Title 32B, Title 32B: Alcoholic Beverage Control Act

32B-2-204. Powers and duties of the department -- Immunity. (1) The department shall control liquor merchandise inventory including: listing and delisting a product; the procedures for testing a new product; purchasing policy; turnover requirements for a regularly coded product t…

32B-2-205. Director of alcoholic beverage services. (1) In accordance with Subsection (1)(b), the governor, with the advice and consent of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. The director may be appointed to more than one four-…

32B-2-206. Powers and duties of the director. Subject to the powers and responsibilities of the commission under this title, the director: (1) shall prepare and propose to the commission general policies, rules, and procedures governing the administrative activities of the depart…

32B-2-207. Department employees -- Requirements. (1) As used in this section, "upper management" means a deputy director or other Schedule AD, AR, or AS employee of the department, as defined in Section. 63A-17-301 (2) Subject to this title, including the requirements of, the dir…

32B-2-208. Services of State Health Laboratory. The State Health Laboratory shall make its services available to the department when necessary. The department shall pay for the services from the Liquor Control Fund to the Department of Health and Human Services.

32B-2-209. Prohibited interests, relationships, and actions. (1) As used in this section: "Applicable department employee" means a department employee who is: designated as a deputy or assistant director; a chief administrative officer of a division within the department; a depar…

32B-2-211. Review and audit of commission rules. (1) In 2019 and every third year thereafter, the Legislature's general counsel shall review each current rule made by the commission for compliance with current statute. On or before December 15 of each year in which the Legislatur…

32B-2-212. Division of Consumer Purchasing. There is created with the department the Division of Consumer Purchasing to establish and administer: (1) the wine subscription program described in; and Part 7, Wine Subscription Program (2) the consumer purchasing system described in.…

32B-2-213. Round up program -- Rounding for cash transactions. (1) The department may: establish a round up program under which an individual who makes a purchase at a state store may elect to round the purchase price up to the nearest dollar; and if necessary to make exact chang…

32B-2-301. State property -- Liquor Control Fund -- Money to be retained by department -- Department building process. (1) As used in this section, "base budget" means the same as that term is defined in legislative rule. (2) The following are property of the state: the money rec…

32B-2-302. Exempt from Division of Finance -- Application of procurement -- External audits. (1) The laws that govern the Division of Finance are not applicable to the department in the purchase and sale of an alcoholic product. The department is exempt from, for the purchase of …

32B-2-302.5. Internal audits. (1) In accordance with, the department shall conduct various types of auditing procedures through an internal audit division. Title 63I, Chapter 5, Utah Internal Audit Act (2) The internal audit division: is placed directly under the director of the …

32B-2-303. Purchase of liquor. (1) The department may only: 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; and Chapter 10, Part 3, Public Serv…

32B-2-304. Liquor price -- Remittance of markup -- School lunch program. (1) For purposes of this section: "Landed case cost" means the sum of: the cost of the product; inbound shipping costs the department incurs; and case handling costs the department incurs. "Landed case cost"…

32B-2-305. Alcoholic Beverage Control Act Enforcement Fund. (1) As used in this section: "Alcohol-related law enforcement officer" means the same as that term is defined in Section. 32B-1-201 "Drug-related law enforcement officer" means a law enforcement officer employed by the D…

32B-2-306. Underage drinking prevention media and education campaign. (1) As used in this section, "restricted account" means the Underage Drinking Prevention Media and Education Campaign Restricted Account created in this section. (2) There is created a restricted account within…

32B-2-307. State Store Land Acquisition and Building Construction Fund. (1) As used in this section, "fund" means the State Store Land Acquisition and Building Construction Fund created in this section. (2) There is created an enterprise fund known as the State Store Land Acquisi…

32B-2-401. Title. This part is known as the "Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act."

32B-2-402. Definitions -- Calculations. (1) As used in this part: "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section. 32B-2-403 "Alcohol-related offense" means: a violation of: Section; or 41-6a-502 an ordina…

32B-2-403. Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created. (1) There is created in the General Fund a restricted account known as the "Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account." The account is…

32B-2-404. Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account distribution. (1) The money deposited into the account under Sectionshall be distributed to municipalities and counties: 32B-2-403 to the extent appropriated by the Legislature, except …

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: report to the Behavioral Health Commission, before July 1, 2029, or the…

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 …

32B-2-502. Commission and department duties before establishing a state store. (1) 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 ass…

32B-2-503. Operational requirements for a state store. (1) A state store shall display in a prominent place in the store a sign in large letters that consists of text in the following order: a header that reads: "WARNING"; a warning statement that reads: "Drinking alcoholic bever…

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…

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 Transportation and Infrastructure Appropriations Subcommittee that…

32B-2-601. Commission's power to issue package agency. (1) The commission may, when the commission considers proper, issue authority to operate as a package agency by directing the department to enter into a package agency agreement with a person to sell, offer for sale, or furni…

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 ac…

32B-2-603. Commission and department duties before issuing a package agency. (1) 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…

32B-2-604. Bond related to package agency. (1) A package agent who has a consignment liquor inventory owned by the state shall post a: consignment surety bond: payable to the department; and in the amount of the consignment inventory; and cash or surety bond: payable to the depar…

32B-2-605. Operational requirements for package agency. (1) A person may not operate a package agency until a package agency agreement is entered into by the package agent and the department. A package agency agreement shall state the conditions of operation by which the package …

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 th…

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 subje…

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" mean…

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 offe…

32B-2-703. Fees -- Rulemaking. (1) The division may charge a fee as part of the subscription program: in accordance with Section; and 63J-1-504 to cover costs to the division for administering the subscription program. (2) The commission may make rules in accordance with, for the…

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

32B-2-802. Consumer purchasing system. (1) The division shall establish and administer a consumer purchasing system that: allows a person to: order an alcoholic product from an approved vendor through the division; and pick up an alcoholic product ordered as described in Subsecti…

32B-2-803. Rulemaking. The commission may make rules in accordance with, to carry out the provisions of this part.

32B-3-101. Title. This chapter is known as the "Disciplinary Actions and Enforcement Act."

32B-3-102. Definitions. As used in this chapter: (1) "Aggravating circumstances" means: prior warnings about compliance problems; a prior violation history; a lack of written policies governing employee conduct; multiple violations during the course of an investigation; efforts t…

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 cri…

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 nondepartment enforcement agency or enforcement officer or a department compliance officer submits to the…

32B-3-203. Initiating a disciplinary proceeding. Subject to Section: (1) Subject to Subsection, the department shall initiate a disciplinary proceeding described in Subsectionif the department: (3) (2) receives a report from an investigator alleging that a person subject to admin…

32B-3-204. Disciplinary proceeding procedure. (1) Subject to Section, the following may conduct an adjudicative proceeding to inquire into a matter necessary and proper for the administration of this title and rules adopted under this title: 32B-3-202 the commission; a hearing ex…