No. 31275 (Amendment): R81-1-10. Wine Dispensing.

DAR File No.: 31275
Filed: 04/28/2008, 02:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

In reviewing this 18-year-old rule, the Department of Alcoholic Beverage Control (DABC) staff is proposing it be removed because there is no statutory requirement that wine dispensing records be kept. The ABC Commission concurs.

Summary of the rule or change:

The ABC Commission has recommended that since the statute does not require licensees to keep wine dispensing records, this section should be removed.

State statutory or constitutional authorization for this rule:

Section 32A-1-107

Anticipated cost or savings to:

the state budget:

There will be no costs to state government in removing this section. If there are savings, they will be in time saved by DABC staff members who check dispensing records during their annual licensee audits. An actual dollar figure is unavailable.

local governments:

None--Local governments do not regulate the dispensing of wine in licensed establishments.

small businesses and persons other than businesses:

Many licensed clubs and restaurants have fewer than 50 employees. Though it is difficult to calculate an exact cost of time spent maintaining wine dispensing records, the repeal of this requirement should save man-hours in these establishments. There is no apparent cost or savings to others.

Compliance costs for affected persons:

Many licensed clubs and restaurants sell wine. Though it is difficult to calculate an exact cost of time spent maintaining wine dispensing records, the repeal of this requirement should save man-hours in these establishments.

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

This section has been on the books for many years. It was originally written at the end of the mini bottle era to create a control on wine sales. DABC staff and the ABC Commission have determined that since maintaining wine dispensing records is not mandated by statute and since wine is not dispensed through a metered dispensing system, there is no longer a need to require licensees to maintain dispensing records. The removal of this section will save licensees time, effort, and money. Dennis R. Kellen, 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:

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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

Dennis R. Kellen, Director

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

[R81-1-10. Wine Dispensing.

(1) Each licensee shall keep daily records that compare the number of portions of wine by the glass dispensed to the number of portions sold. These records shall indicate:

(a) the brands of each wine dispensed by the glass;

(b) the portion size, not to exceed five ounces per portion, and the number of portions dispensed by the glass of each wine by brand and sales price level;

(c) the portion size and number of portions sold by the glass of each wine by brand and sales price level; and

(d) a comparison of the number of portions dispensed to the number of portions sold including an explanation of any variances.

These records must be made available for inspection and audit by the department or law enforcement.]

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [August 27, 2007]2008

Notice of Continuation: August 31, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107; 32A-1-119(5)(c); 32A-3-103(1)(a); 32A-4-103(1)(a); 32A-4-106(22); 32A-4-203(1)(a); 32A-4-304(1)(a); 32A-4-307(22); 32A-4-401(1)(a); 32A-4-403(1)(a); 32A-5-103(1)(a); 32A-5-107(40); 32A-6-103(2)(a); 32A-7-103(2)(a); 32A-7-106(5); 32A-8-103(1)(a); 32A-8-503(1)(a); 32A-9-103(1)(a); 32A-10-203(1)(a); 32A-10-206(14); 32A-10-303(1)(a); 32A-10-306(5); 32A-11-103(1)(a)