32A-10-301 (Repealed 07/01/11) - Commission's power to grant temporary special event beer permits -- Limitations.
32A-10-301 (Repealed 07/01/11). Commission's power to grant temporary specialevent beer permits -- Limitations.
(1) Beginning May 5, 2003, before any person may sell beer at retail for on-premiseconsumption at a temporary special event that does not last longer than 30 days, the person shallfirst 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 inSection 32A-10-101; or
(ii) other written consent of the local authority to sell beer at retail for on-premiseconsumption at a temporary special event.
(2) The commission may issue a temporary special event beer permit for the purpose ofallowing the sale of beer for on-premise consumption at a temporary special event that does notlast longer than 30 days.
(3) (a) The temporary special event beer permit shall authorize, for a period not to exceed30 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 atotal of 90 days in any one calendar year.
(c) A temporary special event beer permit may not be issued or obtained for the purposeof avoiding or attempting to avoid the requirement of state licensing under Part 2, On-PremiseBeer Retailer License.
(4) (a) The 600 foot and 200 foot proximity limitations to educational, religious, andrecreational facilities that are applicable to state stores, package agencies, and licensees, do notapply to a temporary special event beer permit.
(b) Notwithstanding Subsection (4)(a), nothing in this section prevents the commissionfrom considering the proximity of any educational, religious, or recreational facility, or any otherrelevant factor in deciding whether to grant a temporary special event beer permit.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 314, 2003 General Session