Utah Admin. Code 82-6-801

Current through Bulletin No. 2024-21, November 1, 2024
Section R82-6-801 - Reception Center - Reporting Requirement for Reception Center Licensees
(1) Authority. This rule is pursuant to the Commission's powers and duties under section 32B-2-202 to act as a general policymaking body on the subject of alcoholic beverage control and to set policy by written rules that prescribe the conduct and management of any premises upon which alcoholic beverages may be sold, consumed, served, or stored, and pursuant to section 32B-6-805.
(2) Purpose. This rule implements the requirement of section 32B-6-805 which requires the Commission to provide by rule procedures for reception center licensees to report scheduled events to the Department to allow random inspections of events by authorized representatives of the Commission, the Department, or by law enforcement officers to monitor compliance with the alcoholic beverage control laws.
(3) Application of the Rule.
(a) A reception center licensee licensed under section 32B-6-805 shall file with the Department at the beginning of each quarter a report containing advance notice of events that have been scheduled as of the reporting date for that quarter.
(b)
(i) The quarterly reports are due on or before January 1, April 1, July 1, and October 1 of each year and may be hand-delivered, submitted by mail, or submitted electronically.
(ii) If the licensee adds an event for a quarter after the licensee has already turned in the report, as described in subpart (3)(b)(i) of this rule, the licensee shall promptly contract the licensee's compliance officer to supplement the report.
(c) Each report shall include the name and specific location of each event and the name of the third-party host of the event.
(d) The Department shall make copies of the reports available to a commissioner, authorized representative of the Department, and any law enforcement officer upon request to be used for the purpose stated in subpart (2) of this rule.
(e) The Department shall retain a copy of each report until the end of each reporting quarter.
(f) Because any report filed under this rule contains commercial information, the disclosure of which could reasonably be expected to result in unfair competitive injury to the licensee or sublicensee submitting the information, and the licensee or sublicensee submitting the information has a greater interest in prohibiting access than the public in obtaining access to the report:
(i) any report filed shall be deemed to include a claim of business confidentiality, and a request that the report be classified as protected pursuant to sections 63G-2-305 and -309;
(ii) any report filed shall be classified by the Department as protected pursuant to section 63G-2-305; and
(iii) any report filed shall be used by the Department and law enforcement only for the purposes stated in this rule.
(g) Failure of an on-premise banquet licensee or sublicensee to timely file a quarterly report may result in disciplinary action pursuant to sections 32B-3-201 through 32B-3-207, and R82-3-102 and 103.

Utah Admin. Code R82-6-801

Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020
Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023