DAR File No. 27154

Natural Resources, Parks and Recreation

R651-619-2

Alcohol in Buildings

NOTICE OF PROPOSED RULE

DAR File No.: 27154
Filed: 05/13/2004, 03:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

There is a new Utah Field House of Natural History in Vernal, Utah. It is one of the state parks and as such, an interpretation was needed regarding alcohol in such a building. An interpretation from the Attorney General's office indicated that Parks should modify Section R651-619-2 to clearly allow alcohol.

Summary of the rule or change:

Alcohol in the state park system will not be allowed, unless express permission is given, in writing, by the division director, or designee, and the organizations that are approved to dispense alcohol shall carry $1,000,000 of insurance to cover their events.

State statutory or constitutional authorization for this rule:

Section 63-11-17

parks

Anticipated cost or savings to:

the state budget:

This amendment clarifies the possession and/or consumption of alcohol in the state park system visitor centers, museums, and administrative offices. Therefore, there is no anticipated cost or savings to the State budget.

local governments:

This is a clarification for the state park system and does not involved local government or their budget.

other persons:

Persons who have in their possession or are consuming alcoholic beverages in the park system visitor centers, museums, and administrative offices will be required to fulfill the compliance costs and carry the proper approval to engage in such activities.

Compliance costs for affected persons:

Any "person" who is allowed in writing by the division to dispense alcohol, will be required to carry $1,000,000 in insurance. If there are any other local/state licenses or permits required, they will also have to comply to those restrictions.

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

The proposed rule amendment is not likely to negatively impact businesses. In fact, it may provide more flexibility to businesses providing services at the new Utah Field House of Natural History in Vernal, Utah, and may result in increased or sustained business opportunities for such entities.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@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:

07/01/2004

This rule may become effective on:

07/02/2004

Authorized by:

Gordon Topham, Deputy Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-619. Possession of Alcoholic Beverages or Controlled Substances.

R651-619-2. Alcohol in Buildings.

[Possession and consumption of any alcoholic beverage in park system visitor centers, museums and administration offices is prohibited.]There shall be no possession and/or consumption of any alcoholic beverage in the state park system visitor centers, museums and administrative offices, unless permission is expressly given, in writing, by the division director, or designee. Organizations dispensing such beverages are required to carry one million dollars ($1,000,000) in insurance coverage.

KEY: parks

[October 4, 1999]July 16, 2004

Notice of Continuation October 23, 2003

63-11-17(2)(b)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.