reglab/housing_qa huggingface dataset:
UT Code § 32B-2-501 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 5 - State Store|Section 501 - Commission's power to establish a state store.

32B-2-501. Commission's power to establish a state store.    (1) The commission may establish state stores in the numbers and at places, owned or leased by the department, that the commission considers proper for the sale of liquor by employees of the state, in accordance with this title and the rules made under this title.     (2) The commission may not establish a total number of state stores that at any time exceeds the number determined by dividing the population of the state by 48,000.     (3) The commission may not establish a state store at premises that do not meet the proximity requirements of Section 32B-1-202.     (4) An employee of a state store is considered a department employee and shall meet the qualification requirements for employment in Sections 32B-1-303 and 32B-2-207.     (5)   (a) The commission shall ensure that signage installed or replaced at or near a state store, on or after May 11, 2010, complies with Subsection (5)(b) if the signage is:   (i) attached to the exterior of the premises of a state store; or     (ii) not attached to the premises of a state store, but otherwise alerts or directs a person to the location of a state store.       (b) Signage described in Subsection (5)(a) shall contain the following words in the size of lettering required by Subsection (5)(c):   (i) "state"; or     (ii) "State of Utah."       (c) The text described in Subsection (5)(b) shall be in lettering that is equal to or larger than the size of any text on the same signage that refers to "liquor" or "wine."      Enacted by Chapter 276, 2010 General SessionAmended by Chapter 276, 2010 General Session, (Coordination Clause)
UT Code § 32B-2-502 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 5 - State Store|Section 502 - Commission and department duties before establishing a state store.

32B-2-502. Commission and department duties before establishing a state store.    (1)   (a) Before the commission may establish a state store, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission to assure appropriate service to the general population of the state.     (b) The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission's determination.       (2) Before establishing a state store, the commission shall:   (a) determine that the local authority of the locality where the state store will be located is consulted;     (b) determine that the state store complies with the zoning ordinances of the locality where the state store will be located;     (c) consider the locality within which the proposed state store will be located including:   (i) economic factors, such as:   (A) bid price;     (B) lease terms;     (C) operating costs; and     (D) local taxes;       (ii) physical characteristics, such as:   (A) condition of the premises;     (B) space availability;     (C) parking;     (D) common areas;     (E) conformance to building and safety codes;     (F) delivery access; and     (G) expandability; and       (iii) operational factors, such as:   (A) tourist traffic;     (B) access to the public;     (C) demographics;     (D) population to be served;     (E) the nature of surrounding establishments;     (F) proximity to and density of other state stores, package agencies, and retail licensees;     (G) proximity to residential communities; and     (H) proximity to educational, religious, and recreational facilities; and         (d) consider any other factor the commission considers necessary.      Enacted by Chapter 276, 2010 General Session
UT Code § 32B-2-504 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 5 - State Store|Section 504 - Delivery of liquor to state store.

32B-2-504. Delivery of liquor to state store.    (1) Liquor to be sold from a state store may be transported from a warehouse authorized by the department to the state store if transported by a person authorized by the department to transport the liquor to the state store, including a common carrier.     (2) A person, while in or about a vehicle in which liquor is being transported, may not open, break, or allow to be opened or broken, a container containing liquor.     (3) A person may not drink, use, or allow to be drunk or used, liquor while it is in transit under this section.    Amended by Chapter 307, 2011 General SessionAmended by Chapter 334, 2011 General Session
UT Code § 32B-2-505 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 5 - State Store|Section 505 - Reporting requirements -- Building plan and market survey required -- Department performance measures.

