DAR File No. 32558

Alcoholic Beverage Control, Administration

R81-4A-10

Table Service

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 32558
Filed: 04/27/2009, 02:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule is being filed to implement the provisions of S.B. 187 which was passed by the 2009 State Legislature. (DAR NOTE: S.B. 187 (2009) is found at Chapter 383, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

S.B. 187 provides for service at a counter and grandfathered bar structure, as well as a table, in a restaurant. This rule is written to add counters and grandfathered bar structures to the service areas in restaurants and to clarify provisions for the service of beer and heavy beer in sealed containers in those service areas. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32557 in this issue, May 15, 2009, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--Licensed restaurants have always been authorized to sell beer and heavy beer. This rule merely clarifies the service of those products at a patron's table, counter, or grandfathered bar structure. This clarification will not affect the state budget.

local governments:

None--The service of beer and heavy beer in restaurants is regulated by the Department of Alcoholic Beverage Control (DABC) and does not affect local governments.

small businesses and persons other than businesses:

None--Small businesses holding restaurant licenses are already authorized to sell beer and heavy beer. This change simply clarifies how those products may be served to patrons.

Compliance costs for affected persons:

None--Implementing this rule will have no added compliance costs to restaurant owners. This change clarifies the provision for service of beer and heavy beer in restaurants.

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

Rules of etiquette mandate that a server open and pour a can or bottle of beer in front of the patron. Other liquor dispensing is not permitted at a counter or table. This change will help restaurant owners understand the difference. It will have no fiscal impact on these or other businesses. Dennis R. Kellen, Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

The restaurant provisions in S.B. 187 were effective on 05/12/2009. This does not allow time for this rule to go through the regular rulemaking process. It is necessary that the rule be in effect when the law takes effect since the rule clarifies some of the law's provisions.

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:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at smackay@utah.gov

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:

This rule is effective on:

05/01/2009

Authorized by:

Dennis R. Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-4A. Restaurant Liquor Licenses.

R81-4A-10. Table, Counter, and "Grandfathered Bar Structure" Service.

(1) A wine service may be performed by the server at the patron's table, counter, or "grandfathered bar structure" for wine either purchased at the restaurant or carried in by a patron[, provided the wine has an official state label affixed]. The wine may be opened and poured by the server.

(2) Beer and heavy beer, if in sealed containers, may be opened and poured by the server at the patron's table, counter, or "grandfathered bar structure".

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: May 1, 2009

Notice of Continuation: September 6, 2006

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