32A-9-106 (Repealed 07/01/11) - Operational restrictions.
32A-9-106 (Repealed 07/01/11). Operational restrictions.
Each person granted a warehousing license and the employees and management of thelicensee shall abide by the following conditions and requirements. Failure to comply may resultin a suspension or revocation of the license, or other disciplinary action taken against individualemployees or management personnel:
(1) All liquor warehoused in this state and sold to out-of-state consignees, shall betransported out of the state only by a motor carrier regulated under Title 72, Chapter 9, MotorCarrier Safety Act.
(2) All liquor warehoused in this state and sold to the department shall be transported by motor carriers approved by the department.
(3) All liquor transported to or from the licensee's premises shall be carried in sealedconveyances that are made available for inspection by the department while en route within thestate.
(4) A licensee may not ship, convey, distribute, or remove liquor from any warehouse inless than full case lots.
(5) A licensee may not ship, convey, distribute, or remove any liquor from a warehouseto any consignee outside the state that is not licensed as a liquor wholesaler or retailer by the statein which the consignee is domiciled.
(6) A licensee may not receive, warehouse, ship, distribute, or convey any liquor that thecommission has not authorized the licensee to handle through its warehouse.
(7) Each licensee shall maintain accounting and other records and documents as thedepartment may require. Any licensee or person acting for the licensee, who knowingly forges,falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of accountor other documents of the licensee required to be made, maintained, or preserved by this title orthe rules of the commission for the purpose of deceiving the commission or the department, orany of their officials or employees, is subject to the immediate suspension or revocation of thelicense and possible criminal prosecution under Chapter 12, Criminal Offenses.
(8) A liquor warehousing license may not be transferred from one location to another,without prior written approval of the commission.
(9) (a) A liquor warehousing licensee may not sell, transfer, assign, exchange, barter,give, or attempt in any way to dispose of the license to any other person, whether for monetarygain or not.
(b) A liquor warehousing license has no monetary value for the purpose of any type ofdisposition.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session