Utah Code 32B-2-602. Application and renewal requirements for a package agency
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(1) Before a person may store, sell, offer for sale, or furnish liquor in a sealed container on its premises under a package agency, the person shall first obtain a package agency issued by the commission in accordance with this part.
Terms Used In Utah Code 32B-2-602
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Community location: means :(23)(a) a public or private school as defined in Subsection
32B-1-102 (115);(23)(b) a church;(23)(c) a public library;(23)(d) a public playground; or(23)(e) a public park. See Utah Code 32B-1-102- Container: means a receptacle that contains an alcoholic product, including:
(25)(a) a bottle;(25)(b) a vessel; or(25)(c) a similar item. See Utah Code 32B-1-102- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102- Liquor: includes :
(66)(a)(ii)(A) heavy beer;(66)(a)(ii)(B) wine; and(66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102- Local authority: means :
(70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;(70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or(70)(c) for premises that are located in a project area as defined in Section63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(2) To obtain a package agency, a person seeking to be the package agent under this part shall submit to the department:(2)(a) a written application in a form prescribed by the department;(2)(b) a nonrefundable application fee of $125;(2)(c) written consent of the local authority;(2)(d) evidence of proximity to any community location, with proximity requirements being governed by Section 32B-1-202;(2)(e) a bond as specified by Section 32B-2-604;(2)(f) a floor plan of the premises, including a description and highlighting of that part of the premises in which the person proposes that the package agency be located;(2)(g) evidence that the package agency is carrying public liability insurance in an amount and form satisfactory to the department;(2)(h) a signed consent form stating that the package agent permits any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the premises of the package agency;(2)(i) if the person applying is an entity, verification that a person who signs the package agency application is authorized to sign on behalf of the entity; and(2)(j) any other information the commission or department may require.(3) The commission may not issue a package agency to a person who is disqualified under Section 32B-1-304.(4) The commission may not issue a package agency for premises that do not meet the proximity requirements of Section 32B-1-202.(5) For the renewal of a package agency agreement, the package agent shall submit to the department any information the commission or department may require. - Container: means a receptacle that contains an alcoholic product, including: