No. 40378 (5-year Review): Rule R81-2. State Stores

DAR File No.: 40378
Filed: 05/02/2016 10:39:50 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 32B-2-202 authorizes the Alcoholic Beverage Control (ABC) Commission to adopt and issue rules; to set policy by rule that establishes criteria and procedures for granting, denying, suspending, or revoking licenses and permits; and to prescribe the conduct, management, and equipment of any premise where alcohol is sold, served, consumed, or stored.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received during the five-year review period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule regulates operations in state liquor stores. It addresses for liquor returns, refunds, and exchanges; requires that state stores post a warning sign; establishes guidelines to ensure employees acquire appropriate identification from customers; addresses what advertising is permitted; sets standards for refusal of service; prohibits minors from purchasing alcoholic beverages; establishes standards for accepting checks and credit cards for the purchase of alcoholic beverages; establishes store hours; designates how much access industry members may have to the stores' premises; and establishes procedures for store site selection. All of the regulations set forth in this rule remain important and applicable to liquor store operations. Therefore, this rule should be continued.

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:

• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]
• Andrew Hofeling at the above address, by phone at 801-977-6835, by FAX at 801-977-6888, or by Internet E-mail at [e-mail]

Effective:

05/02/2016

Authorized by:

Sal Petilos, Executive Director

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