Alcoholic Beverage Control, Administration

Section R81-4D-14

Reporting Requirement

Notice of Proposed Rule

(Amendment)

DAR File No.: 33156
Filed: 11/17/2009 05:10:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being filed to implement provisions of S.B. 187 passed by the 2009 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:

On-premise banquet licensees are required to file reports with the Department of Alcoholic Beverage Control listing their scheduled banquet events at the beginning of each quarter. S.B. 187 created sublicense, a new license type to be held by resort license holders. This rule amendment assigns the same report filing requirements to on-premise banquet sublicensees as to regular on-premise banquet license holders.

State statutory or constitutional authorization for this rule:

• Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--This rule amendment merely states that on-premise banquet sublicensees must file the same quarterly reports as regular on-premise banquet licensees. This will not affect the state budget.

local governments:

None--This rule amendment merely states that on-premise banquet sublicensees must file the same quarterly reports as regular on-premise banquet licensees. Local law enforcement does not regulate this requirement, therefore, there should be no cost to them.

small businesses:

None--This rule amendment merely states that on-premise banquet sublicensees must file the same quarterly reports as regular on-premise banquet licensees.

persons other than small businesses, businesses, or local governmental entities:

None--This rule amendment merely states that on-premise banquet sublicensees must file the same quarterly reports as regular on-premise banquet licensees. This should not involve a fiscal impact for any person.

Compliance costs for affected persons:

Keeping records and filing quarterly reports regarding scheduled banquet events requires a minimal amount of manhours and materials. The compliance for this amendment will be nominal for on-premise banquet sublicensees. Costs will be different for different licensees depending on the number of scheduled events.

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

It is important that all licensees and sublicensees comply with the same regulations for that license type. The amount of time spent reporting on the scheduled banquet events each quarter is minimal and should impose only a minor fiscal impact on any of these businesses.

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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

Dennis Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-4D. On-Premise Banquet License.

R81-4D-14. Reporting Requirement.

(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, and pursuant to 32A-4-406(21).

(2) Purpose. This rule implements the requirement of 32A-4-406(21) that requires the commission to provide by rule procedures for on-premise banquet licensees or sublicensees to report scheduled banquet events to the department to allow random inspections of banquets by authorized representatives of the commission, the department, or by law enforcement officers to monitor compliance with the alcoholic beverage control laws.

(3) Application of the Rule.

(a) An on-premise banquet licensee and an on-premise banquet sublicense licensed under 32A-4a shall file with the department at the beginning of each quarter a report containing advance notice of events or functions that have been scheduled as of the reporting date for that quarter to be held under a banquet contract as defined in R81-4D-1.

(b) The quarterly reports are due on or before January 1, April 1, July 1, and October 1 of each year and may be hand-delivered or submitted by mail or electronically.

(c) Each report shall include the name and specific location of each event.

(d) The department shall make copies of the reports available to a commissioner, authorized representative of the department, and any law enforcement officer upon request to be used for the purpose stated in Section (2).

(e) The department shall retain a copy of each report until the end of each reporting quarter.

(f) Because any report filed under this rule contains commercial information, the disclosure of which could reasonably be expected to result in unfair competitive injury to the licensee or sublicensee submitting the information, and the licensee or sublicensee submitting the information has a greater interest in prohibiting access than the public in obtaining access to the report:

(i) any report filed shall be deemed to include a claim of business confidentiality, and a request that the report be classified as protected pursuant to 63G-2-305 and -309;

(ii) any report filed shall be classified by the department as protected pursuant to 63G-2-305; and

(iii) any report filed shall be used by the department and law enforcement only for the purposes stated in this rule.

(g) Failure of an on-premise banquet licensee or sublicensee to timely file the quarterly reports may result in disciplinary action pursuant to 32A-1-119, 32A-4-406, and R81-1-6 and -7.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [June 24, 2009]2010

Notice of Continuation: July 31, 2008

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