This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Human Services, Substance Abuse and Mental Health
NOTICE OF PROPOSED RULE
DAR File No.: 31164
Filed: 04/21/2008, 09:52
Received by: NL
Purpose of the rule or reason for the change:
Some beverages are not labeled as "beer," but still contain alcohol thus making them illegal for a minor to purchase and consume. This amendment is being proposed to ensure that all individuals who sell alcohol for off-premise consumption are aware of labeling and which beverages contain alcohol.
Summary of the rule or change:
This amendment will require all service agencies that provide training for retail clerks who sell alcohol to the public to provide information that will help retail clerks to recognize all beverages containing alcohol, and provided examples of those beverages.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
This requirement is imposed on service agencies that provide train for retail clerks who sell alcohol to the public and does not increase or decrease costs to the state for monitoring or certifying these organization.
Certification of training agencies is not a function of local governments; therefore, a cost for this amendment would not be incurred.
small businesses and persons other than businesses:
This amendment only applies to organizations seeking certification to train retail clerks who sell alcohol to the public and will have no effect on small businesses in general. A cost may be incurred if the company applying for certification is a small business. The division is not able to identify an aggregate cost but does recognize that time to research laws regulating alcohol sales in retail stores and time developing the curriculum might be required. The amendment mandates training on all types of alcoholic beverages available for purchase in retail stores, not all labels, so the list of beverages would be very limited. Companies providing this training should already have that list, and incorporating the information and examples into their curriculum should be a simple task.
Compliance costs for affected persons:
This amendment may impose a cost for the development of a curriculum that meets program standards. The division is not able to estimate the cost to each provider agency, but anticipates the cost to be a onetime occurrence with simple yearly updates based on legislative action that would increase or decrease the types of alcoholic beverages allowed to be sold in retail stores for off premise consumption.
Comments by the department head on the fiscal impact the rule may have on businesses:
This amendment may impose a cost to businesses seeking trainer certification from the Division of Substance Abuse and Mental Heath for the development of a curriculum that meets program standards. The department is not able to estimate this cost but does recognize that time to research laws regulating alcohol sales in retail stores and time developing the curriculum might be required. Lisa-Michele Church, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Services
Substance Abuse and Mental Health
120 N 200 W
SALT LAKE CITY UT 84103-1500
Direct questions regarding this rule to:
Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Mark I Payne, Director
R523. Human Services, Substance Abuse and Mental Health.
R523-24. Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration.
R523-24-7. Approved Curriculum.
(1) Each provider must have a curriculum approved by the Division. This curriculum must provide at least sixty minutes of classroom instruction both for original certification and for any and all re-certifications. The contents of an approved curriculum shall include the following components:
(a) alcohol as a drug;
(b) alcohol's effect on the body and behavior including education on the effects of alcohol on the developing youth brain, which information shall be provided by the Division;
(c) recognizing the problem drinker or signs of intoxication;
(d) an overview of state laws related to responsible beverage sale as determined in consultation with the Department of Alcoholic Beverage Control, which information shall be provided by the Division;
(e) statistics identifying the underage drinking problem, which information provided by the Division;
(f) discussion of criminal and administrative penalties for salesclerks and retail stores for selling beer to underage and intoxicated persons;
(g) strategies commonly used by minors to gain access to alcohol;
(h) process for checking ID, for example the FLAG system: Feel Look, Ask, Give Back);
(i) policies and procedures to prevent beer
purchases by intoxicated individuals;[
(j) techniques for declining a sale including
rehearsal and practice of these techniques using face-to-face role play[
KEY: off-premise, training, seminars
Date of Enactment or Last Substantive
August 22, 2006]
Authorizing, and Implemented or Interpreted Law: 62A-15-401
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For questions regarding the content or application of this rule, please contact Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 05/14/2008 3:03 PM