2006 Utah Code - 32A-10-306 — Operational restrictions.

     32A-10-306.   Operational restrictions.
     (1) (a) Any person granted a temporary special event beer permit and any person involved in the storage, sale, or service of beer at the event for which a temporary special event the permit is issued, shall abide by this title, the rules of the commission, and the special conditions and requirements provided in this section.
     (b) Failure to comply as provided in 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 beer present at the event; and
     (ii) disqualifies the organization from applying for a temporary special event beer permit under this part or a single event permit under Chapter 7, Single Event Permits, for a period of three years from the date of revocation of the temporary special event permit.
     (c) Any beer 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 temporary special event beer permittees include the following:
     (a) (i) All persons involved in the storage, sale, or service of beer at the temporary special event do so under the supervision and direction of the permittee.
     (ii) All persons involved in the sale or service of beer at the temporary special event may not, while on duty:
     (A) consume an alcoholic beverage; or
     (B) be intoxicated.
     (b) (i) All beer stored, sold, served, and consumed at the temporary special event shall be purchased by the permittee from a licensed beer wholesaler or retailer.
     (ii) All beer is considered under the control of the permittee during the temporary special event.
     (iii) An attendee of the temporary special event may not bring any alcoholic beverages onto the premises of the temporary special event.
     (c) Each permittee shall post in a prominent place in the area in which beer is being sold, served, and consumed:
     (i) a copy of the permit; and
     (ii) a list of the operational restrictions and requirements of temporary special event beer permittees set forth in this section.
     (d) Beer purchased for a temporary special event may not be stored, sold, served, or consumed in any location other than that described in the application and designated on the temporary special event permit unless the permittee first applies for and receives approval from the commission for a change of location.
     (e) (i) Subject to Subsection (2)(e)(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)(e)(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.
     (f) (i) Beer may not be sold, offered for sale, served, otherwise furnished, or consumed

between the hours of 1 a.m. and 10 a.m.
     (ii) This Subsection (2)(f) does not preclude a local authority from being more restrictive with respect to the hours of sale, service, or consumption of beer at a temporary special event.
     (g) Beer 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.
     (h) (i) Beer may not be sold at less than the cost of the beer to the permittee.
     (ii) Beer may not be sold at a price that encourages over consumption or intoxication.
     (iii) Beer may not be sold at a special or reduced price for only certain hours of the day of the permitted event.
     (iv) The sale or service of more than one beer beverage for the price of a single beer beverage is prohibited.
     (v) The permittee may not engage in a public promotion involving or offering free beer to the general public.
     (i) The permittee and its employees may not permit an attendee to carry from the premises an open container that:
     (i) is used for drinking purposes; and
     (ii) contains any alcoholic beverage.
     (j) A minor may not sell, serve, dispense, or handle any beer at a temporary special event.
     (3) The following acts or conduct at an event for which a permit is issued under this part 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; or
     (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

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     (iv) scenes wherein a person displays the vulva, 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).
     (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 beer; and
     (b) the revenue from sale of beer.
     (7) A temporary special event beer permit may not be transferred.
     (8) A temporary special event beer 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 permittee.

Amended by Chapter 268, 2004 General Session