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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL

Proposed Rules

 
Please note:   We are no longer accepting public comments on the proposed rules. This expired on August 2, 2010. The commission will review the proposed rules at their August 31st meeting.

 

These proposed rules allow a person to hold both an on-premise beer retailer license and a limited restaurant license and operate them on the same premises during certain periods of the day or night (sequentially but not concurrently). This is already allowed under current rule for full service restaurants and these proposed rules extend the allowance to limited restaurants.

The update to R81-1-6 adopts the updated May 2010 Violation Grid. Due to changes in the Utah Code resulting from legislation passed in 2009 and 2010, the ABC commission unanimously agreed to amend the Alcoholic Beverage Control Commission Violation Grid to include new violations and penalties.

Summary of the violation changes
  • All Licenses
    • Knowingly allowing illegal drug activity on premise, assigning a grave penalty
    • Misrepresenting the brand of beer or alcohol being served, assigning a grave penalty
  • Club Licenses
    • Serving a "sidecar" (second drink contains the primary liquor of first drink), assigning a serious penalty;
    • Failure to remain open on additional hour for consumption, assigning a serious penalty;
    • Allowing consumption between 2 a.m. and 10 a.m., assigning a serious penalty;
    • Temporarily renting or leasing premises without written agreement to comply with all operational restrictions, assigning a serious penalty;
    • Admitting a minor into a dining club without being accompanied by an adult, assigning a serious penalty;
    • Failure to verify proof of age under the electronic verification program, assigning a serious penalty.
  • Full-Service Restaurants
    • Serving alcohol to a patron at a bar structure that is not "grandfathered" assigning a moderate penalty;
    • Allowing a minor to be seated at a bar structure, assigning a moderate penalty;
    • Selling any brand of alcohol not identical to that ordered by the patron, assigning a grave penalty;
  • Limited-Service Restaurants
    • Serving alcohol to a patron at a bar structure that is not "grandfathered" assigning a moderate penalty;
    • Allowing a minor to be seated at a bar structure, assigning a moderate penalty;
    • Selling any brand of alcohol not identical to that ordered by the patron, assigning a grave penalty;
    • Spirituous liquor or flavored malt beverages on premises, assigning a serious penalty.

Below is the complete May 2010 Violation Grid by specific license type