DAR File No. 39330
This rule was published in the May 15, 2015, issue (Vol. 2015, No. 10) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Accepting Credit Cards as Payment for Liquor
Notice of Proposed Rule
DAR File No.: 39330
Filed: 04/30/2015 04:51:57 PM
Purpose of the rule or reason for the change:
This section is removed to allow the director to make internal department policies regarding a payment for products.
Summary of the rule or change:
This change removes the prohibition of credit card sales by licensees and will also move operational requirements regarding the use of credit cards to department policies.
State statutory or constitutional authorization for this rule:
- Section 32B-2-202
Anticipated cost or savings to:
the state budget:
None--This rule is necessary to authorize the director to make internal department policies regarding payment for products. Any cost to the state has been authorized by the legislature through the budgetary process and not as a result of this rule amendment.
This rule is necessary to authorize the director to make internal department policies regarding payment for products and does not affect local government. Therefore will not incur any cost or savings to local government.
This rule is necessary to authorize the director to make internal department policies payment for products. There will be no anticipated cost or savings for small businesses.
persons other than small businesses, businesses, or local governmental entities:
This rule is necessary to authorize the director to make internal department policies regarding payment for products. There will be no anticipated cost or savings for persons other than small businesses, businesses or local government entities.
Compliance costs for affected persons:
None--This rule is necessary to authorize the director to make internal department policies regarding payment for products. Any changes to the program will not have compliance costs passed on to the consumer without going through the fee assessment processes outlined in Section 63J-1-504.
Comments by the department head on the fiscal impact the rule may have on businesses:
None--This rule is necessary to authorize the director to make internal department policies regarding payment for products. Any fiscal impact has been authorized by the legislature through the budgetary process and not as a result of this rule amendment.
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
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 firstname.lastname@example.org
- Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Sal Petilos, Executive Director
R81. Alcoholic Beverage Control, Administration.
R81-2. State Stores.
Accepting Credit Cards as Payment for Liquor.]
(1) Purpose. This rule explains the procedures to be
followed by state liquor store employees in accepting credit cards
for the purchase of alcoholic beverages. (2) Application of Rule. (a) The owner of the credit card must furnish the cashier
with their actual credit card. No sale may be based on the
customer merely furnishing a credit card number, or another
person's credit card, including that of their
spouse. (b) The cashier shall examine the security features on
the card such as signature, account number, expiration date, and
hologram before accepting the card. (c) The card must be signed by the card holder. (d) If for any reason the credit card cannot be scanned,
the cashier shall hand-key the credit card number into the cash
register keyboard. If the transaction is approved, the cashier
shall imprint a copy of the credit card, and have the card holder
sign it. (e) After the cashier scans or hand-keys a credit card,
the credit card company may approve or reject the transaction. A
rejection may indicate that the card has been stolen, the
customer's account is over-drawn, the card has expired, or
some other problem. The cashier may receive several messages from
the credit card company. (i) If the message is "decline" or "card
not accepted", the cashier should return the card to the
customer, suggest another form of payment, and suggest that the
customer contact the issuer of the card. (ii) If the message is "call" or "call
hold", the store employee should hold the card and either
phone the credit card company's voice authorization center
for more information, or enter a "code 10" request. The
voice authorization center may instruct that the card be
confiscated. The card should then be obtained only if it can be
done by peaceful means, and if the card holder voluntarily agrees
to surrender the card. The "code 10" request will
result in the credit card company researching the status of the
card and approving the transaction with a "yes" or
rejecting the transaction with a "no" prompt. At no
time should store employees put themselves at risk by
confiscating a credit card against the desires of the cardholder.
If the card can be willingly surrendered and confiscated, the
store employee should destroy the card by cutting it in half
lengthwise shortly after leaving the customer's presence. The
card pieces should then be sent to the card owner's bank with
a completed ABC Department LQ-55 form having been filled out by a
store employee. (f) Credit card receipts contain confidential information
that must be safeguarded. Cashiers should not throw the receipts
in the trash. State store managers and their employees should
consult their regional manager concerning proper storage and
disposal of receipts. (g) Refunds, or exchanges of products of unequal value
that were purchased with a credit card, shall be handled by
crediting the customer's credit card account. The cash
register must be balanced by doing a return at the
register. (h) Licensee purchases may not be paid by credit card.
Licensee purchases may be only in cash or by check.
KEY: alcoholic beverages
Date of Enactment or Last Substantive Amendment: [
April 30, 2013]
Notice of Continuation: May 10, 2011
Authorizing, and Implemented or Interpreted Law: 32B-2-202
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at firstname.lastname@example.org; Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.