Representative Curtis Oda proposes the following substitute bill:


1     
ALCOHOLIC BEVERAGE EVENT PERMIT AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis Oda

5     
Senate Sponsor: Howard A. Stephenson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Alcoholic Beverage Control Act to address issuance of event
10     permits.
11     Highlighted Provisions:
12          This bill:
13          ▸     addresses the issuance or denial of an event permit; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          32B-9-202, as last amended by Laws of Utah 2012, Chapter 365
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 32B-9-202 is amended to read:
25          32B-9-202. Duties before issuing event permit.
26          (1) (a) Before the director may issue an event permit, the department shall conduct an
27     investigation and may hold public hearings to gather information and make recommendations
28     to the director as to whether the director should issue an event permit.
29          (b) The department shall forward the information and recommendations described in
30     Subsection (1)(a) to the director and the Compliance, Licensing, and Enforcement
31     Subcommittee to aid in the determination.
32          (2) Before issuing an event permit, the director shall:
33          (a) determine that the person filed a complete application and is in compliance with:
34          (i) Section 32B-9-201; and
35          (ii) the relevant part under this chapter for the type of event permit for which the
36     person is applying;
37          (b) determine that the person is not disqualified under Section 32B-1-304;
38          (c) consider the purpose of the organization or its local lodge, chapter, or other local
39     unit;
40          (d) consider the times, dates, location, estimated attendance, nature, and purpose of the
41     event;
42          (e) to minimize the risk of minors being sold or furnished alcohol or adults being
43     overserved alcohol at the event[, assess the adequacy of control measures for:] determine that
44     adequate and appropriate control measures and adequate and appropriate enforcement measures
45     are in place at the event to assure that minors will not be sold or furnished alcohol and that
46     adults will not be overserved;
47          [(i) a large-scale public event when the estimated attendance is in excess of 1,000
48     people; or]
49          [(ii) an outdoor public event;]
50          (f) determine that the event permit is not being sought by the person as a means to
51     circumvent other applicable requirements of this title;
52          (g) determine that there is no violations history either by the applicant or at the venue
53     where the event will be held during the last three years before the date of the event;
54          [(f)] (h) obtain the approval of the Compliance, Licensing, and Enforcement
55     Subcommittee before issuing an event permit;
56          [(g)] (i) notify each commissioner at least three business days before the director issues
57     the event permit in accordance with Subsection (3); and
58          [(h)] (j) consider any other factor the director considers necessary.
59          (3) (a) The director shall inform each commissioner of the director's preliminary
60     decision to issue or deny the issuance of an event permit three business days before the
61     decision is to be final.
62          (b) The preliminary decision becomes a final decision of the director:
63          (i) unless within three business days of receipt of the notice at least three of the
64     commissioners request a meeting to discuss whether the event permit should be issued; or
65          (ii) the director modifies or revokes the preliminary decision to issue or deny issuance
66     of the event permit.
67          (c) If three or more of the commissioners request a meeting, the applicant for the event
68     permit shall be notified and the commission:
69          (i) shall hold a meeting on the application for an event permit no later than the next
70     regularly scheduled meeting of the commission; and
71          (ii) [may] shall issue [or deny issuance of] the event permit if the applicant meets the
72     requirements of this chapter or shall deny issuance of the event permit if the applicant fails to
73     meet the requirements of this chapter.
74          (d) Notwithstanding the other provisions of this Subsection (3), the director may at any
75     time refer an application for an event permit directly to the commission for a determination as
76     to whether an event permit should be issued or denied.
77          (e) For purposes of this title, an event permit issued by the commission is to be treated
78     the same as an event permit issued by the director.
79          (f) If the commission finds that an event permit was improperly issued or that the
80     permittee has violated this chapter, the commission may take any action permitted under this
81     title.
82          (4) Once the director issues an event permit, the department shall send a copy of the
83     approved application and the event permit by written or electronic means to the state and local
84     law enforcement authorities at least three days before the event.
85          (5) The director shall provide the commission a monthly report of the actions taken by
86     the director under this part.
87          (6) If authorized by the director, the deputy director may act on behalf of the director
88     for purposes of issuing an event permit under this chapter.