32B-17 - Liquor Transport License Act
Title 32B > 32B-17
Sections (11)
General Provisions
32B-17-101 - Title.
This chapter is known as the “Liquor Transport License Act.”
32B-17-102 - Definitions.
As used in this chapter: 32B-17-102(1) “Airport licensee” means a person who holds a valid:
retail license for premises located at an international airport or domestic airport; or special use permit for premises located at an international airport or domestic airport. 32B-17-102(2) “Central receiving and distribution center” means a facility that:
operates at an international airport or domestic airport; receives goods and supplies delivered to the international airport or domestic airport for an airport licensee; screens the goods and supplies described in Subsection (2)(b) for security purposes; and distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered.
Liquor Transport License Process
32B-17-201 - Commission’s power to issue liquor transport license.
32B-17-201(1) A person who is not a retail licensee shall obtain a liquor transport license issued by the commission in accordance with this chapter before the person may: pickup liquor on behalf of a retail licensee and deliver the liquor to a retail licensee or a central receiving and distribution center; or if the person is a central receiving and distribution center:
pickup liquor on behalf of an airport licensee and deliver the liquor to the central receiving and distribution center’s premises; or receive, screen, store, or deliver alcoholic product as part of the central receiving and distribution center’s operations. A violation of Subsection (1)(a) is a class A misdemeanor. 32B-17-201(2) The commission may issue a liquor transport license for:
the pickup of liquor on behalf of a retail licensee and the delivery of the liquor to the retail licensee or a central receiving and distribution center; or the receipt, screening, storage, and distribution of alcoholic product by a central receiving and distribution center. 32B-17-201(3) In accordance with this chapter, a liquor transport license entitles the holder to:
pickup liquor from a package agency or state store on behalf of a retail licensee using the retail licensee’s funds; and transport and deliver the liquor directly to:
the retail licensee; or if the retail licensee is an airport licensee, a central receiving and distribution center; or if the holder is a central receiving and distribution center: pickup liquor from a package agency or state store on behalf of an airport licensee using the airport licensee’s funds; and transport the liquor directly to the central receiving and distribution center’s premises for screening, storage, and delivery to the airport licensee; receive at the central receiving and distribution center’s premises:
liquor purchased by or on behalf of an airport licensee and delivered to the central receiving and distribution center by the airport licensee or a liquor transport licensee; or beer delivered to the central receiving and distribution center for an airport licensee by a beer wholesaler licensee or a small brewer; screen and store alcoholic product picked up or received by the central receiving and distribution center; and transport and deliver the alcoholic product to the airport licensee. 32B-17-201(4) Nothing in this chapter prohibits a retail licensee from picking up liquor purchased by the retail licensee and transporting the liquor to the retail licensee’s licensed premises in accordance with the other provisions of this title.
32B-17-202 - Application requirements for liquor transport license.
To obtain a liquor transport license, a person shall submit to the department: 32B-17-202(1) a written application in a form prescribed by the department; 32B-17-202(2) a nonrefundable 2,300 that is refundable if the commission does not issue a liquor transport license; 32B-17-202(4) a copy of the person’s current business license; 32B-17-202(5) a bond as specified in Section 32B-17-206; 32B-17-202(6) evidence that the person carries liability insurance in an amount and form satisfactory to the department; 32B-17-202(7) if the person is a central receiving and distribution center:
a floor plan of each premises where the central receiving and distribution center proposes to receive, screen, store, or deliver alcoholic product; a statement of the number of airport licensees for which the central receiving and distribution center proposes to provide services under the liquor transport license; and a signed consent form stating that the central receiving and distribution center will permit any authorized representative of the commission or the department or a law enforcement officer to have unrestricted right to enter the central receiving and distribution center’s premises, in compliance with applicable federal security procedures; and 32B-17-202(8) any other information the commission or department requires.
32B-17-203 - Renewal requirements for liquor transport license.
32B-17-203(1) A liquor transport license expires on May 31 of each year. 32B-17-203(2) To renew a liquor transport license, a person shall submit to the department by no later then April 30 of the year in which the license expires:
a completed renewal application in a form prescribed by the department; a copy of the person’s current business license; a bond as specified in Section 32B-17-206; evidence that the person carries liability insurance in an amount and form satisfactory to the department; if the person is not a central receiving and distribution center, a report that includes the following information for the period since the liquor transport licensee obtained or renewed a liquor transport license: the number of deliveries the liquor transport licensee made to each type of retail licensee; and each state store and each package agency from which the liquor transport licensee picked up liquor as a liquor transport licensee; if the person is a central receiving and distribution center, a report that includes the following information for the period since the liquor transport licensee obtained or renewed a liquor transport license: the number of times the liquor transport licensee picked up liquor on behalf of an airport licensee; and each state store and each package agency from which the liquor transport licensee picked up liquor on behalf of an airport licensee; any other information the commission or department requires; and a $1,200 renewal fee. 32B-17-203(3) Failure to meet the renewal requirements described in this section results in an automatic forfeiture of the liquor transport license effective on the date the existing liquor transport license expires.
