File No. 35946
This rule was published in the April 1, 2012, issue (Vol. 2012, No. 7) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Section R81-4D-2
Application
Notice of Proposed Rule
(Amendment)
DAR File No.: 35946
Filed: 03/15/2012 04:37:55 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to establish a firm deadline for filing an application for an on-premise banquet liquor license.
Summary of the rule or change:
On-premise banquet liquor licenses are granted by the Alcoholic Beverage Control Commission at its regular monthly meeting. This rule establishes the 10th of the month as a deadline for filing a completed application for a license. If the 10th falls on a Saturday, Sunday, or state or federal holiday, the filing deadline is on the next business day after the 10th of the month. Late filings will be considered by the commission the following month.
State statutory or constitutional authorization for this rule:
- Section 32B-2-202
Anticipated cost or savings to:
the state budget:
None--This rule merely enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on the state budget for costs or savings.
local governments:
None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identity any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on local government budgets for costs or savings.
small businesses:
None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and to prepare summaries and recommendations for the commission. The rule will have no effect on small business budgets for costs or savings. At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.
persons other than small businesses, businesses, or local governmental entities:
None--This rule primarily enhances the efficiency of the department by allowing sufficient time to review and process license applications, conduct premise inspections, identify any issues relating to the application, and prepare summaries and recommendations for the commission. The rule will have no effect on other persons' budgets for costs or savings. At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.
Compliance costs for affected persons:
At most, the rule could delay a business's ability to sell alcohol for one month, but only in instances where the business fails to timely file a completed application.
Comments by the department head on the fiscal impact the rule may have on businesses:
The department's application forms state that an application and supporting documentation must be completed and submitted to the department no later than the 10th of the month to be considered by the commission. However, this has been treated as a "soft" deadline by many applicants who press staff to make exceptions for them. This has resulted in last minute modifications to commission agendas causing confusion during commission meetings. This rule formalizes the deadline and requires applicants to complete the application process by a date certain which will give staff the time they need to fully process the applications for the commission.
Francine Giani, Executive 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:
- Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6446, 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:
05/01/2012
This rule may become effective on:
05/08/2012
Authorized by:
Francine Giani, Executive Director
RULE TEXT
R81. Alcoholic Beverage Control, Administration.
R81-4D. On-Premise Banquet License.
R81-4D-2. Application.
[(1) A license application shall be included in the agenda
of the monthly commission meeting for consideration for issuance of
an on-premise banquet license when the requirements of Sections
32B-1-304, 32B-5-204, and 32B-6-604 have been met, a completed
application has been received by the department, and the on-premise
banquet premises have been inspected by the department.](1) No license application will be included on the agenda of a
monthly commission meeting for consideration for issuance of an
on-premise banquet license until:
(a) The applicant has first met all requirements of Sections 32B-1-304 (qualifications to hold the license), and 32B-5-201, -204 and 32B-6-604 (submission of a completed application, payment of application and licensing fees, written consent of local authority, a copy of a current business license, evidence of proximity to certain community locations, a bond, a floor plan, and public liability and liquor liability insurance); and
(b) the department has inspected the on-premise banquet premise.
(2)[(a)] The application shall include a floor plan
showing the locations of function space in or on the
applicant's business premises that may be reserved for private
banquet functions where alcoholic beverages may be stored, sold or
served, and consumed. Hotels shall also indicate the number of
sleeping rooms where room service will be provided and include a
sample floor plan of a guest room level. No application will be
accepted that merely designates the entire hotel, resort, sports
center or convention center facility as the proposed licensed
premises.
[(b) Pursuant to 32B-6-604(6)after an on-premise banquet
license has been issued, the licensee may apply to the department
for approval of additional locations in or on the premises of the
hotel, resort, sports center or convention center that were not
included in the licensee's original application. The additional
locations must:
(i) be clearly defined;
(ii) be configured to ensure separation between any
private banquet function and other areas of the facility that are
open to the general public; and
(iii) be configured to ensure compliance with all
operational restrictions with respect to the sale, storage, and
consumption of alcoholic beverages required by 32B-5-301 to -308
and 32B-6-605.](3)(a) All application requirements of Subsection (1)(a) and (2)
must be filed with the department no later than the 10th day of the
month in order for the application to be included on that
month's commission meeting agenda unless the 10th day of the
month is a Saturday, Sunday, or state or federal holiday, in which
case all application requirements of Subsection (1)(a) must be
filed on the next business day after the 10th day of the
month.
(b) An incomplete application will be returned to the applicant.
(c) A completed application filed after the deadline in Subsection (3)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.
(4) Pursuant to 32B-6-604(6)after an on-premise banquet license has been issued, the licensee may apply to the department for approval of additional locations in or on the premises of the hotel, resort, sports center or convention center that were not included in the licensee's original application. The additional locations must:
(i) be clearly defined;
(ii) be configured to ensure separation between any private banquet function and other areas of the facility that are open to the general public; and
(iii) be configured to ensure compliance with all operational restrictions with respect to the sale, storage, and consumption of alcoholic beverages required by 32B-5-301 to -308 and 32B-6-605.
KEY: alcoholic beverages
Date of Enactment or Last Substantive Amendment: [December 1, 2011]2012
Notice of Continuation: July 31, 2008
Authorizing, and Implemented or Interpreted Law: 32B-2-202
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Thad LeVar at the above address, by phone at 801-530-6929, by FAX at 801-530-6446, or by Internet E-mail at [email protected].