DAR File No. 28399

Alcoholic Beverage Control, Administration

R81-10A

On-Premise Beer Retailer Licenses

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28399
Filed: 12/06/2005, 02:49
Received by: NL

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 32A-1-107 authorizes the Alcoholic Beverage Control Commission to adopt and issue rules; sets policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses; and prescribes the conduct, management, and equipment of any premises 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:

There have been no written comments received regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule regulates operations at establishments licensed to sell beer for on-premise consumption. It prohibits the transfer of the license to another without approval; requires licensees to obtain a separate on-premise beer license and restaurant liquor license to operate the same premises differently at different times of the day; sets procedures for applying for a license; requires maintenance of a bond and insurance; allows storage areas to be opened at non-sale hours for inventory, restocking, repair, and cleaning; requires employees to wear an ID badge to help law enforcement officers identify them; and sets parameters for the service of draft beer. All of the regulations set forth in this rule remain important and applicable to the operations of an on-premise beer retailer.

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:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at smackay@utah.gov

Authorized by:

Kenneth F. Wynn, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at smackay@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.