DAR File No. 39331

Alcoholic Beverage Control, Administration

Section R81-3-19

Credit Cards

Notice of Proposed Rule

(Amendment)

DAR File No.: 39331
Filed: 04/30/2015 04:52:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section is removed to authorize the director to make internal department policies regarding payment for products.

Summary of the rule or change:

This filing 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.

local governments:

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.

small businesses:

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
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
• Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at ahofeling@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:

06/15/2015

This rule may become effective on:

06/22/2015

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-3. Package Agencies.

R81-3-19. [Credit Cards.]Reserved.

[(1) Purpose. This rule explains the procedures to be followed by consignment package agents in accepting credit cards for the purchase of alcoholic beverages.

(2) Application of Rule.

(a) Licensee purchases may not be paid by credit card. The department will accept only checks and cash from licensees.

(b) Refunds, or exchanges of products of unequal value, will be handled by crediting the customer's credit card account. The cash register must be balanced by doing a return at the register.

(c) The cashier, when applicable, shall examine the security features of the card such as signatures, account numbers, expiration date, hologram, etc., before accepting any card.

(d) No sale may be made without the credit card. Merely having the credit card number available is not acceptable.

(e) All credit cards must be signed by the card holder.

(f) Customers may not use another person's credit card, including their spouse's card.

(g) Credit card receipts contain confidential information that needs to be safeguarded. Cashiers should not throw them in the trash. Consignment package agents and their employees should consult their audit manager concerning proper storage and disposal of such receipts. Package agents will mail all receipts to the department on a weekly basis for long term storage.

(h) If for any reason the credit card cannot be scanned, the credit card number should be hand keyed into the credit card machine keyboard. Validate the card with an ID and have the customer sign the printout or electronic pad.

]

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [July 17, 2012]2015

Notice of Continuation: May 10, 2011

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