Alcoholic Beverage Control, Administration

Rule R81-3

Package Agencies

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34789
Filed: 05/10/2011 11:14:23 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 32A-1-107 authorizes the ABC Commission to adopt and issue rules; set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and prescribe the conduct, management, and equipment of any premises where alcohol is sold, served, consumed, or stored.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Sections R81-3-1 and R81-3-14 were amended to allow not only wineries, but distilleries and breweries to have a package agency on the manufacturing premises. Section R81-3-9 was amended to allow package agencies on manufacturing premises to advertise the location of the package agency and the products produced by the manufacturer. Section R81-3-13 was amended to address the hours of operation in certain package agencies. No public comments were received on any of these changes.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule regulates operations at liquor package agencies throughout the state. It defines the five package agency types; addresses requirements for a change of package agency operator or location; clarifies compliance bond requirements; establishes procedures for special orders of liquor by the public and procedures for the return, refund, or exchange of liquor; requires package agents to post a warning sign on the premises; establishes guidelines for appropriate identification for liquor purchases; addresses how each type of package agency may list and promote products; establishes requirements for package agents who sell liquor on consignment; establishes application and evaluation guidelines for persons requesting a package agency contract; sets the operational restrictions for each agency type; sets guidelines for refusal of service to patrons; addresses the issue of minors on the package agency premises; permits type 4 package agencies to provide room service; and sets guidelines for package agency personnel to accept credit cards for the purchase of liquor. All of the regulations set forth in this rule remain important and applicable to the operations of a liquor package agency. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Earl Dorius at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at edorius@utah.gov
• Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov

Authorized by:

Dennis Kellen, Director

Effective:

05/10/2011