No. 32576 (Amendment): R81-4D-10. State Label  

  • DAR File No.: 32576
    Filed: 04/29/2009, 11:48
    Received by: NL

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    This amendment is proposed to implement S.B. 187 which was passed by the 2009 State Legislature. (DAR NOTE: S.B. 187 (2009) is found at Chapter 383, Laws of Utah 2009, and was effective 05/12/2009.)

    Summary of the rule or change:

    The requirement for state labels on liquor containers was eliminated by S.B. 187. This amendment eliminates the need for on-premise banquet licensees to only sell or serve liquor with a state label on the container. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 32577 in this issue, May 15, 2009, of the Bulletin and was effective 05/01/2009.)

    State statutory or constitutional authorization for this rule:

    Section 32A-1-107

    Anticipated cost or savings to:

    the state budget:

    None--After 05/12/2009, liquor purchased by on-premise banquet licensees will no longer have a state label. The fact that these licensees have bottles without the label will have no cost or savings to the state budget.

    local governments:

    None--The state label was a requirement of the Liquor Act, and not requiring on-premise banquet licensees to have bottles with the label will not affect local governments.

    small businesses and persons other than businesses:

    None--There is no cost or savings to the licensee or others in not having liquor bottles with state labels since the labels are affixed by the state store and/or package agency.

    Compliance costs for affected persons:

    None--There is no cost or savings to the licensee in not having liquor bottles with state labels since the labels are affixed by the state store and/or package agency.

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

    There is no reason there will be a fiscal impact for businesses as a result of this proposed amendment. 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 smackay@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:

    06/15/2009

    This rule may become effective on:

    06/22/2009

    Authorized by:

    Dennis R. Kellen, Director

    RULE TEXT

    R81. Alcoholic Beverage Control, Administration.

    R81-4D. On-Premise Banquet License.

    [R81-4D-10. State Label.

    All liquor consumed on the premises of an on-premise banquet license must come from a container or package having an official state label affixed.

     

    ]KEY: alcoholic beverages

    Date of Enactment or Last Substantive Amendment: [July 30, 2008]2009

    Notice of Continuation: July 31, 2008

    Authorizing, and Implemented or Interpreted Law: 32A-1-107

     

     

Document Information

Effective Date:
6/22/2009
Publication Date:
05/15/2009
Filed Date:
04/29/2009
Agencies:
Alcoholic Beverage Control,Administration
Rulemaking Authority:

Section 32A-1-107

Authorized By:
Dennis R. Kellen, Director
DAR File No.:
32576
Related Chapter/Rule NO.: (1)
R81-4D-10. State Label.