Utah Admin. Code R82-2-307 - Type 5 Package Agencies
(1) Authority.
This rule is made pursuant to:
(a) Section
32B-2-202, which authorizes the
Commission to make rules governing package agencies; and
(b) Sections
32B-2-504,
32B-2-605, and
32B-5-303.
(2) Purpose. A Type 5 package agency is for
the limited purpose of allowing a winery, distillery, or brewery to sell at its
manufacturing location the packaged liquor product it actually produces to the
general public for off-premise consumption. This rule establishes guidelines
and procedures for Type 5 package agencies.
(3) Application.
(a) The package agency must be located at a
manufacturing facility that has been granted a manufacturing license by the
Commission. For purpose of this rule, a manufacturing facility includes the
parcel of land and, where applicable, any building leased or owned by the
manufacturing licensee immediately surrounding the manufacturing
premise.
(b) The package agency may
only sell products produced by the manufacturing licensee and may not carry the
products of other alcoholic beverage manufacturers. For the purpose of this
rule, products produced by the manufacturing licensee include products that
would be assessed tax for sale as determined by 27 C.F.R. Parts 19, 24 and
25.
(c)
(i) The product produced by the manufacturing
licensee and sold in the Type 5 package agency need not be shipped from the
winery, distillery, or brewery to the Department and then back to the package
agency.
(ii) The bottles for sale
at a Type 5 package agency may be moved directly from the manufacturer's
storage area to the package agency, provided that proper record-keeping is
maintained in a form and manner as required by the Department.
(d) Records required by the
Department shall be kept current and available to the Department for auditing
purposes for at least three years.
(e) The package agency shall submit to the
Department a completed monthly sales report which specifies the variety and
number of bottles sold from the package agency in a form and manner as required
in the package agency contract.
(f)
Direct deliveries to licensees are prohibited. Products must be purchased and
picked up by the licensees or their staff at the Type 5 package agency. Sales
to the manufacturer's retail licenses may be transported from the
manufacturer's storage area directly to the retail licensed premise provided
that a record is maintained showing a sale from the Type 5 package agency to
the retail licensee at the retail price.
(g) The Type 5 package agency shall sell
products at a price fixed by the Commission and follow the same laws, rules,
policies, and procedures applicable to other package agencies as to the retail
price of products.
(h) The days and
hours of sale of the Type 5 package agency shall be in accordance with Section
32B-2-605 and
R82-2-306.
Notes
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