32A-1-113 (Repealed 07/01/11) - Department expenditures and revenues -- Liquor Control Fund -- Exempt from Division of Finance -- Annual audits.
32A-1-113 (Repealed 07/01/11). Department expenditures and revenues -- LiquorControl Fund -- Exempt from Division of Finance -- Annual audits.
(1) (a) All money received by the department in the administration of this title, except asotherwise provided, together with all property acquired, administered, possessed, or received bythe department, is the property of the state. Money received in the administration of this titleshall be paid to the department and transferred into the state treasury to the credit of the LiquorControl Fund.
(b) All expenses, debts, and liabilities incurred by the department in connection with theadministration of this title shall be paid from the Liquor Control Fund.
(c) The fiscal officers of the department shall transfer annually from the Liquor ControlFund to the General Fund a sum equal to the amount of net profit earned from the sale of liquorsince the preceding transfer of funds. The transfer shall be made within 90 days of the end of thedepartment's fiscal year on June 30.
(2) (a) Deposits made by the department shall be made to banks designated as statedepositories and reported to the state treasurer at the end of each day.
(b) Any member of the commission and any employee of the department is notpersonally liable for any loss caused by the default or failure of depositories.
(c) All funds deposited in any bank or trust company are entitled to the same priority ofpayment as other public funds of the state.
(3) All expenditures necessary for the administration of this title, including the paymentof all salaries, premiums, if any, on bonds of the commissioners, the director, and the departmentstaff in all cases where bonds are required, and all other expenditures incurred in establishing,operating, and maintaining state stores and package agencies and in the administration of thistitle, shall be paid by warrants drawn on the state treasurer paid out of the Liquor Control Fund.
(4) If the cash balance of the Liquor Control Fund is not adequate to cover the warrantsdrawn against it by the state treasurer, the cash resources of the General Fund may be utilized tothe extent necessary. However, at no time may the fund equity of the Liquor Control Fund fallbelow zero.
(5) (a) When any check issued in payment of any fees or costs authorized or required bythis title is returned to the department as dishonored:
(i) the department may assess a service charge in an amount set by commission ruleagainst the person on whose behalf the check was tendered; and
(ii) if the check that is returned to the department is from a licensee, permittee, orpackage agent, it is grounds for:
(A) the suspension or revocation of the license or permit; or
(B) the suspension or termination of the operation of the package agency.
(b) The revocation of a license or permit under this Subsection (5) is grounds for theforfeiture of the bond of the:
(i) licensee; or
(ii) permittee.
(c) The termination of the operation of a package agency under this Subsection (5) isgrounds for the forfeiture of the bond of the package agency.
(6) The laws that govern the Division of Finance and prescribe the general powers andduties of the Division of Finance are not applicable to the Department of Alcoholic BeverageControl in the purchase and sale of alcoholic products.
(7) The accounts of the department shall be audited annually by the state auditor or byany other person, firm, or corporation the state auditor appoints. The audit report shall be madeto the state auditor, and copies submitted to members of the Legislature not later than January 1following the close of the fiscal year for which the report is made.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session