Utah Admin. Code R82-2-306 - Operational Matters
(1) This rule is
made pursuant to Section
32B-2-202, which authorizes the
Commission to make rules governing package agencies.
(2) Hours of Operation.
(a) Type 1 and 2 package agencies may operate
from 10 a.m. until midnight, Monday through Saturday. However, the actual
operating hours may be less in the discretion of the package agent with the
approval of the Department. Type 2 agencies shall be open for business at least
seven hours a day, five days a week, except where closure is otherwise required
by law.
(b) Type 3 package agencies
may operate from 10 a.m. until 10 p.m., Monday through Saturday, but may remain
closed on Mondays at the discretion of the package agent. However, the actual
operating hours may be less in the discretion of the package agent with the
approval of the Department, provided the package agency operates at least seven
hours a day.
(c) Type 4 package
agencies may operate from 10 a.m. until 1 a.m., Monday through Friday, and 10
a.m. until midnight on Saturday. However, the actual operating hours may be
less at the discretion of the package agent with the approval of the
Department. A Type 4 package agency in a resort that is licensed under Title
32B, Chapter 8, Resort License Act may operate 24 hours a day, Monday through
Sunday to provide room service to the room of a guest of the resort.
(d) Type 5 package agencies may operate from
10 a.m. until midnight, Monday through Sunday. However, the actual operating
hours may be less in the discretion of the package agent with the approval of
the Department. Type 5 package agencies may, at the discretion of the package
agent, be open as early as 8 a.m. for sales to licensees with the approval of
the Department. Type 5 package agencies may also be open on Sundays and state
and federal holidays if the package agency is located at a manufacturing
facility licensed by the Commission and only sells alcoholic products produced
at the manufacturing facility.
(e)
Any change in the hours of operation of any package agency requires prior
Department approval and shall be submitted in writing by the package agent to
the Department.
(f)
(i) A package agency shall not operate on a
Sunday or legal holiday except to the extent authorized by Section
32B-2-605, which allows the
following to operate on a Sunday or legal holiday:
(A) a package agency located in certain
licensed wineries, breweries, and distilleries; and
(B) a package agency held by a resort that is
licensed under Title 32B, Chapter 8, Resort License Act that does not sell
liquor in a manner similar to a state store which is limited to a Type 4
package agency.
(ii) If a
legal holiday falls on a Sunday, the following Monday will be observed as the
holiday by a Type 2 and 3 package agency.
(3) Size of Outlet. The retail selling space
devoted to liquor sales in a Type 2 or 3 package agency must be at least one
hundred square feet.
(4) Inventory
Size. Type 2 and 3 package agencies must maintain at least 50 code numbers of
inventory at a retail value of at least five thousand dollars and must maintain
a representative inventory by brand, code, and size.
(5) Access to General Public. Type 1, 2, and
3 package agencies must be easily accessible to the general consuming
public.
(6) Purchase of Inventory.
Any new package agencies, at the discretion of the Department, will purchase
and maintain their inventory of liquor.
(7) Recordkeeping. Records required by the
Department shall be kept current and available to the Department for auditing
purposes for at least three years.
Notes
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