Alcoholic Beverage Control, Administration

Section R81-4E-2

Application

Notice of Proposed Rule

(Amendment)

DAR File No.: 35947
Filed: 03/15/2012 04:39:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to establish a firm deadline for filing an application for a resort liquor license.

Summary of the rule or change:

Resort liquor licenses are granted by the Alcoholic Beverage Control Commission at its regular monthly meeting. This rule establishes the 10th of the month as a deadline for filing a completed application for a license. If the 10th falls on a Saturday, Sunday, or state or federal holiday, the filing deadline is on the next business day after the 10th of the month. Late filings will be considered by the commission the following month.

State statutory or constitutional authorization for this rule:

• Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--This rule merely enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on the state budget for costs or savings.

local governments:

None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identity any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on local government budgets for costs or savings.

small businesses:

None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and to prepare summaries and recommendations for the commission. The rule will have no effect on small business budgets for costs or savings. At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.

persons other than small businesses, businesses, or local governmental entities:

None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on other persons' budgets for costs or savings. At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.

Compliance costs for affected persons:

At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.

Comments by the department head on the fiscal impact the rule may have on businesses:

The department's application forms state that an application and supporting documentation must be completed and submitted to the department no later than the 10th of the month to be considered by the commission. However, this has been treated as a "soft" deadline by many applicants who press staff to make exceptions for them. This has resulted in last minute modifications to commission agendas causing confusion during commission meetings. This rule formalizes the deadline and requires applicants to complete the application process by a date certain which will give staff the time they need to fully process the applications for the commission.

Francine Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6446, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2012

This rule may become effective on:

05/08/2012

Authorized by:

Francine Giani, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-4E. Resort Licenses.

R81-4E-2. Application.

[(1) A license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of a resort license when the requirements of Sections 32B-1-304, 32B-5-201, -204, and 32B-8-202, -203 and -302 have been met, a completed application has been received by the department, and the resort premises have been inspected by the department.](1) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of a resort license until:

(a) The applicant has first met all requirements of Sections 32B-1-304 (qualifications to hold the license), and 32B-5-201, -204 and 32B-6-204 (submission of a completed application, payment of application and licensing fees, written consent of local authority, a copy of a current business license, evidence of proximity to certain community locations, a bond, a floor plan, and public liability and liquor liability insurance); and

(b) the department has inspected the resort premise.

(2) Pursuant to 32B-5-203 and 32B-8-204, each sublicense of a resort license is not required to:

(a) submit an application or renewal application that is separate from the resort license application;

(b) carry public liability or dramshop insurance coverage that is separate from that carried by the resort licensee; or

(c) post a bond that is separate from the bond posted by the resort licensee if the aggregate of any bonds posted by the resort licensee covers each sublicense under the resort license.

(3) Pursuant to 32B-8-302, a resort spa sublicense is not required to file a separate application from the application for the resort license unless the resort spa sublicense is being sought after the resort license has already been granted. If a resort licensee seeks to add a resort spa sublicense after its resort license is granted, the application shall comply with 32B-8-204(3)(b), and this rule.

(4)(a) All application requirements of Subsections (1)(a) and (3) must be filed with the department no later than the 10th day of the month in order for the application to be included on that month's commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of Subsection (1)(a) must be filed on the next business day after the 10th of the month.

(b) An incomplete application will be returned to the applicant.

(c) A completed application filed after the deadline in Subsection (2)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [January 26, 2010]2012

Authorizing, and Implemented or Interpreted Law: 32A-1-107