No. 27847 (Amendment): R81-4D-14. Reporting Requirement

DAR File No.: 27847
Filed: 04/29/2005, 01:53
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

In S.B. 65, the 2005 legislature added a provision to the On-Premise Banquet License statute that requires the banquet licensee to provide the Department of Alcoholic Beverage Control (DABC) with advance notice of a scheduled banquet "in accordance with the rules of the commission." This rule amendment is proposed to implement this new legislation. (DAR NOTE: S.B. 65 is found at UT L 2005 Ch 152, and was effective 05/02/2005.)

 

Summary of the rule or change:

This proposed rule amendment establishes procedures for on-premise banquet licensees to report scheduled banquet events to the DABC to allow random inspection of banquets by authorized representatives of the commission, the department, or by law enforcement officers to monitor compliance with the alcoholic beverage control laws. This rule proposes the reports be made on a quarterly basis and establishes how the department will maintain and disperse the information in the reports.

 

State statutory or constitutional authorization for this rule:

Subsection 32A-4-406(24)

 

Anticipated cost or savings to:

the state budget:

There may be a possible savings of time and resources to the state budget in that the State Bureau of Investigation will be better informed of events for which they may choose to schedule random overt/covert premise inspections. There will be no other foreseeable savings or costs to the state's budget.

 

local governments:

Similarly, there may be possible savings to local governments if local law enforcement agencies use the information provided by the implementation of this proposed rule amendment to schedule inspections of banquet events.

 

other persons:

There will, no doubt, be a cost to on-premise banquet licensees as they compile the quarterly reports of scheduled events to report to the DABC. That cost will vary depending on staff salaries and data collection costs.

 

Compliance costs for affected persons:

There will, no doubt, be a cost to on-premise banquet licensees as they compile the quarterly reports of scheduled events to report to the DABC. That cost will vary depending on staff salaries and data collection costs.

 

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

The overall cost to businesses affected by this proposed rule amendment will be minimal when compared to the usefulness of the information to law enforcement agencies. In most cases, the reports will consist of information already compiled and available to licensees and will require simply submitting the information to DABC. Kenneth F. Wynn

 

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:

06/14/2005

 

This rule may become effective on:

06/15/2005

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-4D. On-Premise Banquet License.

R81-4D-14. Reporting Requirement.

(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 and to set policy by written rules that prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored, and pursuant to 32A-4-406(24).

(2) Purpose. This rule implements the requirement of 32A-4-406(24) that requires the commission to provide by rule procedures for on-premise banquet licensees to report scheduled banquet events to the department to allow random inspections of banquets by authorized representatives of the commission, the department, or by law enforcement officers to monitor compliance with the alcoholic beverage control laws.

(3) Application of the Rule.

(a) An on-premise banquet licensee shall file with the department at the beginning of each quarter a report containing advance notice of events or functions that have been scheduled for that quarter to be held under a banquet contract as defined in R81-4D-1.

(b) The quarterly reports are due on or before January 1, April 1, July 1, and October 1 of each year.

(c) The department shall make copies of the reports available to a commissioner, authorized representative of the department, and any law enforcement officer upon request to be used for the purpose stated in Section (2).

(d) The department shall retain a copy of each report until the end of each reporting quarter.

(e) Failure of an on-premise banquet licensee to timely file the quarterly reports is grounds for disciplinary action pursuant to 32A-1-119, 32A-4-406, and R81-1-6 and -7.

 

KEY: alcoholic beverages

[June 1, 2004]2005

32A-1-107

32A-4 Part 4