32B-12-301. General operational requirements for liquor warehousing license.

446 words·~2 min read·/ut/title-32b/chapter-12/32b-12-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

(a)A liquor warehouser licensee and staff of the liquor warehouser licensee shall comply with this title and the rules of the commission.

(b)Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act , against:

(i)a liquor warehouser licensee;

(ii)individual staff of a liquor warehouser licensee; or

(iii)both a liquor warehouser licensee and staff of the liquor warehouser licensee.

(a)A liquor warehouser licensee shall make and maintain records required by the department.

(b)Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection

(2).

(3)A liquor warehousing license may not be transferred from one location to another location, without prior written approval of the commission.

(a)A liquor warehouser licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to another person, whether for monetary gain or not.

(b)A liquor warehousing license has no monetary value for any type of disposition.

(5)A liquor warehouser licensee may not employ a minor to handle an alcoholic product.

(6)Liquor that is warehoused in this state and sold to an out-of-state consignee may be transported out of the state only by a motor carrier regulated under Title 72, Chapter 9, Motor Carrier Safety Act .

(7)Liquor that is warehoused in this state and sold to the department may be transported only by a motor carrier approved by the department.

(8)Liquor transported to or from a liquor warehouser licensee's licensed premises shall be carried in a sealed conveyance that is made available for inspection by the department while en route within the state.

(9)A liquor warehouser licensee may not ship, convey, distribute, or remove liquor from a warehouse in less than a full case lot.

(10)A liquor warehouser licensee may not ship, convey, distribute, or remove liquor from a warehouse to a consignee outside the state that is not licensed as a liquor wholesaler or retailer by the state in which the consignee is domiciled.

(11)A liquor warehouser licensee may not receive, warehouse, distribute, transport, ship, or convey liquor that the commission has not authorized the liquor warehouser licensee to handle through its warehouse.

(12)The commission may prescribe by policy or rule, consistent with this title, the general operational requirements of licensees relating to:

(a)physical facilities;

(b)conditions of storage, distribution, or transport of liquor; and

(c)other matters considered appropriate by the commission.

Amended by Chapter 354 , 2020 General Session