Alcoholic Beverage Control, Administration

Rule R81-2

State Stores

Notice of Proposed Rule

(Amendment)

DAR File No.: 35057
Filed: 07/14/2011 10:08:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsequent to legislative action, a review of the rules revealed that references to the state stamp needed to be removed from the rule. An amendment is also made to clarify the factors used in determining state store hours. This amendment also makes nonsubstantive changes subsequent to S.B. 314 (2011 General Session) which recodified the Alcoholic Beverage Control Act and replaced Title 32A with Title 32B effective 07/01/2011.

Summary of the rule or change:

In Section R81-2-2, removes references to the "state stamp" which was previously eliminated from the statute by S.B. 187 passed in the 2009 General Session. In Section R81-2-10, clarifies the factors the DABC may use to adjust state store hours by adding "budgetary constraints" as a factor. Nonsubstantive changes are made to other sections that change references from 32A to the new Title 32B.

State statutory or constitutional authorization for this rule:

• Section 32B-2-202

Anticipated cost or savings to:

the state budget:

None--The DABC stopped using state stamps in 2009 and this amendment removes an antiquated reference to the state stamp. The department already uses "budgetary constraints" as a factor in determining state store hours, and this amendment makes the rule consistent with current practice. There are no costs or savings associated with this rule amendment.

local governments:

None--State stores are operated by the DABC. This rule amendment will not fiscally affect local governments.

small businesses:

None--State stores are operated by the DABC. This rule amendment will not fiscally affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

None--State stores are operated by the DABC. This rule amendment will not fiscally affect other persons.

Compliance costs for affected persons:

None--There should be no additional compliance costs involved in this rule amendment. State stores are already open and operating and nothing more will be required of them by this rule.

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

This rule will have no fiscal impact on businesses. It merely brings the rule in line with current practice at the DABC and state stores and changes references to the new Title 32B.

Dennis 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:

• Neil Cohen at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at ncohen@utah.gov

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:

08/31/2011

This rule may become effective on:

09/22/2011

Authorized by:

Dennis Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-2. State Stores.

R81-2-2. Liquor Returns, Refunds and Exchanges.

(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)](iii) 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 A Returned 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.

 

R81-2-4. Identification Guidelines to Purchase Liquor.

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]32B-1-405. 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.

 

R81-2-10. State Store Hours.

(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(5)]32B-2-503(5);

(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 , and budgetary constraints.

 

R81-2-11. Industry Members in State Stores.

An industry member, as defined in [32A-12-601]32B-4-701, 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.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [November 1, 2005]2011

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: [32A-1-107; 32A-1-301 to 32A-1-305]32B-2-202