2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Alcoholic Beverage Control Act regarding consumer
10 purchasing.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates the Division of Consumer Purchasing (division) within the Department of
15 Alcoholic Beverage Control;
16 ▸ requires the division to establish a consumer purchasing system;
17 ▸ outlines the parameters of the consumer purchasing system;
18 ▸ requires the Alcoholic Beverage Control Commission to receive and review
19 complaints regarding the division or the consumer purchasing system; and
20 ▸ grants the Alcoholic Beverage Control Commission rulemaking authority.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 32B-2-212, Utah Code Annotated 1953
28 32B-2-801, Utah Code Annotated 1953
29 32B-2-802, Utah Code Annotated 1953
30 32B-2-803, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 32B-2-212 is enacted to read:
34 32B-2-212. Division of Consumer Purchasing.
35 There is created within the department the Division of Consumer Purchasing to
36 establish and administer the consumer purchasing system described in Part 8, Consumer
37 Purchasing System.
38 Section 2. Section 32B-2-801 is enacted to read:
39
40 32B-2-801. Definitions.
41 As used in this part:
42 (1) "Consumer purchasing system" means the consumer purchasing system established
43 in Section 32B-2-802.
44 (2) "Division" means the Division of Consumer Purchasing created in Section
45 32B-2-212.
46 Section 3. Section 32B-2-802 is enacted to read:
47 32B-2-802. Consumer purchasing system.
48 (1) The division shall establish and administer a consumer purchasing system that:
49 (a) allows an individual to:
50 (i) order an alcoholic product from a third party through the division, if the alcoholic
51 product:
52 (A) is for personal household use and consumption; and
53 (B) is not for sale, resale, or consumption on premises licensed by the commission,
54 except as permitted in Subsection 32B-5-307(3); and
55 (ii) pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a
56 state store or package agency; and
57 (b) requires an individual ordering an alcoholic product as described in Subsection
58 (1)(a) to, at the time the order is made:
59 (i) designate a state store or package agency at which the individual would prefer to
60 collect the alcoholic product; and
61 (ii) pay the division for the alcoholic product order in full, including:
62 (A) the cost of the alcoholic product; and
63 (B) in addition to any tax, the markup described in Section 32B-2-304.
64 (2) The division shall:
65 (a) ensure that an alcoholic product ordered through the consumer purchasing system is
66 shipped or transported to a department warehouse;
67 (b) deliver an alcoholic product ordered through the consumer purchasing system to the
68 appropriate state store or package agency;
69 (c) when an alcoholic product ordered through the consumer purchasing system is
70 ready for the individual who ordered the alcoholic product to collect, notify the individual;
71 (d) administer the consumer purchasing system in a manner that:
72 (i) is efficient; and
73 (ii) ensures timely delivery of alcoholic products; and
74 (e) establish a method by which an individual may submit to the commission a
75 comment or complaint regarding the division or the consumer purchasing system.
76 (3) The division may not require that an individual order a specific quantity of an
77 alcoholic product that is different than a quantity the third-party seller offers for sale.
78 Section 4. Section 32B-2-803 is enacted to read:
79 32B-2-803. Rulemaking -- Consumer purchasing complaints.
80 (1) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
81 Administrative Rulemaking Act, to carry out the provisions of this part.
82 (2) The commission shall:
83 (a) receive and review each comment or complaint an individual submits in relation to
84 the division or the consumer purchasing system; and
85 (b) take any action permitted under this title that the commission determines necessary.