 Effective 7/1/2021  32B-2-505. Reporting requirements -- Building plan and market survey required -- Department performance measures.    (1) In 2018 and each year thereafter, the department shall present a five-year building plan to the Infrastructure and General Government Appropriations Subcommittee that describes the department's anticipated property acquisition, building, and remodeling for the five years following the day on which the department presents the five-year building plan.     (2)   (a) In 2018 and every other year thereafter, the department shall complete a market survey to inform the department's five-year building plan described in Subsection (1).     (b) The department shall:   (i) provide a copy of each market survey to the Infrastructure and General Government Appropriations Subcommittee and the Business and Labor Interim Committee; and     (ii) upon request, appear before the Infrastructure and General Government Appropriations Subcommittee to present the results of the market survey.         (3) For fiscal year 2018-19 and each fiscal year thereafter, before the fiscal year begins, the Governor's Office of Planning and Budget, in consultation with the department and the Office of the Legislative Fiscal Analyst, shall establish performance measures and goals to evaluate the department's operations during the fiscal year.     (4)   (a) The department may not submit a request to the State Building Board for a capital development project unless the department first obtains approval from the Governor's Office of Planning and Budget.     (b) In determining whether to grant approval for a request described in Subsection (4)(a), the Governor's Office of Planning and Budget shall evaluate the extent to which the department met the performance measures and goals described in Subsection (3) during the previous fiscal year.      Amended by Chapter 382, 2021 General Session
UT Code § 32B-2-602 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 6 - Package Agency|Section 602 - Application requirements for a package agency.

32B-2-602. Application requirements for a package agency.    (1) Before a person may store, sell, offer for sale, or furnish liquor in a sealed container on its premises under a package agency, the person shall first obtain a package agency issued by the commission in accordance with this part.     (2) To obtain a package agency, a person seeking to be the package agent under this part shall submit to the department:   (a) a written application in a form prescribed by the department;     (b) a nonrefundable application fee of $125;     (c) written consent of the local authority;     (d) evidence of proximity to any community location, with proximity requirements being governed by Section 32B-1-202;     (e) a bond as specified by Section 32B-2-604;     (f) a floor plan of the premises, including a description and highlighting of that part of the premises in which the person proposes that the package agency be located;     (g) evidence that the package agency is carrying public liability insurance in an amount and form satisfactory to the department;     (h) a signed consent form stating that the package agent permits any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the premises of the package agency;     (i) if the person applying is an entity, verification that a person who signs the package agency application is authorized to sign on behalf of the entity; and     (j) any other information the commission or department may require.       (3) The commission may not issue a package agency to a person who is disqualified under Section 32B-1-304.     (4) The commission may not issue a package agency for premises that do not meet the proximity requirements of Section 32B-1-202.    Amended by Chapter 307, 2011 General SessionAmended by Chapter 334, 2011 General Session
UT Code § 32B-2-603 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 6 - Package Agency|Section 603 - Commission and department duties before issuing a package agency.

32B-2-603. Commission and department duties before issuing a package agency.    (1)   (a) Before the commission may issue a package agency, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission to assure appropriate service to the general population of the state.     (b) The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission's determination.       (2) Before issuing a package agency, the commission shall:   (a) determine that the person filed a complete application and is in compliance with Section 32B-2-602;     (b) determine that the person is not disqualified under Section 32B-1-304;     (c) determine that the package agency premises complies with the zoning ordinances of the locality where the package agency will be located;     (d) consider the locality within which the proposed package agency will be located, including:   (i) physical characteristics, such as:   (A) condition of the premises;     (B) square footage;     (C) parking; and     (D) delivery access; and       (ii) operational factors, such as:   (A) tourist traffic;     (B) access to the public;     (C) demographics;     (D) population to be served;     (E) the nature of surrounding establishments;     (F) proximity to and density of other state stores, package agencies, and retail licensees;     (G) proximity to residential communities; and     (H) the extent of and proximity to educational, religious, and recreational facilities;         (e) consider the person's ability to manage and operate a package agency, including:   (i) management experience;     (ii) past retail liquor experience;     (iii) the type of establishment or business in which the package agency may be located;     (iv) hours of operation; and     (v) ability to maintain inventory levels as set by the department; and       (f) consider any other factor the commission considers necessary.      Enacted by Chapter 276, 2010 General Session
UT Code § 32B-2-604 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 6 - Package Agency|Section 604 - Bond related to package agency.

