No. 27041 (Amendment): R81-3-16. Minors on Premises

DAR File No.: 27041
Filed: 04/01/2004, 02:39
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Administrative Rulemaking Act was amended in 2003 to provide that an agency's written statements that restrict the legal rights of a public class of persons or another agency must be in rule and go through the rulemaking process. In the past, the Department of Alcoholic Beverage Control (DABC) has regulated the presence of minors in package agencies by internal department policy. This rule amendment is being proposed to conform with the Rulemaking Act. (DAR NOTE: The Utah Administrative Rulemaking Act was amended by S.B. 30 (2003), which is found at UT L 2003 Ch 197, and was effective May 5, 2003.)

 

Summary of the rule or change:

This proposed rule amendment will place in administrative rule the guidelines by which a minor may be on the premises of a contracted package agency.

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107

 

Anticipated cost or savings to:

the state budget:

None--Minors have always been allowed to a limited degree on the premises of liquor package agencies. This proposed rule amendment places the guidelines for this practice into administrative rule and makes these guidelines enforceable. Since minors are not allowed to purchase alcoholic beverages, limiting their presence on the premises of a package agency will have no fiscal impact on the state budget.

 

local governments:

None--Contracted package agencies are regulated by the DABC and state government. Therefore, the passage of this proposed rule amendment will have no fiscal impact on local governments.

 

other persons:

None--Minors are not allowed to purchase liquor. Therefore, regulating their limited presence on the premises of a package agency will not fiscally impact other persons.

 

Compliance costs for affected persons:

None--Continuing to regulate the presence of minors on the premises will add no additional compliance costs to package agencies.

 

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

Supervised minors have always been allowed on the premises of package agencies. Relocating the restrictions addressing this practice from internal department policy to administrative rules will have no fiscal impact on businesses.

 

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:

05/17/2004

 

This rule may become effective on:

05/18/2004

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-3. Package Agencies.

R81-3-16. Minors on Premises.

No person under the age of 21 years may enter a package agency unless accompanied by a parent, legal guardian, or spouse that is 21 years of age or older. Signs notifying the public of this rule shall be posted in a prominent place on the doors or windows of the package agency.

 

KEY: alcoholic beverages

[August 1, 2003]2004

Notice of Continuation December 18, 2001

32A-1-107