32B-2-202 (Effective 07/01/11) - Powers and duties of the commission.
32B-2-202 (Effective 07/01/11). Powers and duties of the commission.
(1) The commission shall:
(a) act as a general policymaking body on the subject of alcoholic product control;
(b) adopt and issue policies, rules, and procedures;
(c) set policy by written rules that establish criteria and procedures for:
(i) issuing, denying, not renewing, suspending, or revoking a package agency, license,permit, or certificate of approval; and
(ii) determining the location of a state store, package agency, or retail licensee;
(d) decide within the limits, and under the conditions imposed by this title, the numberand location of state stores, package agencies, and retail licensees in the state;
(e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing,consumption, manufacture, and distribution of an alcoholic product:
(i) a package agency;
(ii) a full-service restaurant license;
(iii) a limited-service restaurant license;
(iv) a club license;
(v) an airport lounge license;
(vi) an on-premise banquet license;
(vii) a resort license, under which four or more sublicenses may be included;
(viii) an on-premise beer retailer license;
(ix) a single event permit;
(x) a temporary beer event permit;
(xi) a special use permit;
(xii) a manufacturing license;
(xiii) a liquor warehousing license;
(xiv) a beer wholesaling license; and
(xv) an out-of-state brewer certificate of approval;
(f) in accordance with Section 32B-5-205, issue, deny, suspend, or revoke one of thefollowing conditional licenses for the purchase, storage, sale, furnishing, consumption,manufacture, and distribution of an alcoholic product:
(i) a conditional full-service restaurant license; or
(ii) a conditional limited-service restaurant license;
(g) prescribe the duties of the department in assisting the commission in issuing apackage agency, license, permit, or certificate of approval under this title;
(h) to the extent a fee is not specified in this title, establish a fee allowed under this titlein accordance with Section 63J-1-504;
(i) fix prices at which liquor is sold that are the same at all state stores, package agencies,and retail licensees;
(j) issue and distribute price lists showing the price to be paid by a purchaser for eachclass, variety, or brand of liquor kept for sale by the department;
(k) (i) require the director to follow sound management principles; and
(ii) require periodic reporting from the director to ensure that:
(A) sound management principles are being followed; and
(B) policies established by the commission are being observed;
(l) (i) receive, consider, and act in a timely manner upon the reports, recommendations,and matters submitted by the director to the commission; and
(ii) do the things necessary to support the department in properly performing thedepartment's duties;
(m) obtain temporarily and for special purposes the services of an expert or personengaged in the practice of a profession, or a person who possesses a needed skill if:
(i) considered expedient; and
(ii) approved by the governor;
(n) prescribe the conduct, management, and equipment of premises upon which analcoholic product may be stored, sold, offered for sale, furnished, or consumed;
(o) make rules governing the credit terms of beer sales within the state to retail licensees;and
(p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, takedisciplinary action against a person subject to administrative action.
(2) The power of the commission to do the following is plenary, except as otherwiseprovided by this title, and not subject to review:
(a) establish a state store;
(b) issue authority to act as a package agent or operate a package agency; and
(c) issue or deny a license, permit, or certificate of approval.
(3) If the commission is authorized or required to make a rule under this title, thecommission shall make the rule in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
Enacted by Chapter 276, 2010 General Session