No. 40383 (5-year Review): Rule R81-6. Special Use Permits

DAR File No.: 40383
Filed: 05/02/2016 11:05:30 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; set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and 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 though there have been advisory board discussions regarding defining requirements for the scientific/educational use permit. Those discussions resulted in a change in application and may require rulemaking at a later date.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule regulates operations of those holding a special use permit. It underscores the fact that a special use permit applicant must present the department with a completed application before the ABC Commission may consider granting the permit; requires that a public service permittee must post a warning sign in its hospitality room; allows industrial, manufacturing, scientific, educational, or health care permit holders to purchase alcohol directly from alcohol manufacturers; sets operational guidelines for public service permittees including provisions for making alcohol purchases and keeping records; sets operational restrictions for educational wine judging seminars; and establishes provisions by which those holding religious wine permits may purchase wine for religious ceremonies. All of the regulations set forth in this rule remain important and applicable to the operations of a special use permittee. 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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