32B-2-602. Application and renewal requirements for a package agency.
(1)
Before a person may store, sell, offer for sale, or furnishliquor in a sealed container on its premises under a package agency, the person shall first obtain a package agency issued by the commission in accordance with this part.
Terms Used In Utah Code 32B-2-602
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
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 6, 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
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
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(2)
To obtain a package agency, a person seeking to be the package agent under this part shall submit to the department:
(a)
a written application in a form prescribed by the department;
(b)
a nonrefundable application fee of $125;
(c)
written consent of the local authority;
(d)
evidence of proximity to any community location, with proximity requirements being governed by Section 32B-1-202;
a floor plan of the premises, including a description and highlighting of that part of the premises in which the person proposes that the package agency be located;
(g)
evidence that the package agency is carrying public liability insurance in an amount and form satisfactory to the department;
(h)
a signed consent form stating that the package agent permits any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the premises of the package agency;
(i)
if the person applying is an entity, verification that a person who signs the package agency application is authorized to sign on behalf of the entity; and
(j)
any other information the commission or department may require.
(3)
The commission may not issue a package agency to a person who is disqualified under Section 32B-1-304.
(4)
The commission may not issue a package agency for premises that do not meet the proximity requirements of Section 32B-1-202.
(5)
For the renewal of a package agency agreement, the package agent shall submit to the department any information the commission or department may require.
