Amend the committee report, as and if amended, page [3138-1], by striking lines 28 through 31, as contained in SECTION 1 and inserting therein the following:
/ "Section 61-6-2017. (A) This section authorizes the department to issue a festival liquor by the drink license, not to exceed a period of five days that can be used on any day of the week subject to the requirements of Section 61-6-2010(C) and (D), to an applicant that meets the following requirements: /
Amend the committee report further, as and if amended, page [3138-1], by striking lines 36 through 42, as contained in SECTION 1 and inserting therein the following:
/ (2) the festival, on a daily basis, must be bona fide engaged primarily and substantially in the preparation and serving of meals as defined in Section 61-6-20(2);
(3) the festival must have a projected attendance of at least thirty thousand people during the time the festival is held, and past attendance may be considered; /
Amend the committee report further, as and if amended, page [3138-2], by striking lines 7 through 15, as contained in SECTION 1 and inserting therein the following:
/ (6) the festival applicant shall establish a procedure that requires sufficient identification to determine that individuals who have paid for entrance to the festival and who are purchasing alcoholic beverages meet the age requirements to consume alcohol and further requires those individuals purchasing alcoholic beverages maintain in their possession a personal identifier that is easily identified by a server of alcoholic beverages, as well as requiring that alcoholic beverages are served in beverage containers that are distinct in color or design from the beverage containers used to serve nonalcoholic beverages; and
(7) the festival shall employ a security service licensed by the State Law Enforcement Division. /
Amend the committee report further, as and if amended, page [3138-2], by striking lines 24 through 36, as contained in SECTION 1 and inserting therein the following:
/ (C) The department shall charge a nonrefundable filing fee of thirty-five dollars for processing an application for a festival liquor by the drink license. Applications for the festival liquor by the drink license must also be accompanied by the license fee of three thousand dollars payable to the department. License fees must be deposited with the State Treasurer or are refundable if a license is not issued or is returned in accordance with subsection (B). The application must include a statement by the applicant as to the nature, acreage of location, information requested in subsection (A), and dates of the festival. All of the buildings and grounds of the defined festival location that are under the direct control of the festival liquor by the drink license holder are presumed to be the premises used by the licensee to conduct the festival, including, but not limited to, the areas designated within the festival for entertainment, cultural events, food and beverage services, and retail spaces. The department in its discretion may specify the terms and conditions of the license, pursuant to existing statutes and regulations governing these applications. /
Amend the committee report further, as and if amended, page [3138-3], by striking lines 3 through 8, as contained in SECTION 1 and inserting therein the following:
/ (E) The applicant must undergo a state criminal records check, supported by fingerprints, by the State Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal record checks must be reported to the department. The applicant is responsible for all costs associated with the criminal record checks. The department shall deny the application if the criminal record checks are not submitted with the application and filing fee or if they are obtained more than ninety days before the date of the festival. /
Amend the committee report, as and if amended further, page [3138-3], by striking line 16, as contained in SECTION 1 and inserting therein the following:
/ liquors.
(H)(1) In addition to all other requirements, a licensee under this section is required to obtain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one million dollars during the period of the festival or, for a governmental entity, agency, or political subdivision as defined in Section 15-78-30 that is licensed or permitted as described above, that governmental entity, agency, or political subdivision must maintain liquor liability coverage with liability limits of at least the limit of liability as provided in Section 15-78-120(a)(1) and (a)(2) or must maintain liability insurance through the insurance reserve fund. Failure to maintain this coverage constitutes grounds for suspension or revocation of the license. Each applicant for this license shall include in the application for the festival liquor by the drink license documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.
(2) Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed under this section for a festival liquor by the drink license must notify the department in a manner prescribed by the department regulation of the lapse or termination of the liquor liability insurance policy or the general liability policy with a liquor liability endorsement." /
Amend the committee report further, as and if amended, page [3138-3], after line 16 by inserting an appropriately numbered new SECTION to read:
/ SECTION__. Section 61-6-1620(A) of the 1976 Code is amended to read:
"(A) This article authorizes the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600, or 61-6-1610, and 61-6-2017." /
Renumber sections to conform.
Amend title to conform.