Alcoholic Beverage Control, Administration

Section R81-1-30

Draft Beer Sales/Minors on Premises

Notice of Proposed Rule

(Amendment)

DAR File No.: 35056
Filed: 07/14/2011 10:06:49 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsequent to S.B. 314 passed in the 2011 General Session, Alcoholic Beverage Control reviewed all of the administrative rules and determined the need to add a section to Rule R81-1 (new Section R81-1-30) to clarify that minors may be on the premises where draft beer is sold, but not on the premises of a tavern as defined in statute and to clarify that local authorities and licensees have the ability to exclude minors from premises that have the atmosphere or appearance of a tavern.

Summary of the rule or change:

This rule amendment clarifies that minors are allowed on the premises where draft beer is sold, but not on the premises of a tavern as defined in statute. It also clarifies that local authorities and licensees have the authority to exclude minors from premises or portions of premises that have the atmosphere or appearance of a tavern.

State statutory or constitutional authorization for this rule:

• Subsection 32B-6-706(7)
• Section 32B-2-202

Anticipated cost or savings to:

the state budget:

None--This rule amendment simply clarifies where minors are allowed on licensed premises and there are no costs or savings to the state budget.

local governments:

None--If local governments regulate in this area, the process and any associated costs will be included in established ordinance making procedures. There should be no costs or savings to local governments.

small businesses:

None--Many licensees are small businesses, and this amended rule is one of many regulatory rules that licensees must adhere to in the course of their normal business routines. There should be no additional costs or savings to small businesses because of this amended rule.

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

None. This rule amendment clarifies where minors may and may not be allowed on the premises or portions of licensed premises. There will be no costs or savings to other persons.

Compliance costs for affected persons:

This amended rule is one of many regulatory rules that licensees must adhere to in the course of their normal business operations. There should be no additional compliance costs for affected persons.

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

This amended rule will help licensees and local governments because it clarifies their ability and authority to regulate where minors can be on the portions of premises that have the atmosphere and appearance of a tavern. This is one of many regulations that licensed establishments must abide by. This rule will have no fiscal impact on businesses.

Dennis 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:

• Neil Cohen at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at ncohen@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:

08/31/2011

This rule may become effective on:

09/22/2011

Authorized by:

Dennis Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-30. Draft Beer Sales/Minors on Premises.

A state license that authorizes the sale of beer on the premises also authorizes the licensee to sell beer on draft regardless of the nature of the business (e.g. cafe, restaurant, pizza parlor, bowling alley, golf course clubhouse, club, tavern, etc.). Minors may not be precluded from establishments based upon whether draft beer is sold. However, minors may not be employed by or be on the premises of any establishment or portion of an establishment which is a "tavern" as defined in Section 32B-1-102(112). This does not preclude local authorities and licensees from excluding minors from premises or portions of premises which have the atmosphere or appearance of a "tavern" as so defined.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [February 24, ]2011

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: [32A-1-106(9)]32B-2-201(10); [32A-1-107]32B-2-202; [32A-1-119(5)(c)]32B-3-203(3)(c); [32A-1-702]32B-1-305; [32A-1-703]32B-1-306; [32A-1-704]32B-1-307; [32A-1-807]32B-1-607; [32A-3-103(1)(a)]32B-1-304(1)(a); [32A-4-103(1)(a)]; [32A-4-106(1)(a)]; [32A-4-203(1)(a)]; [32A-4-304(1)(a)]; [32A-4-307(1)(a)]; [32A-4-401(1)(a)]; [32A-5-103(1)(a)]; [32A-6-103(2)(a)]; [32A-7-103(2)(a)]; [32A-7-106(5)]32B-6-702; [32A-8-103(1)(a)]; [32A-8-503(1)(a)]; [32A-9-103(1)(a)]; [32A-10-203(1)(a)]; [32A-10-206(14)]32B-6-805(3); [32A-10-303(1)(a)]; [32A-10-306(5)]32B-9-204(4); [32A-11-103(1)(a)]; [32A-12-212(1)(b) and (c)]32B-4-414(1)(b) and (c)