DAR File No. 37371

Alcoholic Beverage Control, Administration

Section R81-4E-2

Application

Notice of Proposed Rule

(Amendment)

DAR File No.: 37371
Filed: 02/28/2013 03:42:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsections 32B-5-201(2)(e) and 32B-8-202(1)(a) require that an applicant submit a business license as part of their application for a resort license. This rule clarifies the meaning of a "business license".

Summary of the rule or change:

This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied.

State statutory or constitutional authorization for this rule:

• Subsection 32B-8-202(1)(a)
• Section 32B-1-607
• Subsection 32B-5-201(2)(e)

Anticipated cost or savings to:

the state budget:

None--This rule filing simply clarifies the application requirements for a retail license.

local governments:

None--This rule filing simply clarifies the application requirements for a retail license.

small businesses:

None--This rule filing simply clarifies the application requirements for a retail license.

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

None--This rule filing simply clarifies the application requirements for a retail license.

Compliance costs for affected persons:

None--This rule filing simply clarifies the application requirements for a retail license.

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

None--This rule filing simply clarifies the application requirements for a retail license.

Salvador D. Petilos, 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 Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@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:

04/15/2013

This rule may become effective on:

04/22/2013

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-4E. Resort Licenses.

R81-4E-2. Application.

(1) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of a resort 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-6-204 (submission of a completed application, payment of application and licensing fees, written consent of local authority, [a ]copy of [a ]current local business license(s) necessary for operation of a resort 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 resort premise.

(2) Pursuant to 32B-5-203 and 32B-8-204, each sublicense of a resort license is not required to:

(a) submit an application or renewal application that is separate from the resort license application;

(b) carry public liability or dramshop insurance coverage that is separate from that carried by the resort licensee; or

(c) post a bond that is separate from the bond posted by the resort licensee if the aggregate of any bonds posted by the resort licensee covers each sublicense under the resort license.

(3) Pursuant to 32B-8-302, a resort spa sublicense is not required to file a separate application from the application for the resort license unless the resort spa sublicense is being sought after the resort license has already been granted. If a resort licensee seeks to add a resort spa sublicense after its resort license is granted, the application shall comply with 32B-8-204(3)(b), and this rule.

(4)(a) All application requirements of Subsections (1)(a) and (3) 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 of the month.

(b) An incomplete application will be returned to the applicant.

(c) A completed application filed after the deadline in Subsection (2)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [May 22, 2012]2013

Authorizing, and Implemented or Interpreted Law: [32A-1-107]32-1-607; 32B-2-202; 32B-5; 32B-8