1     
WINE SUBSCRIPTION PROGRAM

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gene Davis

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes a wine subscription program under the Alcoholic Beverage Control
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Department of Alcoholic Beverage Control to establish a wine
15     subscription program;
16          ▸     establishes parameters and requirements of the wine subscription program;
17          ▸     requires a wine subscription business to register with the department in order to ship
18     or transport wine to a customer in the state;
19          ▸     establishes requirements for a registered wine subscription business;
20          ▸     grants the Alcoholic Beverage Control Commission rulemaking authority; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          32B-1-104, as last amended by Laws of Utah 2017, Chapter 455
29          32B-2-202, as last amended by Laws of Utah 2019, Chapter 403
30          32B-2-209, as last amended by Laws of Utah 2012, Chapter 365
31          32B-2-503, as last amended by Laws of Utah 2011, Chapters 307 and 334
32          32B-2-601, as last amended by Laws of Utah 2011, Chapter 307
33          32B-2-605, as last amended by Laws of Utah 2019, Chapter 403
34          32B-4-401, as last amended by Laws of Utah 2016, Chapter 266
35          32B-4-420, as last amended by Laws of Utah 2011, Chapters 307 and 334
36     ENACTS:
37          32B-2-701, Utah Code Annotated 1953
38          32B-2-702, Utah Code Annotated 1953
39          32B-2-703, Utah Code Annotated 1953
40          32B-2-704, Utah Code Annotated 1953
41          32B-2-705, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 32B-1-104 is amended to read:
45          32B-1-104. Exercise of police powers -- Severability.
46          (1) (a) This title is an exercise of the police powers of the state for the protection of the
47     public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale,
48     furnishing, consumption, manufacture, and distribution of an alcoholic product.
49          (b) This title governs alcoholic product control unless otherwise provided in this title.
50          (2) (a) A licensee, [or] permittee, or registrant has the rights and privileges described in
51     this title that are applicable to the licensee's [or], permittee's, or registrant's license [or], permit,
52     or registration.
53          (b) A licensee [or], permittee, or registrant may engage in an activity related to the
54     storage, sale, offer for sale, furnishing, consumption, manufacture, or distribution of an
55     alcoholic product only if the activity is expressly permitted under this title or a rule authorized
56     under this title and made by the commission.
57          (3) The department and the commission:
58          (a) shall implement and enforce the provisions of this title in accordance with the

59     express language of the provisions of this title and in a manner consistent with the policy
60     described in Section 32B-1-103; and
61          (b) may not waive any provision of this title.
62          (4) If a provision of this title or the application of a provision to a person or
63     circumstance is held invalid, the remainder of this title shall be given effect without the invalid
64     provision or application. The provisions of this title are severable.
65          Section 2. Section 32B-2-202 is amended to read:
66          32B-2-202. Powers and duties of the commission.
67          (1) The commission shall:
68          (a) consistent with the policy established by the Legislature by statute, act as a general
69     policymaking body on the subject of alcoholic product control;
70          (b) adopt and issue policies, rules, and procedures;
71          (c) set policy by written rules that establish criteria and procedures for:
72          (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
73     permit, [or] certificate of approval, or registration; and
74          (ii) determining the location of a state store, package agency, or retail licensee;
75          (d) decide within the limits, and under the conditions imposed by this title, the number
76     and location of state stores, package agencies, and retail licensees in the state;
77          (e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,
78     permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing,
79     consumption, manufacture, and distribution of an alcoholic product:
80          (i) a package agency;
81          (ii) a full-service restaurant license;
82          (iii) a master full-service restaurant license;
83          (iv) a limited-service restaurant license;
84          (v) a master limited-service restaurant license;
85          (vi) a bar establishment license;
86          (vii) an airport lounge license;
87          (viii) an on-premise banquet license;
88          (ix) a resort license, under which at least four or more sublicenses may be included;
89          (x) an on-premise beer retailer license;

