File No. 34058
This rule was published in the October 1, 2010, issue (Vol. 2010, No. 19) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Notice of Proposed Rule
DAR File No.: 34058
Filed: 09/07/2010 04:38:01 PM
Purpose of the rule or reason for the change:
This rule amendment is filed to implement the commission's desire to define "convention, civic or community enterprise" as referenced in the single event permit statute (Subsection 32A-7-101(1)).
Summary of the rule or change:
The current law allows the commission to issue single event permits to those who are conducting a convention, civic or community enterprise. To provide consistency, the rule amendment defines "convention, civic or community enterprise".
State statutory or constitutional authorization for this rule:
- Section 32A-1-107
Anticipated cost or savings to:
the state budget:
None--This rule amendment defines "convention, civic or community enterprise" as referenced in the single event permit statute (Subsection 32A-7-101(1)). There are no costs or savings involved in this rule amendment.
None--Single event permits are issued by the Department of Alcoholic Beverage Control and not local governments.
None--Many of the applicants operate small businesses. The single event permit fees remain unchanged and should not affect small businesses. This rule amendment merely defines "convention, civic or community enterprise" as referenced in the single event permit statute (Subsection 32A-7-101(1)).
persons other than small businesses, businesses, or local governmental entities:
None--There are no costs or savings for other persons as a result of this amendment because they do not apply for single event permits.
Compliance costs for affected persons:
None--Since the application fee remains unchanged, businesses should experience no additional compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
The current law allows the commission to issue single event permits to those who are conducting a convention, civic or community enterprise. This rule amendment defines "convention, civic or community enterprise" which will assist the commission as they evaluate the applications each month. There will not be a fiscal impact on businesses as the application fee remains unchanged.
Dennis R. Kellen, Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Alcoholic Beverage Control
1625 S 900 W
SALT LAKE CITY, UT 84104-1630
Direct questions regarding this rule to:
- Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Dennis Kellen, Director
R81. Alcoholic Beverage Control, Administration.
R81-7. Single Event Permits.
R81-7-1. Application Guidelines.
(1) A single event permit [
application for the purpose of] conducting a convention, civic or
community enterprise[ , shall be included in the agenda of the monthly commission
meeting for consideration for issuance of a single event permit,
when the requirements of Section 32A-7 have been met, and a
completed application has been received by the
as used herein] means the conduct, management,
control or direction of an event. The organization directly
benefiting from the event, monetarily or otherwise, shall be deemed
to be conducting the event.
(2)] Pursuant to Section 32A-7-101, the commission may grant
single event permits to a bona fide partnership, corporation,
limited liability company, church, political organization, or
incorporated association, and to each bona fide and recognized
subordinate lodge, chapter or local unit of any qualifying parent
entity. To be a "bona fide" and "recognized"
subordinate or local entity, the applicant must have been in
existence for at least one year prior to the date of the
application and must furnish proof thereof.
(3)] If the applicant is a bona fide incorporated
association, corporation, or a separately incorporated subordinate
lodge, chapter or local unit thereof, the applicant shall submit a
copy of its certificate and articles of incorporation from the
state, which reflect that the applicant has been in existence for
at least one year prior to date of application.
(4)] If the applicant is a bona fide limited liability
company, the applicant shall submit a copy of its limited liability
company certificate of existence from the state, which reflects
that the applicant has been in existence for at least one year
prior to date of application.
(5)] If the applicant is a bona fide church, political
organization, or recognized subordinate chapter or local unit
thereof, the applicant shall submit proof of its tax exempt status
as provided by the Internal Revenue Service.
(6)] Any subordinate or local entity of a parent entity must
also establish that it is duly "recognized" by the parent
entity by providing written verification of its
"recognized" status such as a letter from, or bylaws of
the parent entity. The subordinate or local unit shall also furnish
proof that the parent entity qualifies under sections (1), (2),
(3), (4), and (5) of this rule. These requirements shall not apply
in situations where the subordinate or local unit is separately
(7)] Single event permits are issued to state agencies,
political subdivisions of the state, and organizations listed in
Subsection (2) that are conducting a convention, civic or community
enterprise. Single event permits may not be issued to or obtained
by an entity or organization for the purpose of avoiding or
attempting to avoid the requirement of state retail alcohol
To ensure compliance with this Subsection (7), the commission may consider factors such as:
(a) the purpose of the entity or organization;
(b) the nature and purpose of the event;
(c) the type of entertainment, if any, at the event;
(d) the location of the event;
(e) the frequency of events held at the same location;
(f) whether the location is government owned and operated; and
(g) the extent to which the event:
(i) benefits the community;
(ii) is held for charitable purposes; or
(iii) is held for the profit of the entity or organization.
(8)] Calendar year is defined as January 1 through December
(9)] The single event permit bond, as required by Section
32A-7-105, shall not be released back to the single event permittee
until the permittee provides to the department the required data
regarding liquor purchases, sales, prices charged, and net profit
generated at the event for which the single event permit was
(10)] If an organization or individual other than the one
applying for the single event permit posts the $1,000 bond required
by Section 32A-7-105, an affidavit must be submitted attesting that
the $1,000 bond is for the permittee's compliance with the
provisions of the Act and the commission rules, and that if a
violation occurs at the single event, the bond may be
(11)] The commission may authorize multiple sales outlets on
different properties under one single event permit, provided that
each site conforms to location requirements of Section 32A-7. The
commission may authorize simultaneous sale and consumption hours at
multiple sales outlets.
KEY: alcoholic beverages
Date of Enactment or Last Substantive Amendment: [
May 26], 2010
Notice of Continuation: August 24, 2006
Authorizing, and Implemented or Interpreted Law: 32A-1-107
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For questions regarding the content or application of this rule, please contact Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.