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:

    Effective:

    05/02/2016

    Authorized by:

    Sal Petilos, Executive Director


Document Information

Effective Date:
5/2/2016
Publication Date:
05/15/2016
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
05/02/2016
Agencies:
Alcoholic Beverage Control, Administration
Authorized By:
Sal Petilos, Executive Director
DAR File No.:
40376
Summary:

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

CodeNo:
R81-1
CodeName:
{29148|R81-1|R81-1. Scope, Definitions, and General Provisions}
Link Address:
Alcoholic Beverage ControlAdministration1625 S 900 WSALT LAKE CITY, UT 84104-1630
Link Way:

Nina McDermott, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov

Andrew Hofeling, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at ahofeling@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R81-1. Scope, Definitions, and General Provisions.