DAR File No. 37673

Alcoholic Beverage Control, Administration

Rule R81-10

Off-Premise Beer Retailers

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37673
Filed: 05/31/2013 11:24:06 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:

This rule is pursuant to Subsection 32B-7-202(5) that requires an off-premise beer retailer to display beer sold by the retailer in an area that is visibly separate and distinct from the area where a nonalcoholic beverage is displayed, and requires the commission to define by rule what constitutes an "area that is visibly separate and distinct from the area where a nonalcoholic beverage is displayed" and to prominently post in the separate and distinct area where beer is sold, an easily readable sign that reads in print that is no smaller than 0.5 inches, bold type, "These beverages contain alcohol. Please read the label carefully," and requires the commission to define by rule the format of the sign.

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

There are no records of written comments received during the five-year review period.

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

Subsection 32B-7-202(5) requires that there be clear and specific separation of alcoholic beverages from non-alcoholic beverage in off-premise outlets. The rule is necessary to provide guidelines for outlet to follow when placing these products on their premises. It also addresses specific language to be used in alcoholic beverage signage in retail outlets.

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

Authorized by:

Sal Petilos, Executive Director

Effective:

05/31/2013