Section 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.Utah Admin. Code R82-10-601
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020