No. 40376 (5-year Review): Rule R81-1. Scope, Definitions, and General Provisions

DAR File No.: 40376
Filed: 05/02/2016 10:31:17 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 32B-2-202 authorizes the Alcoholic Beverage Control (ABC) Commission to adopt and issue rules; to set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and to prescribe the conduct, management, and equipment of any premise where alcohol is sold, served, consumed, or stored.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received during the five-year review period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule regulates the sale and service of alcoholic beverages within the state of Utah. It defines the terms used within all of Title R81; establishes policies for payment of liquor; states that the department is an equal opportunity employer; establishes standards for providing notice of public hearings and meetings; addresses procedures for the department's handling of liquor law violations by licensees, including disciplinary hearings and consent calendar guidelines; establishes requirements for liquor and wine dispensing; regulates multiple-licensed facilities; sets standards and record requirements for attendance of alcohol education seminars by licensees and their employees; and sets guidelines for compliance with the Government Records Access and Management Act (GRAMA) and the Americans with Disabilities Act (ADA). The rule also sets guidelines for Commission declaratory orders; establishes definitions and standards for disqualifying individuals with certain criminal backgrounds from being involved in the sale and service of alcoholic beverages; clarifies advertising prohibitions; sets guidelines for emergency and electronic meetings; establishes rules for beer advertising at event venues; establishes guidelines for diplomatic embassy shipments and purchases; sets rules for the department's sale of limited-availability items; requires designated licenses to submit and implement a responsible alcohol service plan; outlines procedures for malted beverage label approval and state approval for sexually-orientated businesses; factors for granting licenses; defines duties of the Commission Subcommittees; and establishes procedures for reapplication of a denied license. Therefore, this rule should be continued.

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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]
• Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]

Effective:

05/02/2016

Authorized by:

Sal Petilos, Executive Director

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