90          (xi) a reception center license;
91          (xii) a beer-only restaurant license;
92          (xiii) a hotel license, under which at least three or more sublicenses may be included;
93          (xiv) subject to Subsection (4), a single event permit;
94          (xv) subject to Subsection (4), a temporary beer event permit;
95          (xvi) a special use permit;
96          (xvii) a manufacturing license;
97          (xviii) a liquor warehousing license;
98          (xix) a beer wholesaling license;
99          (xx) a liquor transport license;
100          (xxi) an off-premise beer retailer state license;
101          (xxii) a master off-premise beer retailer state license; and
102          (xxiii) one of the following that holds a certificate of approval:
103          (A) an out-of-state brewer;
104          (B) an out-of-state importer of beer, heavy beer, or flavored malt beverages; and
105          (C) an out-of-state supplier of beer, heavy beer, or flavored malt beverages;
106          (f) issue, deny, suspend, or revoke the following conditional licenses:
107          (i) a conditional retail license as defined in Section 32B-5-205; and
108          (ii) a conditional off-premise beer retailer state license as defined in Section
109     32B-7-406;
110          (g) issue, deny, suspend, revoke, or not renew the registration of a wine subscription
111     business as defined in Section 32B-2-701;
112          [(g)] (h) prescribe the duties of the department in assisting the commission in issuing a
113     package agency, license, permit, or certificate of approval under this title;
114          [(h)] (i) to the extent a fee is not specified in this title, establish a fee allowed under
115     this title in accordance with Section 63J-1-504;
116          [(i)] (j) fix prices at which liquor is sold that are the same at all state stores, package
117     agencies, and retail licensees;
118          [(j)] (k) issue and distribute price lists showing the price to be paid by a purchaser for
119     each class, variety, or brand of liquor kept for sale by the department;
120          [(k)] (l) (i) require the director to follow sound management principles; and

121          (ii) require periodic reporting from the director to ensure that:
122          (A) sound management principles are being followed; and
123          (B) policies established by the commission are being observed;
124          [(l)] (m) (i) receive, consider, and act in a timely manner upon the reports,
125     recommendations, and matters submitted by the director to the commission; and
126          (ii) do the things necessary to support the department in properly performing the
127     department's duties;
128          [(m)] (n) obtain temporarily and for special purposes the services of an expert or
129     person engaged in the practice of a profession, or a person who possesses a needed skill if:
130          (i) considered expedient; and
131          (ii) approved by the governor;
132          [(n)] (o) prescribe by rule the conduct, management, and equipment of premises upon
133     which an alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
134          [(o)] (p) make rules governing the credit terms of beer sales within the state to retail
135     licensees; and
136          [(p)] (q) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
137     disciplinary action against a person subject to administrative action.
138          (2) Consistent with the policy established by the Legislature by statute, the power of
139     the commission to do the following is plenary, except as otherwise provided by this title, and
140     not subject to review:
141          (a) establish a state store;
142          (b) issue authority to act as a package agent or operate a package agency; and
143          (c) issue or deny a license, permit, or certificate of approval.
144          (3) If the commission is authorized or required to make a rule under this title, the
145     commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
146     Rulemaking Act.
147          (4) Notwithstanding Subsections (1)(e)(xiv) and (xv), the director or deputy director
148     may issue an event permit in accordance with Chapter 9, Event Permit Act.
149          Section 3. Section 32B-2-209 is amended to read:
150          32B-2-209. Prohibited interests, relationships, and actions.
151          (1) As used in this section:

152          (a) "Applicable department employee" means a department employee who is:
153          (i) designated as a deputy or assistant director;
154          (ii) a chief administrative officer of a division within the department;
155          (iii) a department compliance officer; or
156          (iv) an employee directly performing purchasing, licensing, or compliance functions of
157     the department.
158          (b) "Immediate family" means an individual's:
159          (i) spouse; or
160          (ii) child who is younger than 18 years of age.
161          (c) "Permit" does not include:
162          (i) an industrial or manufacturing use permit;
163          (ii) a scientific or educational use permit; or
164          (iii) a religious wine use permit.
165          (2) In addition to being subject to Title 67, Chapter 16, Utah Public Officers' and
166     Employees' Ethics Act, an individual who is a commissioner, the director, or an applicable
167     department employee may not:
168          (a) have a pecuniary interest, whether as the holder of stock or other securities other
169     than a mutual fund, in a person who applies for or holds a package agency, license, [or] permit,
170     or registration under this title;
171          (b) otherwise have a conflict of interest with a person who applies for or holds a
172     package agency, license, [or] permit, or registration under this title;
173          (c) have an office, position, or relationship, or be engaged in a business or avocation
174     that interferes or is incompatible with the effective and objective fulfillment of the duties of
175     office or employment;
176          (d) have a direct business relationship with a person subject to administrative action
177     under this title;
178          (e) accept a gift, gratuity, emolument, or employment from:
179          (i) a person who applies for or holds a package agency, license, [or] permit, or
180     registration under this title; or
181          (ii) an officer, agent, or employee of a person who applies for or holds a package
182     agency, license, [or] permit, or registration under this title, except that a commissioner, the

