No. 27154 (Amendment): R651-619-2. Alcohol in Buildings  

  • DAR File No.: 27154
    Filed: 05/13/2004, 03:46
    Received by: NL

     

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    There is a new Utah Field House of Natural History in Vernal, Utah. It is one of the state parks and as such, an interpretation was needed regarding alcohol in such a building. An interpretation from the Attorney General's office indicated that Parks should modify Section R651-619-2 to clearly allow alcohol.

     

    Summary of the rule or change:

    Alcohol in the state park system will not be allowed, unless express permission is given, in writing, by the division director, or designee, and the organizations that are approved to dispense alcohol shall carry $1,000,000 of insurance to cover their events.

     

    State statutory or constitutional authorization for this rule:

    Section 63-11-17

     

    This rule or change incorporates by reference the following material:

    parks

     

    Anticipated cost or savings to:

    the state budget:

    This amendment clarifies the possession and/or consumption of alcohol in the state park system visitor centers, museums, and administrative offices. Therefore, there is no anticipated cost or savings to the State budget.

     

    local governments:

    This is a clarification for the state park system and does not involved local government or their budget.

     

    other persons:

    Persons who have in their possession or are consuming alcoholic beverages in the park system visitor centers, museums, and administrative offices will be required to fulfill the compliance costs and carry the proper approval to engage in such activities.

     

    Compliance costs for affected persons:

    Any "person" who is allowed in writing by the division to dispense alcohol, will be required to carry $1,000,000 in insurance. If there are any other local/state licenses or permits required, they will also have to comply to those restrictions.

     

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

    The proposed rule amendment is not likely to negatively impact businesses. In fact, it may provide more flexibility to businesses providing services at the new Utah Field House of Natural History in Vernal, Utah, and may result in increased or sustained business opportunities for such entities.

     

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Natural Resources
    Parks and Recreation
    1594 W NORTH TEMPLE
    SALT LAKE CITY UT 84116-3154

     

    Direct questions regarding this rule to:

    Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

     

    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:

    07/01/2004

     

    This rule may become effective on:

    07/02/2004

     

    Authorized by:

    Gordon Topham, Deputy Director

     

     

    RULE TEXT

    R651. Natural Resources, Parks and Recreation.

    R651-619. Possession of Alcoholic Beverages or Controlled Substances.

    R651-619-2. Alcohol in Buildings.

    [Possession and consumption of any alcoholic beverage in park system visitor centers, museums and administration offices is prohibited.]There shall be no possession and/or consumption of any alcoholic beverage in the state park system visitor centers, museums and administrative offices, unless permission is expressly given, in writing, by the division director, or designee. Organizations dispensing such beverages are required to carry one million dollars ($1,000,000) in insurance coverage.

     

    KEY: parks

    [October 4, 1999]July 16, 2004

    Notice of Continuation October 23, 2003

    63-11-17(2)(b)

     

     

     

     

Document Information

Effective Date:
7/2/2004
Publication Date:
06/01/2004
Filed Date:
05/13/2004
Agencies:
Natural Resources,Parks and Recreation
Rulemaking Authority:

Section 63-11-17

 

Authorized By:
Gordon Topham, Deputy Director
DAR File No.:
27154
Related Chapter/Rule NO.: (1)
R651-619-2. Alcohol in Buildings.