No. 31338 (Amendment): R81-4D-2. Application

DAR File No.: 31338
Filed: 04/30/2008, 02:18
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment proposes that the Department of Alcoholic Beverage Control (DABC), not the Alcoholic Beverage Control (ABC) Commission, be authorized to approve additional locations within a licensed facility for On-Premise Banquet alcoholic beverage services.

Summary of the rule or change:

This rule amendment proposes that the DABC, not the ABC Commission, be authorized to approve additional locations within a licensed facility for On-Premise Banquet alcoholic beverage services. The proposal includes guidelines for the department to follow when granting the additional locations.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

Granting the additional location for alcohol service on the premises of an On-Premise Banquet licensee will require consideration of department staff. It may require that staff visit the facility to determine if all criteria will be met. This will result in some staff man-hour costs, but it is not possible to determine an exact dollar amount of those costs as it is unknown how many requests for additional locations will be received by the department. There will be no charge to the licensee for these services.

local governments:

None--DABC regulates the operations of On-Premise Banquet licensees. Requests for additional locations for On-Premise Banquet facilities will not be directed to local governments.

small businesses and persons other than businesses:

None--Granting an additional location within a licensed On-Premise Banquet facility, small or large, will not require additional fees and should not fiscally impact these businesses. Persons other than businesses will not be fiscally impacted.

Compliance costs for affected persons:

It is anticipated that compliance requirements for additional alcohol service locations within a licensed On-Premise Banquet facility will be minimal. Most of these facilities are already set up for alcoholic beverage service that can be easily adapted to additional locations on the premises.

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

DABC does not anticipate there will be any significant fiscal impact when implementing this proposed rule amendment. 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.

R81-4D. On-Premise Banquet License.

R81-4D-2. Application.

(1) A license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of an on-premise banquet license when the requirements of Sections 32A-4-402, -403, and -405 have been met, a completed application has been received by the department, and the on-premise banquet premises have been inspected by the department.

(2)(a) The application shall include a floor plan showing the locations of function space in or on the applicant's business premises that may be reserved for private banquet functions where alcoholic beverages may be stored, sold or served, and consumed. Hotels shall also indicate the number of sleeping rooms where room service will be provided and include a sample floor plan of a guest room level. No application will be accepted that merely designates the entire hotel, resort, sports center or convention center facility as the proposed licensed premises.

(b) [After]Pursuant to 32A-4-402(2) and 32A-4-406(4) an on-premise banquet license has been issued, the licensee may apply to the [commission]department for approval of additional locations in or on the premises of the hotel, resort, sports center or convention center that were not included in the licensee's original application. The additional locations must:

(i) be clearly defined;

(ii) be configured to ensure separation between any private banquet function and other areas of the facility that are open to the general public; and

(iii) be configured to ensure compliance with all operational restrictions with respect to the sale, storage, and consumption of alcoholic beverages required by 32A-4-406.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [August 26, 2005]2008

Authorizing, and Implemented or Interpreted Law: 32A-1-107