(1)(a) A person listed in subsection (9) of
this section may file a festival permit application with the state licensing authority.
The applicant must:
(I)Specify the licensed premises for the first of the festivals to be held;
(II)File the application at least thirty calendar days before the festival is to
be held; and
(III)Include a fifty-dollar processing fee for the first festival with the
application filed with the state licensing authority.
(b)(I) A local licensing authority may create a local permit for festivals;
except that a limited winery licensee or winery licensee need not obtain a local
permit to participate in or hold a festival. If a local licensing authority does not
create a local permit under this subsection (1)(b), an applicant need not obtain a
local p
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(1) (a) A person listed in subsection (9) of
this section may file a festival permit application with the state licensing authority.
The applicant must:
(I) Specify the licensed premises for the first of the festivals to be held;
(II) File the application at least thirty calendar days before the festival is to
be held; and
(III) Include a fifty-dollar processing fee for the first festival with the
application filed with the state licensing authority.
(b) (I) A local licensing authority may create a local permit for festivals;
except that a limited winery licensee or winery licensee need not obtain a local
permit to participate in or hold a festival. If a local licensing authority does not
create a local permit under this subsection (1)(b), an applicant need not obtain a
local permit under this subsection (1)(b) to conduct festivals.
(II) If a licensee is applying for both a festival permit and a special event
liquor permit issued under article 5 of this title 44, the licensee need not apply for
any local permit established in accordance with subsection (1)(b)(I) of this section.
(c) If a festival permittee notifies the state licensing authority and the
appropriate local licensing authority of the location of and dates of each festival at
least thirty calendar days before holding the festival, the permittee may hold up to,
but no more than, nine festivals during the twelve months after the festival permit
is issued. Beginning January 1, 2024, a permittee may hold up to nine festivals
during each calendar year.
(2) The licensee that holds the festival must file the application for the
permit, but other licensees may jointly participate under the permit issued to the
licensee that applied for the permit, subject to the limitations specified in
subsection (2.5) of this section.
(2.5) A licensee may participate in up to fifty-two festivals each calendar
year, including up to nine festivals held under a festival permit issued to the
licensee pursuant to subsection (1)(c) of this section.
(3) Notification of all subsequent festivals shall be by supplemental
application, as approved by the state licensing authority. A fifty-dollar processing
fee is required for each subsequent festival.
(4) The state licensing authority may deny a festival permit or supplemental
application for any of the following reasons:
(a) A documented history of violations of this article 3 or rules issued under
this article 3 by any participating licensee;
(b) The filing of an incomplete or late application; or
(c) A finding that the application, if granted, would result in violations of this
article 3 or rules issued under this article 3 or violations of the laws of a local
government.
(5) After the issuance of an initial festival permit, all supplemental
applications that are complete and filed in a timely manner are deemed approved
unless the state licensing authority provides the permittee with a notice of denial at
least seventy-two hours prior to the date of the event.
(6) Notwithstanding any other provision of this article 3, the permittee and
participating licensees are authorized to use the licensed premises jointly to
conduct alcohol beverage tastings and to engage in the same retail sales of alcohol
beverages that the permittee and participating licensees are authorized to conduct
at their licensed premises. A festival permit does not authorize the permittee to use
the licensed premises for more than seventy-two hours for any one festival.
(7) If a violation of this article 3 occurs during a festival and the licensee
responsible for the violation can be identified, the state or local licensing authority
may charge and impose appropriate penalties on the licensee. If the responsible
party cannot be identified, the state licensing authority may send a written notice to
every licensee identified on the permit application and may fine each the same
dollar amount, which fine must not exceed twenty-five dollars per licensee or two
hundred dollars in the aggregate. A joint fine levied pursuant to this subsection (7)
does not apply to the revocation of the licensee's license under section 44-3-601.
(8) A joint fine levied pursuant to subsection (7) of this section shall not
create or increase civil liability under section 44-3-801 (3) for a participating
licensee or create joint liability for such a licensee.
(9) This section applies to a person licensed under section 44-3-402, 44-3-403, 44-3-407, 44-3-411, 44-3-413, 44-3-414, 44-3-417, 44-3-422, or 44-3-426.
(10) The state licensing authority may adopt rules necessary to implement
and administer this section.