State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-01 > 32a-1-122-repealed-07-01-1132A-1-122 (Repealed 07/01/11). Liquor prices -- School lunch program.
(1) For purposes of this section:
(a) (i) "Landed case cost" means:
(A) the cost of the product; and
(B) inbound shipping costs incurred by the department.
(ii) "Landed case cost" does not include the outbound shipping cost from a warehouse ofthe department to a state store.
(b) "Proof gallon" has the same meaning as in 26 U.S.C. Sec. 5002.
(c) Notwithstanding Section 32A-1-105, "small brewer" means a brewer whomanufactures less than 40,000 barrels of beer and heavy beer per year.
(2) (a) Except as provided in Subsections (2)(b) and (4), spirituous liquor and wine soldby the department within the state shall be marked up in an amount not less than 86% above thelanded case cost to the department.
(b) Spirituous liquor and wine sold by the department to a military installation in Utahshall be marked up in an amount not less than 15% above the landed case cost to the department.
(3) (a) Except as provided in Subsections (3)(b) and (4), heavy beer sold by thedepartment within the state shall be marked up in an amount not less than 64.5% above thelanded case cost to the department.
(b) Heavy beer sold by the department to a military installation in Utah shall be markedup in an amount not less than 15% above the landed case cost to the department.
(4) (a) Except for spirituous liquor sold by the department to a military installation inUtah, spirituous liquor that is sold by the department within the state shall be marked up 47%above the landed case cost to the department if:
(i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000proof gallons of spirituous liquor in a calendar year; and
(ii) the manufacturer applies to the department for a reduced markup.
(b) Except for wine sold by the department to a military installation in Utah, wine that issold by the department within the state shall be marked up 47% above the landed case cost to thedepartment if:
(i) the wine is manufactured by a manufacturer producing less than 20,000 gallons ofwine in a calendar year; and
(ii) the manufacturer applies to the department for a reduced markup.
(c) Except for heavy beer sold by the department to a military installation in Utah, heavybeer that is sold by the department within the state shall be marked up 30% above the landed casecost to the department if:
(i) a small brewer manufactures the heavy beer; and
(ii) the small brewer applies to the department for a reduced markup.
(d) The department shall verify an amount described in Subsection (4)(a) or (b) pursuantto a federal or other verifiable production report.
(5) (a) Except as provided in Subsection (5)(b), a flavored malt beverage sold by thedepartment within the state shall be marked up in an amount not less than 86% above the landedcase cost to the department.
(b) A flavored malt beverage sold by the department to a military installation in Utahshall be marked up in an amount not less than 15% above the landed case cost to the department.
(6) Ten percent of the total gross revenue from sales of spirituous liquor, wine, heavy
beer, and flavored malt beverages shall be deposited by the department with the state treasurerand credited to the Uniform School Fund to be used to support the school lunch programadministered by the State Board of Education under Section 53A-19-201.
(7) Nothing in this section prohibits the department from selling discontinued items at adiscount.
Amended by Chapter 98, 2008 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session
