32B-2-204.  Powers and duties of the department — Immunity.

(1)  The department shall control liquor merchandise inventory including:

Terms Used In Utah Code 32B-2-204

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beer: includes a product that:
(i) contains alcohol in the percentages described in Subsection (12)(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
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commissioner: means a member of the commission. See Utah Code 32B-1-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: includes :Utah Code 68-3-12.5
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  listing and delisting a product;

    (b)  the procedures for testing a new product;

    (c)  purchasing policy;

    (d)  turnover requirements for a regularly coded product to be continued; and

    (e)  the disposition of discontinued, distressed, or unsaleable merchandise.
  • (2) 

    (a)  The department shall report to the governor on the administration of this title:

    (i)  as the governor may require; and

    (ii)  annually by no later than November 30, for the fiscal year ending June 30 of the year in which the report is made.

    (b)  A report under this Subsection (2) shall contain:

    (i)  a statement of the nature and amount of the business transacted by the department during the year;

    (ii)  a statement of the department’s assets and liabilities including a profit and loss account, and other accounts and matters necessary to show the results of operations of the department for the year;

    (iii)  general information on the application of this title in the state; and

    (iv)  any other information requested by the governor.

    (c)  The department shall submit a copy of a report described in this Subsection (2) to the Legislature.

    (3)  The department shall maintain insurance against loss on each motor vehicle operated by it on any public highway. A motor vehicle shall be covered for:

    (a)  liability imposed by law upon the department for damages from bodily injuries suffered by one or more persons by reason of the ownership, maintenance, or use of the motor vehicle; and

    (b)  liability or loss from damage to or destruction of property of any description, including liability of the department for the resultant loss of use of the property, which results from accident due to the ownership, maintenance, or use of the motor vehicle.


    (a)  The department may sue, be sued, and defend in a proceeding, in a court of law or otherwise, in the name of the department.

    (b)  An action may not be taken:

    (i)  against the commission; or

    (ii)  in the name of a commissioner.

    (5)  The department is liable to respond in damages in a case if a private corporation under the same circumstances would be liable.


    (a)  Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies in an action commenced against the department for damages sustained as a result of department ownership, maintenance, or use of a motor vehicle under Subsections (4) and (5).

    (b)  In an action described in Subsection (6)(a), the commission and each commissioner are immune from suit.

    (7)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules related to measuring the alcohol content of beer.

    Amended by Chapter 403, 2019 General Session