DAR File No. 32588

Alcoholic Beverage Control, Administration

R81-5-13

Brownbagging

NOTICE OF PROPOSED RULE

DAR File No.: 32588
Filed: 04/30/2009, 09:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being proposed to implement the provisions of 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 amendment deletes the word "private" where it is found in the rule. It also corrects a statutory reference.

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 alter the intent of the rule. It changes terminology to match that of S.B. 187 and corrects a statutory reference. The state budget will not be affected.

local governments:

None--This amendment does not alter the intent of the rule. It changes terminology to match that of S.B. 187 and corrects a statutory reference. Local governments are not affected.

small businesses and persons other than businesses:

None--This amendment does not alter the intent of the rule. It changes terminology to match that of S.B. 187 and corrects a statutory reference. There will be no effect on small businesses.

Compliance costs for affected persons:

None--This amendment does not alter the intent of the rule. It changes terminology to match that of S.B. 187 and corrects a statutory reference. There are no compliance requirments invoked by amending the rule in this way.

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

This amendment does not change the intent of the rule. Businesses will not be fiscally impacted by its passage. 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.

R81-5-13. Brownbagging.

When private social functions or privately hosted events, as defined in 32A-1-105[(44)](47), are held on the premises of a licensed [private ]club, the proprietor may, in his or her discretion, allow members of the private group to bring onto the club premises, their own alcoholic beverages under the following circumstances:

(1) When the entire club is closed to regular patrons for the private function or event, or

(2) When an entire room or area within the club such as a private banquet room is closed to regular patrons for the private function or event, and members of the private group are restricted to that area, and are not allowed to co-mingle with regular patrons of the club.

 

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)