183     director, or an applicable department employee may accept a gift from an officer, agent, or
184     employee if the gift is equal to or less than $50; or
185          (f) solicit, suggest, request, or recommend, directly or indirectly, the appointment of
186     any person to any office or employment with a person who applies for or holds a package
187     agency, license, [or] permit, or registration under this title.
188          (3) An immediate family member of a commissioner, the director, or an applicable
189     department employee may not:
190          (a) have a pecuniary interest, whether as the holder of stock or other securities other
191     than a mutual fund, in a person who applies for or holds a package agency, license, [or] permit,
192     or registration under this title;
193          (b) otherwise have a conflict of interest with a person who applies for or holds a
194     package agency, license, [or] permit, or registration under this title;
195          (c) have an office, position, or relationship, or be engaged in a business or avocation
196     that interferes or is incompatible with the effective and objective fulfillment of the duties of
197     office or employment of the commissioner, director, or applicable department employee for
198     whom the person is immediate family;
199          (d) accept a gift, gratuity, emolument, or employment from:
200          (i) a person who applies for or holds a package agency, license, [or] permit, or
201     registration under this title; or
202          (ii) an officer, agent, or employee of a person who applies for or holds a package
203     agency, license, [or] permit, or registration under this title, except that an immediate family
204     member may accept a gift from an officer, agent, or employee if the gift is equal to or less than
205     $50; or
206          (e) solicit, suggest, request, or recommend, directly or indirectly, the appointment of
207     any person to any office or employment with a person who applies for or holds a package
208     agency, license, [or] permit, or registration under this title.
209          (4) An officer, agent, attorney, or employee of a person who applies for or holds a
210     package agency, license, [or] permit, or registration under this title may not directly or
211     indirectly solicit, request, or recommend to the governor, any state senator, the commission, or
212     the department the appointment of any person:
213          (a) as a commissioner;

214          (b) as director of the department; or
215          (c) to a department staff position.
216          (5) (a) A commissioner shall disclose during a meeting of the commission a potential
217     violation of this section, including the existence and nature of a professional, financial,
218     business, or personal interest with a person who holds, or an applicant for, a package agency,
219     license, [or] permit, or registration issued under this title that may result in a violation of this
220     section.
221          (b) After a commissioner makes a disclosure under Subsection (5)(a):
222          (i) the commission may, by motion, determine whether there is a potential violation of
223     this section;
224          (ii) if the commission determines that there is a potential violation of this section:
225          (A) the commission shall notify the governor; and
226          (B) the commissioner may not vote on any matter that would result in the potential
227     violation of this section; and
228          (iii) if the commission determines that there is not a potential violation of this section,
229     a commissioner may elect whether to vote on the issue that gives rise to the disclosure under
230     Subsection (5)(a).
231          (c) The commission shall record any declaration of a potential violation of this section
232     in the minutes of the meeting.
233          Section 4. Section 32B-2-503 is amended to read:
234          32B-2-503. Operational requirements for a state store.
235          (1) (a) A state store shall display in a prominent place in the store a sign in large letters
236     that consists of text in the following order:
237          (i) a header that reads: "WARNING";
238          (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
239     can cause birth defects and permanent brain damage for the child.";
240          (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
241     [insert most current toll-free number] with questions or for more information.";
242          (iv) a header that reads: "WARNING"; and
243          (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
244     serious crime that is prosecuted aggressively in Utah."

245          (b) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different
246     font style than the text described in Subsections (1)(a)(iv) and (v).
247          (ii) The warning statements in the sign described in Subsection (1)(a) shall be in the
248     same font size.
249          (c) The Department of Health shall work with the commission and department to
250     facilitate consistency in the format of a sign required under this section.
251          (2) [A] Except as provided in Subsection (9), a state store may not sell, offer for sale,
252     or furnish liquor except at a price fixed by the commission.
253          (3) A state store may not sell, offer for sale, or furnish liquor to:
254          (a) a minor;
255          (b) a person actually, apparently, or obviously intoxicated;
256          (c) a known interdicted person; or
257          (d) a known habitual drunkard.
258          (4) (a) A state store employee may not:
259          (i) consume an alcoholic product on the premises of a state store; or
260          (ii) allow any person to consume an alcoholic product on the premises of a state store.
261          (b) A violation of this Subsection (4) is a class B misdemeanor.
262          (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
263     store, and a state store may not be kept open for the sale of liquor:
264          (i) on Sunday; or
265          (ii) on a state or federal legal holiday.
266          (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
267     a state store may be open for the sale of liquor, only on a day and during hours that the
268     commission directs by rule or order.
269          (6) (a) A minor may not be admitted into, or be on the premises of, a state store unless
270     accompanied by a person who is:
271          (i) 21 years of age or older; and
272          (ii) the minor's parent, legal guardian, or spouse.
273          (b) A state store employee that has reason to believe that a person who is on the
274     premises of a state store is under the age of 21 and is not accompanied by a person described in
275     Subsection (6)(a) may:

