2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 206 - Powers and duties of the director.

Effective 7/1/2021
32B-2-206.
Powers and duties of the director.
Subject to the powers and responsibilities of the commission under this title, the director:
(1)
(a) shall prepare and propose to the commission general policies, rules, and procedures governing the administrative activities of the department; and
(b) may submit other recommendations to the commission as the director considers in the interest of the commission's or the department's business;
(2) within the general policies, rules, and procedures of the commission, shall:
(a) provide day-to-day direction, coordination, and delegation of responsibilities in the administrative activities of the department's business; and
(b) make internal department policies and procedures relating to:
(i) department personnel matters; and
(ii) the day-to-day operation of the department;
(3) subject to Section 32B-2-207, shall appoint or employ personnel as considered necessary in the administration of this title, and with regard to the personnel shall:
(a) prescribe the conditions of employment;
(b) define the respective duties and powers; and
(c) fix the remuneration in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act;
(4) shall establish and secure adherence to a system of reports, controls, and performance in matters relating to personnel, security, department property management, and operation of:
(a) a department office;
(b) a warehouse;
(c) a state store; and
(d) a package agency;
(5) within the policies, rules, and procedures approved by the commission and provisions of law, shall purchase, store, keep for sale, sell, import, and control the storage, sale, furnishing, transportation, or delivery of an alcoholic product;
(6) shall prepare for commission approval:
(a) recommendations regarding the location, establishment, relocation, and closure of a state store or package agency;
(b) recommendations regarding the issuance, denial, nonrenewal, suspension, or revocation of a license, permit, or certificate of approval;
(c) an annual budget, proposed legislation, and reports as required by law and sound business principles;
(d) plans for reorganizing divisions of the department and the functions of the divisions;
(e) manuals containing commission and department policies, rules, and procedures;
(f) an inventory control system;
(g) any other report or recommendation requested by the commission;
(h) rules described in Subsection 32B-2-202(1)(o) governing the credit terms of the sale of beer;
(i) rules governing the calibration, maintenance, and regulation of a calibrated metered dispensing system;
(j) rules governing the display of a list of types and brand names of liquor furnished through a calibrated metered dispensing system;
(k) price lists issued and distributed showing the price to be paid for each class, variety, or brand of liquor kept for sale at a state store, package agency, or retail licensee;
(l) policies or rules prescribing the books of account maintained by the department and by a state store, package agency, or retail licensee; and
(m) a policy prescribing the manner of giving and serving a notice required by this title or rules made under this title;
(7) shall make available through the department to any person, upon request, a copy of a policy made by the director;
(8) shall make and maintain a current copy of a manual that contains the rules and policies of the commission and department available for public inspection;
(9)
(a) after consultation with the governor, shall determine whether an alcoholic product should not be sold, offered for sale, or otherwise furnished in an area of the state during a period of emergency that is proclaimed by the governor to exist in that area; and
(b) shall issue a necessary public announcement or policy with respect to the determination described in Subsection (9)(a);
(10) issue event permits in accordance with Chapter 9, Event Permit Act; and
(11) shall perform any other duty required by the commission or by law.
Amended by Chapter 345, 2021 General Session