 Effective 5/5/2021  32B-2-604. Bond related to package agency.    (1)   (a) A package agent who has a consignment liquor inventory owned by the state shall post a:   (i) consignment surety bond:   (A) payable to the department; and     (B) in the amount of the consignment inventory; and       (ii) cash or surety bond:   (A) payable to the department; and     (B) in the penal amount of at least $1,000, as the department determines.         (b) A package agent who has a consignment liquor inventory shall ensure that a consignment surety bond is conditioned upon a package agent's return of the unsold consignment liquor inventory at the termination of a package agency agreement.       (2) A package agent that owns the package agency's liquor inventory shall post a cash bond or surety bond:   (a) in the penal amount of at least $1,000, as the department determines; and     (b) payable to the department.       (3) A package agent shall procure and maintain the bond required under this section for as long as the package agent continues to operate as a package agent.     (4) A bond required under this section shall be:   (a) in a form approved by the attorney general; and     (b) conditioned upon the package agent's faithful compliance with this title, the rules of the commission, and the package agency agreement.       (5)   (a) If a surety bond posted by a package agency under this section is canceled due to the package agent's or package agency's negligence, the department may assess a $300 reinstatement fee.     (b) No part of a bond posted by a package agent under this section may be withdrawn:   (i) during the period the package agency is in effect; or     (ii) while a revocation of the package agency is pending against the package agent.         (6)   (a) A bond posted under this section by a package agent may be forfeited if the package agency is revoked.     (b) Notwithstanding Subsection (6)(a), the department may make a claim against a bond posted by a package agent for money owed the department under this title without the commission first revoking the package agency.      Amended by Chapter 291, 2021 General Session
UT Code § 32B-2-606 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 6 - Package Agency|Section 606 - Delivery of liquor to package agency.

32B-2-606. Delivery of liquor to package agency.    (1) Liquor to be sold from a package agency may be transported from a warehouse or state store authorized by the department to the package agency if transported by a person authorized by the department to transport the liquor to the package agency, including a common carrier.     (2) A person, while in or about a vehicle in which liquor is being transported, may not open, break, or allow to be opened or broken, a container containing liquor.     (3) A person may not drink, use, or allow to be drunk or used, any liquor while the liquor is in transit under this section.    Amended by Chapter 307, 2011 General SessionAmended by Chapter 334, 2011 General Session
UT Code § 32B-2-607 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 6 - Package Agency|Section 607 - Return of inventory by package agent.

32B-2-607. Return of inventory by package agent.  A package agent shall immediately return to the department liquor previously received from the department on consignment that remains unsold at the time the package agent's package agency agreement terminates or the liquor is subject to immediate seizure by the department.  Enacted by Chapter 276, 2010 General Session
UT Code § 32B-2-701 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 7 - Wine Subscription Program|Section 701 - Definitions.

 Effective 5/12/2020  32B-2-701. Definitions.  As used in this part:  (1) "Subscriber" means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2).     (2) "Subscription program" means the wine subscription program established in Section 32B-2-702.     (3) "Wine subscription" means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine.     (4) "Wine subscription business" means a person that:   (a) sells or offers for sale a wine subscription; and     (b) contracts with the department to participate in the subscription program.      Enacted by Chapter 178, 2020 General Session
UT Code § 32B-2-702 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 7 - Wine Subscription Program|Section 702 - Wine subscription program.

 Effective 5/12/2020  32B-2-702. Wine subscription program.    (1) The department shall establish and administer a wine subscription program as described in this part.     (2) The subscription program shall permit an individual to subscribe to a wine subscription that a wine subscription business sells or offers for sale by:   (a) enrolling in the wine subscription program in a manner the department prescribes;     (b) authorizing the department to purchase the wine subscription in the individual's name;     (c) paying the department, in a manner the department prescribes:   (i) the price of the wine subscription;     (ii) in addition to any tax, the markup described in Subsection 32B-2-304(4); and     (iii) a fee the department charges in accordance with Subsection 32B-2-703(1); and       (d) designating the state store or package agency at which the individual would prefer to collect the wine.       (3) The department shall:   (a) designate by contract with a wine subscription business the department warehouse to which the wine subscription business ships or transports wine under the subscription program;     (b) deliver wine purchased through the subscription program to the appropriate state store or package agency; and     (c) notify a subscriber when wine purchased through the subscription program is ready for the subscriber to collect from the state store or package agency described in Subsection (3)(b).      Enacted by Chapter 178, 2020 General Session
UT Code § 32B-2-703 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 2 - Alcoholic Beverage Control Administration Act|Part 7 - Wine Subscription Program|Section 703 - Fees -- Rulemaking.

 Effective 5/12/2020  32B-2-703. Fees -- Rulemaking.    (1) The department may charge a fee as part of the subscription program:   (a) in accordance with Section 63J-1-504; and     (b) to cover costs to the department for administering the subscription program.       (2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the administration of this part, including rules designating which package agencies may receive from the department wines that are purchased through the subscription program.    Enacted by Chapter 178, 2020 General Session
UT Code § 32B-3-101 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 3 - Disciplinary Actions and Enforcement Act|Part 1 - General Provisions|Section 101 - Title.