276          (i) ask the suspected minor for proof of age;
277          (ii) ask the person who accompanies the suspected minor for proof of age; and
278          (iii) ask the suspected minor or the person who accompanies the suspected minor for
279     proof of parental, guardianship, or spousal relationship.
280          (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
281     person who accompanies the suspected minor into the state store if the suspected minor or
282     person fails to provide information specified in Subsection (6)(b).
283          (d) A state store employee shall require a suspected minor and the person who
284     accompanies the suspected minor into the state store to immediately leave the premises of the
285     state store if the suspected minor or person fails to provide information specified in Subsection
286     (6)(b).
287          (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
288     container.
289          (b) A person may not open a sealed container on the premises of a state store.
290          (8) [On or after October 1, 2011, a] A state store may not sell, offer for sale, or furnish
291     heavy beer in a sealed container that exceeds two liters.
292          (9) A state store may not charge any amount other than the handling fee described in
293     Subsection 32B-2-704(1) for wine shipped or transported to the state store, directly or
294     indirectly, from a registered wine subscription business as defined in Section 32B-2-701.
295          Section 5. Section 32B-2-601 is amended to read:
296          32B-2-601. Commission's power to issue package agency.
297          (1) (a) The commission may, when the commission considers proper, issue authority to
298     operate as a package agency by directing the department to enter into a package agency
299     agreement with a person to sell, offer for sale, or furnish liquor in sealed containers from
300     premises other than those owned or leased by the state.
301          (b) The commission shall authorize a person to operate a package agency by issuing a
302     record that designates the person in charge of the package agency as a "package agent."
303          (2) (a) Subject to this Subsection (2), the commission may not issue a total number of
304     package agencies that at any time exceeds the number determined by dividing the population of
305     the state by 18,000.
306          (b) (i) The commission may issue a seasonal package agency in an area the commission

307     considers proper.
308          (ii) A seasonal package agency shall be for a period of six consecutive months.
309          (iii) A seasonal package agency issued for operation during a summer time period is
310     known as a "Seasonal A" package agency. The period of operation for a Seasonal A package
311     agency shall:
312          (A) begin on May 1; and
313          (B) end on October 31.
314          (iv) A seasonal package agency issued for operation during a winter time period is
315     known as a "Seasonal B" package agency. The period of operation for a Seasonal B package
316     agency shall:
317          (A) begin on November 1; and
318          (B) end on April 30.
319          (v) In determining the number of package agencies that the commission may issue
320     under this section:
321          (A) a seasonal package agency is counted as one-half of one package agency; and
322          (B) each Seasonal A package agency shall be paired with a Seasonal B package agency.
323          (c) (i) If the location, design, and construction of a hotel may require more than one
324     package agency sales location to serve the public convenience, the commission may authorize a
325     single package agent to sell liquor at as many as three locations within the hotel under one
326     package agency if:
327          (A) the hotel has a minimum of 150 guest rooms; and
328          (B) all locations under the package agency are:
329          (I) within the same hotel; and
330          (II) on premises that are managed or operated, and owned or leased, by the package
331     agent.
332          (ii) A facility other than a hotel shall have a separate package agency for each location
333     where liquor may be sold, offered for sale, or furnished.
334          (3) (a) A package agent, under the direction of the department, is responsible for
335     implementing and enforcing this title and the rules adopted under this title to the extent this
336     title and the rules relate to the conduct of the package agency and a package agency's sale or
337     furnishing of liquor.

338          (b) (i) A package agent may not be a state employee.
339          (ii) A package agent may not be construed to be a state employee or otherwise entitled
340     to any benefit of employment from the state.
341          (c) A package agent, when selling or furnishing liquor from a package agency, is
342     considered an agent of the state only to the extent specifically expressed in the package agency
343     agreement.
344          (4) The commission may prescribe by rule one or more types of package agencies
345     issued under this part that are consistent with this title.
346          Section 6. Section 32B-2-605 is amended to read:
347          32B-2-605. Operational requirements for package agency.
348          (1) (a) A person may not operate a package agency until a package agency agreement is
349     entered into by the package agent and the department.
350          (b) A package agency agreement shall state the conditions of operation by which the
351     package agent and the department are bound.
352          (c) (i) If a package agent or staff of the package agent violates this title, rules under this
353     title, or the package agency agreement, the department may take any action against the package
354     agent that is allowed by the package agency agreement.
355          (ii) An action against a package agent is governed solely by its package agency
356     agreement and may include suspension or revocation of the package agency.
357          (iii) A package agency agreement shall provide procedures to be followed if a package
358     agent fails to pay money owed to the department including a procedure for replacing the
359     package agent or operator of the package agency.
360          (iv) A package agency agreement shall provide that the package agency is subject to
361     covert investigations for selling an alcoholic product to a minor.
362          (v) Notwithstanding that this part refers to "package agency" or "package agent," staff
363     of the package agency or package agent is subject to the same requirement or prohibition.
364          (2) (a) A package agency shall be operated by an individual who is either:
365          (i) the package agent; or
366          (ii) an individual designated by the package agent.
367          (b) An individual who is a designee under this Subsection (2) shall be:
368          (i) an employee of the package agent; and

