DAR File No. 32560
This filing was published in the 05/15/2009, issue, Vol. 2009, No. 10, of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
R81-4A-11
Consumption at Patron's Table
NOTICE OF 120-DAY (EMERGENCY) RULE
DAR File No.: 32560
Filed: 04/27/2009, 03:38
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This emergency rule is being filed to implement S.B. 187 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:
This rule adds counters and grandfathered bar structures to the areas in a restaurant where alcoholic beverages may be consumed. It also deletes language that prohibits tables, counters, and grandfathered bar structures from being in an area where liquor is stored or dispensed. Finally, the rule eliminates the need for a state label on containers of alcoholic beverage sold in restaurants. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32559 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--This rule simply clarifies where patrons may be seated and where alcoholic beverages may be dispensed and stored. There is no cost or savings to the state as a result of this rule.
local governments:
None--This rule deals with issues surrounding alcohol storage, dispensing, and consumption in restaurants. This does not affect local governments.
small businesses and persons other than businesses:
None--Many restaurants are small businesses, but none of the provisions of this rule will have a fiscal impact on their operations.
Compliance costs for affected persons:
None--There should be no compliance costs in eliminating the requirement for state labels on alcoholic beverage containers nor for restaurants having the ability to store and dispense alcoholic beverages at their grandfathered bar structures.
Comments by the department head on the fiscal impact the rule may have on businesses:
There should be no fiscal impact on businesses as a result of this rule. Dennis R. Kellen, Director
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
S.B. 187 was effective on 05/12/2009. It is important for the provisions of this rule to be in place when the law takes effect.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Alcoholic Beverage ControlAdministration
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
RULE TEXT
R81. Alcoholic Beverage Control, Administration.
R81-4A. Restaurant Liquor Licenses.
R81-4A-11. Consumption at Patron's Table, Counter, and "Grandfathered Bar Structure".
(1) A patron's table, counter, or
"grandfathered bar structure" may be located in waiting, patio,
garden and dining areas previously approved by the department[, but may not
be located at the site where alcoholic beverages are dispensed to the server or
stored].
(2) Consumption of any alcoholic beverage must be within a reasonable proximity of a patron's table, counter, or "grandfathered bar structure so as to ensure that the server can maintain a written beverage tab on the amount of alcoholic beverages consumed.[
(3) All liquor consumed in a licensed restaurant
must come from a container or package having an official state label affixed.]
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
ADDITIONAL INFORMATION
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact 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 For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 05/13/2009 2:52 PM