Alcoholic Beverage Control, Administration

Section R81-6-6

Religious Wine Permits

Notice of Proposed Rule

(Amendment)

DAR File No.: 35099
Filed: 07/28/2011 01:56:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove antiquated references to the "state label" which was previously eliminated from statute by S.B. 187 passed in the 2009 General Session, and to fix typographical errors.

Summary of the rule or change:

This rule amendment removes antiquated references to the "state label". The Legislature eliminated the use of state labels in S.B. 187 passed in the 2009 General Session.

State statutory or constitutional authorization for this rule:

• Section 32-2-202

Anticipated cost or savings to:

the state budget:

None--This is a housekeeping amendment to remove antiquated references to the "state label" that has not been in use since 2009 and will have no cost or savings to the state budget.

local governments:

None--The Religious Wine Permit is a state permit and has no cost or savings effect on local governments.

small businesses:

None--The Religious Wine Permit is for religious organizations to provide alcoholic product to a person as part of the religious organization's religious services. The rule has no effect on small businesses.

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

None--This rule regulates religious organizations only and will have no effect on other persons.

Compliance costs for affected persons:

The housekeeping changes in this amendment will not impose any compliance costs for affected religious organizations.

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

This is a housekeeping amendment to strike language that should have been removed after S.B. 187 became law in 2009. It is being done now and will have no fiscal impact on businesses.

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:

09/14/2011

This rule may become effective on:

09/22/2011

Authorized by:

Dennis Kellen, Director

R81-1. Alcoholic Beverage Control, Administration.

R81-6. Special Use Permits.

R81-6-6. Religious Wine Permits.

(1) Purpose. This rule outlines the procedures for a religious wine permit holder to purchase wine for religious purposes, and the procedures department personnel shall follow to process the purchase.

(2) Application of Rule.

(a) The permit holder may purchase any generally listed wine directly off of the shelf of any state store or package agency at a charge of cost plus freight. The cashier shall first verify that the purchasing religious organization is a holder of a permit on file in the department's licensee/permittee data base. The cashier shall determine the cost plus freight price of the wine. The wine may be purchased only with cash or a check belonging to the religious organization, and not with an individual's personal check or credit card. Checks shall be deposited in the ordinary course of business with other checks.[If wines are purchased by the case, the cases must be opened and the individual bottles marked with the state label.]

(b) The permit holder may order wine for religious purposes directly from the winery and have the winery ship the wine prepaid at a charge of cost plus freight to the department's central administrative warehouse. The warehouse shall deliver the wine to the state store or package agency nearest to the permit holder's church. [The state store or package agency shall open any cases and mark individual bottles with the state label.] The state store or package agency shall notify the permit holder when the product is available for pick-up.

(c) The permit holder may place a special order for wines not generally listed by the department only if the winery will not sell directly to the permit holder. Special orders may be placed only with the special order clerk at the department's administrative office. No special orders may be placed with a state store or package agency. The special order clerk shall verify that the purchasing religious organization is on file in the department's licensee/permittee data base, place the order, assign it a special order code number, assess a charge of cost plus freight, and have the wine delivered to the state store or package agency nearest to the permit holder's church. The state store or package agency shall notify the permit holder when the product is available for pick-up. All procedures for processing the purchase that are outlined in (a) above shall be followed by the state store or package agency to complete the sale.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [June 1, 2004]2011

Notice of Continuation: May 10, 2011

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