DAR File No. 43337
This rule was published in the November 15, 2018, issue (Vol. 2018, No. 22) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Section R81-1-24
Responsible Alcohol Service Plan
Notice of Proposed Rule
(Repeal)
DAR File No.: 43337
Filed: 10/31/2018 02:50:43 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This repeal is necessary due to H.B. 442, passed in the 2017 General Session, and H.B. 456, passed in the 2018 General Session.
Summary of the rule or change:
This rule defines Responsible Alcohol Service Plans and authorizes the commission to require this plan as part of the penalties levied for certain violations. This repeal is necessary as statute now defines Responsible Alcohol Service Plans and requires that they be resubmitted as part of a renewal if there are any violations. This rule is therefore no longer necessary.
Statutory or constitutional authorization for this rule:
- Section 32B-2-202
Anticipated cost or savings to:
the state budget:
None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
local governments:
None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
small businesses:
None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
persons other than small businesses, businesses, or local governmental entities:
None. Any anticipated cost or savings to persons other than small businesses, businesses, or local governmental entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
Compliance costs for affected persons:
None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
Comments by the department head on the fiscal impact the rule may have on businesses:
None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process.
Salvador Petilos, Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Alcoholic Beverage ControlAdministration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630
Direct questions regarding this rule to:
- Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@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:
12/17/2018
This rule may become effective on:
12/24/2018
Authorized by:
Sal Petilos, Executive Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Non - Small Businesses
None, any anticipated costs or savings to non-small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018). Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process.
The head of the department of Alcoholic Beverage Control, Salvador Petilos, has reviewed and approved this fiscal analysis.
R81. Alcoholic Beverage Control, Administration.
R81-1. Scope, Definitions, and General Provisions.
[R81-1-24. Responsible Alcohol Service Plan.
(1) Authority. This rule is pursuant to the
commission's powers and duties under 32B-2-202 to act as a
general policymaking body on the subject of alcoholic beverage
control; set policy by written rules that establish criteria and
procedures for suspending or revoking licenses; and prescribe the
conduct and management of any premises upon which alcoholic
beverages may be sold, consumed, served, or stored.
(2) Purpose. This rule allows the commission to require a
business licensed by the commission to sell, serve or store
alcoholic beverages for consumption on the licensed premises that
has been found by the commission to have violated any provision
of the Alcoholic Beverage Control Act relating to the sale,
service, or furnishing of alcoholic beverages to an intoxicated
person, or to a person under the age of 21, to have a written
Responsible Alcohol Service Plan.
(3) Definitions.
(a) "Commission" means the Alcoholic Beverage
Control Commission.
(b) "Department" means the Department of
Alcoholic Beverage Control.
(c) "Intoxication" and "intoxicated"
are as defined in 32B-1-102(48).
(d) "Licensed Business" is a person or business
entity licensed by the commission to sell, serve, and store
alcoholic beverages for consumption on the premises of the
business.
(e) "Manager" means a person chosen or
appointed to manage, direct, or administer the operations at a
licensed business. A manager may also be a supervisor.
(f) "Responsible Alcohol Service Plan" or
"Plan" means a written set of policies and procedures
of a licensed business that outline measures that will be taken
by the business to prevent employees of the licensed business
from:
(i) over-serving alcoholic beverages to
customers;
(ii) serving alcoholic beverages to customers who are
actually, apparently, or obviously intoxicated; and
(iii) serving alcoholic beverages to persons under the
age of 21.
(h) "Server" means an employee who actually
makes available, serves to, or provides an alcoholic beverage to
a customer for consumption on the business premises.
(i) "Supervisor" means an employee who, under
the direction of a manager or owner, directs or has the
responsibility to direct, transfer, or assign duties to employees
who actually provide alcoholic beverages to customers on the
premises of the business.
(4) Application of Rule.
(a)(i) The commission may direct that a licensed business
that has been found by the commission to have violated any
provision of the Alcoholic Beverage Control Act relating to the
sale, service, or furnishing of alcoholic beverages to an
intoxicated person, or to a person under the age of 21, submit to
the department a Responsible Alcohol Service Plan.
(ii) The licensee thereafter shall maintain a Plan as a
condition of continued licensing and relicensing by the
commission.
(b) Any Plan at a minimum shall:
(i) outline the policies and procedures of the licensed
business to:
(A) prevent over-service of alcohol;
(B) prevent service of alcohol to persons who are
intoxicated;
(C) prevent service of alcohol to persons under the age
of 21;
(D) provide alternate transportation options for problem
customers; and
(E) deal with hostile customers;
(ii) require that all managers, supervisors, servers,
security personnel, and others who are involved in the sale,
service or furnishing of alcohol, agree to follow the policies
and procedures of the Plan;
(iii) require adherence to the Plan as a condition of
employment;
(iv) require a commitment by management to monitor
employee compliance with the Plan;
(v) require periodic training sessions on the house
policies and procedures in the Plan, and on the techniques of
responsible service of alcohol taught in the Alcohol Training and
Education Seminar required by 62A-15-401, such as:
(A) identifying legal forms of ID, checking ID, and
recognizing fake ID;
(B) identifying persons under the age of 21;
(C) discussing the legal definition of
intoxication;
(D) identifying behavioral signs of
intoxication;
(E) discussing techniques for monitoring and controlling
consumption such as:
(1) drink counting;
(2) slowing down alcohol service;
(3) offering food or nonalcoholic beverages; and
(4) cutting off alcohol service;
(F) discussing third party or "dram shop"
liability for the unlawful service of alcohol to intoxicated
persons and persons under the age of 21 as outlined in 32B-15;
and
(G) discussing the potential criminal, civil and
administrative penalties for over-serving alcohol, selling,
serving, or otherwise furnishing alcohol to persons who are
intoxicated, or to persons who are under the age of 21.
(c) The licensed business may choose to include in the
Plan incentives for those employees who deserve special
recognition for their responsible service of alcohol.
(d) The Plan shall be available on the premises of the
licensed business so as to be accessible to all employees of the
licensed business who are involved in the sale, service or
furnishing of alcohol.
(e) The Plan shall be available on the premises of the
licensed business for inspection by representatives of the
commission, department and by law enforcement officers.
(f) Any licensed business that fails to submit to the
department a Plan as directed by the commission pursuant to
Subsection (4)(a), or to have a Plan available for inspection as
required by Subsection (4)(e), shall be subject to the immediate
suspension or revocation of its current license, and shall not be
granted a renewal of its license by the commission.
(g) The department, at the request of a licensed business,
may provide assistance in the preparation of a Plan.]
KEY: alcoholic beverages
Date of Enactment or Last Substantive Amendment: [December 28, 2017]2018
Notice of Continuation: May 2, 2016
Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-2-204; 32B-2-206; 32B-3-203(3)(c); 32B-3-205(2)(b); 32B-5-304; 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)
Additional Information
More information about a Notice of Proposed Rule 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/2018/b20181115.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 Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.