32B-2-202.  Powers and duties of the commission.

(1)  The commission shall:

Terms Used In Utah Code 32B-2-202

  • Airport lounge: means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport with a United States Customs office on the premises of the international airport. See Utah Code 32B-1-102
  • Airport lounge license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 5, Airport Lounge License. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Banquet: means an event:
    (a) that is held at one or more designated locations approved by the commission in or on the premises of a:
    (i) hotel;
    (ii) resort facility;
    (iii) sports center; or
    (iv) convention center;
    (b) for which there is a contract:
    (i) between a person operating a facility listed in Subsection (6)(a) and another person; and
    (ii) under which the person operating a facility listed in Subsection (6)(a) is required to provide an alcoholic product at the event; and
    (c) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Bar establishment license: includes :
    (i) a dining club license;
    (ii) an equity license;
    (iii) a fraternal license; or
    (iv) a bar license. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Beer retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Beer wholesaling license: means a license:
    (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
    (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
  • Beer-only restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License. See Utah Code 32B-1-102
  • Brewer: means a person engaged in manufacturing:
    (a) beer;
    (b) heavy beer; or
    (c) a flavored malt beverage. See Utah Code 32B-1-102
  • Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Event permit: means :
    (a) a single event permit; or
    (b) a temporary beer event permit. See Utah Code 32B-1-102
  • Full-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License. See Utah Code 32B-1-102
  • Heavy beer: means a product that:
    (i) contains more than 4% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • Hotel: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Liquor warehousing license: means a license that is issued:
    (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
    (b) to a person, other than a licensed manufacturer, who engages in the importation for storage, sale, or distribution of liquor regardless of amount. See Utah Code 32B-1-102
  • Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
  • Off-premise beer retailer: means a beer retailer who is:
    (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
    (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
  • Off-premise beer retailer state license: means a state license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer State License. See Utah Code 32B-1-102
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • On-premise banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
    (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
  • Person: means :Utah Code 48-2e-1156
  • Person subject to administrative action: means :
    (a) a licensee;
    (b) a permittee;
    (c) a manufacturer;
    (d) a supplier;
    (e) an importer;
    (f) one of the following holding a certificate of approval:
    (i) an out-of-state brewer;
    (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
    (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
    (g) staff of:
    (i) a person listed in Subsections (82)(a) through (f); or
    (ii) a package agent. See Utah Code 32B-1-102
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Reception center: means a business that:
    (a) operates facilities that are at least 5,000 square feet; and
    (b) has as its primary purpose the leasing of the facilities described in Subsection (89)(a) to a third party for the third party's event. See Utah Code 32B-1-102
  • Reception center license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Retail license: means one of the following licenses issued under this title:
    (a) a full-service restaurant license;
    (b) a master full-service restaurant license;
    (c) a limited-service restaurant license;
    (d) a master limited-service restaurant license;
    (e) a bar establishment license;
    (f) an airport lounge license;
    (g) an on-premise banquet license;
    (h) an on-premise beer license;
    (i) a reception center license;
    (j) a beer-only restaurant license;
    (k) a resort license; or
    (l) a hotel license. See Utah Code 32B-1-102
  • Single event permit: means a permit issued in accordance with Chapter 9, Part 3, Single Event Permit. See Utah Code 32B-1-102
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Statute: A law passed by a legislature.
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • Temporary beer event permit: means a permit issued in accordance with Chapter 9, Part 4, Temporary Beer Event Permit. See Utah Code 32B-1-102
  • (a)  consistent with the policy established by the Legislature by statute, act as a general policymaking body on the subject of alcoholic product control;

    (b)  adopt and issue policies, rules, and procedures;

    (c)  set policy by written rules that establish criteria and procedures for:

    (i)  issuing, denying, not renewing, suspending, or revoking a package agency, license, permit, or certificate of approval; and

    (ii)  determining the location of a state store, package agency, or retail licensee;

    (d)  decide within the limits, and under the conditions imposed by this title, the number and location of state stores, package agencies, and retail licensees in the state;

    (e)  issue, deny, suspend, revoke, or not renew the following package agencies, licenses, permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product:

    (i)  a package agency;

    (ii)  a full-service restaurant license;

    (iii)  a master full-service restaurant license;

    (iv)  a limited-service restaurant license;

    (v)  a master limited-service restaurant license;

    (vi)  a bar establishment license;

    (vii)  an airport lounge license;

    (viii)  an on-premise banquet license;

    (ix)  a resort license, under which at least four or more sublicenses may be included;

    (x)  an on-premise beer retailer license;

    (xi)  a reception center license;

    (xii)  a beer-only restaurant license;

    (xiii)  a hotel license, under which at least three or more sublicenses may be included;

    (xiv)  subject to Subsection (4), a single event permit;

    (xv)  subject to Subsection (4), a temporary beer event permit;

    (xvi)  a special use permit;

    (xvii)  a manufacturing license;

    (xviii)  a liquor warehousing license;

    (xix)  a beer wholesaling license; and

    (xx)  one of the following that holds a certificate of approval:

    (A)  an out-of-state brewer;

    (B)  an out-of-state importer of beer, heavy beer, or flavored malt beverages; and

    (C)  an out-of-state supplier of beer, heavy beer, or flavored malt beverages;

    (f)  issue, deny, suspend, or revoke the following conditional licenses:

    (i)  a conditional retail license as defined in Section 32B-5-205; and

    (ii)  a conditional off-premise beer retailer state license as defined in Section 32B-7-406;

    (g)  prescribe the duties of the department in assisting the commission in issuing a package agency, license, permit, or certificate of approval under this title;

    (h)  to the extent a fee is not specified in this title, establish a fee allowed under this title in accordance with Section 63J-1-504;

    (i)  fix prices at which liquor is sold that are the same at all state stores, package agencies, and retail licensees;

    (j)  issue and distribute price lists showing the price to be paid by a purchaser for each class, variety, or brand of liquor kept for sale by the department;

    (k) 

    (i)  require the director to follow sound management principles; and

    (ii)  require periodic reporting from the director to ensure that:

    (A)  sound management principles are being followed; and

    (B)  policies established by the commission are being observed;

    (l) 

    (i)  receive, consider, and act in a timely manner upon the reports, recommendations, and matters submitted by the director to the commission; and

    (ii)  do the things necessary to support the department in properly performing the department’s duties;

    (m)  obtain temporarily and for special purposes the services of an expert or person engaged in the practice of a profession, or a person who possesses a needed skill if:

    (i)  considered expedient; and

    (ii)  approved by the governor;

    (n)  prescribe the conduct, management, and equipment of premises upon which an alcoholic product may be stored, sold, offered for sale, furnished, or consumed;

    (o)  make rules governing the credit terms of beer sales within the state to retail licensees; and

    (p)  in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take disciplinary action against a person subject to administrative action.
  • (2)  Consistent with the policy established by the Legislature by statute, the power of the commission to do the following is plenary, except as otherwise provided by this title, and not subject to review:

    (a)  establish a state store;

    (b)  issue authority to act as a package agent or operate a package agency; and

    (c)  issue or deny a license, permit, or certificate of approval.

    (3)  If the commission is authorized or required to make a rule under this title, the commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (4)  Notwithstanding Subsections (1)(e)(xiv) and (xv), the director or deputy director may issue an event permit in accordance with Chapter 9, Event Permit Act.

    Amended by Chapter 7, 2018 Special Session 2

    logo