Earl Dorius, of the Alcoholic Beverage Control Department, is quoted in the April 25 Deseret News as saying "the commission's guidelines are a rare example of administrative policy superseding state law." If quoted correctly and the statement isn't taken out of context, this is a noble euphemism for saying, "We are violating the law. Heck with the Legislature. We know what is best for this state." Perhaps the fact that Mr. Dorius seems to be proud that his rules are in violation should prompt somebody to replace him and his buddies on the commission with someone who is willing to conform to the law. The people through the Legislature have said they don't want beer ad signage. The ABCD has no business overriding the Legislature.
The danger of administrative rules is that the executive branch is given the opportunity to "interpret" the law to its own agenda and unbalances the government in favor of the executive branch. If these agencies such as the ABCD go beyond the mandate given by the Legislature, they can be sued to conform, have the Legislature void the rules at the next session, or make the law more specific. Until then, the Legislature is effectively neutered until the conflict is resolved.The legislature is not given the time to make the rules and because the legislators have other jobs, they have delegated the job of rulemaking to the agencies to fill in the blanks. For those people who like a part time and effectively volunteer Legislature, it should be noted that if the Legislature isn't full time, then people who aren't elected are making these rules full time. The job just gets shuffled somewhere else and taxpayers still pay for it with less representation. Perhaps it is time to consider a full time Legislature as an option. Trimming the state agencies to compensate for such a change would be fun, too. The Alcohol Beverage Control Department would be a place to start.