32B-2-802.  Consumer purchasing system.

(1)  The division shall establish and administer a consumer purchasing system that:

Terms Used In Utah Code 32B-2-802

  • Consumer purchasing system: means the consumer purchasing system established in Section 32B-2-802. See Utah Code 32B-2-801
  • 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-2-801
  • 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
  • Person: means :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
  • 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
  • (a)  allows a person to:

    (i)  order an alcoholic product from an approved vendor through the division; and

    (ii)  pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a state store or package agency; and

    (b)  requires a person ordering an alcoholic product as described in Subsection (1)(a) to, at the time the order is made:

    (i)  designate a state store or package agency at which the person would prefer to collect the alcoholic product; and

    (ii)  pay the division for the alcoholic product order in full, including:

    (A)  the cost of the alcoholic product; and

    (B)  in addition to any tax, the markup described in Section 32B-2-304.
  • (2)  The division shall:

    (a)  ensure that an alcoholic product ordered through the consumer purchasing system is shipped or transported to a department warehouse;

    (b)  deliver an alcoholic product ordered through the consumer purchasing system to the appropriate state store or package agency;

    (c)  notify the person who ordered an alcoholic product through the consumer purchasing system when the alcoholic product is ready for the person to collect; and

    (d)  administer the consumer purchasing system in a manner that:

    (i)  is efficient;

    (ii)  ensures timely delivery of alcoholic products; and

    (iii)  frequently updates a person who orders an alcoholic product through the consumer purchasing system on the status of the order.

    (3)  The division may not require that a person order a specific quantity of an alcoholic product that is:

    (a)  different than a quantity the vendor offers for sale; or

    (b)  larger than the smallest quantity the vendor offers for sale.

    Enacted by Chapter 412, 2022 General Session