reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 3 - Fiscal Matters › Section 302 - Exempt from Division of Finance -- Application of procurement -- External audits.

32B-2-302.
Exempt from Division of Finance -- Application of procurement -- External audits.
(1)
(a) The laws that govern the Division of Finance are not applicable to the department in the purchase and sale of an alcoholic product.
(b) The department is exempt from Title 63G, Chapter 6a, Utah Procurement Code, for the purchase of an alcoholic product. The department is subject to Title 63G, Chapter 6a, Utah Procurement Code, for any purchase other than for an alcoholic product.
(2) The state auditor shall:
(a) annually perform a financial audit of the department's accounts; and
(b) determine the scope and focus of the financial audit in an open meeting of the commission before the audit commences.
(3) Every two years, beginning for fiscal year 2013-14, the state auditor shall conduct an audit of the department's:
(a) management operations, best practices, and efficiency; and
(b) ethics and statutory compliance.
(4) In addition to complying with Subsections (2) and (3), the state auditor may engage in an activity related to the department or commission allowed under Utah Constitution, Article VII, Section 15 or Title 67, Chapter 3, Auditor.
(5) The state auditor shall forward an audit report issued under Subsection (2) or (3) to the following by no later than 30 days after the day on which the audit report is made:
(a) the governor;
(b) the Legislative Management Committee;
(c) the director; and
(d) the legislative auditor general.
Amended by Chapter 349, 2013 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 3 - Fiscal Matters › Section 302.5 - Internal audits.

32B-2-302.5.
Internal audits.
(1) In accordance with Title 63I, Chapter 5, Utah Internal Audit Act, the department shall conduct various types of auditing procedures determined by the commission through an internal audit division.
(2)
(a) The commission shall appoint an internal audit director who shall serve at the pleasure of the commission.
(b) The internal audit director shall hire auditors in the division with the approval of the commission.
(c) The internal audit director may dismiss an auditor with the approval of the commission.
(3) Notwithstanding Section 63I-5-301, the commission shall serve as the audit committee.
(4) Subject to the other provisions of this section, the internal audit director shall have the powers and duties described in Section 63I-5-401 or any other duty prescribed by the chair of the commission. The internal audit director shall oversee and materially participate in internal audits conducted under this section.
(5)
(a) Once an internal audit is completed, the internal audit director shall provide an internal audit report to the director, the chair of the commission, and the other commissioners.
(b) Within five business days of receipt of the internal audit, the director shall prepare a written response and deliver it to the chair of the commission and the other commissioners.
(c) Within five business days of receipt of the director's written response under Subsection (5)(b), the chair of the commission may prepare a separate response.
(d) Within 12 business days of the internal audit being given to the director, chair of the commission, and the other commissioners under Subsection (5)(a), the chair of the commission shall forward the audit and any response to:
(i) the governor;
(ii) the legislative auditor general; and
(iii) the Legislative Management Committee.
(e) Within 120 calendar days of an internal audit being completed, the commission shall prepare a report to the governor describing steps taken to implement the recommendations of the audit or a detailed explanation of why recommendations have not been implemented. The chair of the commission shall forward the report to:
(i) the legislative auditor general; and
(ii) the Legislative Management Committee.
(f) The chair of the commission shall make such other reports as the governor requests.
Enacted by Chapter 365, 2012 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 3 - Fiscal Matters › Section 303 - Purchase of liquor.

Effective 5/3/2023
32B-2-303.
Purchase of liquor.
(1) The department may only:
(a) purchase or stock spirituous liquor in a container smaller than 200 milliliters for the purpose of furnishing the spirituous liquor to a public service permittee issued a permit under Chapter 10, Part 3, Public Service Permit; and
(b) furnish spirituous liquor in a container smaller than 200 milliliters to a public service permittee issued a permit under Chapter 10, Part 3, Public Service Permit.
(2)
(a) An order by the department for the purchase of liquor, or a cancellation by the department of an order of liquor:
(i) shall be executed in writing by the department; and
(ii) is not valid or binding unless executed in writing.
(b) The department shall maintain a copy of an order or cancellation on file for at least three years.
(c) An electronic record satisfies Subsections (2)(a) and (b) pursuant to Title 46, Chapter 4, Uniform Electronic Transactions Act.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 3 - Fiscal Matters › Section 305 - Alcoholic Beverage Control Act Enforcement Fund.

