No. 32577: R81-4D-10. State Label

DAR File No.: 32577
Filed: 04/29/2009, 11:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is 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 change 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 proposed amendment is under DAR No. 32576 in this issue, May 15, 2009, of the Bulletin.)

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 change. Dennis R. Kellen, Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

S.B. 187 was effective on 05/12/2009. This change must be in place by that date to provide guidelines for licensees and law enforcement agencies to comply with the new law.

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:

This rule is effective on:

05/01/2009

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: May 1, 2009

Notice of Continuation: July 31, 2008

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