Alcoholic Beverage Control, Administration

Rule R81-4A

Restaurant Liquor Licenses

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34790
Filed: 05/10/2011 11:16:38 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 32A-1-107 authorizes the ABC Commission to adopt and issue rules; set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and prescribe the conduct, management, and equipment of any premises where alcohol is sold, served, consumed, or stored.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Section R81-4A-2 was amended to allow for conditional restaurant licensing under Subsection 32A-1-107(5). Sections R81-4A-10 and 11 were amended to allow wine, beer and heavy beer to be served not only at a patron's table, but at a counter, or "grandfathered" bar structure. Section R81-4A-15 was enacted to further define "grandfathered" bar structures. No public comments received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule regulates operations at establishments holding full-service restaurant liquor licenses. It establishes operational guidelines for businesses that operate with a liquor license during some hours of the day and a beer license during other hours of the same day; requires license applicants to bring their completed applications before the ABC Commission for approval; clarifies compliance bond and insurance requirements; establishes procedures by which a restaurant licensee orders liquor from liquor stores; sets hours of operation; establishes food sales and record requirements; sets liquor storage requirements; establishes regulations for the use of alcoholic product flavorings; requires that alcoholic beverage service and consumption must be at a patron's table, counter, or "grandfathered" bar structure; sets requirements for alcoholic beverage menus and price lists; requires restaurant employees to wear an ID badge; permits brownbagging of alcoholic beverages onto the restaurant premises for use at privately hosted events; and further defines "grandfathered" bar structures. All of the regulations set forth in this rule remain important and applicable to the operations of a full-service restaurant. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Earl Dorius at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at edorius@utah.gov
• Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov

Authorized by:

Dennis Kellen, Director

Effective:

05/10/2011