No. 27847: R81-4D-14. Reporting Requirement

DAR File No.: 27847
Filed: 07/01/2005, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to the proposed rule amendment are made pursuant to comments received from the public during the public comment period.

 

Summary of the rule or change:

Those who commented on the proposed amendment expressed concerns regarding several issues including what is required if events are scheduled after the report filing date, how the reports may be filed, how explicit the report must be in terms of event location, and issues of confidentiality once the reports are filed. The changes to this proposed rule address these questions and bring the rule into compliance with the Government Records Access and Management Act provisions of state law (Sections 63-2-304 and 63-2-308). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the May 15, 2005, issue of the Utah State Bulletin, on page 11. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107

 

Anticipated cost or savings to:

the state budget:

The changes to this proposed rule will not affect a cost or savings to the state budget since they are made to clarify some provisions of the rule and do not significantly alter the general requirements of the rule.

 

local governments:

None--The changes to this proposed rule affect banquet establishments licensed by the Department of Alcoholic Beverage Control (DABC) and will not have a fiscal affect on local governments.

 

other persons:

None--The changes to this proposed rule simply clarify the requirements of the rule and have no additional fiscal impact on licensees.

 

Compliance costs for affected persons:

None--The changes to this proposed rule simply clarify the requirements of the rule and have no additional fiscal impact on licensees.

 

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

The comments received by DABC were considered reasonable and the concerns expressed are being addressed in the changes being submitted. These changes are made to clarify some of the rule's provisions and to guarantee confidentiality protection to licensees as they file their quarterly reports. Because of these changes to this rule, banquet licensees who file the required reports will know the information in their reports will not be shared with competitors and their fiscal interests will not be compromised. Kenneth F. Wynn, 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:

08/15/2005

 

This rule may become effective on:

08/16/2005

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-4D. On-Premise Banquet License.

R81-4D-14. Reporting Requirement.

(1) Authority. This rule is pursuant to the commission's powers and duties under 32A-1-107 to act as a general policymaking body on the subject of alcoholic beverage control and to set policy by written rules that prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored, and pursuant to 32A-4-406(24).

(2) Purpose. This rule implements the requirement of 32A-4-406(24) that requires the commission to provide by rule procedures for on-premise banquet licensees to report scheduled banquet events to the department to allow random inspections of banquets by authorized representatives of the commission, the department, or by law enforcement officers to monitor compliance with the alcoholic beverage control laws.

(3) Application of the Rule.

(a) An on-premise banquet licensee shall file with the department at the beginning of each quarter a report containing advance notice of events or functions that have been scheduled as of the reporting date for that quarter to be held under a banquet contract as defined in R81-4D-1.

(b) The quarterly reports are due on or before January 1, April 1, July 1, and October 1 of each year and may be hand-delivered or submitted by mail or electronically.

(c) Each report shall include the name and specific location of each event.

[(c)](d) The department shall make copies of the reports available to a commissioner, authorized representative of the department, and any law enforcement officer upon request to be used for the purpose stated in Section (2).

[(d)](e) The department shall retain a copy of each report until the end of each reporting quarter.

[(e)](f) Because any report filed under this rule contains commercial information, the disclosure of which could reasonably be expected to result in unfair competitive injury to the licensee submitting the information, and the licensee submitting the information has a greater interest in prohibiting access than the public in obtaining access to the report:

(i) any report filed shall be deemed to include a claim of business confidentiality, and a request that the report be classified as protected pursuant to 63-2-304 and -308;

(ii) any report filed shall be classified by the department as protected pursuant to 63-2-304; and

(iii) any report filed shall be used by the department and law enforcement only for the purposes stated in this rule.

(g) Failure of an on-premise banquet licensee to timely file the quarterly reports [is grounds for]may result in disciplinary action pursuant to 32A-1-119, 32A-4-406, and R81-1-6 and -7.

 

KEY: alcoholic beverages

2005

32A-1-107

32A-4 Part 4