Effective 7/1/2023
32B-2-305.
Alcoholic Beverage Control Act Enforcement Fund.
(1) As used in this section:
(a) "Alcohol-related law enforcement officer" means the same as that term is defined in Section 32B-1-201.
(b) "Drug-related law enforcement officer" means a law enforcement officer employed by the Department of Public Safety who has enforcement of drug-related offenses as a primary responsibility.
(c) "Enforcement ratio" means the same as that term is defined in Section 32B-1-201.
(d) "Fund" means the Alcoholic Beverage Control Act Enforcement Fund created in this section.
(e) "SBI drug-related law enforcement officer" means a law enforcement officer employed by the State Bureau of Investigation within the Department of Public Safety who has investigation of drug-related offenses as a primary responsibility.
(f) "Social worker" means an individual licensed under Title 58, Chapter 60, Part 2, Social Worker Licensing Act, and employed by the Department of Public Safety who has provision of caseworker services to individuals under 21 years old as a primary responsibility.
(2) There is created an expendable special revenue fund known as the "Alcoholic Beverage Control Act Enforcement Fund."
(3)
(a) The fund consists of:
(i) deposits made under Subsection (4); and
(ii) interest earned on the fund.
(b)
(i) The fund shall earn interest.
(ii) Interest on the fund shall be deposited into the fund.
(4) After the deposit made under Section 32B-2-304 for the school lunch program, the department shall deposit 1.695% of the total gross revenue from the sale of liquor with the state treasurer to be credited to the fund to be:
(a) used by the Department of Public Safety as provided in Subsection (5); and
(b) reallocated to the General Fund as described in Subsection (6).
(5)
(a) The Department of Public Safety shall expend money from the fund to:
(i) supplement appropriations by the Legislature so that the Department of Public Safety maintains a sufficient number of alcohol-related law enforcement officers such that each year the enforcement ratio as of July 1 is equal to or less than the number specified in Section 32B-1-201; and
(ii) maintain at least:
(A) 10 drug-related law enforcement officers;
(B) eight SBI drug-related law enforcement officers; and
(C) two social workers.
(b) Four of the alcohol-related law enforcement officers described in Subsection (5)(a)(i) shall have as a primary focus the enforcement of this title in relationship to restaurants.
(6) For fiscal year 2023, the Division of Finance shall deposit into the General Fund $3 million of unspent money in the fund.
Amended by Chapter 396, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 3 - Fiscal Matters › Section 306 - Underage drinking prevention media and education campaign.

Affected by 63I-1-232 on 1/1/2033
Effective 5/5/2021
32B-2-306.
Underage drinking prevention media and education campaign.
(1) As used in this section:
(a) "Advisory council" means the Utah Substance Use and Mental Health Advisory Council created in Section 63M-7-301.
(b) "Restricted account" means the Underage Drinking Prevention Media and Education Campaign Restricted Account created in this section.
(2)
(a) There is created a restricted account within the General Fund known as the "Underage Drinking Prevention Media and Education Campaign Restricted Account."
(b) The restricted account consists of:
(i) deposits made under Subsection (3); and
(ii) interest earned on the restricted account.
(3) The department shall deposit 0.6% of the total gross revenue from sales of liquor with the state treasurer, as determined by the total gross revenue collected for the fiscal year two years preceding the fiscal year for which the deposit is made, to be credited to the restricted account and to be used by the department as provided in Subsection (5).
(4) The advisory council shall:
(a) provide ongoing oversight of a media and education campaign funded under this section;
(b) create an underage drinking prevention workgroup consistent with guidelines proposed by the advisory council related to the membership and duties of the underage drinking prevention workgroup;
(c) create guidelines for how money appropriated for a media and education campaign can be used;
(d) include in the guidelines established pursuant to this Subsection (4) that a media and education campaign funded under this section is carefully researched and developed, and appropriate for target groups; and
(e) approve plans submitted by the department in accordance with Subsection (5).
(5)
(a) Subject to appropriation from the Legislature, the department shall expend money from the restricted account to direct and fund one or more media and education campaigns designed to reduce underage drinking in cooperation with the advisory council.
(b) The department shall:
(i) in cooperation with the underage drinking prevention workgroup created under Subsection (4), prepare and submit a plan to the advisory council detailing the intended use of the money appropriated under this section;
(ii) upon approval of the plan by the advisory council, conduct the media and education campaign in accordance with the guidelines made by the advisory council; and
(iii) submit to the advisory council annually by no later than October 1, a written report detailing the use of the money for the media and education campaigns conducted under this Subsection (5) and the impact and results of the use of the money during the prior fiscal year ending June 30.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 4 - Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act › Section 401 - Title.