369          (ii) responsible for the operation of the package agency.
370          (c) The conduct of the designee is attributable to the package agent.
371          (d) A package agent shall submit the name of the person operating the package agency
372     to the department for the department's approval.
373          (e) A package agent shall state the name and title of a designee on the application for a
374     package agency.
375          (f) A package agent shall:
376          (i) inform the department of a proposed change in the individual designated to operate
377     a package agency; and
378          (ii) receive prior approval from the department before implementing the change
379     described in this Subsection (2)(f).
380          (g) Failure to comply with the requirements of this Subsection (2) may result in the
381     immediate termination of a package agency agreement.
382          (3) (a) A package agent shall display in a prominent place in the package agency the
383     record issued by the commission that designates the package agency.
384          (b) A package agent that displays or stores liquor at a location visible to the public
385     shall display in a prominent place in the package agency a sign in large letters that consists of
386     text in the following order:
387          (i) a header that reads: "WARNING";
388          (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
389     can cause birth defects and permanent brain damage for the child.";
390          (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
391     [insert most current toll-free number] with questions or for more information.";
392          (iv) a header that reads: "WARNING"; and
393          (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
394     serious crime that is prosecuted aggressively in Utah."
395          (c) (i) The text described in Subsections (3)(b)(i) through (iii) shall be in a different
396     font style than the text described in Subsections (3)(b)(iv) and (v).
397          (ii) The warning statements in the sign described in Subsection (3)(b) shall be in the
398     same font size.
399          (d) The Department of Health shall work with the commission and department to

400     facilitate consistency in the format of a sign required under this section.
401          (4) A package agency may not display liquor or a price list in a window or showcase
402     that is visible to passersby.
403          (5) (a) A package agency may not purchase liquor from a person except from the
404     department.
405          (b) At the discretion of the department, liquor may be provided by the department to a
406     package agency for sale on consignment.
407          (6) A package agency may not store, sell, offer for sale, or furnish liquor in a place
408     other than as designated in the package agent's application, unless the package agent first
409     applies for and receives approval from the department for a change of location within the
410     package agency premises.
411          (7) [A] Subject to Subsection (20), a package agency may not sell, offer for sale, or
412     furnish liquor except at a price fixed by the commission.
413          (8) A package agency may not sell, offer for sale, or furnish liquor to:
414          (a) a minor;
415          (b) a person actually, apparently, or obviously intoxicated;
416          (c) a known interdicted person; or
417          (d) a known habitual drunkard.
418          (9) (a) A package agency may not employ a minor to handle liquor.
419          (b) (i) Staff of a package agency may not:
420          (A) consume an alcoholic product on the premises of a package agency; or
421          (B) allow any person to consume an alcoholic product on the premises of a package
422     agency.
423          (ii) Violation of this Subsection (9)(b) is a class B misdemeanor.
424          (10) (a) A package agency may not close or cease operation for a period longer than 72
425     hours, unless:
426          (i) the package agency notifies the department in writing at least seven days before the
427     closing; and
428          (ii) the closure or cessation of operation is first approved by the department.
429          (b) Notwithstanding Subsection (10)(a), in the case of emergency closure, a package
430     agency shall immediately notify the department by telephone.

431          (c) (i) The department may authorize a closure or cessation of operation for a period
432     not to exceed 60 days.
433          (ii) The department may extend the initial period an additional 30 days upon written
434     request of the package agency and upon a showing of good cause.
435          (iii) A closure or cessation of operation may not exceed a total of 90 days without
436     commission approval.
437          (d) The notice required by Subsection (10)(a) shall include:
438          (i) the dates of closure or cessation of operation;
439          (ii) the reason for the closure or cessation of operation; and
440          (iii) the date on which the package agency will reopen or resume operation.
441          (e) Failure of a package agency to provide notice and to obtain department
442     authorization before closure or cessation of operation results in an automatic termination of the
443     package agency agreement effective immediately.
444          (f) Failure of a package agency to reopen or resume operation by the approved date
445     results in an automatic termination of the package agency agreement effective on that date.
446          (11) A package agency may not transfer [its] the package agency's operations from one
447     location to another location without prior written approval of the commission.
448          (12) (a) A person, having been issued a package agency, may not sell, transfer, assign,
449     exchange, barter, give, or attempt in any way to dispose of the package agency to another
450     person, whether for monetary gain or not.
451          (b) A package agency has no monetary value for any type of disposition.
452          (13) (a) Subject to the other provisions of this Subsection (13):
453          (i) sale or delivery of liquor may not be made on or from the premises of a package
454     agency, and a package agency may not be kept open for the sale of liquor:
455          (A) on Sunday; or
456          (B) on a state or federal legal holiday.
457          (ii) Sale or delivery of liquor may be made on or from the premises of a package
458     agency, and a package agency may be open for the sale of liquor, only on a day and during
459     hours that the commission directs by rule or order.
460          (b) A package agency located at a manufacturing facility is not subject to Subsection
461     (13)(a) if:

