Superseded 7/1/2023)

Superseded 7/1/2023
32B-2-305.  Alcoholic Beverage Control Act Enforcement Fund.

(1)  As used in this section:

Terms Used In Utah Code 32B-2-305

  • Alcoholic beverage: means the following:
(a) beer; or
(b) liquor. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services 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.
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
    (i) elementary school;
    (ii) secondary school; or
    (iii) kindergarten. 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 68-3-12.5
  • (a)  “Alcohol-related law enforcement officer” is as defined in Section 32B-1-201.

    (b)  “Enforcement ratio” is as defined in Section 32B-1-201.

    (c)  “Fund” means the Alcoholic Beverage Control Act Enforcement Fund created in this section.
  • (2)  There is created an expendable special revenue fund known as the “Alcoholic Beverage Control Act Enforcement Fund.”

    (3) 

    (a)  The fund consists of:

    (i)  deposits made under Subsection (4); and

    (ii)  interest earned on the fund.

    (b) 

    (i)  The fund shall earn interest.

    (ii)  Interest on the fund shall be deposited into the fund.

    (4)  After the deposit made under Section 32B-2-304 for the school lunch program, the department shall deposit 0.875% of the total gross revenue from the sale of liquor with the state treasurer to be credited to the fund to be:

    (a)  used by the Department of Public Safety as provided in Subsection (5); and

    (b)  reallocated to the General Fund as described in Subsection (6).

    (5) 

    (a)  The Department of Public Safety shall expend money from the fund to supplement appropriations by the Legislature so that the Department of Public Safety maintains a sufficient number of alcohol-related law enforcement officers such that beginning on July 1, 2012, each year the enforcement ratio as of July 1 is equal to or less than the number specified in Section 32B-1-201.

    (b)  Beginning July 1, 2012, four alcohol-related law enforcement officers shall have as a primary focus the enforcement of this title in relationship to restaurants.

    (6)  For fiscal year 2023, the Division of Finance shall deposit into the General Fund $3 million of unspent money in the fund.

    Amended by Chapter 453, 2022 General Session