Effective 7/1/2014
32B-2-401.
Title.
This part is known as the "Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act."
Amended by Chapter 119, 2014 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 4 - Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act › Section 403 - Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created.

Effective 7/1/2014
32B-2-403.
Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created.
(1)
(a) There is created in the General Fund a restricted account known as the "Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account."
(b) The account is funded from:
(i) money deposited by the state treasurer in accordance with Section 59-15-109;
(ii) appropriations made to the account by the Legislature; and
(iii) interest described in Subsection (1)(c).
(c) Interest earned on the account shall be deposited into the account.
(2)
(a) Consistent with the policies provided in Subsection 32B-1-103(4)(b), money in the account shall be used for statewide public purposes, including promoting the reduction of the harmful effects of substance abuse, overconsumption of alcoholic products by an adult, and alcohol consumption by minors, by exclusively funding programs or projects related to prevention, treatment, detection, prosecution, and control of violations of this title and other offenses in which alcohol or substance abuse is a contributing factor except as provided in Subsection (2)(b).
(b) The portion distributed under this part to a county may also be used for the confinement or treatment of persons arrested for or convicted of offenses in which alcohol or substance abuse is a contributing factor.
(c) A municipality or county entitled to receive money shall use the money exclusively as required by this Subsection (2).
(3) The appropriations provided for under Section 32B-2-404 are:
(a) intended to supplement the budget of the appropriate agencies of each municipality and county within the state to enable the municipalities and counties to more effectively fund the programs and projects described in Subsection (2); and
(b) not intended to replace money that would otherwise be allocated for the programs and projects in Subsection (2).
(4) It is the intent of the Legislature that the appropriations distributed under this part be used to fund a balanced approach to reducing the harmful effects of substance abuse, overconsumption of alcoholic products by adults, and alcohol consumption by minors. To this end, the Legislature encourages municipalities and counties receiving money under this part to use the most effective formula allocation to fund evidence-based and evidence-informed prevention programs.
Amended by Chapter 119, 2014 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 4 - Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act › Section 405 - Reporting by municipalities and counties -- Grants.

Affected by 63I-1-232 on 1/1/2023
Effective 5/10/2016
32B-2-405.
Reporting by municipalities and counties -- Grants.
(1) A municipality or county that receives money under this part during a fiscal year shall by no later than October 1 following the fiscal year:
(a) report to the advisory council:
(i) the programs or projects of the municipality or county that receive money under this part;
(ii) if the money for programs or projects were exclusively used as required by Subsection 32B-2-403(2);
(iii) indicators of whether the programs or projects that receive money under this part are effective; and
(iv) if money received under this part was not expended by the municipality or county; and
(b) provide the advisory council a statement signed by the chief executive officer of the county or municipality attesting that the money received under this part was used in addition to money appropriated or otherwise available for the county's or municipality's law enforcement and was not used to supplant that money.
(2) The advisory council may, by a majority vote:
(a) suspend future payments under Subsection 32B-2-404(4) to a municipality or county that:
(i) does not file a report that meets the requirements of Subsection (1); or
(ii) the advisory council finds does not use the money as required by Subsection 32B-2-403(2) on the basis of the report filed by the municipality or county under Subsection (1); and
(b) cancel a suspension under Subsection (2)(a).
(3) The State Tax Commission shall notify the advisory council of the balance of any undistributed money after the annual distribution under Subsection 32B-2-404(5).
(4)
(a) Subject to the requirements of this Subsection (4), the advisory council shall award the balance of undistributed money under Subsection (3):
(i) as prioritized by majority vote of the advisory council; and
(ii) as grants to:
(A) a county;
(B) a municipality;
(C) the department;
(D) the Department of Human Services;
(E) the Department of Public Safety; or
(F) the State Board of Education.
(b) By not later than May 30 of the fiscal year of the appropriation, the advisory council shall notify the State Tax Commission of grants awarded under this Subsection (4).
(c) The State Tax Commission shall make payments of a grant:
(i) upon receiving notice as provided under Subsection (4)(b); and
(ii) by not later than June 30 of the fiscal year of the appropriation.
(d) An entity that receives a grant under this Subsection (4) shall use the grant money exclusively for programs or projects described in Subsection 32B-2-403(2).
Amended by Chapter 144, 2016 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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 Session
Amended by Chapter 276, 2010 General Session, (Coordination Clause)
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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 Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 5 - State Store › Section 505 - Reporting requirements -- Building plan and market survey required -- Department performance measures.

