No. 38323 (Amendment): Section R81-1-32. Further Application

(Amendment)

DAR File No.: 38323
Filed: 02/28/2014 03:49:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section establishes criteria and procedures for further application when an application for a license or permit has been denied as allowed by Subsection 32B-2-202(1)(c).

Summary of the rule or change:

Subsections 32B-5-203(2)(c) through (f) require the commission to consider the locality, person's ability to manage, nature of the operation and any other factor in deciding whether to grant a retail license. This rule establishes the criteria for reapplication based on the reason for denial and requires the applicant to submit a report evidencing a substantial change in circumstances that previously caused denial of the application.

State statutory or constitutional authorization for this rule:

• Section 32B-2-202
• Subsection 32B-5-203(2)

Anticipated cost or savings to:

the state budget:

This rule amendment requires an applicant to submit a report evidencing a substantial change in circumstances before the commission will consider further application. The burden is on the applicant and not the state. Therefore, there is no anticipated cost or savings to the state budget.

local governments:

This rule amendment requires an applicant to submit a report evidencing a substantial change in circumstances before the commission will consider further application. The burden is on the applicant and does not place further burden on local government. Therefore there is no anticipated cost or savings to local government.

small businesses:

Any fiscal impact will be limited to businesses that are denied a retail license. However, this rule does not change their ability to reapply; it only details what is required for the commission to consider further application.

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

This rule amendment requires an applicant to submit a report evidencing a substantial change in circumstances before the commission will consider further application. The burden is on the applicant and does not put additional burden on other persons. Therefore, there is no anticipated cost or savings to other persons.

Compliance costs for affected persons:

Applicants that were previously denied a license or permit are required to pay application fees when seeking further application. This rule requires that further application be accompanied by a report evidencing a change in circumstance. Compliance costs for creation of a report are negligible.

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

Any fiscal impact will be limited to businesses that are denied a retail license. However, this rule does not change their ability to reapply; it only details what is required for the commission to consider further application.

Salvador D. Petilos, 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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, 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:

04/14/2014

This rule may become effective on:

04/21/2014

Authorized by:

Sal Petilos, Executive Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

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

R81-1-32. Further Application.

(1) If an applicant has at any time been denied a license or permit based on the locality within which the proposed licensed premises is located, no further application from the applicant pertaining to the same premises or building location shall be considered unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(2) If an applicant has at any time been denied a license or permit based on the person's ability to manage and operate a retail license of the type for which the person is applying, no further application from the applicant shall be considered unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(3) If an applicant has at any time been denied a license based on the nature or type of retail operation of the proposed retail licensee, no further application shall be considered for that license type unless the applicant submits a report evidencing a substantial change in the circumstances that previously caused the denial, of an application.

(4) If an applicant has at any time been denied a license or permit based on any other factor the commission considers necessary, the commission may, in its discretion determine under what circumstances in which a further application will be considered.

(5) The commission may prescribe a time period between the denial and hearing a request for further application.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [October 30, 2013]2014

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-3-203(3)(c); 32B-5-304(1); 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)

 

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