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Home » 2013 Issues » Vol. 2013, No. 6 (03/15/2013) » No. 37373 (Amendment): Section R81-5-2. Application

  No. 37373 (Amendment): Section R81-5-2. Application  

  • (Amendment)

    DAR File No.: 37373
    Filed: 02/28/2013 03:48:28 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    Subsection 32B-5-201(2)(e) requires that an applicant submit a business license as part of their application for a retail license. This rule clarifies the meaning of a "business license".

    Summary of the rule or change:

    This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    None--This rule filing simply clarifies the application requirements for a retail license.

    local governments:

    None--This rule filing simply clarifies the application requirements for a retail license.

    small businesses:

    None--This rule filing simply clarifies the application requirements for a retail license.

    persons other than small businesses, businesses, or local governmental entities:

    None--This rule filing simply clarifies the application requirements for a retail license.

    Compliance costs for affected persons:

    None--This rule filing simply clarifies the application requirements for a retail license.

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

    None--This rule filing simply clarifies the application requirements for a retail license.

    Salvador D. Petilos, Executive Director

    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:

    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:

    04/15/2013

    This rule may become effective on:

    04/22/2013

    Authorized by:

    Sal Petilos, Executive Director

    RULE TEXT

    R81. Alcoholic Beverage Control, Administration.

    R81-5. Club Licenses.

    R81-5-2. Application.

    (1) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of a club license until:

    (a) The applicant has first met all requirements of Sections 32B-1-304 (qualifications to hold the license), and 32B-5-201, -204, and 32B-6-405 (submission of a completed application, payment of application and licensing fees, written consent of local authority, [a ]copy of [a ]current local business license(s) necessary for operation as the type of club license requested on the application, evidence of proximity to certain community locations, evidence that the applicant meets the requirements for the type of club license for which the person is applying, evidence that a variety of food is prepared and served in connection with dining accommodations, a bond, a floor plan, public liability and liquor liability insurance, and if an equity or fraternal club a copy of the club's bylaws or house rules and any amendment to those records); and

    (b) the department has inspected the club premise.

    (2)(a) All application requirements of Subsection (1)(a) must be filed with the department no later than the 10th day of the month in order for the application to be included on that month's commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of Subsection (1)(a) must be filed on the next business day after the 10th day of the month.

    (b) An incomplete application will be returned to the applicant.

    (c) A completed application filed after the deadline in Subsection (2)(a) will not be considered by the commission that month, but will be included on the agenda of the commission meeting the following month.

     

    KEY: alcoholic beverages

    Date of Enactment or Last Substantive Amendment: [May 22, 2012]2013

    Notice of Continuation: May 10, 2011

    Authorizing, and Implemented or Interpreted Law: 32-1-607; 32B-2-202; 32B-5; 32B-6-401 through -409[(3)]

     

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Document Information

Effective Date:
4/22/2013
Publication Date:
03/15/2013
Filed Date:
02/28/2013
Agencies:
Alcoholic Beverage Control,Administration
Rulemaking Authority:

Section 32B-1-607

Subsection 32B-5-201(2)(e)

Authorized By:
Sal Petilos, Executive Director
DAR File No.:
37373
Related Chapter/Rule NO.: (1)
R81-5-2. Application.