R81-1-23. Sales Restrictions on High Demand Products of Limited Availability

  (1) Authority and Purpose. This rule is pursuant to Section 32B-1-103, which requires that alcoholic product control be operated as a public business using sound management principles, and 32B-2-202, which authorizes the Department to control liquor merchandise inventory. Some alcoholic beverage products are of very limited availability from their manufacturers and suppliers to retailers including the department. When the department perceives that customer demand for these limited products may exceed the department's current and future stock levels, the department, as a public agency, may place restrictions on their sales to ensure their fair distribution to all consumers. This also encourages manufacturers and suppliers to continue to provide their products to the department. This rule establishes the procedure for allocating products of limited availability.

  (2) Application of Rule.

  (a) The purchasing and wine divisions of the department shall identify those products that are of limited availability and designate them as "Limited/Allocated Status" ("L Status") items. The products shall be given a special "L Status" product code designation.

  (b) "L Status" products on the department's price list, in stock, or on order, do not have to be sold on demand. Their sales to the general public and to licensees and permittees may be restricted. The purchasing and wine divisions of the department may issue system-wide restrictions directing the allocation of such products which may include placing limits on the number of bottles sold per customer.

  (c) Signs noting this rule shall be posted in state stores and package agencies that carry "L Status" products.

  (3) The Department may make policies governing procedures for the fair distribution of high demand products, including policies for a drawing, when the director determines a special procedure is appropriate.