DAR File No. 40382

Alcoholic Beverage Control, Administration

Rule R81-5

Club Licenses

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40382
Filed: 05/02/2016 11:00:24 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 Alcoholic Beverage Control (ABC) Commission to adopt and issue rules; to set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and to prescribe the conduct, management, and equipment of any premise 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 during the five-year review period, though there have been advisory board discussions regarding defining a lounge or bar area and allowing minors to momentarily pass through that area. Rule amendments are possible regarding those issues.

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 as clubs. It sets guidelines for license application procedures and establishes operational restrictions for the different club classifications; addresses bond and insurance requirements; sets advertising requirements; establishes procedures for the purchase of liquor from state liquor stores; sets operating hours; permits private club customers to run a tab for the purchase of alcoholic beverages; permits liquor products used for all purposes including cooking and flavoring to be stored in a common storage area; identifies liquor price list requirements; establishes requirements for employee ID badges; allows patrons to bring alcoholic beverages onto the club's premises for privately hosted events; establishes procedures for assessing club membership fees; prohibits minors from being in lounge or bar areas of equity, fraternal and dining clubs; and sets regulations for age verification in social and dining clubs. All of the regulations set forth in this rule remain important and applicable to the operations of a club. 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 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
• 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:

05/02/2016

Authorized by:

Sal Petilos, Executive Director