Utah Code 32B-2-604. Bond related to package agency
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Terms Used In Utah Code 32B-2-604
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . 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 - 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
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) A package agent who has a consignment liquor inventory owned by the state shall post a:(1)(a)(i) consignment surety bond:(1)(a)(i)(A) payable to the department; and(1)(a)(i)(B) in the amount of the consignment inventory; and(1)(a)(ii) cash or surety bond:(1)(a)(ii)(A) payable to the department; and(1)(a)(ii)(B) in the penal amount of at least $1,000, as the department determines.(1)(b) A package agent who has a consignment liquor inventory shall ensure that a consignment surety bond is conditioned upon a package agent’s return of the unsold consignment liquor inventory at the termination of a package agency agreement.(2) A package agent that owns the package agency’s liquor inventory shall post a cash bond or surety bond:(2)(a) in the penal amount of at least $1,000, as the department determines; and(2)(b) payable to the department.(3) A package agent shall procure and maintain the bond required under this section for as long as the package agent continues to operate as a package agent.(4) A bond required under this section shall be:(4)(a) in a form approved by the attorney general; and(4)(b) conditioned upon the package agent’s faithful compliance with this title, the rules of the commission, and the package agency agreement.(5)(5)(a) If a surety bond posted by a package agency under this section is canceled due to the package agent’s or package agency’s negligence, the department may assess a $300 reinstatement fee.(5)(b) No part of a bond posted by a package agent under this section may be withdrawn:(5)(b)(i) during the period the package agency is in effect; or(5)(b)(ii) while a revocation of the package agency is pending against the package agent.(6)(6)(a) A bond posted under this section by a package agent may be forfeited if the package agency is revoked.(6)(b) Notwithstanding Subsection (6)(a), the department may make a claim against a bond posted by a package agent for money owed the department under this title without the commission first revoking the package agency. - Package agency: means a retail liquor location operated: