No. 34796 (5-year Review): Rule R81-11. Beer Wholesalers

DAR File No.: 34796
Filed: 05/10/2011 11:22:26 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:

The rule regulates operations of licensed beer wholesalers located in the state. It underscores the need for a license applicant to submit a completed application for ABC Commission approval; regulates the transfer of a license to another person; requires ABC Commission approval for a change of trade name; and establishes guidelines for transferring the license in the event of the death of a partner when the license is held by a partnership. All of the regulations set forth in this rule remain important and applicable to the operations of a beer wholesaler. 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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