DAR File No. 40385

Alcoholic Beverage Control, Administration

Rule R81-8

Manufacturer Licenses (Distillery, Winery, Brewery)

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40385
Filed: 05/02/2016 11:16:43 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:

Section 32B-2-202 authorizes the Alcoholic Beverage Control (ABC) Commission to adopt and issue rules; to set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and to prescribe the conduct, management, and equipment of any premise where alcohol is sold, served, consumed, or stored.

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

Public comment has been received regarding implementation of new legislation, which must be initiated within 180 days of 07/01/2016. As the department is still working with stakeholders, those changes have not yet been filed for rulemaking as of today, 05/02/2016.

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

The rule regulates operations of manufacturers who produce spirituous liquors, wines, and beers within the state of Utah. It underscores the need for those desiring a manufacturing license to bring a completed application before the ABC Commission for approval; requires brewers located outside the state of Utah to obtain a certificate of approval from the department before selling or delivering beer to licensed wholesalers or retailers in the state; and regulates the operations of wine tasting facilities on the premises of licensed wineries. All of the regulations set forth in this rule remain important and applicable to the operations of alcoholic beverages manufacturers located within the state of Utah. Therefore, this rule should be continued.

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

Effective:

05/02/2016

Authorized by:

Sal Petilos, Executive Director