2006 Utah Code - 32A-3-106 — Operational restrictions.

     32A-3-106.   Operational restrictions.
     (1) (a) A package agency may not be operated until a package agency agreement has been entered into by the package agent and the department.
     (b) The agreement shall state the conditions of operation by which the package agent and the department are bound.
     (c) If the package agent violates the conditions, terms, or covenants contained in the agreement, or violates any provisions of this title, the department may take whatever action against the agent that is allowed by the package agency agreement.
     (d) Actions against the package agent are governed solely by the agreement and may include suspension or revocation of the agency.
     (2) (a) A package agency may not purchase liquor from any person except from the department.
     (b) At the discretion of the department, liquor may be provided by the department to a package agency for sale on consignment.
     (3) The department may pay or otherwise remunerate a package agent on any basis including sales or volume of business done by the agency.
     (4) Liquor may not be sold from any package agency except in a sealed package. The package may not be opened on the premises of a package agency.
     (5) All liquor sold shall be in packages that are properly marked and labeled in accordance with the rules adopted under this title.
     (6) A package agency may not display liquor or price lists in windows or showcases visible to passersby.
     (7) (a) An officer, agent, clerk, or employee of a package agency may not consume or allow to be consumed by any person any alcoholic beverage on the premises of a package agency.
     (b) Violation of this Subsection (7) is a class B misdemeanor.
     (8) Liquor may not be sold except at prices fixed by the commission.
     (9) Liquor may not be sold, delivered, or furnished to any:
     (a) minor;
     (b) person actually, apparently, or obviously intoxicated;
     (c) known habitual drunkard; or
     (d) known interdicted person.
     (10) (a) Subject to Subsection (10)(b), sale or delivery of liquor may not be made on or from the premises of any package agency nor may any package agency be kept open for the sale of liquor:
     (i) on Sunday;
     (ii) on any state or federal legal holiday;
     (iii) on any day on which any regular general election, regular primary election, or statewide special election is held until after the polls are closed;
     (iv) on any day on which any municipal, special district, or school election is held until after the polls are closed, but only within the boundaries of the municipality, special district, or school district holding the election and only if the municipality, special district, or school district in which the election is being held notifies the department at least 30 days prior to the date of the election; or
     (v) except on days and during hours as the commission may direct by rule or order.
     (b) The restrictions in Subsections (10)(a)(i) and (ii) govern unless:

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     (i) the package agency is located at a winery licensed under Chapter 8, Manufacturing Licenses;
     (ii) the winery licensed under Chapter 8, Manufacturing Licenses, holds:
     (A) a restaurant liquor license under Chapter 4, Part 1, Restaurant Liquor Licenses; or
     (B) a limited restaurant license under Chapter 4, Part 3, Limited Restaurant Licenses;
     (iii) the restaurant described in Subsection (10)(b)(ii) is located at the winery;
     (iv) the restaurant described in Subsection (10)(b)(ii) sells wines produced at the winery;
     (v) the winery described in Subsection (10)(b)(i):
     (A) owns the restaurant; or
     (B) operates the restaurant;
     (vi) the package agency only sells wine produced at the winery; and
     (vii) the package agency's days and hours of sale are the same as the days and hours of sale at the restaurant described in Subsection (10)(b)(ii).
     (11) The package agency certificate issued by the commission shall be permanently posted in a conspicuous place in the package agency.
     (12) Each package agent shall display in a prominent place in the package agency 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."
     (13) (a) A package agency may not close or cease operation for a period longer than 72 hours, unless:
     (i) the package agency notifies the department in writing at least seven days before the closing; and
     (ii) the closure or cessation of operation is first approved by the department.
     (b) Notwithstanding Subsection (13)(a), in the case of emergency closure, immediate notice of closure shall be made to the department by telephone.
     (c) (i) The department may authorize a closure or cessation of operation for a period not to exceed 60 days.
     (ii) The department may extend the initial period an additional 30 days upon written request of the package agency and upon a showing of good cause.
     (iii) A closure or cessation of operation may not exceed a total of 90 days without commission approval.
     (d) The notice required by Subsection (13)(a) shall include:
     (i) the dates of closure or cessation of operation;
     (ii) the reason for the closure or cessation of operation; and
     (iii) the date on which the agency will reopen or resume operation.
     (e) Failure of the agency to provide notice and to obtain department authorization prior to closure or cessation of operation shall result in an automatic termination of the package agency contract effective immediately.
     (f) Failure of the agency to reopen or resume operation by the approved date shall result in an automatic termination of the package agency contract effective on that date.
     (14) Liquor may not be stored or sold in any place other than as designated in the package agent's application, unless the package agent first applies for and receives approval from the department for a change of location within the package agency premises.
     (15) (a) Except to the extent authorized by commission rule, a minor may not be admitted into, or be on the premises of a package agency unless accompanied by a person who is:

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     (i) 21 years of age or older; and
     (ii) the minor's parent, legal guardian, or spouse.
     (b) Any package agent or employee of the package agency that has reason to believe that a person who is on the premises of a package agency store is under the age of 21 and is not accompanied by a person described in Subsection (15)(a) may:
     (i) ask the suspected minor for proof of age;
     (ii) ask the person who accompanied the suspected minor for proof of age; and
     (iii) ask the suspected minor or the person who accompanied the suspected minor for proof of parental, guardianship, or spousal relationship.
     (c) Any package agent or employee of a package agency shall refuse to sell liquor to the suspected minor and to the person who accompanied the suspected minor into the package agency if they fail to provide any of the information specified in Subsection (15)(b).
     (d) Any package agent or employee of a package agency shall require the suspected minor and the person who accompanied the suspected minor into the package agency to immediately leave the premises of the package agency if they fail to provide any of the information specified in Subsection (15)(b).
     (16) A package agency may not transfer its operations from one location to another without prior written approval of the commission.
     (17) (a) A person, having been granted a package agency, may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the package agency to any other person, whether for monetary gain or not.
     (b) A package agency has no monetary value for the purpose of any type of disposition.

Amended by Chapter 152, 2005 General Session