No. 40381 (5-year Review): Rule R81-4A. Restaurant Liquor Licenses

DAR File No.: 40381
Filed: 05/02/2016 10:52:32 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 operations at establishments holding full-service restaurant liquor licenses. It establishes operational guidelines for businesses that operate with a liquor license during some hours of the day and a beer license during other hours of the same day; establishes a deadline of the 10th of the month for license applications; clarifies compliance bond and insurance requirements; establishes procedures by which a restaurant licensee orders liquor from liquor stores; sets hours of operation; establishes food sale and record requirements; sets liquor storage requirements; establishes regulations for the use of alcoholic product flavorings; requires that alcoholic beverage service and consumption must be at a patron's table; sets requirements for alcoholic beverage menus and price lists; requires restaurant employees to wear an ID badge; permits brown bagging of alcoholic beverages onto the restaurant premises for use at privately-hosted events and defines grandfathered bar structures. All of the regulations set forth in this rule remain important and applicable to the operations of a full-service restaurant. 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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]
• Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]

Effective:

05/02/2016

Authorized by:

Sal Petilos, Executive Director

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