DAR File No. 43942

Alcoholic Beverage Control, Administration

Section R81-10-2

Off-Premise Beer Retailer State License and Master Off-Premise Beer Retailer State License

Notice of Proposed Rule

(Amendment)

DAR File No.: 43942
Filed: 07/31/2019 03:44:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments are necessary to implement provisions of H.B. 453 passed in the 2019 General Session. These proposed changes create the process to apply for the master off-premise beer retailer license.

Summary of the rule or change:

These amendments are necessary to implement provisions of H.B. 453 (2019). These proposed changes create the process to apply for the master off-premise beer retailer license, applicable to off-premise retailers with at least five locations. Section 32B-7-408 authorizes the Alcoholic Beverage Control Commission (Commission) to make rules establishing how a person may apply for a master off-premise beer retailer state license.

Statutory or constitutional authorization for this rule:

• Section 32B-7-408
• 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 statutory requirements of H.B. 453 (2019). Costs and savings for administering these changes were calculated as part of the fiscal note. These amendments do not create additional cost 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 statutory requirements of H.B. 453 (2019). Costs and savings for administering these changes were calculated as part of the fiscal note. These amendments do not create additional cost 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 statutory requirements of H.B. 453 (2019). Costs and savings for administering these changes were calculated as part of the fiscal note. These amendments do not create additional cost 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 are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering these changes were calculated as part of the fiscal note. These amendments do not create additional cost or savings beyond what was anticipated during the legislative process.

Compliance costs for affected persons:

Any anticipated cost or savings are a result of statutory requirements of H.B. 453 (2019). Costs and savings for administering these changes were calculated as part of the fiscal note. These amendments do not create additional cost 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:

These changes are necessary to implement provisions of H.B. 453 (2019). These proposed amendments create the master off-premise beer retailer license, applicable to off-premise retailers with at least five locations. Section 32B-7-408 authorizes the Commission to make rules establishing how a person may apply for a master off-premise beer retailer state license.

Salvador 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:

• 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:

09/16/2019

This rule may become effective on:

09/23/2019

Authorized by:

Sal Petilos, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 cost or savings to persons other than small business, businesses or local government entities are a result of statutory requirements of H.B.453 (2019). Any anticipated cost or savings were calculated as part of the fiscal note. These amendments do not create additional cost 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.

R81-10. Off-Premise Beer Retailers.

R81-10-2. Off-Premise Beer Retailer State License and Master Off-Premise Beer Retailer State License.

(1) Authority and General Purpose. This rule is pursuant to 32B-2-202(1)(c) which requires the commission to set policy by written rules that establishes criteria and for issuing and denying licenses and 32B-7-408, which authorizes the commission to make rules establishing how a person may apply for a master off-premise beer retailer state license.

(2) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of a license until in accordance with 32B-7-404(2):

(a) The applicant has submitted a complete application to the department in accordance with 32B-7-402 or 32B-7-408; and

(b) the department has completed an investigation [pursuit to 32B-7-404(1) ]and inspected the proposed licensed premises.

(c) A "complete application" includes the department's application form and all supplemental materials listed on the department's application checklist.

(3)(a) All application requirements of Subsection (2)(a) 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 (2)(a) must be filed on the next business day after the 10th day of the month.

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

(c) A completed application filed after the deadline in Subsection (3)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.

([3]4) Subsection (2)(a) does not preclude the commission from considering an application for a conditional license under the terms and conditions of 32B-7-406.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [December 24, 2018]2019

Notice of Continuation: May 23, 2018

Authorizing, and Implemented or Interpreted Law: 32B-1-102; 32B-7-202; 32B-7-401