DAR File No. 37365

Alcoholic Beverage Control, Administration

Section R81-2-12

Store Site Selection

Notice of Proposed Rule

(Amendment)

DAR File No.: 37365
Filed: 02/28/2013 11:15:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

It is necessary for the commission to write rules to comply with Subsection 32B-2-202(1)(c)(ii), which requires a rule for state store site selection.

Summary of the rule or change:

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

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 filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute.

local governments:

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

small businesses:

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

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

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

Compliance costs for affected persons:

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

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

None--This rule filing simply makes DABC rules consistent with the new 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

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:

04/15/2013

This rule may become effective on:

04/22/2013

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 Section 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 32B-2-502 then make its recommendation to the commission .

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [October 1, 2011]2013

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-1-607; 32B-2-202