DAR File No. 32600
This filing was published in the 05/15/2009, issue, Vol. 2009, No. 10, of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
R81-5-17
Visitor Cards
NOTICE OF PROPOSED RULE
DAR File No.: 32600
Filed: 04/30/2009, 01:47
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:
Since dining and social clubs will no longer be private, and equity and fraternal clubs will deal with memberships according to their bylaws, there is no further need for a club to sell a visitor card. Therefore, this section will be deleted in its entirety.
State statutory or constitutional authorization for this rule:
Section 32A-1-107
Anticipated cost or savings to:
the state budget:
None--The state does not receive any revenues from a club's sale of visitor cards, so eliminating the need for visitor cards will not affect the state budget.
local governments:
None--The practice of selling visitor cards has always been regulated by state government. There will be no cost or savings to local governments resulting from the deletion of this section.
small businesses and persons other than businesses:
The law previously mandated that dining and social clubs could sell visitor cards for a minimum of $4. For the clubs who sold visitor cards, there may be a small reduction in revenue. Since the number of visitor cards sold in a given period of time varies, it is not possible to estimate what this monetary loss may be.
Compliance costs for affected persons:
None--If anything, dining and social clubs may realize a savings in the printing costs of applications and visitor cards, and the time spent keeping records of visitor card sales.
Comments by the department head on the fiscal impact the rule may have on businesses:
Dining and social clubs may realize a savings in the printing costs of applications and visitor cards, and the time spent keeping records of visitor card sales. 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 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 [email protected]
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
RULE TEXT
R81. Alcoholic Beverage Control, Administration.
R81-5. Private Clubs.
[R81-5-17.
Visitor Cards.
(1) Authority.
This rule is pursuant to the commission's powers and duties under
32A-1-107 to act as a general policymaking body on the subject of alcoholic
beverage control and to set policy by written rules that prescribe the conduct
and management of any premises upon which alcoholic beverages may be sold,
consumed, served, or stored.
(2) Purpose.
This rule furthers the intent of 32A-5-107(1) through (7) that private
clubs operate in a manner that preserves the concept that private clubs are
private and not open to the general public.
(3) Application of Rule.
(a) A private club, its employees, agents, or
members, or any person under a contract or agreement with the club, may not, as
part of an advertising or promotional scheme, offer to purchase or purchase in
full or in part a visitor card for a member of the general public.
(b) Notwithstanding section (3)(a), if a private
club is located within a hotel, the hotel may assist the club in the issuance
of a visitor card to a guest of the hotel under the following conditions:
(i) the guest has booked a room and is staying
at the hotel;
(ii) the cost of the visitor card is paid for by
the guest either as a separate charge, or as part of the hotel room rate;
(iii) the private club receives payment of the
fees for all visitor cards issued to guests of the hotel;
(iv) the hotel and the club shall maintain a
current record of each visitor card issued to a guest of the hotel as required
by the commission;
(v) the records required by subsection (iv)
shall be kept for a period of three years and shall be available for inspection
by the department; and
(vi) the issuance of the visitor card is done in
accordance with the procedures outlined in 32A-5-107(6).
]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)
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 [email protected]
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 05/13/2009 6:41 PM