DAR File No. 39417

This rule was published in the June 15, 2015, issue (Vol. 2015, No. 12) of the Utah State Bulletin.


Alcoholic Beverage Control, Administration

Section R81-3-1

Definition

Notice of Proposed Rule

(Amendment)

DAR File No.: 39417
Filed: 06/01/2015 03:25:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to define manufacturing facility and allow flexibility in the location of a type 5 package agency so long as the location is within the same parcel of land as the manufacturing licensed premises.

Summary of the rule or change:

This rule change defines a manufacturing facility (referenced in Subsection 32B-2-605(13)(b)) to include the parcel of land and/or buildings surrounding the manufacturing licensed premises. Current rule requires that the package agency be on the premises of the manufacturing licensed premises. This rule change will allow flexibility for the licensee and the department in determining the most suitable location for a type 5 package agency.

State statutory or constitutional authorization for this rule:

  • Section 32B-2-202
  • Subsection 32B-2-601(4)
  • Subsection 32B-2-605(13)(b)

Anticipated cost or savings to:

the state budget:

None--This rule change allows flexibility in the location of a type 5 package agency, there are no anticipated costs or savings as the department's responsibilities remain the same.

local governments:

None--This rule change allows flexibility in approving the location of a type 5 package agency. This rule change affects the department and the licensee. There are no anticipated costs or savings to local government.

small businesses:

This rule change allows flexibility in the location of a type 5 package agency. Any additional costs or savings to small businesses would result from a business' decision related to the location of the package agency.

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

None--This rule change allows flexibility in the location of a type 5 package agency. There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

None--This rule change allows flexibility in the location of a type 5 package agency. Any costs to licensees would be based on a business decision to relocate their package agency to a new location.

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

This rule change allows flexibility in the location of a type 5 package agency. Any additional cost or savings to businesses would result from a business´┐Ż decision related to the location of the package agency.

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:

07/15/2015

This rule may become effective on:

07/22/2015

Authorized by:

Sal Petilos, Executive Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-3. Package Agencies.

R81-3-1. Definitions.

Package agencies are retail liquor outlets operated by private persons under contract with the department for the purpose of selling packaged liquor from facilities other than state liquor stores for off premise consumption. Package agencies are classified into five types:

Type 1 - A package agency under contract with the department which is operated in conjunction with a resort environment (e.g., hotel, ski lodge, summer recreation area).

Type 2 - A package agency under contract with the department which is in conjunction with another business where the primary source of income to the operator is not from the sale of liquor.

Type 3 - A package agency under contract with the department which is not in conjunction with another business, but is in existence for the main purpose of selling liquor.

Type 4 - A package agency under contract with the department which is located within a facility approved by the commission for the purpose of selling and delivering liquor to tenants or occupants of specific rooms which have been leased, rented, or licensed within the same facility. A type 4 package agency shall not be open to the general public. A type 4 package agency may also sell liquor other than in a sealed container (i.e. by the drink) as part of room service.

Type 5 - A package agency under contract with the department which is [located within a winery, distillery, or brewery]at a manufacturing facility that has been granted a manufacturing license by the commission.

The commission may grant type 4 package agency privileges to a type 1 package agency.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [April 28, ]2015

Notice of Continuation: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-2-601(4); 32B-2-605(13)(b)

 


Additional Information

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/b20150615.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 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.  For questions about the rulemaking process, please contact the Division of Administrative Rules.