32B-3-101. Title.  This chapter is known as the "Disciplinary Actions and Enforcement Act."  Enacted by Chapter 276, 2010 General Session
UT Code § 32B-3-102 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 3 - Disciplinary Actions and Enforcement Act|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/8/2018  32B-3-102. Definitions.  As used in this chapter:  (1) "Aggravating circumstances" means:   (a) prior warnings about compliance problems;     (b) a prior violation history;     (c) a lack of written policies governing employee conduct;     (d) multiple violations during the course of an investigation;     (e) efforts to conceal a violation;     (f) an intentional violation;     (g) the violation involved more than one patron or employee; or     (h) a violation that results in injury or death.       (2) "Final adjudication" means an adjudication for which a final judgment or order is issued that:   (a) is not appealed, and the time to appeal the judgment has expired; or     (b) is appealed, and is affirmed, in whole or in part, on appeal.       (3) "Mitigating circumstances" means:   (a) no prior violation history for the licensee or permittee;     (b) no prior violation history for the individual who committed the violation;     (c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or     (d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.      Amended by Chapter 249, 2018 General SessionAmended by Chapter 281, 2018 General Session
UT Code § 32B-3-201 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 3 - Disciplinary Actions and Enforcement Act|Part 2 - Disciplinary Proceedings|Section 201 - Nature of adjudicative proceedings under title.

 Effective 5/12/2015  32B-3-201. Nature of adjudicative proceedings under title.    (1) An adjudicative proceeding under this title, including a disciplinary proceeding, is a civil action, notwithstanding whether at issue in the adjudicative proceeding is a violation of statute that can be prosecuted criminally.     (2) Unless specifically adopted in this title, a procedure or principle that is applicable to a criminal proceeding does not apply to an adjudicative proceeding permitted under this title including:   (a)Title 76, Chapter 1, General Provisions;     (b)Title 76, Chapter 2, Principles of Criminal Responsibility;     (c)Title 76, Chapter 3, Punishments; and     (d)Title 76, Chapter 4, Inchoate Offenses.       (3)   (a) The burden of proof in an adjudicative proceeding under this title is by a preponderance of the evidence.     (b) If the subject of an adjudicative proceeding under this title asserts an affirmative defense, the subject has the burden of proof to establish the affirmative defense by the preponderance of the evidence.       (4) In an adjudicative proceeding under this title, to find a violation of this title the commission:   (a) is required to determine whether the conduct that constitutes the violation occurred; and     (b) is not required to make a finding of knowledge or intent unless knowledge or intent is expressly made an element of the violation by statute.      Amended by Chapter 258, 2015 General Session
UT Code § 32B-3-203 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 3 - Disciplinary Actions and Enforcement Act|Part 2 - Disciplinary Proceedings|Section 203 - Initiating a disciplinary proceeding.

32B-3-203. Initiating a disciplinary proceeding.  Subject to Section 32B-3-202:  (1) The department may initiate a disciplinary proceeding described in Subsection (2) if the department receives:   (a) a report from an investigator alleging that a person subject to administrative action violated this title or the rules of the commission;     (b) a final adjudication of criminal liability against a person subject to administrative action on the basis of an alleged violation of this title; or     (c) a final adjudication of civil liability in accordance with Chapter 15, Alcoholic Product Liability Act, against a person subject to administrative action on the basis of an alleged violation of this title.       (2) If the condition of Subsection (1) is met, the department may initiate a disciplinary proceeding to determine:   (a) whether a person subject to administrative action violated this title or rules of the commission; and     (b) if a violation is found, the appropriate sanction to be imposed.       (3)   (a) Unless waived by the respondent, a disciplinary proceeding shall be held:   (i) if required by law;     (ii) before revoking or suspending a license, permit, or certificate of approval issued under this title; or     (iii) before imposing a fine against a person subject to administrative action.       (b) Inexcusable failure of a respondent to appear at a scheduled disciplinary proceeding hearing after receiving proper notice is an admission of the charged violation.     (c) The validity of a disciplinary proceeding is not affected by the failure of a person to attend or remain in attendance.      Amended by Chapter 369, 2012 General Session