As in effect on November 1, 2008
(1) Purpose. A special order product is any product not listed on the department's product/price list. This rule outlines the procedures for accepting, processing, ordering and disbursing special orders.
(2) Application of Rule.
(a) Any state store may process special order requests.
(b) Any individual may place a special order at any state liquor store. Special orders may be placed by groups of individuals, organizations, or retail licensees either at a state liquor store or with the purchasing division of the department. A special order shall be processed as follows:
(i) A special order form must be filled out and signed by the customer for each special order product purchased. The state liquor store shall forward the form to the department's purchasing division.
(ii) Special orders may be ordered only by the case, not by the bottle. There is no handling fee on special orders.
(iii) Customers should be advised to allow at least two months between processing and delivery of a special order.
(iv) Special orders for beer will be subject to availability and according to the distributor's shipping criteria.
(v) If a group, organization, or retail licensee places a special order, they may designate a particular package agency or state store to which they want the special order items to be sent. They shall include the name and telephone number of the individual who will pick up and pay for the special order product at that location.
(vi) A special order must include the product name and distributor or shipper.
(vii) The department's special order buyer shall obtain a retail bottle price and call the customer and/or state liquor store for clearance to proceed with the order.
(viii) When the special order arrives, the package agency or state store to which the special order has been sent shall immediately notify the customer, and the customer shall pick up the order as soon as possible after notification. The customer shall pay for and pick up the entire special order. The package agency or state store is not allowed to warehouse special ordered products. All merchandise must be cleared from the system before a reorder on that special order item is allowed.
(ix) Special orders may only be placed by customers. State stores may not place a special order unrelated to a particular customer as a means to sell unlisted products to the general public.
(x) Special orders of beer, wine or spirits with lower prices than quoted to the department on products handled by or similar to products handled by the department will be allowed only on two conditions:
(A) the department has the opportunity to purchase the same product at the same price; or
(B) the individual, group of individuals, organization, or retail licensee name is part of the design of the front label found on the product.
(1) Purpose. This rule establishes guidelines for accepting liquor returns, refunds and exchanges.
(2) Application of Rule.
(a) Unsaleable Product. Unsaleable product includes product that is spoiled, leaking, contains foreign matter, or is otherwise defective. The department will accept for refund or exchange liquor merchandise that is unsaleable subject to the following conditions and restrictions:
(i) Returns of unsaleable merchandise are subject to approval by the store manager to verify that the product is indeed defective.
(ii) The product must be returned within a reasonable time of the date of purchase. Discontinued products may not be returned. Vintages of wine that are not currently being retailed by the department may not be returned.
(iii) All returned product must have the state stamp attached to each bottle.
(iv) No refunds shall be given for wines returned due to spoilage such as corkiness, oxidation, and secondary fermentation, or due to the customer's unfamiliarity with the characteristics of the product. Such wines may only be exchanged for another bottle of the same product. Wine will not be accepted for refund or exchange if the return is a result of improper extraction of the cork.
(b) Saleable Product. Store managers are authorized to accept saleable returned merchandise from licensees, single event permit holders, convention groups, and individual customers, subject to the following conditions and restrictions:
(i) Returns of saleable merchandise are subject to approval by the store manager. The customer may receive a refund or exchange of product for the return. Large returns will be accepted from licensees, single event permittees, convention groups and other organizations only if prior arrangements have been made with the store manager.
(ii) Returns should be made within a reasonable amount of time from the date of purchase, and all returned merchandise must be in good condition with a state stamp attached to every bottle. Returns of $50.00 or more shall not be accepted without a receipt. Therefore, it is necessary for cashiers to print a receipt for all purchases of $50.00 or more. Signs should be posted at each cash register informing customers of this requirement. Merchandise shall be refunded at the price paid by the customer, or the current price, whichever is lower.
(iii) Wine and beer, due to their perishable nature and susceptibility to temperature changes, should be accepted back with caution. These products can only be returned if the store manager has personal knowledge of how they have been handled and stored.
