No. 27036 (Amendment): R81-2-10. State Store Hours

DAR File No.: 27036
Filed: 04/01/2004, 12:42
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Administrative Rulemaking Act was amended in 2003 to provide that an agency's written statements that restrict the legal rights of a public class of persons or another agency must be in rule and go through the rulemaking process. The operating hours of state liquor stores have been established by internal department policy in the past, however, this proposed rule amendment will relocate the store hours in administrative rule to conform with the Rulemaking Act. (DAR NOTE: The Utah Administrative Rulemaking Act was amended by S.B. 30 (2003), which is found at UT L 2003 Ch 197, and was effective May 5, 2003.)

 

Summary of the rule or change:

This proposed rule establishes the operating hours of state liquor stores.

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107 and Subsection 32A-2-103(6)(e)

 

Anticipated cost or savings to:

the state budget:

None--The operating hours of state liquor stores have been established for years. Relocating the operating hours in administrative rule will not affect the state's budget.

 

local governments:

None--Liquor is handled in the state of Utah by state government. Establishing the operating hours of state stores in administrative rule will have no fiscal affect of local governments.

 

other persons:

None--Liquor stores throughout the state of Utah have varied operating hours depending on location and demographics. It is the intent of the Department of Alcoholic Beverage Control (DABC) to have liquor reasonably available to those who choose to purchase it. Establishing the operating hours in administrative rule will not fiscally effect other persons.

 

Compliance costs for affected persons:

None--Since this proposed rule merely establishes in administrative rule the operating hours of state liquor stores, there is no compliance cost for affected persons.

 

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

The DABC carefully assesses the needs of the buying public when locating a state liquor store and then determines the operating hours relative to the needs of the customers who will likely shop at that location. It is the department's belief that these operating hours reasonably satisfy the needs of the individual customer as well as any businesses that purchase alcoholic beverages.

 

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:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at [e-mail]

 

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:

05/17/2004

 

This rule may become effective on:

05/18/2004

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-2. State Stores.

R81-2-10. State Store Hours.

(1) 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 32A-2-103(6);

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

(2) 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, and customer demand in the area.

 

KEY: alcoholic beverages

[July 1, 2002]2004

Notice of Continuation November 16, 2001

32A-1-107

32A-1-301 to 32A-1-305