No. 32333 (Amendment): R81-1-28. Special Commission Meetings-Fees

DAR File No.: 32333
Filed: 01/29/2009, 12:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is being proposed at the request of the Alcoholic Beverage Control (ABC) Commission to authorize the assessment of an administrative fee to cover costs of special commission meetings held to consider applications for single event and temporary special event beer permits.

Summary of the rule or change:

This proposed rule amendment will authorize the ABC Commission to assess an administrative fee of $350 to cover costs of convening a special commission meeting to consider the application of an applicant for a single event or temporary special event beer permit who failed to timely submit the permit application to be considered at the commission's regularly scheduled monthly meeting.

State statutory or constitutional authorization for this rule:

Subsection 32A-1-106(9) and Section 32A-1-107

Anticipated cost or savings to:

the state budget:

Holding a special commission meeting costs the department approximately $350 in payment of commissioners' per diem and other costs associated with scheduling, arranging, and providing notice of the meeting. The $350 administrative fee will offset these costs. But, since the special commission meetings are held on an as-needed basis, it is impossible to know the exact amount of savings to the state.

local governments:

None--The fees will be assessed to permits issued by the Department of Alcoholic Beverage Control and will not affect local governments.

small businesses and persons other than businesses:

Many of the applicants for single event and temporary special event beer permits are small businesses or associations. They will only be impacted by this proposed rule amendment if they fail to file their permit application in a timely manner to be on the agenda of the regular monthly commission meeting and request that a special commission meeting be scheduled to consider their application. The cost will be $350 in addition the the permit fee that is already required by statute.

Compliance costs for affected persons:

Affected persons will only be impacted by this proposed rule amendment if they fail to file their permit application in a timely manner to be on the agenda of the regular monthly commission meeting and request that a special commission meeting be scheduled to consider their application. The cost will be $350 in addition the the permit fee that is already required by statute.

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

For several years, the ABC Commission has held special commission meetings at no charge to accommodate single event and temporary special event beer permit applicants who, for whatever reason, failed to file their application in a timely manner to be on the regular monthly commission meeting agenda. These special meetings cost the department money, but the department has had no way to recoup the costs. The commissioners realize that charging a fee will have a fiscal impact on the permit applicants who request a special meeting. The applicants will need to make a business decision as to whether the revenues from the sale of liquor and/or beer sufficiently justify paying the additional fee for the meeting. It should be noted that there is no additional fee assessed to applicants who file a timely application. Dennis Kellen, Executive 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:

03/17/2009

This rule may become effective on:

03/24/2009

Authorized by:

Dennis R. Kellen, Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-28. Special Commission Meetings - Fees.

(1) Authority. This rule is pursuant to 32A-1-106(9) that gives the commission authority to hold special commission meetings; and 32A-1-107(1) that gives the commission authority to establish procedures for granting and denying permits and to prescribe fees payable for permits.

(2) Purpose. This rule authorizes the commission to assess an administrative fee in addition to the regular permit fee to cover the additional administrative costs of convening a special commission meeting to consider the application of an applicant for a single event permit or temporary special event beer permit who failed to timely submit the permit application to be considered at the commission's regularly scheduled monthly meeting.

(3) Application of Rule.

(a) If the commission agrees to convene a special commission meeting to accommodate an applicant described in Section (2), the commission shall assess an administrative fee of $350 in addition to the regular permit fee.

(b) The administrative fee in Section (3)(a) shall be used to offset the costs of convening the special meeting including, but not limited to:

(i) department costs associated with scheduling, arranging, and providing notice of the special meeting;

(ii) department costs associated with any emergency or electronic meeting held pursuant to R81-1-19 and -20;

(iii) payment of per diem and expenses to commissioners; and

(iv) any other costs incurred.

(c) The administrative fee in Section (3)(a) shall be paid prior to the convening of the special commission meeting.

(d) The administrative fee in Section (3)(a) is a non-refundable fee.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [October 23, 2008]2009

Notice of Continuation: August 31, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-106(9); 32A-1-107; 32A-1-119(5)(c); 32A-1-702; 32A-1-703; 32A-1-704; 32A-1-807; 32A-3-103(1)(a); 32A-4-103(1)(a); 32A-4-106(1)(a); 32A-4-203(1)(a); 32A-4-304(1)(a); 32A-4-307(1)(a); 32A-4-401(1)(a); 32A-5-103(1)(a); 32A-6-103(2)(a); 32A-7-103(2)(a); 32A-7-106(5); 32A-8-103(1)(a); 32A-8-503(1)(a); 32A-9-103(1)(a); 32A-10-203(1)(a); 32A-10-206(14); 32A-10-303(1)(a); 32A-10-306(5); 32A-11-103(1)(a)