R82-9-202. Factors to Consider Before Issuance of Event Permits

(1) Authority. This rule is made pursuant to Section 32B-2-202. (2)(a) Before the director issues an event permit, the director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise. (b) The local authority may provide a recommendation as to whether an applicant is conducting a civic or community enterprise as part of the written consent of the local authority required under Section 32B-9-201. (3) Except as provided in Subsection (4), the director may not issue an event permit unless the applicant sufficiently demonstrates in the application the following control measures will be implemented at the event: (a) the event will have at least one location where an individual authorized by the permittee will verify a patron's proof of age before the patron is able to purchase an alcoholic beverage; (b) each individual authorized to verify a patron's proof of age will have completed the alcohol server training seminar described in Section 26B-5-205 within three years before the date of the event; (c) at least one individual who is authorized to verify a patron's proof of age will be required to supervise each location where an alcoholic beverage is sold or dispensed; (d) the event premises will: (i) be secured and delineated by a fence, wall, gate, or other physical structure; and (ii) have secured entryways and exits; (e) security will be provided by at least one police officer, hired security guard, organization staff member, or security volunteer for every 50 individuals estimated to be in the designated alcohol consumption area at one time to reasonably prevent: (i) minors being sold or furnished alcohol at the event; (ii) patrons being overserved alcohol at the event; or (iii) patrons removing alcohol from the designated alcohol consumption area at the event; and (f) if the event is a public event with 1,000 or more attendees where minors will be present or an outdoor event: (i) any alcoholic beverage will be served in a readily identifiable cup or container distinct from the cup or container used for a non-alcoholic beverage; (ii) dispensing and consumption of an alcoholic beverage will be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian; (iii) a location where an individual is required to show proof of age before purchasing an alcoholic beverage will be separate from an alcoholic beverage sales and dispensing location; and (iv) an individual authorized to verify proof of age at the event will issue a hand stamp or non-transferable wristband to an individual legally permitted to purchase an alcoholic beverage at the event. (4) The director may modify any of the control measures described in Subsection (3) to be more or less stringent as a condition of issuing the event permit if the director reasonably determines that the modification will not increase the likelihood of minors being sold or furnished alcohol or attendees being overserved alcohol at the event. (5) Notwithstanding Subsection (3), the director may not issue an event permit if the director determines that the event permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act. (6) Failure of the event permittee to adhere to the control measures described in Subsection (3) at the event is grounds for the Department to take disciplinary action against the event permittee.