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2018 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 2 - Alcoholic Beverage Control Administration Act
Part 3 - Fiscal Matters
Section 301 - State property -- Liquor Control Fund -- Money to be retained by department -- Department building process.
Universal Citation: UT Code § 32B-2-301 (2018)
Effective 7/1/2018
32B-2-301. State property -- Liquor Control Fund -- Money to be retained by department -- Department building process.
Amended by Chapter 329, 2018 General Session
32B-2-301. State property -- Liquor Control Fund -- Money to be retained by department -- Department building process.
- (1) The following are property of the state:
- (a) the money received 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-2-304, the department shall deposit the following into the Liquor Control Fund:
- (i) money received in the administration of this title; and
- (ii) money received from the markup described in Section 32B-2-304.
- (c) The department may draw from the Liquor Control Fund only to the extent appropriated by the Legislature or provided by statute.
- (d) The net position of the Liquor Control Fund may not fall below zero.
- (3)
- (a) Notwithstanding Subsection (2)(c), the department may draw by warrant from the Liquor Control Fund without an appropriation for an expenditure that is directly incurred by the department:
- (i) to purchase an alcoholic product;
- (ii) to transport an alcoholic product from the supplier to a warehouse of the department; or
- (iii) for variances related to an alcoholic product, including breakage or theft.
- (b) If the balance of the Liquor Control Fund is not adequate to cover a warrant that the department draws against the Liquor Control Fund, to the extent necessary to cover the warrant, the cash resources of the General Fund may be used.
- (a) Notwithstanding Subsection (2)(c), the department may draw by warrant from the Liquor Control Fund without an appropriation for an expenditure that is directly incurred by the department:
- (4)
- (a) As used in this Subsection (4), "base budget" means the same as that term is defined in legislative rule.
- (b) The department's base budget shall include as an appropriation from the Liquor Control Fund:
- (i) credit card related fees paid by the department;
- (ii) package agency compensation; and
- (iii) the department's costs of shipping and warehousing alcoholic products.
- (5)
- (a) The Division of Finance 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 (5).
- (b) After each fiscal year, the Division of Finance shall calculate the amount for the transfer on or before September 1 and the Division of Finance shall make the transfer on or before September 30.
- (c) The Division of Finance may make year-end closing entries in the Liquor Control Fund to comply with Subsection 51-5-6(2).
- (6)
- (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.
- (a) By the end of each day, the department shall:
- (7) Before the Division of Finance makes the transfer described in Subsection (5), the department may retain each fiscal year from the Liquor Control Fund $1,000,000 that the department may use for:
- (a) capital equipment purchases;
- (b) salary increases for department employees;
- (c) performance awards for department employees; or
- (d) information technology enhancements because of changes or trends in technology.
Amended by Chapter 329, 2018 General Session
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