R81-10-1. Separation of Alcoholic Beverages from Non-Alcoholic Beverages and Required Signage

  (1) Authority and General Purpose. This rule is pursuant to 32B-7-202(6)(a)(ii) that requires:

  (a) an off-premise beer retailer to prominently display a sign in each area where beer is sold, an easily readable sign that reads in print that is no smaller than .5 inches, bold type, "These beverages contain alcohol. Please read the label carefully," and requires the commission to define by rule the format of the sign.

  (2) Application of the Rule.

  (a) Sign requirements.

  (i) The sign required by 32B-7-202(6)(a)(ii) must be:

  (A) prominently posted in all areas where beer is sold;

  (B) easily readable by the consumer;

  (C) in print that is no smaller than .5 inches, bold type.

  (ii) The print on the sign must be clearly readable and on a solid, contrasting background.

  (iii) The size of the sign, and the size of the print must be sufficiently large so as to be readable, and clearly and unambiguously convey to a consumer that the beverage products displayed in that area contain alcohol. In no instance may the sign be smaller than 8.5 inches x 3.5 inches.

  (iv) Additional signs may be necessary depending on the size and type of display area. For example, an entire aisle devoted to beer products may require more than one sign to adequately inform the consumer.