DAR File No. 37370

Alcoholic Beverage Control, Administration

Section R81-4D-2

Application

Notice of Proposed Rule

(Amendment)

DAR File No.: 37370
Filed: 02/28/2013 03:42:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsection 32B-5-201(2)(e) requires that an applicant submit a business license as part of their application for a retail license. This rule clarifies the meaning of a "business license".

Summary of the rule or change:

This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied.

State statutory or constitutional authorization for this rule:

• Subsection 32B-5-201(2)(e)
• Section 32B-1-607

Anticipated cost or savings to:

the state budget:

None--This rule filing simply clarifies the application requirements for a retail license.

local governments:

None--This rule filing simply clarifies the application requirements for a retail license.

small businesses:

None--This rule filing simply clarifies the application requirements for a retail license.

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

None--This rule filing simply clarifies the application requirements for a retail license.

Compliance costs for affected persons:

None--This rule filing simply clarifies the application requirements for a retail license.

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

None--This rule filing simply clarifies the application requirements for a retail license.

Salvador D. Petilos, 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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, 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:

04/15/2013

This rule may become effective on:

04/22/2013

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-4D. On-Premise Banquet License.

R81-4D-2. Application.

(1) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of an on-premise banquet 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-6-604 (submission of a completed application, payment of application and licensing fees, written consent of local authority, [a] copy of [a ]current local business license(s) necessary for operation of an on-premise banquet catering 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 on-premise banquet premise.

(2) The application shall include a floor plan showing the locations of function space in or on the applicant's business premises that may be reserved for private banquet functions where alcoholic beverages may be stored, sold or served, and consumed. Hotels shall also indicate the number of sleeping rooms where room service will be provided and include a sample floor plan of a guest room level. No application will be accepted that merely designates the entire hotel, resort, sports center or convention center facility as the proposed licensed premises.

(3)(a) All application requirements of Subsection (1)(a) and (2) 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 day of the month.

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

(c) A completed application filed after the deadline in Subsection (3)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.

(4) Pursuant to 32B-6-604(6)after an on-premise banquet license has been issued, the licensee may apply to the department for approval of additional locations in or on the premises of the hotel, resort, sports center or convention center that were not included in the licensee's original application. The additional locations must:

(i) be clearly defined;

(ii) be configured to ensure separation between any private banquet function and other areas of the facility that are open to the general public; and

(iii) be configured to ensure compliance with all operational restrictions with respect to the sale, storage, and consumption of alcoholic beverages required by 32B-5-301 to -308 and 32B-6-605.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [May 22, 2012]2013

Notice of Continuation: July 31, 2008

Authorizing, and Implemented or Interpreted Law: 32-1-607; 32B-2-202; 32B-5; 32B-6-601 through 605