DAR File No. 40924

Alcoholic Beverage Control, Administration

Rule R81-4

Retail Licenses

Notice of Proposed Rule

(New Rule)

DAR File No.: 40924
Filed: 10/31/2016 09:15:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is necessary to implement S.B. 217, passed in the 2016 General Session, by moving the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License.

Summary of the rule or change:

This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License.

Statutory or constitutional authorization for this rule:

• Subsection 32B-8b-102(2)
• Section 32B-2-202
• Subsection 32B-1-102(46)

Anticipated cost or savings to:

the state budget:

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings as the department's responsibilities to approve tasting areas and audit manufacturing licensees is an extension of duties already required.

local governments:

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. This rule change effects the department and the licensee. There are no anticipated cost or savings to local government.

small businesses:

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings to small businesses.

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

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs to comply based on this new rule.

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

None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There is no anticipated fiscal impact that this rule could have on businesses.

Salvador D. Petilos, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

12/15/2016

This rule may become effective on:

12/22/2016

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-4. Retail Licenses.

R81-4-1. Authority.

Reserved.

 

R81-4-2. Purpose.

Reserved.

 

R81-4-3. Definitions.

Pursuant to the authority and purpose given in 32B-6-202, 32B-8b-102(2), and 32B-1-102(46) the commission shall define the following as such:

(1) "Hotel" means a commercial lodging establishment:

(a) that offers temporary sleeping accommodations for compensation;

(b) that is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract;

(c) that has adequate kitchen or culinary facilities on the premises of the hotel to provide complete meals; and

(d) that has at least 1000 square feet of function space consisting of meeting and/or dining rooms that can be reserved for private use under a banquet contract that can accommodate a minimum of 75 people, provided that in cities of the third, fourth or fifth class, unincorporated areas of a county, and towns, the commission shall have the authority to waive the minimum function space size requirements.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, Implemented, or Interpreted Law: 32B-8b-102(2); 32B-2-202; 32B-1-102(46)