NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Alcoholic Beverage Services, Administration
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R82-14. Liquor Transport Licensees
B. Purpose of the new rule or reason for the change:
Rule R82-14 is established pursuant to Section 32B-2-202 and the Liquor Transport License Act, for the purpose of governing the qualifications, application process, and operational requirement for Title 32B, Chapter 17.
C. Summary of the new rule or change:
Rule R82-14 establishes the regulatory and operational framework for liquor transport licensees operating under Title 32B, Chapter 17.
This rule defines specific timelines for license application submissions and regulates how transporters can use retail or airport licensee funds to purchase alcoholic beverages, limiting payments to specific authorized methods and mandates that licensees maintain transaction records for a minimum of three calendar years.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
No anticipated impact on the state budget.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to the state budget.
No anticipated impact on local governments.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
No anticipated impact on small businesses.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
No anticipated impact on non-small businesses.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
No anticipated impact on other persons.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to other persons.
F. Compliance costs for affected persons:
No anticipated impact on compliance costs for affected persons.
The Liquor Transport License Act is already established in state statute. Rule R82-14 outlines the administrative and operational compliance procedures for private transport businesses operating under the existing act, generating no anticipated cost or savings to compliance costs for affected persons.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Alcoholic Beverage Services, Ericka Evans, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
B. Summary of reasonable alternatives or modifications:
No reasonable alternatives or modifications.
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Melissa Suarez, Executive Assistant
R82. Alcoholic Beverage Services, Administration.
R82-14. Liquor Transport Licensees. R82-14-102. Application for License or Change of Ownership. (1) Authority. This rule is made pursuant to Section 32B-2-202 and Title 32B, Chapter 17, Liquor Transport License Act. (a) Except as provided in Subsection (2)(a), an applicant for a liquor transport license or change of ownership of a liquor transport license shall file an application that meets all application requirements with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda. (b) If the 10th day of the month is a Saturday, Sunday, or state or federal holiday, an applicant for a liquor transport license or change of ownership of a liquor transport license shall file an application that meets all application requirements with the Department on the next business day after the 10th day of the month. (c) An incomplete application will not be processed until any revisions required by the Department are made and resubmitted. (d) An application that meets all application requirements and is filed after the day of the month described in Subsection (2) will not be considered by the Commission that month but will be included on the agenda of the Commission meeting the following month. R82-14-103. Operational Requirements. (1) Authority. This rule is made pursuant to Section 32B-2-202 and Title 32B, Chapter 17, Liquor Transport License Act. (2)(a) Use of Funds. A liquor transport licensee that picks up liquor from a package agency or state store on behalf of a retail licensee or airport licensee using the retail licensee or airport licensee's funds may pay for the liquor only with: (i) a check written and signed by the retail licensee or airport licensee; (ii) a money order issued on behalf of the retail licensee or airport licensee; or (iii) a credit card on which the retail licensee or airport licensee and the liquor transport licensee are both legally named. (b) A retail licensee or airport licensee may pay a package agency or state store in advance for liquor that will be picked up by a liquor transport licensee on behalf of the retail licensee or airport licensee. (3)(a) Recordkeeping. Before the day on which a liquor transport licensee picks up liquor on behalf of a retail licensee or airport licensee, the liquor transport licensee shall provide the package agency or state store with a written authorization to pick up the liquor signed by the retail licensee or airport licensee. (b) A liquor transport licensee shall maintain the following records: (i) any contract between the liquor transport licensee and a retail licensee or airport licensee; (ii) a copy of a receipt provided by the liquor transport licensee and signed by a retail licensee or airport licensee that indicates the liquor was received; (iii) a list of any product that is broken or lost while in the liquor transport licensee's possession; and (iv) a transaction log documenting the purchases and transport of liquor between the liquor transport licensee and a retail licensee or airport licensee that includes: (A) the date the liquor was purchased; (B) which licensee paid for the liquor; (C) the retail store address the liquor was purchased from; (D) the date and time the liquor was picked up from the retail store; and (E) the date and time the liquor was delivered to the retail licensee or airport licensee. (c) A liquor transport licensee shall keep a record required under this rule current and available to the Department for auditing purposes for three calendar years. (4)(a) Audits. The Department shall audit a liquor transport licensee at least once each fiscal year and may conduct additional audits if deemed necessary. (b) A liquor transport licensee is subject to a Department audit at any time. KEY: alcoholic beverages, liquor transport Date of Last Change: 2026 Authorizing, and Implementing or Interpreted Law: 32B-2-202 !--dar--
