DAR File No. 32585

Alcoholic Beverage Control, Administration

R81-5-11

Price Lists

NOTICE OF PROPOSED RULE

DAR File No.: 32585
Filed: 04/29/2009, 04:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being proposed to implement 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:

This amendment removes the word "private" where it appears in the rule. Clubs in Utah are no longer private. The rule also exchanges the terms "members, guests, and visitors" for the term "patrons". This change is made because clubs are no longer required to sell memberships.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--This amendment does not change the original intent of the rule, it merely removes and replaces terminology that is no longer pertinent. The amendment does not affect the state's budget.

local governments:

None--This amendment does not change the original intent of the rule, it merely removes and replaces terminology that is no longer pertinent. Local governments are not affected by this amendment.

small businesses and persons other than businesses:

None--This amendment does not change the original intent of the rule, it merely removes and replaces terminology that is no longer pertinent. There will be no fiscal effect for small businesses from this amendment.

Compliance costs for affected persons:

None--This amendment does not change the original intent of the rule, it merely removes and replaces terminology that is no longer pertinent. The amendment carries no compliance requirements.

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

Businesses will not see a fiscal impact from this rule amendment. Dennis R. Kellen, 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:

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:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Dennis R. Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-5. [Private ]Clubs.

R81-5-11. Price Lists.

(1) Each licensee shall have available for its patrons a printed price list containing current prices of all mixed drinks, wine, beer, and heavy beer. This list shall include any amounts charged by the licensee for the service of packaged liquor, wine or heavy beer. A copy shall be kept on the club premises and available at all times for examination by [the members, guests, and visitors to]patrons of the club.

(2) Any printed menu, master beverage price list or other printed list is sufficient as long as the prices are current and the list is readily available to the patron.

(3) Customers shall be notified of the price charged for any packaged liquor, wine or heavy beer and any service charges for the supply of glasses, chilling, or wine service.

(4) A licensee or his employee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the licensed premises.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [June 27, 2008]2009

Notice of Continuation: September 7, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107; 32A-5-107(18); 32A-5-107(23)