Utah Admin. Code R82-2-201 - Liquor Returns, Refunds and Exchanges
(1) Purpose. This rule establishes guidelines
for accepting liquor returns, refunds and exchanges by a state store or a
package agency.
(a) The authority for this
rule is 32B-2-202, which authorizes the
Department to control liquor merchandise inventory in the
state.
(2) Application of
Rule.
(a) Unsaleable Product. Unsaleable
product includes product that is spoiled, leaking, contains foreign matter, or
is otherwise defective. The Department will accept for refund or exchange
liquor merchandise that is unsaleable subject to the following conditions and
restrictions:
(i) Returns of unsaleable
merchandise are subject to approval by the store manager or package agent to
verify that the product is indeed defective.
(ii) The product must be returned within a
reasonable time of the date of purchase. Discontinued products may not be
returned. Vintages of wine that are not currently being retailed by the
Department may not be returned.
(iii) No refunds shall be given for wines
returned due to spoilage such as corkiness, oxidation, and secondary
fermentation, or due to the customer's unfamiliarity with the characteristics
of the product. Such wines may only be exchanged for another bottle of the same
product. Wine will not be accepted for refund or exchange if the return is a
result of improper extraction of the cork.
(b) Saleable Product. Store managers and
package agents are authorized to accept saleable returned merchandise from
licensees, single event permit holders, convention groups, and individual
customers, subject to the following conditions and restrictions:
(i) Returns of saleable merchandise are
subject to approval by the store manager or package agent. The customer may
receive a refund or exchange of product for the return. Large returns will be
accepted from licensees, single event permittees, convention groups and other
organizations only if prior arrangements have been made with the store
manager.
(ii) Returns should be
made within a reasonable amount of time from the date of purchase, and all
returned merchandise must be in good condition. Returns of $50 or more shall
not be accepted without a receipt. Therefore, it is necessary for cashiers to
print a receipt for all purchases of $50 or more. Signs should be posted at
each cash register informing customers of this requirement. Merchandise shall
be refunded at the price paid by the customer, or the current price, whichever
is lower.
(iii) Wine and beer, due
to their perishable nature and susceptibility to temperature changes, should be
accepted back with caution. These products can only be returned if the store
manager has personal knowledge of how they have been handled and
stored.
(iv) If the total amount of
the return is more than $500, the store manager or package agent shall fill out
a Returned Merchandise Acknowledgment Receipt (LQ-45), and submit a copy to the
office. A refund check will be processed at the office and mailed to the
customer. Customers need to be informed that it generally takes three to six
weeks to process payment.
(v) If
the total value of the returned merchandise is more than $1,000, a 10%
restocking fee shall be charged on the total amount.
(c) Unreturnable Products. The following
items may not be returned:
(i) All limited
item wines - wines that are available in very limited quantities.
(ii) Any products that have been chilled,
over-heated, or label damaged.
(iii) Outdated, including not listed on the
Department's product/price list, and discontinued products.
(iv) Merchandise purchased by catering
services.
(d) A cash
register return receipt shall be completed for each product return. The
following information must be on the receipt: the customer's name, address,
telephone number, driver's license number, and signature. The cashier must
attach the receipt to the cash register closing report.
Notes
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