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2011 Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 2 Alcoholic Beverage Control Administration Act
Section 301 State property -- Liquor Control Fund.

32B-2-301. State property -- Liquor Control Fund.
(1) The following are property of the state:
(a) the money received by the department in the administration of this title, except as otherwise provided; and
(b) property acquired, administered, possessed, or received by the department.
(2) (a) There is created an enterprise fund known as the "Liquor Control Fund."
(b) Except as provided in Section 32B-3-205, money received in the administration of this title shall be paid to the department and transferred to the Liquor Control Fund.
(c) The state treasurer shall by warrant draw from the Liquor Control Fund the expenses, debts, and liabilities incurred by the department in connection with the administration of this title or any other expense necessary for the administration of this title, including:
(i) salaries;
(ii) premiums, if any, on a bond for which the department pays premiums; and
(iii) an expenditure incurred in establishing, operating, or maintaining a state store or package agency.
(d) The department shall transfer annually from the Liquor Control Fund to the General Fund a sum equal to the amount of net profit earned from the sale of liquor since the preceding transfer of money under this Subsection (2)(d). The transfer shall be made by no later than September 30 after a fiscal year.
(3) (a) By the end of each day, the department shall:
(i) make a deposit to a qualified depository, as defined in Section 51-7-3; and
(ii) report the deposit to the state treasurer.
(b) A commissioner or department employee is not personally liable for a loss caused by the default or failure of a qualified depository.
(c) Money deposited in a qualified depository is entitled to the same priority of payment as other public funds of the state.
(4) If the cash balance of the Liquor Control Fund is not adequate to cover a warrant drawn against the Liquor Control Fund by the state treasurer, the cash resources of the General Fund may be used to the extent necessary. At no time may the fund equity of the Liquor Control Fund fall below zero.

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