462          (i) the package agency is located at a manufacturing facility licensed in accordance
463     with Chapter 11, Manufacturing and Related Licenses Act;
464          (ii) the manufacturing facility licensed in accordance with Chapter 11, Manufacturing
465     and Related Licenses Act, holds:
466          (A) a full-service restaurant license;
467          (B) a limited-service restaurant license;
468          (C) a beer-only restaurant license;
469          (D) a dining club license; or
470          (E) a bar license;
471          (iii) the restaurant, dining club, or bar is located at the manufacturing facility;
472          (iv) the restaurant, dining club, or bar sells an alcoholic product produced at the
473     manufacturing facility;
474          (v) the manufacturing facility:
475          (A) owns the restaurant, dining club, or bar; or
476          (B) operates the restaurant, dining club, or bar;
477          (vi) the package agency only sells an alcoholic product produced at the manufacturing
478     facility; and
479          (vii) the package agency's days and hours of sale are the same as the days and hours of
480     sale at the restaurant, dining club, or bar.
481          (c) (i) Subsection (13)(a) does not apply to a package agency held by the following if
482     the package agent that holds the package agency to sell liquor at a resort or hotel does not sell
483     liquor in a manner similar to a state store:
484          (A) a resort licensee; or
485          (B) a hotel licensee.
486          (ii) The commission may by rule define what constitutes a package agency that sells
487     liquor "in a manner similar to a state store."
488          (14) (a) Except to the extent authorized by commission rule, a minor may not be
489     admitted into, or be on the premises of, a package agency unless accompanied by a person who
490     is:
491          (i) 21 years of age or older; and
492          (ii) the minor's parent, legal guardian, or spouse.

493          (b) A package agent or staff of a package agency that has reason to believe that a
494     person who is on the premises of a package agency is under the age of 21 and is not
495     accompanied by a person described in Subsection (14)(a) may:
496          (i) ask the suspected minor for proof of age;
497          (ii) ask the person who accompanies the suspected minor for proof of age; and
498          (iii) ask the suspected minor or the person who accompanies the suspected minor for
499     proof of parental, guardianship, or spousal relationship.
500          (c) A package agent or staff of a package agency shall refuse to sell liquor to the
501     suspected minor and to the person who accompanies the suspected minor into the package
502     agency if the minor or person fails to provide any information specified in Subsection (14)(b).
503          (d) A package agent or staff of a package agency shall require the suspected minor and
504     the person who accompanies the suspected minor into the package agency to immediately leave
505     the premises of the package agency if the minor or person fails to provide information specified
506     in Subsection (14)(b).
507          (15) (a) A package agency shall sell, offer for sale, or furnish liquor in a sealed
508     container.
509          (b) A person may not open a sealed container on the premises of a package agency.
510          (c) Notwithstanding Subsection (15)(a), a package agency may sell, offer for sale, or
511     furnish liquor in other than a sealed container:
512          (i) if the package agency is the type of package agency that authorizes the package
513     agency to sell, offer for sale, or furnish the liquor as part of room service;
514          (ii) if the liquor is sold, offered for sale, or furnished as part of room service; and
515          (iii) subject to:
516          (A) staff of the package agency providing the liquor in person only to an adult guest in
517     the guest room;
518          (B) staff of the package agency not leaving the liquor outside a guest room for retrieval
519     by a guest; and
520          (C) the same limits on the portions in which an alcoholic product may be sold by a
521     retail licensee under Section 32B-5-304.
522          (16) [On or after October 1, 2011, a] A package agency may not sell, offer for sale, or
523     furnish heavy beer in a sealed container that exceeds two liters.

524          (17) The department may pay or otherwise remunerate a package agent on any basis,
525     including sales or volume of business done by the package agency.
526          (18) The commission may prescribe by policy or rule general operational requirements
527     of a package agency that are consistent with this title and relate to:
528          (a) physical facilities;
529          (b) conditions of operation;
530          (c) hours of operation;
531          (d) inventory levels;
532          (e) payment schedules;
533          (f) methods of payment;
534          (g) premises security; and
535          (h) any other matter considered appropriate by the commission.
536          (19) A package agency may not maintain a minibar.
537          (20) A package agency may not charge any amount other than the handling fee
538     described in Subsection 32B-2-704(1) for wine shipped or transported to the package agency,
539     directly or indirectly, from a registered wine subscription business as defined in Section
540     32B-2-701.
541          Section 7. Section 32B-2-701 is enacted to read:
542          32B-2-701. Definitions.
543          As used in this part:
544          (1) "Registered wine subscription business" means a wine subscription business that
545     registers with the department in accordance with Section 32B-2-702.
546          (2) "Wine subscription business" means a person that sells or offers for sale a wine
547     subscription.
548          (3) "Wine subscription" means an arrangement in which a customer pays a person a
549     recurring price at regular intervals for a product that involves the shipment or transportation of
550     wine.
551          Section 8. Section 32B-2-702 is enacted to read:
552          32B-2-702. Wine subscription registration -- Duties.
553          (1) Before a person as a wine subscription business may sell or offer for sale a wine
554     subscription that involves shipping or transporting wine to a customer in the state, the person

