Utah Admin. Code R82-2-106 - Sales Restrictions on Products of Limited Availability and Rare, High Demand Products
(1) Authority
and Purpose. This rule is pursuant to sections
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
rare, high demand products and 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 rare, high demand
products, including policies for a drawing, when the director determines a
special procedure is appropriate.
Notes
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