Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 13 (2016GS)

Sponsor

Rep. Oda, C.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the issuance or denial of an event permit; and
• makes technical changes.

Every vote on this bill

Bill text

ALCOHOLIC BEVERAGE EVENT PERMIT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill modifies the Alcoholic Beverage Control Act to address event permits.
Highlighted Provisions:
This bill:
▸ addresses the issuance or denial of an event permit; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-9-202
, as last amended by Laws of Utah 2012, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-9-202
 is amended to read:
32B-9-202.
Duties before issuing event permit.
(1) (a) Before the director may issue an event permit, the department shall conduct an
investigation and may hold public hearings to gather information and make recommendations
to the director as to whether the director should issue an event permit.
(b) The department shall forward the information and recommendations described in
Subsection (1)(a) to the director and the Compliance, Licensing, and Enforcement
Subcommittee to aid in the determination.
(2) Before issuing an event permit, the director shall:
(a) determine that the person filed a complete application and is in compliance with:
(i) Section 
32B-9-201
; and
(ii) the relevant part under this chapter for the type of event permit for which the
person is applying;
(b) determine that the person is not disqualified under Section 
32B-1-304
;
(c) consider the purpose of the organization or its local lodge, chapter, or other local
unit;
(d) consider the times, dates, location, estimated attendance, nature, and purpose of the
event;
(e) to minimize the risk of minors being sold or furnished alcohol or adults being
overserved alcohol at the event, [
assess the adequacy of control measures for:
] 
determine that
adequate and appropriate control measures and adequate and appropriate enforcement measures
are in place at the event to assure that minors will not be sold or furnished alcohol and that
adults will not be overserved, except that adequate and appropriate control and enforcement
measures may be different for small, large, indoor, or outdoor events;
[
(i) a large-scale public event when the estimated attendance is in excess of 1,000
people; or
]
[
(ii) an outdoor public event;
]
(f) determine that the event permit is not being sought by the person as a means to
circumvent other applicable requirements of this title, notwithstanding that the applicant may
hold one or more licenses issued under this title;
(g) consider, for the period of three years before the date of the event, the violation
history of:
(i) the applicant; and
(ii) the venue where the event will be held;
[
(f)
] 
(h)
 obtain the approval of the Compliance, Licensing, and Enforcement
Subcommittee before issuing an event permit;
[
(g)
] 
(i)
 notify each commissioner at least three business days before the director issues
the event permit in accordance with Subsection (3); and
[
(h)
] 
(j)
 consider any other factor the director considers necessary.
(3) (a) The director shall inform each commissioner of the director's preliminary
decision to issue or deny the issuance of an event permit three business days before the
decision is to be final.
(b) The preliminary decision becomes a final decision of the director:
(i) unless within three business days of receipt of the notice at least three of the
commissioners request a meeting to discuss whether the event permit should be issued; or
(ii) the director modifies or revokes the preliminary decision to issue or deny issuance
of the event permit.
(c) If three or more of the commissioners request a meeting, the applicant for the event
permit shall be notified and the commission:
(i) shall hold a meeting on the application for an event permit no later than the next
regularly scheduled meeting of the commission; and
(ii) [
may
] 
shall
 issue [
or deny issuance of
] the event permit if the applicant meets the
requirements of this chapter 
or shall deny issuance of the event permit if the applicant fails to
meet the requirements of this chapter
.
(d) Notwithstanding the other provisions of this Subsection (3), the director may at any
time refer an application for an event permit directly to the commission for a determination as
to whether an event permit should be issued or denied.
(e) For purposes of this title, an event permit issued by the commission is to be treated
the same as an event permit issued by the director.
(f) If the commission finds that an event permit was improperly issued or that the
permittee has violated this chapter, the commission may take any action permitted under this
title.
(4) Once the director issues an event permit, the department shall send a copy of the
approved application and the event permit by written or electronic means to the state and local
law enforcement authorities at least three days before the event.
(5) The director shall provide the commission a monthly report of the actions taken by
the director under this part.
(6) If authorized by the director, the deputy director may act on behalf of the director
for purposes of issuing an event permit under this chapter.