DAR File No. 39804
This notice was published in the November 1, 2015, issue (Vol. 2015, No. 21) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Rule R81-10A
Recreational Amenity On-Premise Beer Retailer Licenses
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 39804
Filed: 10/02/2015 09:59:17 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 32B-2-202 authorizes the Alcohol Beverage Control (ABC) Commission to adopt and issue rules; set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses; 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:
No written comments were 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 licensed to sell beer for on-premise consumption (non-tavern/recreational amenity). It prohibits the transfer of the license to another without approval; requires licensees to obtain a separate on-premise beer license and restaurant or limited restaurant liquor license to operate the same premises differently at different times of the day; sets procedures for applying for a license; requires maintenance of a bond and insurance; allows storage areas to be opened during non-sales hours to take inventory, restock, repair and clean; requires employees to wear an ID badge to help law enforcement officers identify them; and sets parameters for the service of draft beer. All of the regulations set forth in this rule remain important and applicable to the operations of an on-premise beer retailer. 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:
Alcoholic Beverage ControlAdministration
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
- Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at ahofeling@utah.gov
Effective:
10/02/2015
Authorized by:
Sal Petilos, Executive Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
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/2015/b20151101.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.
For questions regarding the content or application of this rule, please contact 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; Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at ahofeling@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.