No. 37834 (5-year Review): Rule R81-4C. Limited Restaurant Licenses

DAR File No.: 37834
Filed: 07/10/2013 05:11:03 PM

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 Commission to adopt and issue policy, rules and procedures that establish criteria and procedures for issuing, denying, not renewing, suspending, or revoking a retail license, including the limited service restaurant license; and 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:

The department received comment concerning an amendment to Section R81-4C-2 which states that an application will not be included on the agenda of the monthly commission meeting if a complete application is not received by the 10th of the month. The comment brought up concerns with the definition of a "complete application" and questioned the needs of the department to have a complete application by the 10th of the month.

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 limited service-restaurant liquor licenses. It establishes licensing requirements; sets procedures for licensees to order from and/or return wine and heavy beer items to the Division of Alcoholic Beverage Control (DABC); outlines restrictions on restaurant operating hours; sets regulations on the sale of alcoholic beverages on the restaurant premises including service and consumption at the patron's table, a counter or grandfathered bar structure; establishes guidelines for the use of alcoholic product flavorings; establishes requirements for menus and price lists; and sets rules for employee identification badges, brownbagging and rules that define the "remodels a grandfathered bar structure". All of the regulations set forth in this rule remain important and applicable to the operations of a limited-service restaurant. Response to public comment received. The 10th of the month deadline allows the department to have sufficient time to conduct an investigation, hold public hearings, and forward necessary information and recommendations to the commission as required by Subsection 32B-5-203(1). The meaning of a complete application was discussed by the commission and requires that all requirements be met, with the exception of items outside the control of the applicant, such as local consent. 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]

Authorized by:

Sal Petilos, Executive Director

Effective:

07/10/2013

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