No. 34788 (5-year Review): Rule R81-2. State Stores

DAR File No.: 34788
Filed: 05/10/2011 11:13:02 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 32A-1-107 authorizes the ABC Commission to adopt and issue rules; set policy by rule that establishes criteria and procedures for granting, denying, suspending or revoking licenses and permits; and prescribe the conduct, management, and equipment of any premises 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:

None received.

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 procedures for making special orders of liquor by the public and 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; restricts minors from the premises unless accompanied by a parent, legal guardian, or adult spouse; establishes standards for accepting checks and credit cards for the purchase of alcoholic beverages; establishes store hours; and designates how much access industry members may have to the stores' premises. 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:

• Earl Dorius at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at [e-mail]
• Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at [e-mail]

Authorized by:

Dennis Kellen, Director

Effective:

05/10/2011

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