Bond related to package agency.

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  • (1)
    • (a) A package agent who has a consignment liquor inventory owned by the state shall post a:
      • (i) consignment surety bond:
        • (A) payable to the department; and
        • (B) in the amount of the consignment inventory; and
      • (ii) cash or surety bond:
        • (A) payable to the department; and
        • (B) in the penal amount of at least $1,000, as the department determines.
    • (b) A package agent who has a consignment liquor inventory shall ensure that a consignment surety bond is conditioned upon a package agent's return of the unsold consignment liquor inventory at the termination of a package agency agreement.
  • (2) A package agent that owns the package agency's liquor inventory shall post a cash bond or surety bond:
    • (a) in the penal amount of at least $1,000, as the department determines; and
    • (b) payable to the department.
  • (3) A package agent shall procure and maintain the bond required under this section for as long as the package agent continues to operate as a package agent.
  • (4) A bond required under this section shall be:
    • (a) in a form approved by the attorney general; and
    • (b) conditioned upon the package agent's faithful compliance with this title, the rules of the commission, and the package agency agreement.
  • (5)
    • (a) If a surety bond posted by a package agency under this section is canceled due to the package agent's or package agency's negligence, the department may assess a $300 reinstatement fee.
    • (b) No part of a bond posted by a package agent under this section may be withdrawn:
      • (i) during the period the package agency is in effect; or
      • (ii) while a revocation of the package agency is pending against the package agent.
  • (6)
    • (a) A bond posted under this section by a package agent may be forfeited if the package agency is revoked.
    • (b) Notwithstanding Subsection (6)(a), the department may make a claim against a bond posted by a package agent for money owed the department under this title without the commission first revoking the package agency.




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