DAR File No. 32576

Alcoholic Beverage Control, Administration

R81-4D-10

State Label

NOTICE OF PROPOSED RULE

DAR File No.: 32576
Filed: 04/29/2009, 11:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is proposed to implement S.B. 187 which was passed by the 2009 State Legislature. (DAR NOTE: S.B. 187 (2009) is found at Chapter 383, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The requirement for state labels on liquor containers was eliminated by S.B. 187. This amendment eliminates the need for on-premise banquet licensees to only sell or serve liquor with a state label on the container. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 32577 in this issue, May 15, 2009, of the Bulletin and was effective 05/01/2009.)

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

None--After 05/12/2009, liquor purchased by on-premise banquet licensees will no longer have a state label. The fact that these licensees have bottles without the label will have no cost or savings to the state budget.

local governments:

None--The state label was a requirement of the Liquor Act, and not requiring on-premise banquet licensees to have bottles with the label will not affect local governments.

small businesses and persons other than businesses:

None--There is no cost or savings to the licensee or others in not having liquor bottles with state labels since the labels are affixed by the state store and/or package agency.

Compliance costs for affected persons:

None--There is no cost or savings to the licensee in not having liquor bottles with state labels since the labels are affixed by the state store and/or package agency.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no reason there will be a fiscal impact for businesses as a result of this proposed amendment. Dennis R. Kellen, Director

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:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Dennis R. Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-4D. On-Premise Banquet License.

[R81-4D-10. State Label.

All liquor consumed on the premises of an on-premise banquet license must come from a container or package having an official state label affixed.

 

]KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [July 30, 2008]2009

Notice of Continuation: July 31, 2008

Authorizing, and Implemented or Interpreted Law: 32A-1-107