No. 42931 (5-year Review): Rule R81-10. Off-Premise Beer Retailers

DAR File No.: 42931
Filed: 05/23/2018 10:24:22 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:

This rule is pursuant to Subsection 32B-7-202(6) that requires an off-premise beer retailer to display beer sold by the retailer in a location that is a display cabinet, cooler, aisle, floor display, or room and to prominently post in the location where beer is sold, an easily readable sign that reads, in print that is no smaller than 0.5 inches, bold type, "These beverages contain alcohol. Please read the label carefully," and requires the Alcohol Beverage Commission to define, by rule, the format of the sign.

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

There are no records of written comments 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 will need to be modified to address changes to the law passed in the 2017 and 2018 General Sessions. However, this rule is still necessary to define the format of the signage. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• 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]
• 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]

Effective:

05/23/2018

Authorized by:

Sal Petilos, Executive Director

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