32B-2-702.  Wine subscription program.

(1)  The division shall establish and administer a wine subscription program as described in this part.

Terms Used In Utah Code 32B-2-702

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-701
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • 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
  • 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
  • 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
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Subscriber: means an individual who subscribes to a wine subscription as described in Subsection 32B-2-702(2). See Utah Code 32B-2-701
  • Subscription program: means the wine subscription program established in Section 32B-2-702. See Utah Code 32B-2-701
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Wine subscription: means an arrangement in which a customer pays a recurring price at regular intervals for a product that involves the shipment or transportation of wine. See Utah Code 32B-2-701
  • Wine subscription business: means a person that:
    (a) sells or offers for sale a wine subscription; and
    (b) contracts with the department to participate in the subscription program. See Utah Code 32B-2-701
    (2)  The subscription program shall permit an individual to subscribe to a wine subscription that a wine subscription business sells or offers for sale by:

    (a)  enrolling in the wine subscription program in a manner the division prescribes;

    (b)  authorizing the division to purchase the wine subscription in the individual’s name;

    (c)  paying the division, in a manner the division prescribes:

    (i)  the price of the wine subscription;

    (ii)  in addition to any tax, the markup described in Subsection 32B-2-304(4); and

    (iii)  a fee the division charges in accordance with Subsection 32B-2-703(1); and

    (d)  designating the state store or package agency at which the individual would prefer to collect the wine.

    (3)  The division shall:

    (a)  designate by contract with a wine subscription business the department warehouse to which the wine subscription business ships or transports wine under the subscription program;

    (b)  deliver wine purchased through the subscription program to the appropriate state store or package agency; and

    (c)  notify a subscriber when wine purchased through the subscription program is ready for the subscriber to collect from the state store or package agency described in Subsection (3)(b).

    Amended by Chapter 412, 2022 General Session