555     shall first register with the department in accordance with this section.
556          (2) To register as a wine subscription business, a person shall submit to the
557     department:
558          (a) a written application in a form the department prescribes;
559          (b) a nonrefundable application fee of $300;
560          (c) if the person applying is an entity, verification that an individual who signs the
561     application is authorized to sign on behalf of the entity; and
562          (d) any other information the commission or department may require.
563          (3) (a) Registration under this section expires August 31 of each year.
564          (b) To renew a registration under this section, a registered wine subscription business
565     shall submit to the department no later than July 31:
566          (i) a renewal application in a form the department prescribes;
567          (ii) a nonrefundable renewal fee of $100; and
568          (iii) any other information the commission or department requires.
569          (4) A registered wine subscription business shall:
570          (a) only sell or offer for sale a wine subscription to an individual who is 21 years of age
571     or older;
572          (b) ensure that all wine the wine subscription business ships or transports to a customer
573     in the state as part of a wine subscription:
574          (i) is delivered to a state store or package agency; and
575          (ii) is not otherwise available for sale by the department; and
576          (c) cooperate with the department to ensure that after the registered wine subscription
577     business ships or transports wine in accordance with this Subsection (4), the state store or
578     package agency can furnish the wine to the intended customer.
579          Section 9. Section 32B-2-703 is enacted to read:
580          32B-2-703. Commission and department duties before approving a wine
581     subscription registration.
582          Before approving a registration under this part, the commission shall determine that the
583     person:
584          (1) filed a complete application; and
585          (2) is in compliance with this title.

586          Section 10. Section 32B-2-704 is enacted to read:
587          32B-2-704. Department handling of wine subscription products.
588          (1) The department shall establish a program that:
589          (a) permits a registered wine subscription business to ship or transport wine:
590          (i) as part of a wine subscription; and
591          (ii) to a state store or package agency, as the customer of the wine subscription
592     determines;
593          (b) notifies the customer of a wine subscription when wine delivered to a state store or
594     package agency as described in Subsection (1)(a) is ready for the customer to collect;
595          (c) ensures the state store or package agency verifies that the individual who collects
596     the wine is the customer who purchased the wine through a wine subscription; and
597          (d) upon collection of the wine, requires the state store or package agency to charge the
598     customer a handling fee that the department establishes in accordance with Title 63J-1-504.
599          (2) The department may not charge or collect a markup described in Section 32B-2-304
600     on wine shipped or transported to a state store or package agency from a registered wine
601     subscription business.
602          Section 11. Section 32B-2-705 is enacted to read:
603          32B-2-705. Rulemaking.
604          The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
605     Administrative Rulemaking Act, to administer this part and adjust to an evolving market.
606          Section 12. Section 32B-4-401 is amended to read:
607          32B-4-401. Unlawful sale or furnishing.
608          (1) It is unlawful for a retail licensee, a permittee, a registrant, or staff of a retail
609     licensee [or], permittee, or registrant to keep for sale, or to directly or indirectly, sell, offer for
610     sale, or furnish to another, an alcoholic product, except as otherwise provided by this title.
611          (2) It is unlawful for a person in the business of selling liquor, a manufacturer, a
612     supplier, an importer of liquor, or staff of the person, manufacturer, supplier, or importer to
613     sell, ship, transport, or cause to be sold, shipped, or transported liquor from an out-of-state
614     location directly or indirectly into this state except to the extent authorized by this title to:
615          (a) the department;
616          (b) a military installation;

617          (c) a holder of a special use permit, to the extent authorized in the special use permit;
618     or
619          (d) a liquor warehouser licensee licensed to distribute and transport liquor to:
620          (i) the department; or
621          (ii) an out-of-state wholesaler or retailer.
622          (3) (a) It is unlawful for a person in the business of selling beer, a manufacturer, a
623     supplier, an importer of beer, or staff of the person, manufacturer, or importer to sell, ship,
624     transport, or cause to be sold, shipped, or transported beer from an out-of-state location directly
625     or indirectly into this state except to the extent authorized by this title to:
626          (i) a beer wholesaler licensee;
627          (ii) a military installation; or
628          (iii) a holder of a special use permit, to the extent authorized in the special use permit.
629          (b) Subsection (3)(a) does not preclude a small brewer that holds a certificate of
630     approval from selling, shipping, or transporting beer to the extent authorized by Subsection
631     32B-11-503(5) directly to:
632          (i) a beer retailer; or
633          (ii) an event permittee.
634          (4) (a) It is unlawful for a manufacturer, supplier, or importer of liquor in this state, or
635     staff of the manufacturer, supplier, or importer to sell, ship, transport, or cause to be sold,
636     shipped, or transported liquor directly or indirectly to a person in this state except to the extent
637     authorized by this title to:
638          (i) the department;
639          (ii) a military installation;
640          (iii) a holder of a special use permit, to the extent authorized in the special use permit;
641     or
642          (iv) a liquor warehouser licensee who is licensed to distribute and transport liquor to:
643          (A) the department; or
644          (B) an out-of-state wholesaler or retailer.
645          (b) Subsection (4)(a) does not preclude a winery manufacturing licensee located in this
646     state from selling wine to a person on its winery premises:
647          (i) to the extent authorized by Subsection 32B-11-303(4); or

