Utah Code § 32B-2-604

Current through the 2024 Third Special Session
Section 32B-2-604 - Bond related to package agency
(1)
(a) A package agent who has a consignment liquor inventory owned by the state shall post a:
(i) consignment surety bond:
(A) payable to the department; and
(B) in the amount of the consignment inventory; and
(ii) cash or surety bond:
(A) payable to the department; and
(B) in the penal amount of at least $1,000, as the department determines.
(b) A package agent who has a consignment liquor inventory shall ensure that a consignment surety bond is conditioned upon a package agent's return of the unsold consignment liquor inventory at the termination of a package agency agreement.
(2) A package agent that owns the package agency's liquor inventory shall post a cash bond or surety bond:
(a) in the penal amount of at least $1,000, as the department determines; and
(b) payable to the department.
(3) A package agent shall procure and maintain the bond required under this section for as long as the package agent continues to operate as a package agent.
(4) A bond required under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon the package agent's faithful compliance with this title, the rules of the commission, and the package agency agreement.
(5)
(a) If a surety bond posted by a package agency under this section is canceled due to the package agent's or package agency's negligence, the department may assess a $300 reinstatement fee.
(b) No part of a bond posted by a package agent under this section may be withdrawn:
(i) during the period the package agency is in effect; or
(ii) while a revocation of the package agency is pending against the package agent.
(6)
(a) A bond posted under this section by a package agent may be forfeited if the package agency is revoked.
(b) Notwithstanding Subsection (6)(a), the department may make a claim against a bond posted by a package agent for money owed the department under this title without the commission first revoking the package agency.

Utah Code § 32B-2-604

Amended by Chapter 291, 2021 General Session ,§ 9, eff. 5/5/2021.
Amended by Chapter 307, 2011 General Session.