No. 27672 (Amendment): R81-1-24. Responsible Alcohol Service Plan

DAR File No.: 27672
Filed: 01/27/2005, 02:47
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is proposed to require that all applicants for a license to sell, serve, and store alcoholic beverages for consumption on the licensed premises to submit to the Department of Alcoholic Beverage Control (DABC), as a condition of licensing, a Responsible Alcohol Service Plan. It will also require that the owners of establishments already licensed to sell, serve or store alcoholic beverages for consumption on the licensed premises to submit to DABC, prior to the expiration of their current license as a condition of relicensing, a Responsible Alcohol Service Plan.

 

Summary of the rule or change:

This proposed rule amendment states the requirement for a Responsible Alcohol Service Plan for new applicants and current holders of alcoholic beverage licenses issued for the sale, service, and storage of alcoholic beverages on the licensed premises, provides guidelines for the content of the Responsible Alcohol Service Plan, and establishes possible penalties for noncompliance.

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107, and Title 32A, Chapter 4; Title 32A, Chapter 5; and Title 32A, Chapter 10

 

Anticipated cost or savings to:

the state budget:

Though there is no dollar amount available for the cost to the state's budget, DABC's compliance staff will be required to spend additional time in educating new applicants and current licensees as to the establishment and compliance requirements of their Responsible Alcohol Service Plan.

 

local governments:

None--The Responsible Alcohol Service Plan is an alcoholic beverage licensee requirement of DABC and does not involve local government.

 

other persons:

Alcoholic beverage applicants and licensees will be required to spend time and thought creating a meaningful Responsible Alcohol Service Plan. Staff training is an integral part of the plan and may possibly involve a monetary output for training materials and/or trainers, though this amount may be minimal, and will vary from one licensee to another.

 

Compliance costs for affected persons:

Each individual alcoholic beverage license applicant and licensee will be required to spend time and thought creating a meaningful Responsible Alcohol Service Plan. Staff training is an integral part of the plan and may possibly involve a monetary output for training materials and/or trainers, though this amount may be minimal and will vary from one licensee to another.

 

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

The Responsible Alcohol Service Plan created and implemented by each license must meet minimum standards. However, some licensees may take the initiative to create plans that are more detailed than others. The fiscal impact, therefore, may vary from one licensed establishment to another. Likely the largest fiscal impact will be realized in the on-going staff training required by the proposed rule.

 

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 [e-mail]

 

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:

03/17/2005

 

This rule may become effective on:

03/18/2005

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-24. Responsible Alcohol Service Plan.

(1) Authority. This rule is pursuant to the commission's powers and duties under 32A-1-107 to act as a general policymaking body on the subject of alcoholic beverage control; set policy by written rules that establish criteria and procedures for granting, denying, suspending, or revoking licenses; and prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored. It is also pursuant to the authority granted to the commission in Title 32A, Chapters 4, 5, and 10 to require licensing information, in addition to that which is statutorily required, as part of any application for a license to sell, serve or store alcoholic beverages for consumption on the licensed premises.

(2) Purpose. This rule requires any applicant for a license to sell, serve and store alcoholic beverages for consumption on the licensed premises to submit to the department, as a condition of licensing, a Responsible Alcohol Service Plan. This rule also requires any business licensed by the commission to sell, serve or store alcoholic beverages for consumption on the licensed premises to submit to the department, prior to the expiration of its current license as a condition of relicensing, a Responsible Alcohol Service Plan.

(3) Definitions.

(a) "Applicant" means a person or business entity that applies for a license from the commission to sell, serve, and store alcoholic beverages for consumption on the premises of the business.

(b) "Commission" means the Alcoholic Beverage Control Commission.

(c) "Department" means the Department of Alcoholic Beverage Control.

(d) "Intoxication" and "Intoxicated" means a person who is actually, apparently, or obviously under the influence of an alcoholic beverage, a controlled substance, a substance having the property of releasing toxic vapors, or a combination of alcoholic beverages or said substances, to a degree that the person may endanger himself or another.