32B-17-204 - Qualifications for liquor transport license.
32B-17-204(1) The commission may not issue a liquor transport license to a person who is disqualified under Section 32B-1-304. 32B-17-204(2) If a person to whom a liquor transport license is issued under this chapter no longer possesses the qualifications required by this title for obtaining the liquor transport license, the commission may suspend or revoke the person’s liquor transport license.
32B-17-205 - Commission and department duties before issuing liquor transport license.
32B-17-205(1) Before the commission may issue a liquor transport license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a liquor transport license should be issued. The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission’s determination. 32B-17-205(2) Before issuing a liquor transport license, the commission shall:
determine that the person filed a complete application that complies with Sections 32B-17-202 and 32B-17-204; determine that the person is not disqualified under Section 32B-1-304; consider the person’s ability to manage and operate a liquor transport operation, including: management experience; past related experience; and the means the person intends to use to deliver liquor to retail licensees; and consider any other factor that the commission considers necessary.
32B-17-206 - Bond for liquor transport license.
32B-17-206(1) A liquor transport licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department. A liquor transport licensee shall procure and maintain a bond in accordance with this section for as long as the liquor transport licensee operates as a liquor transport licensee. 32B-17-206(2) A bond posted under this section shall be:
in a form approved by the attorney general; and conditioned upon a liquor transport licensee’s faithful compliance with this title and the rules of the commission. 32B-17-206(3) If a surety bond posted by a liquor transport licensee under this section is canceled due to the liquor transport licensee’s negligence, the department may assess a $300 reinstatement fee. 32B-17-206(4) No part of a bond posted under this section may be withdrawn during the period the liquor transport license is in effect. 32B-17-206(5) A bond posted under this section may be forfeited if the liquor transport license is revoked. Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a liquor transport licensee for money owed the department under this title without the commission first revoking the liquor transport license.
Operational Requirements for Liquor Transport License
32B-17-301 - General operational requirements for liquor transport license.
32B-17-301(1) A liquor transport licensee and staff of the liquor transport licensee shall comply with this title and the rules of the commission. Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: a liquor transport licensee; individual staff of a liquor transport licensee; or both a liquor transport licensee and staff of the liquor transport licensee. 32B-17-301(2) A liquor transport licensee may not employ a minor to handle an alcoholic product. 32B-17-301(3) A liquor transport licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the liquor transport license to a person, regardless of whether done for monetary gain. 32B-17-301(4) A liquor transport licensee may not deliver alcoholic product to a person within the state except to: a retail licensee; a central receiving and distribution center; or if the liquor transport licensee is a central receiving and distribution center, an airport licensee. A violation of this Subsection (4) is a class A misdemeanor. 32B-17-301(5) Alcoholic product in the possession or control of a liquor transport licensee is the property of the retail licensee or airport licensee whose funds were used to purchase the alcoholic product. 32B-17-301(6) The commission may prescribe by rule, consistent with this title, the general operational requirements of a liquor transport licensee.
32B-17-301.5 - Additional operational requirements for liquor transport license held by a central receiving and distribution center.
32B-17-301.5(1) A liquor transport licensee that is a central receiving and distribution center shall establish a secure process for:
receiving alcoholic product from airport licensees, liquor transport licensees, beer wholesaler licensees, and small brewers at the central receiving and distribution center’s premises; screening and storing alcoholic product the central receiving and distribution center receives or brings to the premises; and delivering alcoholic product to the airport licensee that owns the alcoholic product. 32B-17-301.5(2) As part of the secure process described in Subsection (1), the central receiving and distribution center shall:
clearly identify and keep separate each airport licensee’s alcoholic product; maintain alcoholic product in a locked storage area or container at all times except during: a security screening of the alcoholic product; or transportation of the alcoholic product; notify the receiving airport licensee when screening is complete and alcoholic product is ready for delivery; and deliver the alcoholic product to the receiving airport licensee. 32B-17-301.5(3) The commission may prescribe by rule, consistent with this title, the operational requirements of a liquor transport licensee that is a central receiving and distribution center.
32B-17-302 - Notifying the department of change of ownership.
The commission may suspend or revoke a liquor transport license if a liquor transport licensee does not immediately notify the department of a change in: 32B-17-302(1) ownership of the liquor transport service; 32B-17-302(2) for a corporate owner:
the corporate officers or directors; or shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or 32B-17-302(3) for a limited liability company:
the managers; or the members owing at least 20% of the limited liability company.