Utah Admin. Code R82-10-601 - Religious Wine Permits
(1) Authority. This
rule is made pursuant to the implicit authority Title 32B, Chapter 10, Part 6,
Religious Use of Alcoholic Products, and the explicit authority of section
32B-2-202, which authorizes the
Commission to make rules regarding the procedures and criteria for a
permittee.
(2) Purpose. This rule
outlines the procedures for a religious wine permit holder to purchase wine for
religious purposes, and the procedures Department personnel shall follow to
process the purchase.
(3)
Application of Rule.
(a) The permit holder
may purchase any generally listed wine directly off the shelf of any state
store or package agency at a charge of cost plus freight. The cashier shall
first verify that the purchasing religious organization is a holder of a permit
on file in the Department's licensee or permittee data base. The cashier shall
determine the cost plus freight price of the wine. The wine may be purchased
only with cash or a check belonging to the religious organization, and not with
an individual's personal check or credit card. Checks shall be deposited in the
ordinary course of business with other checks.
(b) The permit holder may order wine for
religious purposes directly from a winery and have the winery ship the wine
prepaid at a charge of cost plus freight to the Department's central
administrative warehouse. The warehouse shall deliver the wine to the state
store or package agency nearest to the permit holder's church. The state store
or package agency shall notify the permit holder when the product is available
for pick-up.
(c)
(i) The permit holder may place a special
order for wines not generally listed by the Department only if the winery will
not sell directly to the permit holder.
(ii) Special orders may be placed only with
the special order clerk at the Department's administrative office.
(iii) No special orders may be placed with a
state store or package agency.
(iv)
The special order clerk shall verify that the purchasing religious organization
is on file in the Department's licensee or permittee data base, place the
order, assign it a special order code number, assess a charge of cost plus
freight, and have the wine delivered to the state store or package agency
nearest to the permit holder's church.
(v) The state store or package agency shall
notify the permit holder when the product is available for pick-up.
(vi) All procedures for processing the
purchase that are outlined in (3)(a) above shall be followed by the state store
or package agency to complete the sale.
Notes
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