No. 40379 (5-year Review): Rule R81-3. Package Agencies

DAR File No.: 40379
Filed: 05/02/2016 10:44:28 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:

Written comments have been received regarding Type 5 Package Agency location, delivery, accounting, and product availability. The department engaged in rulemaking to address the location of the agency on premise of the manufacturing facility and is working with stakeholders to revise rules to address the other issues.

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 at liquor package agencies throughout the state of Utah. It defines the five package agency types; addresses requirements for a change of package agency operator or location; clarifies compliance bond requirements; establishes procedures for special orders of liquor by the public and procedures for the return, refund, or exchange of liquor; requires package agents to post a warning sign on the premises; establishes guidelines for appropriate identification for liquor purchases; addresses how each type of package agency may list and promote products; establishes requirements for package agents who sell liquor on consignment; establishes application and evaluation guidelines for persons requesting a package agency contract; sets the operational restrictions for each agency type; sets guidelines for refusal of service to patrons; addresses the issue of minors on the package agency premises; permits type 4 package agencies to provide room service; and sets guidelines for package agency personnel to accept credit cards for the purchase of liquor. All of the regulations set forth in this rule remain important and applicable to the operations of a liquor package agency. 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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