DAR File No. 39907

Alcoholic Beverage Control, Administration

Section R81-2-10

State Store Hours

Notice of Proposed Rule

(Amendment)

DAR File No.: 39907
Filed: 11/02/2015 02:57:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission.

Summary of the rule or change:

This commission rule authorizes the director to set hours of operations for each state store and establish internal department policies for sales during operational hours. The rule outlines the factors that must be considered in setting store hours and policies. The rule also requires commission oversite by requiring periodic reporting by the director as required by Subsection 32B-2-202(1)(k).

State statutory or constitutional authorization for this rule:

• Subsection 32B-2-503(5)
• Section 32B-2-202
• Section 32B-2-206

Anticipated cost or savings to:

the state budget:

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission. 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:

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission and does not affect local government. Therefore, the amendment will not impose any cost or savings to local government.

small businesses:

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission. There are no anticipated cost or savings for small businesses.

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

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission. There are no anticipated cost or savings for persons other than small businesses, businesses or local government entities.

Compliance costs for affected persons:

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission. This rule anticipates the needs of the consumer in setting store hours. There are no anticipated compliance costs for affected persons.

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

None--This rule amendment is necessary to authorize the director to set store operational hours for delivery and sales with oversight by the commission. There is no anticipated fiscal impact for businesses.

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:

12/15/2015

This rule may become effective on:

12/22/2015

Authorized by:

Sal Petilos, Executive Director

R81. Alcoholic Beverage Control, Administration.

R81-2. State Stores.

R81-2-10. State Store Hours.

(1) Authority and purpose: As authorized by 32B-2-503(5)(b), this rule establishes the days and hours for state stores operations.

(2) Authorized days of operation: State stores may not operate [Sale or delivery of liquor may not be made on the premises of any state store, nor may any state store be kept open for the sale of liquor:

(a) ]on any day prohibited by 32B-2-503(5) (a).[;

(b) on any other day before 10 a.m. or later than 10 p.m.]

[(2)](3) Authorized hours of operation: [Subject to the restrictions of subsection (1), the department may adjust the sales hours for each state store based on such factors as the locality of the store, tourist traffic, demographics, population to be served, customer demand in the area, and budgetary constraints.] Pursuant to 32B-2-202(1) (b) and (k) and in accordance 32B-2-206(1) and(2), this rule authorizes the director to set hours of operations for each state store and establish internal department policies for sales during operational hours based on the following factors.

(a) the locality of the store;

(b) tourist traffic;

(c) demographics;

(d) population to be served;

(e) customer demand in the area;

(f) whether the store is designed for licensee sales; and

(g) budgetary constraints.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [ August 25, ]2015

Notice of Continuation: May 10, 2011

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