DAR File No. 28999

Alcoholic Beverage Control, Administration

R81-5

Private Clubs

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28999
Filed: 09/07/2006, 10:04
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 licensed as private clubs. It sets guidelines for license application procedures and establishes operational restrictions for the different club classifications; addresses bond and insurance requirements; sets advertising requirements; establishes procedures for the purchase of liquor from state liquor stores; sets operating hours; permits private club customers to run a tab for the purchase of alcoholic beverages; permits liquor products used for all purposes including cooking and flavoring to be stored in a common storage area; identifies liquor price list requirements; establishes requirements for employee ID badges; allows patrons to bring alcoholic beverages onto the club's premises for privately hosted events; establishes procedures for assessing club membership fees; prohibits minors from being in lounge or bar areas of private clubs; defines terms regarding sexually oriented adult entertainment and prohibits minors from being on the premises of private clubs with that type of entertainment; and sets regulations for the assessment and collection of visitor card fees. All of the regulations set forth in this rule remain important and applicable to the operations of a private club. 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