The rule would have banned from groceries and convenience stores beverages containing even a drop of distilled spirits. But the commission is empowered only to regulate beverages with an alcohol content higher than 0.5 percent by volume.

Drinks containing 0.5 percent of distilled spirits will be the baseline that would send flavored malt beverages to state-regulated liquor outlets to be sold at much higher retail prices. A final rule is expected to be adopted at the commission's Nov. 15 meeting.

Malisa Troutwine, a self-described Lehi housewife, asked commissioners at their monthly meeting Wednesday to continue allowing grocery stores to sell flavored malt beverages.

To make her point, Troutwine passed out iced cookies baked with almond extract, containing 38 percent alcohol, which she had purchased from a grocery store.

"But that's not a beverage," said commissioner Kathryn Balmforth. "It's meant to be diluted."

Liquor director Dennis Kellen added that the alcohol dissipates in the cooking process.

"But not in the frosting," Troutwine responded.

Commissioners are unlikely to change their stance.

At last month's meeting, commissioners voted unanimously to draft a rule restricting the sale of flavored malt beverages, such as Smirnoff Ice, Jack Daniel's Original Hard Cola and Bacardi Silver, which are made from a malt beer base with added flavors containing distilled spirits.

In Utah, flavored malt beverages - such as beer - can be sold in grocery stores if the alcohol content is no more than 3.2 percent by weight.

The new rule, which could go into effect in July 2008, would classify flavored malt beverages containing distilled spirits of 0.5 percent or higher as "liquor," even though the total alcohol content is 3.2 percent.

The "liquor" classification would require the beverages to be sold in the state's 38 liquor stores and 100 package agencies in resorts and small towns - and increase prices substantially.

The state markup on distilled spirits is 86 percent.

dawn@sltrib.om