No. 27037 (Amendment): R81-2-11. Industry Members in State Stores

DAR File No.: 27037
Filed: 04/01/2004, 02:05
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Administrative Rulemaking Act was amended in 2003 to provide that an agency's written statements that restrict the legal rights of a public class of persons or another agency must be in rule and go through the rulemaking process. The Department of Alcoholic Beverage Control (DABC) has regulated the activities of industry members in state stores for many years by internal department policy. This rule amendment is being proposed to conform with the Rulemaking Act. (DAR NOTE: The Utah Administrative Rulemaking Act was amended by S.B. 30 (2003), which is found at UT L 2003 Ch 197, and was effective May 5, 2003.)

 

Summary of the rule or change:

This proposed rule amendment places in administrative rule the regulations by which an industry member may conduct business in state liquor stores. "Industry member" is defined as an alcoholic beverage manufacturer, producer, supplier, importer, wholesaler, bottler, or any of its affiliates, subsidiaries, officers, directors, partners, agents, employees, or representatives.

 

State statutory or constitutional authorization for this rule:

Section 32A-1-107

 

Anticipated cost or savings to:

the state budget:

None--This proposed rule amendment will have no fiscal impact on the state budget. It only places in administrative rule the guidelines by which liquor industry members may conduct business in the storage area and office of state liquor stores.

 

local governments:

None--Liquor in the state of Utah is handled exclusively by the state government. Limiting the activities of industry members in state liquor stores will have no fiscal impact on local governments.

 

other persons:

None--This proposed rule amendment will not fiscally impact other persons. The intent of the proposed amendment is to place in administrative rule the restrictions imposed upon liquor industry members who want to be involved in the daily operations of state liquor stores.

 

Compliance costs for affected persons:

The limits imposed on liquor industry representatives who choose to be involved in the daily operations of state liquor stores have been in place for many years. Since relocating these limits into DABC's administrative rules will not affect the activities of these industry members, there will be no additional compliance costs involved.

 

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

The passage of this proposed rule will have no fiscal impact on businesses. For years, industry members have been allowed into the storage areas and offices of state liquor stores for the purpose of stocking their products and discussing product characteristics with store managers and staff. Nothing will change except that the rules for their involvement will now be in administrative rule and not just internal department policy.

 

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:

05/17/2004

 

This rule may become effective on:

05/18/2004

 

Authorized by:

Kenneth F. Wynn, Director

 

 

RULE TEXT

R81. Alcoholic Beverage Control, Administration.

R81-2. State Stores.

R81-2-11. Industry Members in State Stores.

An industry member, as defined in 32A-12-601, shall be limited to the customer areas of a state store except as follows:

(1) An industry member may be allowed in the storage area of a state store with the approval of the store manager for the limited purpose of stocking the industry member's own products; and

(2) An industry member may be allowed in the office or other suitable area of a state store with the approval of the store manager for the purpose of discussing the industry member's products.

 

KEY: alcoholic beverages

[July 1, 2002]2004

Notice of Continuation November 16, 2001

32A-1-107

32A-1-301 to 32A-1-305