2006 Utah Code - 32A-7-106 — Operational restrictions.

     32A-7-106.   Operational restrictions.
     (1) (a) Any organization granted a single event permit and any person involved in the storage, sale, or service of alcoholic beverages at the event for which the permit is issued, shall abide by:
     (i) this title;
     (ii) the rules of the commission; and
     (iii) the special conditions and requirements provided in this section.
     (b) Failure to comply with Subsection (1)(a):
     (i) may result in:
     (A) an immediate revocation of the permit;
     (B) forfeiture of the surety bond; and
     (C) immediate seizure of all alcoholic beverages present at the event; and
     (ii) disqualifies the organization from applying for a single event permit under this chapter, or a temporary special event beer permit under Chapter 10, Part 3, Temporary Special Event Beer Permits, for a period of three years from the date of revocation of the permit.
     (c) Any alcoholic beverages seized under this Subsection (1) shall be returned to the organization after the event if forfeiture proceedings are not instituted under Section 32A-13-103.
     (2) Special conditions and requirements for single event permittees include the following:
     (a) (i) All persons involved in the storage, sale, or service of alcoholic beverages at the event do so under the supervision and direction of the permittee.
     (ii) All persons involved in the sale or service of alcoholic beverages at the event may not, while on duty:
     (A) consume an alcoholic beverage; or
     (B) be intoxicated.
     (b) (i) All liquor stored, sold, served, and consumed at the event shall be purchased by the permittee from a state store or package agency.
     (ii) All beer purchased by the permittee shall be purchased from:
     (A) a licensed beer wholesaler; or
     (B) a licensed beer retailer.
     (iii) All alcoholic beverages are considered under the control of the permittee during the event.
     (iv) Attendees of the event may not bring any alcoholic beverages onto the premises of the event.
     (c) A permittee may not charge more than the maximum amount set forth in the permit for any alcoholic beverage.
     (d) Each permittee shall post in a prominent place in the area in which alcoholic beverages are being sold, served, and consumed, a copy of the permit, together with a list of the operational restrictions and requirements of single event permittees set forth in this section.
     (e) Alcoholic beverages purchased for the event may not be stored, sold, served, or consumed in any location other than that described in the application and designated on the permit unless the permittee first applies for and receives approval from the commission for a change of location.
     (f) (i) A single event permittee may sell or provide a primary spirituous liquor only in a quantity not to exceed one ounce per beverage except that additional spirituous liquor may be

used in a beverage if:
     (A) used as a secondary flavoring ingredient;
     (B) used in conjunction with the primary spirituous liquor;
     (C) the secondary ingredient is not the only spirituous liquor in the beverage; and
     (D) each attendee may have no more than 2.75 ounces of spirituous liquor at a time before the attendee.
     (ii) Spirituous liquor need not be dispensed through a calibrated metered dispensing system.
     (g) (i) (A) Wine may be sold and served by the glass or an individual portion that does not exceed five ounces per glass or individual portion.
     (B) An individual portion may be served to an attendee in more than one glass as long as the total amount of wine does not exceed five ounces.
     (C) An individual portion of wine is considered to be one alcoholic beverage under Subsection (2)(p).
     (ii) Wine may be sold and served in containers not exceeding 1.5 liters at prices fixed by the commission.
     (iii) A wine service may be performed and a service charge assessed by the single event permittee as authorized by commission rule for wine purchased at the event.
     (h) (i) Heavy beer may be served in original containers not exceeding one liter at prices fixed by the commission.
     (ii) A service charge may be assessed by the single event permittee as authorized by commission rule for heavy beer purchased at the event.
     (i) (i) Subject to Subsection (2)(i)(ii), beer may be sold for on-premise consumption:
     (A) in an open container; and
     (B) on draft.
     (ii) Beer sold pursuant to Subsection (2)(i)(i) shall be in a size of container that does not exceed two liters, except that beer may not be sold to an individual attendee in a size of container that exceeds one liter.
     (j) (i) Alcoholic beverages may not be sold, served, or consumed between the hours of 1 a.m. and 10 a.m.
     (ii) This Subsection (2)(j) does not preclude a local authority from being more restrictive with respect to the hours of sale, service, or consumption of alcoholic beverages at a temporary single event.
     (k) Alcoholic beverages may not be sold, served, or otherwise furnished until after the polls are closed on the day of any:
     (i) regular general election;
     (ii) regular primary election; or
     (iii) statewide special election.
     (l) Alcoholic beverages may not be sold, served, or otherwise furnished to any:
     (i) minor;
     (ii) person actually, apparently, or obviously intoxicated;
     (iii) known habitual drunkard; or
     (iv) known interdicted person.
     (m) (i) (A) Liquor may be sold only at prices fixed by the commission.
     (B) Liquor may not be sold at discount prices on any date or at any time.

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     (ii) Alcoholic beverages may not be sold at less than the cost of the alcoholic beverage to the permittee.
     (iii) An alcoholic beverage may not be sold at a price that encourages over consumption or intoxication.
     (iv) An alcoholic beverage may not be sold at a special or reduced price for only certain hours of the day of the permitted event.
     (v) The sale or service of more than one alcoholic beverage for the price of a single alcoholic beverage is prohibited.
     (vi) The permittee may not engage in a public promotion involving or offering free alcoholic beverages to the general public.
     (n) A single event permittee and its employees may not permit an attendee to carry from the premises an open container that:
     (i) is used primarily for drinking purposes; and
     (ii) contains any alcoholic beverage.
     (o) A minor may not sell, serve, dispense, or handle any alcoholic beverage at the event.
     (p) Each attendee may have no more than one alcoholic beverage of any kind at a time before the patron.
     (3) The following acts or conduct at an event for which a permit is issued under this chapter are considered contrary to the public welfare and morals, and are prohibited upon the premises:
     (a) employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals;
     (b) employing or using the services of any person to mingle with the patrons while the person is unclothed or in attire, costume, or clothing described in Subsection (3)(a);
     (c) encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person;
     (d) permitting any employee or person to wear or use any device or covering, exposed to view, that simulates the breast, genitals, anus, pubic hair, or any portion of these;
     (e) permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in this Subsection (3);
     (f) permitting any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus;
     (g) showing films, still pictures, electronic reproductions, or other visual reproductions depicting:
     (i) acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by Utah law;
     (ii) any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
     (iii) scenes wherein artificial devices or inanimate objects are used to depict, or drawings are used to portray, any of the prohibited activities described in this Subsection (3); or
     (iv) scenes wherein a person displays the vulva or the anus or the genitals.
     (4) Nothing in Subsection (3) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (3).

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     (5) (a) Although live entertainment is permitted at the event for which a permit has been issued under this chapter, a permittee may not allow any person to perform or simulate sexual acts prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated area approved by the commission.
     (b) Nothing in Subsection (5)(a) precludes a local authority from being more restrictive of acts or conduct of the type prohibited in Subsection (5)(a).
     (6) The permittee shall maintain an expense and revenue ledger or record showing:
     (a) expenditures made for liquor and beer, set-ups, and other ingredients and components of alcoholic beverages; and
     (b) the revenue from sale of alcoholic beverages.
     (7) A single event permit may not be transferred.
     (8) A single event permittee may not engage in or allow any form of gambling, or have any video gaming device as defined and proscribed by Title 76, Chapter 10, Part 11, Gambling, on the premises serviced by the single event permittee.

Amended by Chapter 268, 2004 General Session