No. 31287 (Amendment): R81-5-11. Price Lists

DAR File No.: 31287
Filed: 04/29/2008, 09:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being proposed to implement law changes made by passage of S.B. 211 (2008). (DAR NOTE: S.B. 211 (2008) is found at Chapter 391, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The statute no longer requires that a private club's liquor price list be included in the club's house rules. This proposed amendment also removes that requirement from the private club rule.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--Removing the requirement for clubs to include their liquor price list in their house rules in no way affects the state budget.

local governments:

None--Removing the requirement for clubs to include their liquor price list in their house rules in no way affects local governments.

small businesses and persons other than businesses:

None--This proposed rule amendment only relieves clubs from having to include their liquor price list in their house rules and will have no fiscal impact on private clubs no matter the size. The amendment will not have a fiscal impact on others.

Compliance costs for affected persons:

Private clubs are not required to remove their liquor price list from their house rules, they are just no longer required to include the price list in their house rules. This being the case, there should be no significant compliance costs in implementing this rule amendment.

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

The department staff members feel that removing the requirement for private clubs to include their liquor price list in their house rules is a step toward more reasonable liquor laws. The department is in favor of this change. Dennis R. Kellen, 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:

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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

Dennis R. Kellen, Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-5. Private Clubs.

R81-5-11. Price Lists.

(1) Each licensee shall have available for its patrons a printed price list containing current prices of all mixed drinks, wine, beer, and heavy beer. This list shall include any amounts charged by the licensee for the service of packaged liquor, wine or heavy beer[ and shall be made a part of the house rules of the club, a copy of which]. A copy shall be kept on the club premises and available at all times for examination by the members, guests, and visitors to the club.

(2) Any printed menu, master beverage price list or other printed list is sufficient as long as the prices are current and the list is readily available to the patron.

(3) Customers shall be notified of the price charged for any packaged liquor, wine or heavy beer and any service charges for the supply of glasses, chilling, or wine service.

(4) A licensee or his employee may not misrepresent the price of any alcoholic beverage that is sold or offered for sale on the licensed premises.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [May 1, 2005]2008

Notice of Continuation: September 7, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107; 32A-5-107(18); 32A-5-107(23)