DAR File No. 32591

Alcoholic Beverage Control, Administration

R81-5-15

Minors in Lounge or Bar Areas

NOTICE OF PROPOSED RULE

DAR File No.: 32591
Filed: 04/30/2009, 11:37
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 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:

The name of club classifications changes in state law from "A, B, C, or D" to "Equity, Fraternal, Dining, and Social". This amendment makes that change in the rule. The amendment also clarifies that minors may not be on the premises of a social club unless the club has a concert/dance hall permit.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--This amendment only renames the classes of clubs and regulates where minors may and may not be in those clubs. It will have no cost or savings to the state budget.

local governments:

None--Local governments have their own regulation for minors in licensed establishments. This rule governs state regulations and will have no direct effect on local governments.

small businesses and persons other than businesses:

The law previously permitted social (class D) club owners to hire minors to perform maintenance and cleaning services during hours when the club was closed. Some club owners permitted their children to perform these duties. The new law and rule prohibit minors from the premises of social clubs at all times. This may affect many small clubs who will now need to hire a person over the age of 21 to perform this work. It is unknown what the exact cost will be since the Department of Alcoholic Beverage Control (DABC) is unaware of how many clubs use minors for maintenance and cleaning services.

Compliance costs for affected persons:

The law previously permitted social (class D) club owners to hire minors to perform maintenance and cleaning services during hours when the club was closed. Some club owners permitted their children to perform these duties. The new law and rule prohibit minors from the premises of social clubs at all times. This may affect many small clubs who will now need to hire a person over the age of 21 to perform this work. It is unknown what the exact cost will be since DABC is unaware of how many clubs use minors for maintenance and cleaning services.

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

DABC staff feels the legislature's decision to prohibit minors from the premises of social clubs was a responsible and wise decision. Some small clubs may have an added expense in hiring an adult to perform maintenance and cleaning services, but DABC feels the cost is worth the security of not allowing minors in proximity to open liquor. 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.

R81-5-15. Minors in Lounge or Bar Areas.

(1) Pursuant to 32A-5-107[(8)(a)(iv)](2), a minor may not be admitted into, use, or be on the premises of any lounge or bar area of [any class A, B, C, or D of private]an equity, fraternal, or dining club[ except when the minor is employed by the club to perform maintenance and cleaning services during hours when the club is not open for business]. A minor may not be on the premises of a social club except to the extent allowed under 32A-5-107(2)(d), and may not be admitted into, use, or be on the premises of any lounge or bar area of a social club.

(2) "Lounge or bar area" includes:

(a) the bar structure as defined in 32A-1-105(4);

(b) any area in the immediate vicinity of the bar structure where the sale, service, display, and advertising of alcoholic beverages is emphasized; or

(c) any area that is in the nature of or has the ambience or atmosphere of a bar, parlor, lounge, cabaret or night club.

(3) A minor who is otherwise permitted to be on the premises of [a class A, B or C private]an equity, fraternal, or dining club may momentarily pass through the club's lounge or bar area en route to those areas of the club where the minor is permitted to be. However, no minor shall remain or be seated in the club's bar or lounge area.

 

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)