No. 27048 (Amendment): R81-8-3. Winery Tasting Facilities

DAR File No.: 27048
Filed: 04/01/2004, 03:58
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. This rule amendment is proposed to conform to 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:

Wineries licensed in the state of Utah are permitted to have wine tasting facilities on their premises. This proposed rule amendment establishes operational guidelines for these facilities.

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107

 

Anticipated cost or savings to:

the state budget:

None--Wineries within the state of Utah have been permitted to conduct tastings of their products on the winery premises for many years. The guidelines for these tasting rooms have been written in internal department policy. Relocating these guidelines in administrative rule will not create a cost or savings to the state budget.

 

local governments:

None--Wineries in the state of Utah are regulated by state government. Establishing guidelines for operating the product tasting facilities at these wineries will not affect local governments.

 

other persons:

None--Relocating these regulations from internal department policy to administrative rule will impose no costs to the persons affected.

 

Compliance costs for affected persons:

None--There will be no compliance costs because regulated individuals must still follow the same requirements, only now the requirements are in administrative rule rather than internal department policy.

 

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

There should be no fiscal impact on businesses because, besides the winery itself, no other businesses are involved in the operation of the product tasting rooms at wineries in the state of Utah.

 

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.

R81-8. Manufacturers (Distillery, Winery, Brewery).

R81-8-3. Winery Tasting Facilities.

(1) Purpose. Pursuant to 32A-8-201(4), a licensed winery may allow the consumption of samples of wine on the premises of the winery as long as food is available. This rule establishes guidelines for tasting facilities on winery premises.

(2) Application of Rule. A winery licensee may operate on its manufacturing premises a tasting facility allowing the consumption of wine samples at a site approved by the department under the following conditions:

(a) The tasting area must be located on the winery premises.

(b) Food must be available in the tasting area.

(c) Records required by the department shall be kept current and available to the department for auditing purposes. This includes a daily record of all products and quantities tasted.

(d) The storage area floor plan for the tasting facility must be approved by the department and may not be relocated without department approval.

(e) Wine samples may not exceed two ounces per glass.

(f) Samples may not be removed from the winery premises.

(g) Sample tastings may not be conducted off of the winery premises.

 

KEY: alcoholic beverages

[April 29, 2002]2004

Notice of Continuation December 18, 2001

32A-1-107