DAR File No. 37115

Alcoholic Beverage Control, Administration

Section R81-2-12

Store Site Selection

Notice of 120-Day (Emergency) Rule

DAR File No.: 37115
Filed: 12/18/2012 05:15:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new section establishes criteria and procedures for determining the location of a state store.

Summary of the rule or change:

It is necessary for the commission to write emergency rules to comply with Subsection 32B-2-202(i)(c)(ii), which requires a rule for state store selection.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: An emergency rule is necessary for the agency to comply with state statute that administrative rules be in place within six months of enactment. Here it has been six months since enactment and no rule has been put in place regarding store site selection as required by Subsection 32B-2-202(1)(c)(ii).

State statutory or constitutional authorization for this rule:

• Subsection 32B-2-202(1)(c)(ii)
• Section 32B-1-607

Anticipated cost or savings to:

the state budget:

None--This rule simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with statute.

local governments:

None--This rule simply makes the DABC rules consistent with statute.

small businesses:

None--This rule simply makes the DABC rules consistent with statute.

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

None--This rule simply makes the DABC rules consistent with statute.

Compliance costs for affected persons:

None--This rule simply makes the DABC rules consistent with statute.

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

None--This rule simply makes the DABC rules consistent with statute.

Salvador D. Petilos, Executive 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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov

This rule is effective on:

12/18/2012

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-2. State Stores.

R81-2-12. Store Site Selection.

This rule is promulgated pursuant to Subsection 32B-2-202(1)(c)(ii) which requires that criteria and procedures be established for determining the location of a state store: Prior to the commission establishing a new state store, the Operations and Procurement Subcommittee will determine the feasibility of a new site, weigh options and consider the investigation and recommendation of the department as outlined in Section 32B-2-502 then make its recommendation to the commission.

 

KEY: alcoholic beverages, store site selection

Date of Enactment or Last Substantive Amendment: December 18, 2012

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-2-202