
2260
(6) An event permittee may not sell, offer for sale, or furnish beer except beer
2261
purchases from:
2262
(a) a beer wholesaler licensee;
2263
(b) a beer retailer; or
2264
(c) a small brewer.
2265
(7) An event permittee may not store, sell, offer for sale, furnish, or allow the
2266
consumption of an alcoholic product purchased for an event in a location other than that
2267
described in the application and designated on the event permit unless the event permittee first
2268
applies for and receives approval from the director, with the approval of the Compliance,
2269
Licensing, and Enforcement Subcommittee, for a change of location.
2270
(8) (a) Subject to Subsection (8)(b), an event permittee may sell, offer for sale, or
2271
furnish beer for on-premise consumption:
2272
(i) in an open original container; and
2273
(ii) in a container on draft.
2274
(b) An event permittee may not sell, offer for sale, or furnish beer sold pursuant to
2275
Subsection (8)(a):
2276
(i) in a size of container that exceeds two liters; or
2277
(ii) to an individual patron in a size of container that exceeds one liter.
2278
(9) (a) An event permittee may not sell or offer for sale an alcoholic product at less
2279
than the cost of the alcoholic product to the event permittee.
2280
(b) An event permittee may not sell an alcoholic product at a discount price on any date
2281
or at any time.
2282
(c) An event permittee may not sell or offer for sale an alcoholic product at a price that
2283
encourages over consumption or intoxication.
2284
(d) An event permittee may not sell or offer for sale an alcoholic product at a special or
2285
reduced price for only certain hours of the day of an event.
2286
(e) An event permittee may not sell, offer for sale, or furnish more than one alcoholic
2287
product at the price of a single alcoholic product.
2288
(f) An event permittee, or a person operating, selling, offering, or furnishing an
2289
alcoholic product under an event permit, may not sell, offer for sale, or furnish an indefinite or
2290
unlimited number of alcoholic products during a set period for a fixed price, unless:
2291
(i) the alcoholic product is served to a patron at a seated event;
2292
(ii) food is available whenever the alcoholic product is sold, offered for sale, or
2293
furnished; and
2294
(iii) no person advertises that at the event a person may be sold or furnished an
2295
indefinite or unlimited number of alcoholic products during a set period for a fixed price.
2296
(g) An event permittee may not engage in a public promotion involving or offering a
2297
free alcoholic product to the general public.
2298
(10) An event permittee may not sell, offer for sale, or furnish an alcoholic product to:
2299
(a) a minor;
2300
(b) a person actually, apparently, or obviously intoxicated;
2301
(c) a known interdicted person; or
2302
(d) a known habitual drunkard.
2303
(11) (a) An alcoholic product is considered under the control of the event permittee
2304
during an event.
2305
(b) A patron at an event may not bring an alcoholic product onto the premises of the
2306
event.
2307
(12) An event permittee may not permit a patron to carry from the premises an open
2308
container that:
2309
(a) is used primarily for drinking purposes; and
2310
(b) contains an alcoholic product.
2311
(13) (a) A person involved in the storage, sale, or furnishing of an alcoholic product at
2312
an event is considered under the supervision and direction of the event permittee.
2313
(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic product at
2314
an event may not, while on duty:
2315
(i) consume an alcoholic product; or
2316
(ii) be intoxicated.
2317
(14) A minor may not handle, sell, offer for sale, or furnish an alcoholic product at an
2318
event.
2319
(15) The location specified in an event permit may not be changed without prior
2320
written approval of the commission. An event permittee shall pay an application fee of $300 to
2321
apply for the written approval of the commission under this Subsection (15).
2322
(16) An event permittee may not sell, transfer, assign, exchange, barter, give, or
2323
attempt in any way to dispose of the event permit to another person whether for monetary gain
2324
or not.
2325
(17) (a) An event permittee may not sell, offer for sale, furnish, or allow the
2326
consumption of an alcoholic product during a period that:
2327
(i) begins at 1 a.m.; and
2328
(ii) ends at 9:59 a.m.
2329
(b) This Subsection (17) does not preclude a local authority from being more restrictive
2330
with respect to the hours of sale, offer for sale, furnishing, or consumption of an alcoholic
2331
product at an event.
2332
(18) A patron may have no more than one alcoholic product of any kind at a time
2333
before the patron.
2334
(19) (a) An event permittee shall display, in a prominent place, a sign in large letters
2335
that consists of text in the following order:
2336
(i) a header that reads: "WARNING";
2337
(ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
2338
can cause birth defects and permanent brain damage for the child.";
2339
(iii) a statement in smaller font that reads: "Call the Utah Department of Health at
2340
[insert most current toll-free number] with questions or for more information.";
2341
(iv) a header that reads: "WARNING"; and
2342
(v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
2343
serious crime that is prosecuted aggressively in Utah."
2344
(b) (i) The text described in Subsections (19)(a)(i) through (iii) shall be in a different
2345
font style than the text described in Subsections (19)(a)(iv) and (v).
2346
(ii) The warning statements in the sign described in Subsection (19)(a) shall be in the
2347
same font size.
2348
(c) The Department of Health shall work with the commission and department to
2349
facilitate consistency in the format of a sign required under this section.
}
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