No. 28985: R81-1. Scope,Definitions, and General Provisions

 

DAR File No.: 28985
Filed: 08/31/2006, 02:51
Received by: NL

 

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 32A-1-107 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 premises 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:

Several sections in this rule have been amended in the past five years. Of them, only two have received public comment. One was for an amendment made to the advertising section in February of 2003. In that amendment, the Commission no longer prohibited private clubs from advertising the availability of club memberships. Public comments were mixed. Opposition to the rule amendment came in the form of petitions signed by citizens who were concerned that the loosening of any alcoholic beverage advertising laws could be potentially dangerous to young people in the state. Many private clubs commented that the rule amendment was necessary for them to do business in a competitive market. The second rule amendment that drew public comment dealt with a new requirement that all licensees must submit (to the Department) and implement a responsible alcohol service plan. Most of the comments came from licensees who felt the alcohol service plan was redundant since they and their employees are already required to complete an alcohol education program every three years. After considering the comments, the Commission revised the rule amendment to require the alcohol service plan only of licensees who have been found to be guilty of violations involving the sale of alcohol to minors or to intoxicated persons.

 

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, and therefore, this rule should be continued. 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; and requires designated licenses to submit and implement a responsible alcohol service plan. As to the earlier-referenced opposition to rule amendments, the Commission adopted the amendment that allows private clubs to advertise the availability of club memberships to comply with a previous Tenth Circuit Court of Appeals ruling (44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996)) which essentially states it is legal for any business to advertise legal products and/or activities. The second amendment was made effective with revisions agreed to after considering the public comments that were received.

 

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]

 

Authorized by:

Kenneth F. Wynn, Director