Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 14 First Substitute (2022GS)

Sponsor

Sen. Davis, G.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Division of Consumer Purchasing (division) within the Department of Alcoholic Beverage Control;
• moves the wine subscription program under the administration of the division;
• requires the division to establish a consumer purchasing system;
• outlines the parameters of the consumer purchasing system; and
• grants the Alcoholic Beverage Control Commission rulemaking authority.

Every vote on this bill

Bill text

CONSUMER ALCOHOLIC BEVERAGE PURCHASING
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gene Davis
House Sponsor: 
Timothy D. Hawkes
LONG TITLE
General Description:
This bill amends provisions of the Alcoholic Beverage Control Act regarding consumer
purchasing.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Division of Consumer Purchasing (division) within the Department of
Alcoholic Beverage Control;
▸ moves the wine subscription program under the administration of the division;
▸ requires the division to establish a consumer purchasing system;
▸ outlines the parameters of the consumer purchasing system; and
▸ grants the Alcoholic Beverage Control Commission rulemaking authority.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-2-701
, as enacted by Laws of Utah 2020, Chapter 178
32B-2-702
, as enacted by Laws of Utah 2020, Chapter 178
32B-2-703
, as enacted by Laws of Utah 2020, Chapter 178
ENACTS:
32B-2-212
, Utah Code Annotated 1953
32B-2-801
, Utah Code Annotated 1953
32B-2-802
, Utah Code Annotated 1953
32B-2-803
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-2-212
 is enacted to read:
 32B-2-212.
Division of Consumer Purchasing.
There is created with the department the Division of Consumer Purchasing to establish
and administer:
(1) the wine subscription program described in Part 7, Wine Subscription Program; and
(2) the consumer purchasing system described in Part 8, Consumer Purchasing System.
Section 2. Section 
32B-2-701
 is amended to read:
32B-2-701.
Definitions.
As used in this part:
(1) 
"Division" means the Division of Consumer Purchasing created in Section
32B-2-212
.
(2)
 "Subscriber" means an individual who subscribes to a wine subscription as
described in Subsection 
32B-2-702
(2).
[
(2)
] 
(3)
 "Subscription program" means the wine subscription program established in
Section 
32B-2-702
.
[
(3)
] 
(4)
 "Wine subscription" means an arrangement in which a customer pays a
recurring price at regular intervals for a product that involves the shipment or transportation of
wine.
[
(4)
] 
(5)
 "Wine subscription business" means a person that:
(a) sells or offers for sale a wine subscription; and
(b) contracts with the department to participate in the subscription program.
Section 3. Section 
32B-2-702
 is amended to read:
32B-2-702.
Wine subscription program.
(1) The [
department
] 
division
 shall establish and administer a wine subscription
program as described in this part.
(2) The subscription program shall permit an individual to subscribe to a wine
subscription that a wine subscription business sells or offers for sale by:
(a) enrolling in the wine subscription program in a manner the [
department
] 
division
prescribes;
(b) authorizing the [
department
] 
division
 to purchase the wine subscription in the
individual's name;
(c) paying the [
department
] 
division
, in a manner the [
department
] 
division
 prescribes:
(i) the price of the wine subscription;
(ii) in addition to any tax, the markup described in Subsection 
32B-2-304
(4); and
(iii) a fee the [
department
] 
division
 charges in accordance with Subsection
32B-2-703
(1); and
(d) designating the state store or package agency at which the individual would prefer
to collect the wine.
(3) The [
department
] 
division
 shall:
(a) designate by contract with a wine subscription business the department warehouse
to which the wine subscription business ships or transports wine under the subscription
program;
(b) deliver wine purchased through the subscription program to the appropriate state
store or package agency; and
(c) notify a subscriber when wine purchased through the subscription program is ready
for the subscriber to collect from the state store or package agency described in Subsection
(3)(b).
Section 4. Section 
32B-2-703
 is amended to read:
32B-2-703.
Fees -- Rulemaking.
(1) The [
department
] 
division
 may charge a fee as part of the subscription program:
(a) in accordance with Section 
63J-1-504
; and
(b) to cover costs to the [
department
] 
division
 for administering the subscription
program.
(2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for the administration of this part, including rules designating
which package agencies may receive from the [
department
] 
division
 wines that are purchased
through the subscription program.
Section 5. Section 
32B-2-801
 is enacted to read:
Part 8. Consumer Purchasing System
 32B-2-801.
Definitions.
As used in this part:
(1) "Consumer purchasing system" means the consumer purchasing system established
in Section 
32B-2-802
.
(2) "Division" means the Division of Consumer Purchasing created in Section
32B-2-212
.
Section 6. Section 
32B-2-802
 is enacted to read:
 32B-2-802.
Consumer purchasing system.
(1) The division shall establish and administer a consumer purchasing system that:
(a) allows a person to:
(i) order an alcoholic product from an approved vendor through the division; and
(ii) pick up an alcoholic product ordered as described in Subsection (1)(a)(i) from a
state store or package agency; and
(b) requires a person ordering an alcoholic product as described in Subsection (1)(a) to,
at the time the order is made:
(i) designate a state store or package agency at which the person would prefer to collect
the alcoholic product; and
(ii) pay the division for the alcoholic product order in full, including:
(A) the cost of the alcoholic product; and
(B) in addition to any tax, the markup described in Section 
32B-2-304
.
(2) The division shall:
(a) ensure that an alcoholic product ordered through the consumer purchasing system is
shipped or transported to a department warehouse;
(b) deliver an alcoholic product ordered through the consumer purchasing system to the
appropriate state store or package agency;
(c) notify the person who ordered an alcoholic product through the consumer
purchasing system when the alcoholic product is ready for the person to collect; and
(d) administer the consumer purchasing system in a manner that:
(i) is efficient;
(ii) ensures timely delivery of alcoholic products; and
(iii) frequently updates a person who orders an alcoholic product through the consumer
purchasing system on the status of the order.
(3) The division may not require that a person order a specific quantity of an alcoholic
product that is:
(a) different than a quantity the vendor offers for sale; or
(b) larger than the smallest quantity the vendor offers for sale.
Section 7. Section 
32B-2-803
 is enacted to read:
 32B-2-803.
Rulemaking.
The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of this part.