(1) The division shall establish and administer a consumer purchasing system that:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 32B-2-802

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Consumer purchasing system: means the consumer purchasing system established in Section 32B-2-802. See Utah Code 32B-2-801
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Division: means the Division of Consumer Purchasing created in Section 32B-2-212. See Utah Code 32B-2-801
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • 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
  • 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
  • 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
  • State store: means a facility for the sale of packaged liquor:
              (131)(a)(i) located on premises owned or leased by the state; and
              (131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
     (1)(a) allows a person to:

          (1)(a)(i) order an alcoholic product from an approved vendor through the division; and
          (1)(a)(ii) pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a state store or package agency; and
     (1)(b) requires a person ordering an alcoholic product as described in Subsection (1)(a) to, at the time the order is made:

          (1)(b)(i) designate a state store or package agency at which the person would prefer to collect the alcoholic product; and
          (1)(b)(ii) pay the division for the alcoholic product order in full, including:

               (1)(b)(ii)(A) the cost of the alcoholic product; and
               (1)(b)(ii)(B) in addition to any tax, the markup described in Section 32B-2-304.
(2) The division shall:

     (2)(a) ensure that an alcoholic product ordered through the consumer purchasing system is shipped or transported to a department warehouse;
     (2)(b) deliver an alcoholic product ordered through the consumer purchasing system to the appropriate state store or package agency;
     (2)(c) notify the person who ordered an alcoholic product through the consumer purchasing system when the alcoholic product is ready for the person to collect; and
     (2)(d) administer the consumer purchasing system in a manner that:

          (2)(d)(i) is efficient;
          (2)(d)(ii) ensures timely delivery of alcoholic products; and
          (2)(d)(iii) frequently updates a person who orders an alcoholic product through the consumer purchasing system on the status of the order.
(3) The division may not require that a person order a specific quantity of an alcoholic product that is:

     (3)(a) different than a quantity the vendor offers for sale; or
     (3)(b) larger than the smallest quantity the vendor offers for sale.