Effective 5/3/2023
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 Division of Facilities Construction and Management 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 369, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 6 - Package Agency › Section 602 - Application and renewal requirements for a package agency.

Effective 6/1/2022
32B-2-602.
Application and renewal 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.
(5) For the renewal of a package agency agreement, the package agent shall submit to the department any information the commission or department may require.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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 Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 7 - Wine Subscription Program › Section 701 - Definitions.

Effective 5/4/2022
32B-2-701.
Definitions.
As used in this part:
(1) "Division" means the Division of Consumer Purchasing created in Section 32B-2-212.
(2) "Subscriber" means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2).
(3) "Subscription program" means the wine subscription program established in Section 32B-2-702.
(4) "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.
(5) "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.
Amended by Chapter 412, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 7 - Wine Subscription Program › Section 702 - Wine subscription program.

Effective 5/4/2022
32B-2-702.
Wine subscription program.
(1) The division 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 division prescribes;
(b) authorizing the division to purchase the wine subscription in the individual's name;
(c) paying the division, in a manner the division 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 division 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 division 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).
Amended by Chapter 412, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 7 - Wine Subscription Program › Section 703 - Fees -- Rulemaking.

Effective 5/4/2022
32B-2-703.
Fees -- Rulemaking.
(1) The division 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 division 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 division wines that are purchased through the subscription program.
Amended by Chapter 412, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 8 - Consumer Purchasing System › Section 801 - Definitions.

Effective 5/4/2022
32B-2-801.
Definitions.
As used in this part:
(1) "Consumer purchasing system" means the consumer purchasing system established in Section 32B-2-802.
(2) "Division" means the Division of Consumer Purchasing created in Section 32B-2-212.
Enacted by Chapter 412, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 8 - Consumer Purchasing System › Section 802 - Consumer purchasing system.

Effective 5/4/2022
32B-2-802.
Consumer purchasing system.
(1) The division shall establish and administer a consumer purchasing system that:
(a) allows a person to:
(i) order an alcoholic product from an approved vendor through the division; and
(ii) pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a state store or package agency; and
(b) requires a person ordering an alcoholic product as described in Subsection (1)(a) to, at the time the order is made:
(i) designate a state store or package agency at which the person would prefer to collect the alcoholic product; and
(ii) pay the division for the alcoholic product order in full, including:
(A) the cost of the alcoholic product; and
(B) in addition to any tax, the markup described in Section 32B-2-304.
(2) The division shall:
(a) ensure that an alcoholic product ordered through the consumer purchasing system is shipped or transported to a department warehouse;
(b) deliver an alcoholic product ordered through the consumer purchasing system to the appropriate state store or package agency;
(c) notify the person who ordered an alcoholic product through the consumer purchasing system when the alcoholic product is ready for the person to collect; and
(d) administer the consumer purchasing system in a manner that:
(i) is efficient;
(ii) ensures timely delivery of alcoholic products; and
(iii) frequently updates a person who orders an alcoholic product through the consumer purchasing system on the status of the order.
(3) The division may not require that a person order a specific quantity of an alcoholic product that is:
(a) different than a quantity the vendor offers for sale; or
(b) larger than the smallest quantity the vendor offers for sale.
Enacted by Chapter 412, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 8 - Consumer Purchasing System › Section 803 - Rulemaking.

