1     
WINE SERVICES AND AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions in the Alcoholic Beverage Control Act
10     regarding wine and a state wine order and delivery service.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Department of Alcoholic Beverage Control to establish a wine order
15     and delivery service;
16          ▸     outlines requirements for the wine order and delivery service;
17          ▸     grants rulemaking authority to administer the wine order and delivery service;
18          ▸     removes the requirement that a person moving the person's residence into the state
19     obtain department approval before bringing liquor for personal consumption into
20     the state;
21          ▸     removes the requirement that a person who inherits liquor that is located outside the
22     state obtain department approval before bringing the liquor into the state; and
23          ▸     raises the amount of wine purchased from without the United States that a person
24     who clears customs may bring into the state.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          32B-4-414, as enacted by Laws of Utah 2010, Chapter 276
32     ENACTS:
33          32B-2-701, Utah Code Annotated 1953
34          32B-2-702, Utah Code Annotated 1953
35          32B-2-703, Utah Code Annotated 1953
36          32B-2-704, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 32B-2-701 is enacted to read:
40          32B-2-701. Definitions.
41          As used in this part,"valid address" means an address that:
42          (1) is in the state;
43          (2) is not associated with licensed premises; and
44          (3) is not a community location.
45          Section 2. Section 32B-2-702 is enacted to read:
46          32B-2-702. Department wine order and delivery service.
47          (1) The commission shall establish a wine order and delivery service as described in
48     this part.
49          (2) The department's wine order and delivery service shall allow a person to:
50          (a) order wine through the department; and
51          (b) (i) pick up wine ordered through the department from:
52          (A) a state store; or
53          (B) a package agency; or
54          (ii) have the department deliver wine ordered through the department to a valid
55     address.
56          (3) The department shall require an individual placing a wine order to:
57          (a) (i) enter the individual's state-issued identification number through an electronic
58     platform; or
59          (ii) show proof of age to department staff taking the order in person; and
60          (b) pay for the wine order in full, including:
61          (i) the cost of the wine; and
62          (ii) if applicable, the cost of delivering the wine to the valid address.
63          (4) (a) The department may not deliver wine to a valid address unless the wine is first
64     delivered to:
65          (i) a state store; or
66          (ii) a package agency.
67          (b) After a wine order is delivered to a state store or package agency in accordance
68     with this Subsection (4), the department shall:
69          (i) notify the individual who ordered the wine that the wine is available for pickup
70     from the state store or package agency; or
71          (ii) deliver the wine to the valid address provided in the wine order, in accordance with
72     Section 32B-2-703.
73          Section 3. Section 32B-2-703 is enacted to read:
74          32B-2-703. Delivery of wine to a valid address.
75          (1) An individual transporting wine ordered through the wine order and delivery
76     service to a valid address may not:
77          (a) open or allow to be opened a container containing the wine; or
78          (b) consume, use, or allow to be consumed or used, the wine.
79          (2) Before furnishing wine ordered through the wine order and delivery service to an
80     individual at a valid address, the department shall require the signature of an individual who is
81     at least 21 years of age.
82          (3) The department may not furnish wine ordered through the wine order and delivery
83     service to:
84          (a) a minor;
85          (b) an individual actually, apparently, or obviously intoxicated;
86          (c) a known interdicted individual; or
87          (d) a known habitual drunkard.
88          Section 4. Section 32B-2-704 is enacted to read:
89          32B-2-704. Rulemaking.
90          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91     commission may make rules to administer this part.
92          Section 5. Section 32B-4-414 is amended to read:
93          32B-4-414. Unlawful possession -- Exceptions.
94          [(1)] A person may not possess liquor within this state unless authorized by this title or
95     the rules of the commission, except that:
96          [(a)] (1) a person who clears United States Customs when entering this country may
97     possess for personal consumption and not for sale or resale, a maximum of [two] nine liters of
98     liquor purchased from without the United States;
99          [(b)] (2) a person who moves the person's residence to this state from outside of this
100     state may possess for personal consumption and not for sale or resale, liquor previously
101     purchased outside the state and brought into this state during the move, if the person[: (i)
102     obtains department approval before moving the liquor into the state; and (ii)] pays the
103     department a reasonable administrative handling fee as determined by the commission;
104          [(c)] (3) a person who inherits liquor as a beneficiary of an estate that is located outside
105     the state, may possess the liquor and transport or cause the liquor to be transported into the
106     state if the person[: (i) obtains department approval before moving the liquor into the state;]:
107          [(ii)] (a) provides sufficient documentation to the department to establish the person's
108     legal right to the liquor as a beneficiary; and
109          [(iii)] (b) pays the department a reasonable administrative handling fee as determined
110     by the commission; or
111          [(d)] (4) a person may transport or possess liquor if:
112          [(i)] (a) the person transports or possesses the liquor:
113          [(A)] (i) for personal household use and consumption; and
114          [(B)] (ii) not for:
115          [(I)] (A) sale;
116          [(II)] (B) resale;
117          [(III)] (C) gifting to another; or
118          [(IV)] (D) consumption on premises licensed by the commission;
119          [(ii)] (b) the liquor is purchased from a store or facility on a military installation; and
120          [(iii)] (c) the maximum amount the person transports or possesses under this
121     Subsection [(1)(d)] (4) is:
122          [(A)] (i) two liters of:
123          [(I)] (A) spirituous liquor;
124          [(II)] (B) wine; or
125          [(III)] (C) a combination of spirituous liquor and wine; and
126          [(B) (I)] (ii) (A) one case of heavy beer that does not exceed 288 ounces; or
127          [(II)] (B) one case of a flavored malt beverage that does not exceed 288 ounces.
128          [(2) (a) Approval under Subsection (1)(b) may be obtained by a person who:]
129          [(i) is transferring the person's permanent residence to this state; or]
130          [(ii) maintains separate residences both in and out of this state.]
131          [(b) A person may not obtain approval to transfer liquor under Subsection (1)(b) more
132     than one time.]