(iv) If the total amount of the return is more than $500 the store manager shall fill out a AReturned Merchandise Acknowledgment Receipt@ (LQ-45), and submit a copy to the office. A refund check will be processed at the office and mailed to the customer. Customers need to be informed that it generally takes three to six weeks to process payment.
(v) If the total value of the returned merchandise is more than $1,000, a 10% restocking fee shall be charged on the total amount.
(c) Unreturnable Products. The following items may not be returned:
(i) All limited item wines - wines that are available in very limited quantities.
(ii) Any products that have been chilled, over-heated, or label-damaged.
(iii) Outdated (not listed on the department's product/price list) and discontinued products.
(iv) Merchandise purchased by catering services.
(d) A cash register return receipt shall be completed for each product return. The following information must be on the receipt: the customer's name, address, telephone number, driver's license number, and signature. The cashier must attach the receipt to the cash register closing report.
All state stores shall display in a prominent place a "warning sign" as defined in R81-1-2.
The department accepts only four forms of identification to establish proof of age for the purchase of liquor by customers:
(1) A current valid driver's license that includes date of birth and has a picture affixed and is issued in this state under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of another state;
(2) A current valid identification card that includes date of birth and has a picture affixed issued by this state under Title 53, Chapter 3, Part 8, Identification Card Act, or issued by another state that is substantially similar to this state's identification card;
(3) A current valid military identification card that includes date of birth and has a picture affixed; or
(4) A current valid passport.
If a person's age is still in question after presenting proof of age, the department may require the person to also sign a "statement of age" form as provided in 32A-1-303. The form shall be filed alphabetically by the close of the business day, and shall be maintained on file for a period of three years.
The advertising or promotion of liquor products within state stores is prohibited. An employee may inform the customer as to the characteristics of a particular brand or type of liquor, provided the information is linked to a comparison with other brands or types.
An employee of the store may refuse to sell liquor to any person whom the employee has reason to believe is purchasing or attempting to purchase liquor in violation of Utah Alcoholic Beverage Control laws. The employee may also detain the person and hold the person's form of identification in a reasonable manner and for a reasonable length of time for the purpose of informing a peace officer of a suspected violation.
No person under the age of 21 years may enter a state liquor store unless accompanied by a parent, legal guardian, or spouse that is 21 years of age or older. Signs notifying the public of this rule shall be posted in a prominent place on the doors or windows of the state liquor store.
(1) A state liquor store may accept a check as payment for liquor from an individual customer only under the following conditions:
(a) The check may be drawn only on a United States, Canadian, Puerto Rican, or U.S. Virgin Islands financial institution.
(b) The following must appear on the check:
(i) name (must be imprinted);
(ii) address (if post office box, the full address must be written in); and
(iii) telephone number (may be hand-written).
(c) The check must be made out to the Department of Alcoholic Beverage Control, or D.A.B.C. (no two- party checks).
(d) The check must be made out for the exact amount of the purchase.
(e) An acceptable form of identification is required for any check written over $50.00, and may be required at the discretion of the cashier or store manager for any check written under $50.00. Acceptable forms of identification include those listed in R81-2-4.
(2) A state liquor store may accept a check as payment for liquor from a licensee only under the following conditions:
(a) The check must be imprinted with the name of the licensee's business, its business address, and its telephone number.
(b) The check must be made out to the Department of Alcoholic Beverage Control, or D.A.B.C. (no two- party checks).
(c) The check must be made out for the exact amount of the purchase.
(3) A state liquor store may accept a business or company check as payment for liquor only under the following conditions:
(a) The check may be drawn only on a United States, Canadian, Puerto Rican, or U.S. Virgin Islands financial institution.
(b) The check must be imprinted with the name of the business or company, its business address, and its telephone number.
(c) The check must be made out to the Department of Alcoholic Beverage Control, or D.A.B.C. (no two- party checks).
(d) The check must be made out for the exact amount of the purchase.
(e) Further identification is not required.
(f) The department may place a maximum limit on the total dollar amount in checks a business or company may tender to the department in a 24 hour period.
(4) A state liquor store may accept a traveler's check as payment for liquor under the following conditions:
(a) Traveler's checks shall be in "US Dollars".