(e) "Licensed Business" is a person or business entity licensed by the commission to sell, serve, and store alcoholic beverages for consumption on the premises of the business.

(f) "Manager" means a person chosen or appointed to manage, direct, or administer the operations at a licensed business. A manager may also be a supervisor.

(g) "Responsible Alcohol Service Plan" or "Plan" means a written set of policies and procedures of an applicant or licensed business that outline measures that will be taken by the business to prevent employees of the applicant or licensed business from:

(i) over-serving alcoholic beverages to customers;

(ii) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and

(iii) serving alcoholic beverages to persons under the age of 21.

(h) "Server" means an employee who actually makes available, serves to, or provides an alcoholic beverage to a customer for consumption on the business premises.

(i) "Supervisor" means an employee who, under the direction of a manager or owner, directs or has the responsibility to direct, transfer, or assign duties to employees who actually provide alcoholic beverages to customers on the premises of the business.

(4) Application of Rule.

(a) Any applicant shall submit to the department, as a condition of licensing, a Responsible Alcohol Service Plan.

(b) Any licensed business shall submit to the department, prior to the expiration of its current license as a condition of re-licensing, a Responsible Alcohol Service Plan.

(c) Any Responsible Alcohol Service Plan at a minimum shall:

(i) identify the expectations of the business regarding responsible alcoholic beverage service by employees of the business;

(ii) clearly identify the duties and responsibilities of managers, supervisors, servers, security personnel, and other employees under the Plan;

(iii) require adherence to the Plan as a condition of initial and continued employment;

(iv) be available and accessible to all employees of the business;

(v) require all managers, supervisors and servers to take the Alcohol Training And Education Seminar Program in accordance with the time deadlines established in 62A-15-401.

(vi) outline steps to be taken by employees to prevent over-serving alcoholic beverages, serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated, and serving alcoholic beverages to persons under the age of 21;

(vii) require regular employee training on responsible alcoholic beverage service that includes:

(A) identifying legal forms of ID, checking ID, and recognizing fake ID;

(B) identifying persons under the age of 21;

(C) identifying problem drinkers;

(D) discussing the legal definition of intoxication;

(E) identifying behavioral signs of intoxication;

(F) discussing techniques for monitoring and controlling consumption such as:

(1) drink counting;

(2) intervention techniques;

(3) slowing down alcohol service;

(4) offering food or nonalcoholic beverages; and

(5) cutting off alcohol service;

(G) dealing with hostile customers;

(H) discussing third party liability for the unlawful service of alcoholic beverages to intoxicated persons and persons under the age of 21 as outlined in 32A-14a-101 through -105;

(I) discussing potential criminal, civil and administrative penalties for over-serving alcoholic beverages, serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated, and serving alcoholic beverages to persons under the age of 21.

(viii) identify security procedures for dealing with hostile customers;

(ix) identify procedures for providing alternative means of transportation to get customers home safely;

(x) require the active observing and monitoring of employees for compliance with the Plan;

(xi) identify any incentives for employees who follow the Plan;

(xii) identify the consequences for violating the Plan;

(d)(i) Any applicant who fails to submit to the department a Plan shall not be granted a license by the commission.

(ii) Any licensed business that fails to submit to the department, prior to the expiration of its current license, a Plan shall not be granted a renewal of its license by the commission.

(iii) Failure of a licensed business to comply with the conditions and requirements of this rule may result in a suspension or revocation of the license and other disciplinary action taken against individual managers, supervisors, and employees of the licensed business.

(e) The department, at the request of an applicant or licensed business, may provide assistance in the preparation of a Plan.

 

KEY: alcoholic beverages

[June 1, 2004]2005

Notice of Continuation December 26, 2001

32A-1-107

32A-1-119(5)(c)

32A-3-103(1)(a)

32A-4-103(1)(a)

32A-4-203(1)(a)

32A-5-103(3)(c)

32A-6-103(2)(a)

32A-7-103(2)(a)

32A-8-103(1)(a)

32A-9-103(1)(a)

32A-10-203(1)(a)

32A-11-103(1)(a)