2006 Utah Code - 32A-1-107 — Powers and duties of the commission.

     32A-1-107.   Powers and duties of the commission.
     (1) The commission shall:
     (a) act as a general policymaking body on the subject of alcoholic product control;
     (b) adopt and issue policies, directives, rules, and procedures;
     (c) set policy by written rules that establish criteria and procedures for:
     (i) granting, denying, suspending, or revoking permits, licenses, certificates of approval, and package agencies;
     (ii) controlling liquor merchandise inventory including:
     (A) listing and delisting products;
     (B) the procedures for testing new products;
     (C) purchasing policy;
     (D) turnover requirements for regularly coded products to be continued; and
     (E) the disposition of discontinued, distressed, or unsaleable merchandise; and
     (iii) determining the location of state stores, package agencies, and outlets;
     (d) decide within the limits and under the conditions imposed by this title, the number and location of state stores, package agencies, and outlets established in the state;
     (e) issue, grant, deny, suspend, revoke, or not renew the following permits, licenses, certificates of approval, and package agencies for the purchase, sale, storage, service, manufacture, distribution, and consumption of alcoholic products:
     (i) package agencies;
     (ii) restaurant licenses;
     (iii) airport lounge licenses;
     (iv) limited restaurant licenses;
     (v) on-premise banquet licenses;
     (vi) private club licenses;
     (vii) on-premise beer retailer licenses;
     (viii) temporary special event beer permits;
     (ix) special use permits;
     (x) single event permits;
     (xi) manufacturing licenses;
     (xii) liquor warehousing licenses;
     (xiii) beer wholesaling licenses; and
     (xiv) out-of-state brewer certificates of approval;
     (f) fix prices at which liquors are sold that are the same at all state stores, package agencies, and outlets;
     (g) issue and distribute price lists showing the price to be paid by purchasers for each class, variety, or brand of liquor kept for sale by the department;
     (h) (i) require the director to follow sound management principles; and
     (ii) require periodic reporting from the director to ensure that:
     (A) sound management principles are being followed; and
     (B) policies established by the commission are being observed;
     (i) (i) receive, consider, and act in a timely manner upon all reports, recommendations, and matters submitted by the director to the commission; and
     (ii) do all things necessary to support the department in properly performing the department's duties and responsibilities;

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     (j) obtain temporarily and for special purposes the services of experts and persons engaged in the practice of a profession or who possess any needed skills, talents, or abilities if:
     (i) considered expedient; and
     (ii) approved by the governor;
     (k) prescribe the duties of departmental officials authorized to assist the commission in issuing permits, licenses, certificates of approval, and package agencies under this title;
     (l) prescribe, consistent with this title, the fees payable for:
     (i) permits, licenses, certificates of approval, and package agencies issued under this title; or
     (ii) anything done or permitted to be done under this title;
     (m) prescribe the conduct, management, and equipment of any premises upon which alcoholic beverages may be sold, consumed, served, or stored;
     (n) make rules governing the credit terms of beer sales to retailers within the state;
     (o) require that each of the following, where required in this title, display in a prominent place a sign in large letters stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.":
     (i) a state store;
     (ii) a permittee;
     (iii) a licensee; and
     (iv) a package agency; and
     (p) subject to Subsection (4) and as provided in this title, impose fines against:
     (i) a permittee, licensee, certificate holder, or package agent described in Subsection (1)(e); or
     (ii) any officer, employee, or agent of a permittee, licensee, certificate holder, or package agent described in Subsection (1)(p)(i).
     (2) The power of the commission to do the following is plenary, except as otherwise provided by this title, and not subject to review:
     (a) establish state stores;
     (b) create package agencies;
     (c) grant authority to operate package agencies; and
     (d) grant or deny permits, licenses, and certificates of approval.
     (3) The commission may appoint qualified hearing examiners to conduct any suspension or revocation hearings required by law.
     (4) (a) In any case where the commission is given the power to suspend any permit, license, certificate of approval, or package agency the commission may impose a fine in addition to or in lieu of suspension.
     (b) Fines imposed may not exceed $25,000 in the aggregate for:
     (i) any single Notice of Agency Action; or
     (ii) a single action against a package agency.
     (c) The commission shall promulgate, by rule, a schedule setting forth a range of fines for each violation.

Amended by Chapter 162, 2006 General Session