(b) Each traveler's check shall have been previously signed by the holder of the check at the issuing bank or company. The check shall then be signed a second time in front of the DABC store employee that is handling the sale. The store employee shall compare the two signatures to verify that the signatures match, and shall otherwise examine the check to verify its validity.
(c) Traveler's checks shall be made out to the Department of Alcoholic Beverage Control or "D.A.B.C."
(d) When accepting a traveler's check for $50.00 or more, the store employee shall:
(i) call the issuing bank or company and receive an authorization, and authorization number; and
(ii) check the identification of the customer. Acceptable forms of identification include those listed in R81-2-4.
(e) On the upper, left hand corner of a traveler's check for $50.00 or more, the employee shall write:
(i) the authorization number from the issuing bank or company;
(ii) the type of identification used including expiration date and individual's identification number; and
(iii) the store employee's initials.
(1) Purpose. This rule explains the procedures to be followed by state liquor store employees in accepting credit cards for the purchase of alcoholic beverages.
(2) Application of Rule.
(a) The owner of the credit card must furnish the cashier with their actual credit card. No sale may be based on the customer merely furnishing a credit card number, or another person's credit card, including that of their spouse.
(b) The cashier shall examine the security features on the card such as signature, account number, expiration date, and hologram before accepting the card.
(c) The card must be signed by the card holder.
(d) If for any reason the credit card cannot be scanned, the cashier shall hand-key the credit card number into the cash register keyboard. If the transaction is approved, the cashier shall imprint a copy of the credit card, and have the card holder sign it.
(e) After the cashier scans or hand-keys a credit card, the credit card company may approve or reject the transaction. A rejection may indicate that the card has been stolen, the customer's account is over-drawn, the card has expired, or some other problem. The cashier may receive several messages from the credit card company.
(i) If the message is "decline" or "card not accepted", the cashier should return the card to the customer, suggest another form of payment, and suggest that the customer contact the issuer of the card.
(ii) If the message is "call" or "call hold", the store employee should hold the card and either phone the credit card company's voice authorization center for more information, or enter a "code 10" request. The voice authorization center may instruct that the card be confiscated. The card should then be obtained only if it can be done by peaceful means, and if the card holder voluntarily agrees to surrender the card. The "code 10" request will result in the credit card company researching the status of the card and approving the transaction with a "yes" or rejecting the transaction with a "no" prompt. At no time should store employees put themselves at risk by confiscating a credit card against the desires of the cardholder. If the card can be willingly surrendered and confiscated, the store employee should destroy the card by cutting it in half lengthwise shortly after leaving the customer's presence. The card pieces should then be sent to the card owner's bank with a completed ABC Department LQ-55 form having been filled out by a store employee.
(f) Credit card receipts contain confidential information that must be safeguarded. Cashiers should not throw the receipts in the trash. State store managers and their employees should consult their regional manager concerning proper storage and disposal of receipts.
(g) Refunds, or exchanges of products of unequal value that were purchased with a credit card, shall be handled by crediting the customer's credit card account. The cash register must be balanced by doing a return at the register.
(h) Licensee purchases may not be paid by credit card. Licensee purchases may be only in cash or by check.
(1) Sale or delivery of liquor may not be made on the premises of any state store, nor may any state store be kept open for the sale of liquor:
(a) on any day prohibited by 32A-2-103(6);
(b) on any other day before 10 a.m. or later than 10 p.m.
(2) Subject to the restrictions of subsection (1), the department may adjust the sales hours for each state store based on such factors as the locality of the store, tourist traffic, demographics, population to be served, and customer demand in the area.
An industry member, as defined in 32A-12-601, shall be limited to the customer areas of a state store except as follows:
(1) An industry member may be allowed in the storage area of a state store with the approval of the store manager for the limited purpose of stocking the industry member's own products; and
(2) An industry member may be allowed in the office or other suitable area of a state store with the approval of the store manager for the purpose of discussing the industry member's products.
alcoholic beverages
November 1, 2005
September 6, 2006
32A-1-107; 32A-1-301 to 32A-1-305
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