No. 32556: R81-4A-2. Application

DAR File No.: 32556
Filed: 04/27/2009, 12:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being filed to implement H.B. 352 which was passed by the 2009 State Legislature. The provisions of H.B. 352 will take effect on 05/12/2009 which leaves little time to complete the regular rulemaking process. (DAR NOTE: H.B. 352 (2009) is found at Chapter 190, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

H.B. 352 created a "conditional" license for full and limited-service restaurant applicants. This rule amendment adds a paragraph that provides for the applicants of those licenses to be considered for a conditional license while they await local licensing. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32555 in this issue, May 15, 2009, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--There will be no additional fees charged, nor a notable increase in work load for the Department of Alcoholic Beverage Control (DABC) staff members to implement the conditional license provisions of the new law.

local governments:

None--This amendment only involves DABC's licensing division and does not affect local government licensing.

small businesses and persons other than businesses:

None--There will be no additional costs applied when applicants apply for a conditional license.

Compliance costs for affected persons:

There should be no additional compliance costs since the conditional license application does not carry additional fees.

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

Getting a liquor license can mean the difference between success and failure for a restaurant owner. This rule change enables applicants for restaurant licenses to secure a license even if they have not yet received local licensing. This is an invaluable asset, especially when restaurant licenses have reached quota and are no longer readily available. Dennis R. Kellen, Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

A state law took effect on 05/12/2009 that will entitle restaurant applicants to apply for a conditional license while they await local licensing. This rule must be in place by 05/01/2009 to implement that law.

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:

This rule is effective on:

05/01/2009

Authorized by:

Dennis R. Kellen, Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-4A. Restaurant Liquor Licenses.

R81-4A-2. Application.

[A](1) Except as provided in Subsection (2), a license application shall be included in the agenda of the monthly commission meeting for consideration for issuance of a restaurant license when the requirements of Sections 32A-4-102, -103, and -105 have been met, a completed application has been received by the department, and the restaurant premises have been inspected by the department.

(2) Subsection (1) does not preclude the commission from considering an application for a conditional restaurant license under the terms and conditions of 32A-1-107(5).

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: May 15, 2009

Notice of Continuation: September 6, 2006

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