No. 32560: R81-4A-11. Consumption at Patron's Table

DAR File No.: 32560
Filed: 04/27/2009, 03:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule is being filed to implement S.B. 187 passed by the 2009 State Legislature. (DAR NOTE: S.B. 187 (2009) is found at Chapter 383, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This rule adds counters and grandfathered bar structures to the areas in a restaurant where alcoholic beverages may be consumed. It also deletes language that prohibits tables, counters, and grandfathered bar structures from being in an area where liquor is stored or dispensed. Finally, the rule eliminates the need for a state label on containers of alcoholic beverage sold in restaurants. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32559 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--This rule simply clarifies where patrons may be seated and where alcoholic beverages may be dispensed and stored. There is no cost or savings to the state as a result of this rule.

local governments:

None--This rule deals with issues surrounding alcohol storage, dispensing, and consumption in restaurants. This does not affect local governments.

small businesses and persons other than businesses:

None--Many restaurants are small businesses, but none of the provisions of this rule will have a fiscal impact on their operations.

Compliance costs for affected persons:

None--There should be no compliance costs in eliminating the requirement for state labels on alcoholic beverage containers nor for restaurants having the ability to store and dispense alcoholic beverages at their grandfathered bar structures.

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

There should be no fiscal impact on businesses as a result of this rule. Dennis R. Kellen, Director

Emergency rule reason and justification:

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

S.B. 187 was effective on 05/12/2009. It is important for the provisions of this rule to be in place when the law takes effect.

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-11. Consumption at Patron's Table, Counter, and "Grandfathered Bar Structure".

(1) A patron's table, counter, or "grandfathered bar structure" may be located in waiting, patio, garden and dining areas previously approved by the department[, but may not be located at the site where alcoholic beverages are dispensed to the server or stored].

(2) Consumption of any alcoholic beverage must be within a reasonable proximity of a patron's table, counter, or "grandfathered bar structure so as to ensure that the server can maintain a written beverage tab on the amount of alcoholic beverages consumed.[

(3) All liquor consumed in a licensed restaurant must come from a container or package having an official state label affixed.]

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: May 1, 2009

Notice of Continuation: September 6, 2006

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