2006 Utah Code - 32A-10-301 — Commission\'s power to grant temporary special event beer permits -- Limitations.

     32A-10-301.   Commission's power to grant temporary special event beer permits -- Limitations.
     (1) Beginning May 5, 2003, before any person may sell beer at retail for on-premise consumption at a temporary special event that does not last longer than 30 days, the person shall first obtain:
     (a) a temporary special event beer permit from the commission as provided in this part; and
     (b) (i) a temporary special event beer permit issued by the local authority as provided in Section 32A-10-101; or
     (ii) other written consent of the local authority to sell beer at retail for on-premise consumption at a temporary special event.
     (2) The commission may issue a temporary special event beer permit for the purpose of allowing the sale of beer for on-premise consumption at a temporary special event that does not last longer than 30 days.
     (3) (a) The temporary special event beer permit shall authorize, for a period not to exceed 30 days, the storage, sale, service, and consumption of beer at the temporary special event.
     (b) The sale of beer under a series of permits issued to the same person may not exceed a total of 90 days in any one calendar year.
     (c) A temporary special event beer permit may not be issued or obtained for the purpose of avoiding or attempting to avoid the requirement of state licensing under Part 2, On-Premise Beer Retailer License.
     (4) (a) The 600 foot and 200 foot proximity limitations to educational, religious, and recreational facilities that are applicable to state stores, package agencies, and licensees, do not apply to a temporary special event beer permit.
     (b) Notwithstanding Subsection (4)(a), nothing in this section prevents the commission from considering the proximity of any educational, religious, or recreational facility, or any other relevant factor in deciding whether to grant a temporary special event beer permit.

Enacted by Chapter 314, 2003 General Session