SALTE LAKE CITY -- State liquor regulators voted Thursday to let the Legislature decide whether flavored malt beverages should be removed from grocery store shelves and sold only in state-run liquor stores.

The Alcoholic Beverage Control Commission dropped a proposal to limit the drinks, sometimes called "alco-pops" because of their sweet flavor and popularity with underage drinkers, to state stores where liquor and wine are sold.

Utah Attorney General Mark Shurtleff has suggested that the state restrict the beverages to state stores to make it more difficult for teens to purchase them.

Opponents said the rule was discriminatory because the drinks contain the same 3.2 alcohol percentage as beer that is available at grocery and convenience stores.

Commissioners voted 3-2 to send the issue to the Capitol for the 2008 session. Their vote also leaves rules on labeling alcoholic beverages up to legislators.

The commission was looking at adopting a rule aimed at clearly identifying certain energy drinks that contain alcohol, but look like most any other cans on store shelves. But opponents speaking at a public hearing before the vote said the rule was so broad and redundant it would require distributors to label beer and wine as alcohol, when they clearly are.

Commissioner Gordon Stranchan suggested all this was something for lawmakers to ponder.

"He made a motion to that it was too soon for the commission to move on it. There were too many people in the industry and the general public that would be affected," said commission spokeswoman Sharon Mackay. "They felt ultimately it should be a decision and law made by the Legislature."

Commissioners are expected to draft a resolution officially punting the issues to the Legislature, which can act on any or none of them.