NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Alcoholic Beverage Services, Administration
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
B. Purpose of the new rule or reason for the change:
The purpose of this filing is to better align the Rule R82-9, Event Permit, with the now-current statute after changes in the 2026 General Session.
C. Summary of the new rule or change:
This repeal and readopt revises requirements related to the event permit approval process by reducing the application deadline to 15 days.
Secondly, this amendment makes additional clarifications to current language for ease in readability.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 597 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated impact on the state budget.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026 General Session. The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to the state budget and do not require the department to conduct additional audits.
There is no anticipated impact on local governments.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026). The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to local governments and do not require the department to conduct additional audits.
C. Small businesses ("small business" means a business employing 1-49 persons):
There is no anticipated impact on small businesses.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026). The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to small businesses and do not require the department to conduct additional audits.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There is no anticipated impact on non-small businesses.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026). The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to non-small businesses and do not require the department to conduct additional audits.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no anticipated impact on other persons.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026). The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to other persons and do not require the department to conduct additional audits.
F. Compliance costs for affected persons:
There is no anticipated impact on affected persons.
The proposed revisions align event permit requirements with statutory changes made in HB 597 (2026). The legislative fiscal notes for HB 597 (2026) already account for all fiscal impacts.
The proposed changes do not apply to affected persons and do not require the department to conduct additional audits.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Alcoholic Beverage Services, Ericka Evans, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Melissa Suarez, Executive Assistant
R82. Alcoholic Beverage Services, Administration.
R82-9. Event Permits.
[R82-9-101. Authority and Purpose. (1) Pursuant to Subsections 32B-2-202(1)(c)(i) and 32B-2-202(1)(n), and 32B-9-201(1), this rule establishes procedures and criteria for issuing and denying event permits in accordance with Title 32B, Chapter 9, Event Permit Act. (1) For purposes of Subsection 32B-9-303(2)(a), "Conducting" means managing, controlling, hosting, or directing an event. An applicant may be deemed to be conducting the event if there is a contract in which the applicant has been designated as the agent for the event's alcoholic beverage service. R82-9-201. Application Requirements. (1) The director will not consider an event permit application until the requirements of Sections 32B-1-304, 32B-9-201-203, 32B-9-304 and 32B-9-405 have been met, including: (a) A complete application including all documents and supplemental materials listed on the department's application checklist has been submitted to the department within the time periods delineated in this section; and (b) the department has conducted an investigation in compliance with Subsection 32B-9-202(1)(a). (a) Subject to Subsection R82-9-201(2)(b), applications shall be submitted 30 days before the event to allow sufficient time for processing and approval. (b) A late application may be accepted if the director determines that public safety will not be compromised and sufficient time exists to ensure compliance with the notice requirements mandated in Section 32B-9-202. A late application will be reviewed as time allows and is not subject to the provisions in Subsections R82-9-201.1(1)(ii) and R82-9-201.1(1)(iii). (3) For purposes of Subsection 32B-9-201(2), a substantial change in an event application means a modification that seeks to alter the number of attendees, location, control measures, or any other substantive detail beyond changing the date of the event. R82-9-201.1. Guidelines for Issuing Permits. (1) Once submitted to the director, the application will be considered in accordance with Sections 32B-9-202, 32B-9-303, and 32B-9-403, including consideration of Section R82-9-202. (i) After consideration of the totality of the circumstances, the director will either issue a preliminary decision to issue or deny the event permit or refer the application to the commission in accordance with Subsection 32B-9-202(3). (ii) If the director issues a preliminary decision to deny issuance of an event permit, the decision shall be provided in writing detailing the basis for the denial. (iii) An applicant may submit a request for review by the commission within the time limits of Subsections 32B-9-202(3)(b) and 32B-9-202(3)(c) related to the three business day review period and regularly scheduled commission meetings. If at least three commissioners request review of the denial in compliance with Subsections 32B-9-202(3)(b) and 32B-9-202(3)(c), the commission shall review the request at its next regularly scheduled commission meeting. (2) In accordance with Subsection 32B-9-202(2)(d), the director may authorize multiple sales outlets on different properties under one single event permit, provided that each site conforms to location requirements of Subsection 32B-9-201(1). (3) Any approval, notification, request for a meeting, or requirement to inform under Section 32B-9-202 shall be done electronically. R82-9-202. Additional Consideration for Event Permits. (1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-9-201. (2)(a) The director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise as required in Section 32B-9-303. (b) The local authority may provide a recommendation as to whether an applicant is conducting a civic or community enterprise as part of the written consent of the local authority required in Section 32B-9-201. (3)(a) In accordance with Section 32B-9-202 and except as provided in Subsection (3)(c), the director may not issue an event permit unless the applicant demonstrates the following control measures will be implemented at the event: (i) the event will have at least one location where an individual is required show proof of age before purchasing an alcoholic beverage; (3) Except as provided in Subsection (4), the director may not issue an event permit unless the applicant sufficiently demonstrates in the application the following control measures will be implemented at the event:(a) the event will have at least one location where an individual authorized by the permittee will verify a patron's proof of age before the patron is able to purchase an alcoholic beverage; (b) each individual authorized to verify a patron's proof of age will have completed the alcohol server training seminar described in Section 26B-5-205 within three years before the date of the event; (c) at least one individual who is authorized to verify a patron's proof of age will be required to supervise each location where an alcoholic beverage is sold or dispensed; (d) the event premises will: (i) be secured and delineated by a fence, wall, gate, or other physical structure; and (ii) have secured entryways and exits; (e) security will be provided by at least one police officer, hired security guard, organization staff member, or security volunteer for every 50 individuals estimated to be in the designated alcohol consumption area at one time to reasonably prevent: (i) minors being sold or furnished alcohol at the event; (ii) patrons being overserved alcohol at the event; or (iii) patrons removing alcohol from the designated alcohol consumption area at the event; and (f) if the event is a public event with 1,000 or more attendees where minors will be present or an outdoor event: (i) any alcoholic beverage will be served in a readily identifiable cup or container distinct from the cup or container used for a non-alcoholic beverage; (ii) dispensing and consumption of an alcoholic beverage will be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian; (iii) a location where an individual is required to show proof of age before purchasing an alcoholic beverage will be separate from an alcoholic beverage sales and dispensing location; and (iv) an individual authorized to verify proof of age at the event will issue a hand stamp or non-transferable wristband to an individual legally permitted to purchase an alcoholic beverage at the event. (4) The director may modify any of the control measures described in Subsection (3) to be more or less stringent as a condition of issuing the event permit if the director reasonably determines that the modification will not increase the likelihood of minors being sold or furnished alcohol or attendees being overserved alcohol at the event. (5) Notwithstanding Subsection (3), the director may not issue an event permit if the director determines that the event permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act. (6) Failure of the event permittee to adhere to the control measures described in Subsection (3) at the event is grounds for the Department to take disciplinary action against the event permittee. KEY: alcoholic beverages, event permits
Date of Last Change: 2026[November 22, 2024] Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-9-101 through 32B-9-406
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