1     
ALCOHOLIC BEVERAGE EVENT PERMIT AMENDMENTS

2     
2016 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 event permits.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses the issuance or denial of an event permit; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          32B-9-202, as last amended by Laws of Utah 2012, Chapter 365
21     

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