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ORGANIZERS OF SPECIAL EVENTS
Special events can range from private events such as weddings,
conferences, seminars, conventions, class reunions and private parties,
to public events such as arts festivals, rodeos, community
activities, and political, religious and charitable fund-raisers.
Alcohol service at these special events can be accommodated many
different ways under Utah law. Some may
require issuance of a permit, others may
not.
NO PERMIT
REQUIRED.
There are two situations where
no permit is needed to serve alcohol at an event.
1. The "Privately
Hosted Event" Exception.
If the event is truly private
and not open to the general public, and the alcohol is furnished
by the host without charge to those attending, then
no alcohol permit is required. To qualify for this exception, you
must be hosting a social, business or recreational event for which
(1) an entire room, area,
hall (or building) has been leased or rented in advance;
(2) the event is limited in attendance to people who have been
specifically designated (and their guests); and
(3) the alcoholic beverages are furnished without charge. This
exception does not apply to events to which the general public
is invited, whether for an admission fee or not.
Thus, you will need to establish
some way to determine at the door that only those who have been
invited (and their guests) are admitted, and not the general public.
There can be no indirect sale of alcohol by way of charging admission
or selling tickets to offset the cost of the alcohol. Perhaps the
best example of the "privately hosted event" exception
is a private wedding where those attending have been specially invited
and are on a guest list, and the host provides the alcohol at no
charge to the wedding guests.
You may hold a privately hosted
event for a single day or several days, and there are no set hours
for alcohol service. You may serve any liquor, wine or beer at the
event as long as it has been purchased in Utah. You should also
take precautions to ensure that no one under 21 years of age is
served alcohol at the private event. You could be potentially liable
for serving someone you knew or should have known was under the
age of 21, and they become intoxicated and injure or cause damage
to another person.
Note that under Utah's keg
beer law, any beer served under the "privately hosted event"
exception must be in bottles or cans purchased at retail. Beer may
not be served "on draft" from a keg. The keg law prohibits
anyone, other than a licensed or permitted beer retailer, from being
in possession of beer in containers larger than two liters. It also
prohibits beer distributors or wholesalers from selling keg beer
to anyone other than a licensed or permitted beer retailer. Also,
there is no provision in the law that allows dispensing of "heavy
beer" (over 3.2% alcohol content) on draft from kegs.
Organizers
of privately hosted events hosted by accredited foreign diplomatic
missions, click here.
2. Events Held on a Licensed
Premises.
(A) If
you hold an event on the premises of a restaurant or private club
that already has an alcoholic beverage license you do not need a
separate permit to have alcohol served to your guests. This may
be done two ways:
(1) The alcohol may be provided
under the restaurant's or private club's license out of its own
inventory. The drinks may be paid for by your guests or you may
run a tab for the entire group, and pay for the drinks at the
end of the evening. Under this method, all laws relating to the
manner of alcohol service in the restaurant or private club must
be strictly followed. Thus, you may not serve patrons over the
bar in a restaurant, because the law regulating restaurants only
allows alcohol to be served at the patron's table in connection
with an order for food. Similarly, all laws relating to private
clubs would apply including those restricting use of the club
facilities to club members and holders of visitor cards and their
guests. Under this scenario, beer could be served on draft under
the licensed establishment's alcohol license.
(2) Alternatively, you could
hold a "privately hosted event" on the premises of a licensed
establishment. Under this scenario, your group would provide the
alcohol under all of the guidelines outlined for the "privately
hosted event" exception previously discussed. The alcohol would
be furnished by the group and would not be dispensed from the licensed
establishment's inventory. However, you could hire personnel of
the restaurant or private club to dispense your alcohol to your
guests. Again, no separate alcohol permit would be required. But
3.2% beer as well as heavy beer would have to be served from bottles
or cans, and not from a keg on draft. Back
(B) If you hold and event
at a hotel, convention center, resort, or sports center that holds
an on-premise banquet and catering license, alcohol may be provided
for contracted banquets under the manner of service of a cash bar,
hosted bar or at a meal function (such as a dinner) where the drinks
may be paid for by your guests or you may run a tab for the entire
group, and pay for the alcoholic beverages at the end of the evening.
Utah Code references: "Privately
hosted events" : 32A-1-105(37); 32A-12-213(1)(d)
Keg beer law: 32A-12-206
PERMIT REQUIRED
A permit is required for any
event where alcohol is sold (directly or indirectly), or
the event is open to the general public. If alcohol is sold
either directly at a cash bar, or indirectly as part of a ticket,
admission or registration price, you will need to get a permit.
If you invite the general public to attend either by word of mouth
or through public advertising, you will need a permit.
Temporary Special Event
Beer Permits.
If you only want to sell beer
at your event, you will need a state temporary special event beer
permit. Temporary event permits for the sale of beer (3.2%) are
issued by the Alcoholic Beverage Control Commission for on-premise
consumption at a temporary event that does not last longer than
30 days. Permits are issued by the commission once a month. Application
must be made by the 10th of each month.. Each permit costs $75,
requires you to get the written consent of the local jurisdiction
where the event will be held; and that you obtain a $500 cash or
surety bond in the amount of $500.00 for the duration of the event.
Contact the DABC for assistance
in obtaining the forms to apply for a temporary special event beer
permit. This permit is in addition to any that are required by a
city, town, or county in which the event is held.
For a detailed summary, click
here.
Single Event Permits.
If you want to sell liquor
(distilled spirits, wine and full-strength beer) at your event (i.e.
a "cash bar", or alcohol "included in the price of
admission" situations), or your event will be open to the general
public, you must obtain a state single event permit from the DABC.
There are some limitations associated with these permits:
-- They need to be applied for in well in advance because the DABC
Commission only issues them once a month at its regular meeting.
-- They are only available to bona fide corporations, partnerships,
limited liability corporations, incorporated associations, churches,
and political organizations that have been in existence for at least
one year prior to the date of application. They are also available
to recognized subordinate lodges, chapters, or other local units
of these entities.
--Each permit is only valid for 120 consecutive hours, but each
organization may have up to four permits per calendar year. This
would allow your group to sell alcohol under two permits for a total
of 480 consecutive hours (twenty days).
-- Each permit costs $100.00; requires you to get the written consent
of the local jurisdiction where the event will be held; and that
you obtain a $1000 cash or surety bond in the amount of $1000.00
for the duration of the event.
Contact the DABC for assistance in obtaining the forms to apply
for a single event permit.
For a detailed summary, click
here.
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