DAR File No. 28998

Alcoholic Beverage Control, Administration

R81-4A

Restaurant Liquor Licenses

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28998
Filed: 09/06/2006, 03:47
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 (ABC) Commission to adopt and issue rules; to set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and to prescribe 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:

No written comments have been received.

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

This rule regulates operations at establishments holding full-service restaurant liquor licenses. It establishes operational guidelines for businesses that operate with a liquor license during some hours of the day and a beer license during other hours of the same day; requires license applicants to bring their completed applications before the ABC Commission for approval; clarifies compliance bond and insurance requirements; establishes procedures by which a restaurant licensee orders liquor from liquor stores; sets hours of operation; establishes food sale and record requirements; sets liquor storage requirements; establishes regulations for the use of alcoholic product flavorings; requires that alcoholic beverage service and consumption must be at a patron's table; sets requirements for alcoholic beverage menus and price lists; requires restaurant employees to wear an ID badge; and permits brown bagging of alcoholic beverages onto the restaurant premises for use at privately-hosted events. All of the regulations set forth in this rule remain important and applicable to the operations of a full-service restaurant. Therefore, this rule should be continued.

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

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