§ 32B-9-403 — Director's power to issue temporary beer event permit.

(1) Before a person may sell, offer for sale, or furnish beer at retail for on-premise consumption at an event, the person shall obtain in accordance with this part:

(1)(a) a single event permit; or
(1)(b) (1)(b)(i) a temporary beer event permit; and
(1)(b)(ii) (1)(b)(ii)(A) a beer permit issued by the local authority as provided in Section 32B-9-404; or
(1)(b)(ii)(B) written consent of the local authority to sell beer at retail for on-premise consumption at the event.
(2) (2)(a) Subject to Subsection (4), the director may issue a temporary beer event permit to allow the sale, offering for sale, or furnishing of beer for on-premise consumption only at an event that does not last longer than 30 days.
(2)(b) A temporary beer event permit authorizes, for a period not to exceed 30 days, the storage, sale, offer for sale, furnishing, and consumption of beer at an event.
(2)(c) If a person obtains a temporary beer event permit for an event that lasts no longer than 30 days, an on-premise beer retailer license is not required for the sale of beer at the event.
(3) (3)(a) The director may not issue a temporary beer event permit to a person if the aggregate of the days that the person is authorized to store, sell, offer for sale, or furnish an alcoholic product under a temporary beer event permit will exceed a total of 90 days in any one calendar year.
(3)(b) The director may not issue, and a person may not obtain, a temporary beer event permit to avoid or attempt to avoid the requirement to be licensed under Chapter 6, Part 7, On-Premise Beer Retailer License.
(4) Before the director issues or denies the issuance of a temporary beer event permit under this section, the director shall comply with Section 32B-9-202.

Legislative History

Amended by Chapter 365, 2012 General Session