Effective 5/4/2022
32B-2-803.
Rulemaking.
The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this part.
Enacted by Chapter 412, 2022 General Session
2023 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 Session
Amended by Chapter 281, 2018 General Session
2023 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 2 - Disciplinary Proceedings › Section 202 - Timing of reporting violations.

Effective 6/1/2022
32B-3-202.
Timing of reporting violations.
(1) The department or the commission may not take administrative action against a person subject to administrative action before:
(a) a nondepartment enforcement agency or enforcement officer or a department compliance officer submits to the department a report:
(i) containing facts that could support a finding that the person subject to administrative action violated this title or a commission rule; and
(ii) no more than eight business days after the day on which the nondepartment enforcement agency or officer or the compliance officer completes the investigation containing the facts described in Subsection (1)(a)(i); and
(b) subject to Subsection (5), the department notifies the person subject to administrative action, no more than eight business days after the day on which the department receives the report described in Subsection (1)(a), that the commission or department:
(i) received the report described in Subsection (1)(a); and
(ii) may initiate or maintain a disciplinary proceeding on the basis, in whole or in part, on the facts contained in the report described in Subsection (1)(a).
(2)
(a) The department may provide the notice required under this section orally, if after the oral notification the department provides written notification.
(b) The department may provide the written notification described in Subsection (2)(a) outside the time periods required under this section.
(3) The department shall maintain a record of a notification required under this section that includes:
(a) the name of the person notified;
(b) the date of the notification; and
(c) the type of notification given.
(4)
(a) The department may issue an order to show cause if the department receives a report described in Subsection (1)(a), containing facts that could support a finding that the person subject to administrative action violated:
(i) this title regarding necessary licensing requirements; or
(ii) a commission rule regarding necessary licensing requirements.
(b) A necessary licensing requirement described in Subsection (4)(a) includes:
(i) maintaining an approved, licensed premise;
(ii) maintaining insurance;
(iii) maintaining a bond;
(iv) following the requirements in Section 32B-1-304, regarding qualifications;
(v) maintaining required store hours;
(vi) failing to utilize the license issued; or
(vii) transferring a license in violation of Chapter 18, Change of Alcohol License or Location Act.
(c) The department's issuance of an order to show cause in accordance with this Subsection (4):
(i) does not initiate a disciplinary proceeding; and
(ii) is not subject to Title 63G, Chapter 4, Administrative Procedures Act.
(5) The department is not required to provide notice as described in Subsection (1)(b) if the person subject to administrative action is staff.
Amended by Chapter 447, 2022 General Session
2023 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
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 2 - Disciplinary Proceedings › Section 206 - Dishonored checks.

32B-3-206.
Dishonored checks.
(1) If a check issued in payment of a fee or cost authorized or required by this title is returned to the department as dishonored:
(a) the department may assess a service charge in an amount set by commission rule against the person on whose behalf the check was tendered;
(b) if the check that is returned to the department is from a package agent, licensee, or permittee, the commission may:
(i) suspend or revoke the license or permit; or
(ii) suspend or terminate the operation of the package agency;
(c) the department may require that the person who payed with the dishonored check only pay money owed to the department under this title with cash for the time period determined by the department; or
(d) the department or commission may take a combination of actions as provided in this Subsection (1).
(2)
(a) If a license or permit is revoked under this section, the commission may require the forfeiture of the bond of the licensee or permittee.
(b) Notwithstanding Subsection (2)(a), the department may make a claim against a bond posted by a licensee or permittee for money owed the department under this title without the commission first revoking the license or permit.
(3)
(a) If the operation of a package agency is terminated under this section and the department has posted a bond for the package agency, the commission may require the forfeiture of the bond.
(b) Notwithstanding Subsection (3)(a), the department may make a claim against a bond posted for a package agency without the commission first terminating the operation of the package agency.
Enacted by Chapter 276, 2010 General Session