Section R82-1-103 - General Provisions(1) This rule is adopted pursuant to Section 32B-2-202, which authorizes the Commission to act as the general policymaking body regarding alcoholic product in the state and to adopt rules accordingly.(2) The purpose of this rule is to provide administrative guidance to the Department and members of the public.(3) For purposes of this rule, "cash only" means:(e) United States Post Office money order.(4) The Department may assess the legal rate of interest provided in Sections 15-1-1 through 15-1-3 for any debt or obligation owed to the Department by a licensee, permittee, package agent, or any other person.(5) The Department will assess a $20 charge for any dishonored check payable to the Department if returned for the following reasons:(6) Receipt of a check payable to the Department which is returned by the bank for any of the reasons listed in Subsection (4)(a) may result in the immediate suspension of the license, permit, or operation of the package agency of the person tendering the check until legal tender of the United States of America, certified check, bank draft, cashier's check, or United States post office money order is received at the Department offices, 1625 S. 900 West, Salt Lake City, Utah, plus the $20 returned check charge. Failure to make good the returned check and pay the $20 returned check charge within 30 days after the license, permit, or operation of the package agency is suspended, is grounds for revocation of the license or permit, or termination of the package agency contract, and the forfeiture of the licensee's, permittee's, or package agent's bond.(7) In addition to the remedies listed in Subsection (4)(b), the Department may require that the licensee, permittee, or package agent transact business with the Department on a cash-only basis. The determination of when to put a licensee, permittee, or package agency operator on cash-only basis and the length of the cash-only restriction shall be at the discretion of the Department and shall be based on the following factors: (a) the dollar amount of the returned check;(b) the number of returned checks;(c) the length of time the licensee, permittee, or package agency operator has had a license, permit, or package agency with the Department;(d) the time necessary to collect the returned check; and(e) any other circumstances.(8) A returned check received by the Department from or on behalf of an applicant for or holder of a single event permit or temporary special event beer permit may, at the discretion of the Department, require that the person or entity that applied for or held the permit be on cash-only basis for any future events requiring permits from the Commission.(9) In addition to the remedies established in this rule, the Department may pursue any legal remedies to effect collection of any returned check.(10) For purposes of the "Landed case cost" defined in Section 32B-2-304, the cost of the product includes a case handling markup determined by the Department.(11) If a manufacturer and the Department have agreed to allow the manufacturer to ship an alcoholic beverage directly to a state store or package agency without being received and stored by the Department in the Department's warehouse, the manufacturer shall receive a credit equaling the case handling markup for the product that is not warehoused by the Department.(12) The Department shall collect and remit the case handling markup as outlined in Section 32B-2-304.(13) Pursuant to Section 32B-2-202, this rule authorizes the director to make internal Department policies in accordance with Section 32B-2-206 for Department duties as defined by Section 32B-2-204 for listing and delisting products to include a program to place orders for products not kept for sale by the Department.Utah Admin. Code R82-1-103
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020Amended by Utah State Bulletin Number 2020-21, effective 10/27/2020Amended by Utah State Bulletin Number 2024-01, effective 12/22/2023