State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-03 > 32a-3-106-repealed-07-01-1132A-3-106 (Repealed 07/01/11). Operational restrictions.
(1) (a) A package agency may not be operated until a package agency agreement hasbeen entered into by the package agent and the department.
(b) The agreement shall state the conditions of operation by which the package agent andthe department are bound.
(c) If the package agent violates the conditions, terms, or covenants contained in theagreement or violates any provisions of this title, the department may take whatever actionagainst the agent that is allowed by the package agency agreement.
(d) Actions against the package agent are governed solely by the agreement and mayinclude suspension or revocation of the agency.
(2) (a) A package agency may not purchase liquor from any person except from thedepartment.
(b) At the discretion of the department, liquor may be provided by the department to apackage agency for sale on consignment.
(3) The department may pay or otherwise remunerate a package agent on any basisincluding sales or volume of business done by the agency.
(4) Liquor may not be sold from any package agency except in a sealed package. Thepackage may not be opened on the premises of a package agency.
(5) A package agency may not display liquor or price lists in windows or showcasesvisible to passersby.
(6) (a) An officer, agent, clerk, or employee of a package agency may not consume orallow to be consumed by any person any alcoholic beverage on the premises of a package agency.
(b) Violation of this Subsection (6) is a class B misdemeanor.
(7) Liquor may not be sold except at prices fixed by the commission.
(8) Liquor may not be sold, delivered, or furnished to any:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(9) (a) Subject to the other provisions of this Subsection (9), sale or delivery of liquormay not be made on or from the premises of a package agency nor may a package agency be keptopen for the sale of liquor:
(i) (A) on Sunday; or
(B) on a state or federal legal holiday; and
(ii) except on days and during hours as the commission may direct by rule or order.
(b) The restrictions in Subsection (9)(a)(i) govern unless:
(i) the package agency is located at a winery licensed under Chapter 8, ManufacturingLicenses;
(ii) the winery licensed under Chapter 8, Manufacturing Licenses, holds:
(A) a restaurant liquor license under Chapter 4, Part 1, Restaurant Liquor Licenses; or
(B) a limited restaurant license under Chapter 4, Part 3, Limited Restaurant Licenses;
(iii) the restaurant described in Subsection (9)(b)(ii) is located at the winery;
(iv) the restaurant described in Subsection (9)(b)(ii) sells wines produced at the winery;
(v) the winery described in Subsection (9)(b)(i):
(A) owns the restaurant; or
(B) operates the restaurant;
(vi) the package agency only sells wine produced at the winery; and
(vii) the package agency's days and hours of sale are the same as the days and hours ofsale at the restaurant described in Subsection (9)(b)(ii).
(c) (i) Subsection (9)(a)(i) does not apply to a package agency held by a resort licensee ifthe package agency that contracts with the department to sell liquor does not sell liquor in amanner similar to a state store.
(ii) The commission may by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, define what constitutes a package agency that sells liquor "in amanner similar to a state store."
(10) The package agency certificate issued by the commission shall be permanentlyposted in a conspicuous place in the package agency.
(11) A package agent shall display in a prominent place in the package agency a sign inlarge letters stating: "Warning: Driving under the influence of alcohol or drugs is a serious crimethat is prosecuted aggressively in Utah."
(12) (a) A package agency may not close or cease operation for a period longer than 72hours, unless:
(i) the package agency notifies the department in writing at least seven days before theclosing; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (12)(a), in the case of emergency closure, immediatenotice of closure shall be made to the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation for a period notto exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon writtenrequest of the package agency and upon a showing of good cause.
(iii) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(d) The notice required by Subsection (12)(a) shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the agency will reopen or resume operation.
(e) Failure of the agency to provide notice and to obtain department authorization prior toclosure or cessation of operation shall result in an automatic termination of the package agencycontract effective immediately.
(f) Failure of the agency to reopen or resume operation by the approved date shall resultin an automatic termination of the package agency contract effective on that date.
(13) Liquor may not be stored or sold in any place other than as designated in thepackage agent's application, unless the package agent first applies for and receives approval fromthe department for a change of location within the package agency premises.
(14) (a) Except to the extent authorized by commission rule, a minor may not beadmitted into, or be on the premises of a package agency unless accompanied by a person who is:
(i) 21 years of age or older; and
(ii) the minor's parent, legal guardian, or spouse.
(b) A package agent or employee of the package agency that has reason to believe that a
person who is on the premises of a package agency store is under the age of 21 and is notaccompanied by a person described in Subsection (14)(a) may:
(i) ask the suspected minor for proof of age;
(ii) ask the person who accompanies the suspected minor for proof of age; and
(iii) ask the suspected minor or the person who accompanies the suspected minor forproof of parental, guardianship, or spousal relationship.
(c) A package agent or employee of a package agency shall refuse to sell liquor to thesuspected minor and to the person who accompanies the suspected minor into the packageagency if the minor or person fails to provide any information specified in Subsection (14)(b).
(d) A package agent or employee of a package agency shall require the suspected minorand the person who accompanies the suspected minor into the package agency to immediatelyleave the premises of the package agency if the minor or person fails to provide informationspecified in Subsection (14)(b).
(15) A package agency may not transfer its operations from one location to anotherlocation without prior written approval of the commission.
(16) (a) A person, having been granted a package agency, may not sell, transfer, assign,exchange, barter, give, or attempt in any way to dispose of the package agency to any otherperson, whether for monetary gain or not.
(b) A package agency has no monetary value for the purpose of any type of disposition.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session
