Utah Dept of Alcoholic Beverage Control
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Recently Approved Rules

The following rules became effective December 22, 2015

Rule R81-2-10. State Store Hours

This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission.

The following rules became effective October 27, 2015

Rule R81-7. Single Event Permits (Repeal and Reenact)

Rule R81-10B. Temporary Event Beer Permits (Repeal)

The following rules became effective August 25, 2015

Rule R81-2-8.  Accepting checks as payment for liquor - This rule amendment is necessary to allow the director to make internal department policies regarding a payment for products.

The following rules became effective June 23, 2015

Rule R81-1-26. Criminal History Background Checks

Due to the passage of S.B. 198, Section R81-1-26 was amended to account for the changes in procedures for collecting and storing background checks. In addition to modifications to incorporate the legislative changes, the department amended the rule to address the following: starting 07/01/2015 a new system will be maintained by Utah's Bureau of Criminal Identification that will maintain background checks for applicable individuals. The new system will also notify the DABC if an applicable individual later has a conviction. Therefore, as of 07/01/2015 any new applicant will be required to submit to a new background check, regardless of whether the department has a background check on file. This rule eliminates the requirement for third party background checks to be submitted to the department as part of the application process. Applicants will continue to be required to attest that they have no disqualifying offenses and that they stipulate that they will surrender the license if a disqualifying offense if the background check reveals a disqualifying offense.

Rule R81-2-9. Accepting Credit Cards as Payment for Liquor

Rule R81-3-19. Credit Cards

These rule changes removed the prohibition of credit card sales by licensees and will also move operational requirements regarding the use of credit cards to department policies.

The following rules became effective April 28, 2015

Rule R81-1-3. General Policies - Repealing R81-2-1 and R81-3-5 Special Orders of Liquor by the Public

Rule R81-1-6. Violation Schedule

The Transfer of License Act became effective July 1, 2014

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The following rules became effective March 25, 2014

Rule R81-1-16. Disqualification Based Upon Conviction of Crime

This rule amendment clarifies that certain criminal convictions are disqualifying offenses which will result in an issuance of an Order to Show Cause to the licensee.

Rules R81-7. Single Event Permits and R81-10b. Temporary Beer Event Permits

These rule amendments requires that applications be submitted at least seven business days in advance of the event to be considered, clarifies that notice to law enforcement may include notice of preliminary approval and requires all applicants to submit proof of adequate control measures to prevent over-service and service to minors.

The following rules became effective November 26, 2013

R81-4A-7, R81-4C-7, and R81-10C-6 - Sale and Purchase of Alcoholic Beverages/Sale and Purchase of Beer.

These rules were amended to reflect the change in statutory language to 32B-6-205(8), 32B-6-305(8) and 32B-6-905(8) intended to codify the safe harbor provision of confirmation of intent to order food. This rule is also being amended to remove the “gratuitously provided” and replace that language with “food items normally provided without charge.

The following rule became effective October 30, 2013

R81-1-9 Liquor Dispensing Systems

UCA 32B-5-304(1) requires that licensees use a calibrated metered dispensing system approved by the department in accordance with commission rules. To avoid the appearance that the department is approving companies rather than systems, this amendment outlines the requirements for an approved system and requires the licensee ensure that they comply with those requirements.

The following rule became effective September 24, 2013

R81-5-1 Licensing (Clubs)

This amendment outlines the requirements for compliance with Section 32B-6-407 which now allows fraternal clubs to allow guests that are over 21 without a host as long as the practice is allowed in the bylaws of the fraternal club and the fraternal club maintains at least 60% of its total business from the sale of food.

The following rule became effective July 30, 2013

R81-4A-2 – Application and 4C-2-Application

This rule was amended to include the application process for the new full and limited service restaurants to include the master license created by H.B.228 4th Sub. passed in the 2013 General Session. The rule also clarifies that the sub-license must be owned by the same person or entity.

R81-5-1 – Licensing and 5-Advertising

This rule was amended to address the provision in HB 228 4th Sub. passed in the 2013 General Session that allows some Fraternal Clubs to advertise being open to the public.

The following rule became effective June 25, 2013

R81-1-31. Duties of Commission Subcommitties

This rule defines the duties of the two commission communities - The Compliance, Licensing and Enforcement Subcommitte and the Operations and Procurement Subcommitte.

The following rule became effective April 30, 2013

R81-2-12. Store Site Selection

The rule established criteria and procedures for determining the location of a state store.

R81-4A. Restaurant Liquor Licenses;

R81-4B. Airport Lounge Licenses;

R81-4C. Limited Restaurant Licenses;

R81-4D. On-Premise Banquet License;

R81-4E. Resort Licenses;

R81-4F. Reception Center License;

R81-5. Club Licenses;

R81-9. Liquor Warehousing Licenses;

R81-10A. Recreational Amenity On-Premise Beer Retailer Licenses;

R81-10C. Beer-Only Restaurant Licenses;

R81-10D. Tavern Beer Licenses.;

R-81-11 Beer Wholesaler Licenses

The amendments to the above rules clarified that the business license requirement to mean the necessary local license(s) necessary for the license type the applicant has applied.

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