648          (ii) under a package agency issued by the commission on the winery premises.
649          (c) Subsection (4)(a) does not preclude a distillery manufacturing licensee located in
650     this state from selling liquor on its distillery premises:
651          (i) to the extent authorized in Subsection 32B-11-403(5); or
652          (ii) under a package agency issued by the commission on the distillery premises.
653          (d) Subsection (4)(a) does not preclude a brewery manufacturing licensee located in
654     this state from selling heavy beer or flavored malt beverages on its brewery premises:
655          (i) to the extent authorized under Subsection 32B-11-503(4); or
656          (ii) under a package agency issued by the commission on its brewery premises.
657          (5) (a) It is unlawful for a manufacturer, supplier, or importer of beer in this state, or
658     staff of the manufacturer, supplier, or importer to sell, ship, transport, or cause to be sold,
659     shipped, or transported beer directly or indirectly to a person in this state except to the extent
660     authorized by this title to:
661          (i) a beer wholesaler licensee;
662          (ii) a military installation; or
663          (iii) a holder of a special use permit, to the extent authorized in the special use permit.
664          (b) Subsection (5)(a) does not preclude:
665          (i) a small brewer who is a brewery manufacturing licensee located in this state from
666     selling, shipping, and transporting beer to the extent authorized by Subsection 32B-11-503(5)
667     directly to one of the following in this state:
668          (A) a beer retailer; or
669          (B) an event permittee; or
670          (ii) a brewery manufacturing licensee from selling beer to a person on its
671     manufacturing premises under Subsection 32B-11-503(4)(c).
672          (6) It is unlawful for a person other than a person described in Subsection (2) or (3) to
673     sell, ship, transport, or cause to be sold, shipped, or transported an alcoholic product from an
674     out-of-state location directly or indirectly into this state, except as otherwise provided by this
675     title.
676          (7) It is unlawful for a person in this state other than a person described in Subsection
677     (4) or (5) to sell, ship, transport, or cause to be sold, shipped, or transported an alcoholic
678     product directly or indirectly to another person in this state, except as otherwise provided by

679     this title.
680          (8) (a) A violation of Subsection (1) is a class B misdemeanor, except when otherwise
681     provided by this title.
682          (b) A violation of Subsection (2), (3), (4), or (5) is a third degree felony.
683          (c) A violation of Subsection (6) or (7) is a class B misdemeanor.
684          Section 13. Section 32B-4-420 is amended to read:
685          32B-4-420. Unlawful adulteration.
686          (1) For purposes of this section, "tamper" means to do one or more of the following to
687     the contents of a container:
688          (a) fortify;
689          (b) adulterate;
690          (c) contaminate;
691          (d) dilute;
692          (e) change its character or purity; or
693          (f) otherwise change.
694          (2) A person may not, for any purpose, mix or allow to be mixed with an alcoholic
695     product sold or supplied by the person as a beverage any of the following:
696          (a) a drug;
697          (b) methylic alcohol;
698          (c) a crude, unrectified, or impure form of ethylic alcohol; or
699          (d) another deleterious substance.
700          (3) (a) The following may not engage in an act listed in Subsection (3)(b):
701          (i) a package agent;
702          (ii) a retail licensee;
703          (iii) a permittee;
704          (iv) a beer wholesaler licensee;
705          (v) a liquor warehouser licensee;
706          (vi) a supplier; [or]
707          (vii) an importer[.]; or
708          (viii) a registrant.
709          (b) A person listed in Subsection (3)(a) may not:

710          (i) tamper with the contents of a container of alcoholic product as originally marketed
711     by a manufacturer;
712          (ii) refill or partly refill with any substance the contents of an original container of
713     alcoholic product as originally marketed by a manufacturer;
714          (iii) misrepresent the brand of an alcoholic product sold or offered for sale; or
715          (iv) sell or furnish a brand of alcoholic product that is not the same as that ordered by a
716     purchaser without first advising the purchaser of the difference.