DAR File No. 32571

Alcoholic Beverage Control, Administration

R81-4C-10

Consumption at Patron's Table

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 32571
Filed: 04/28/2009, 04:06
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is being proposed to implement 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:

This rule change 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 change 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. 32569 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 change simply clarifies where patrons may be seated and where alcoholic beverages may be dispensed and stored. It also eliminates the need for state labels on bottles of wine and heavy beer sold in restaurants. There will be no cost or savings to the state budget if these rule changes are made.

local governments:

None--This change deals with issues surrounding alcohol storage, dispensing, and consumption in restaurants. This does not affect local ordinances or local government agencies.

small businesses and persons other than businesses:

None--Many restaurants are small businesses. This rule change deals with alcohol storage, dispensing, and consumption. No part of the change will have a fiscal impact on their operations.

Compliance costs for affected persons:

None--There will be no compliance costs involved in eliminating the need for state labels on liquor containers nor for a restaurant owner being authorized to store and dispense alcoholic beverages from a grandfathered bar structure.

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

No part of this change will create a fiscal impact on businesses in Utah. 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. The provisions of this rule change must be in effect at that time to provide guidelines for licensees on the services of alcohol in their establishments.

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.

R81-4C. Limited Restaurant Licenses.

R81-4C-10. 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 wine and heavy beer consumed in a limited 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: July 31, 2008

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