Utah Code 32B-4-414. Unlawful possession — Exceptions
Current as of: 2024 | Check for updates
|
Other versions
A person may not possess liquor within this state unless authorized by this title or the rules of the commission, except that:
(1) a person who clears United States Customs when entering this country may possess for personal consumption and not for sale or resale, a maximum of nine liters of liquor purchased from without the United States;
Terms Used In Utah Code 32B-4-414
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Flavored malt beverage: means a beverage:
(44)(a)(i) that contains at least . See Utah Code 32B-1-102- Liquor: includes :
(66)(a)(ii)(A) heavy beer;(66)(a)(ii)(B) wine; and(66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102- Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
(75)(a)(i)(75)(a)(i)(A) under the control of the United States Department of Defense; or(75)(a)(i)(B) of the National Guard;(75)(a)(ii) that is located within the state; and(75)(a)(iii) including a leased facility. See Utah Code 32B-1-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Residence: means a person's principal place of abode within Utah. See Utah Code 32B-1-102
- Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Wine: includes :
(140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102(2) a person who enters this state may possess for personal consumption and not for sale or resale, a maximum of nine liters of liquor purchased from without the state;(3) a person who moves the person’s residence to this state from outside of this state may possess for personal consumption and not for sale or resale, liquor previously purchased outside the state and brought into this state during the move;(4) a person who inherits liquor as a beneficiary of an estate that is located outside the state, may possess the liquor and transport or cause the liquor to be transported into the state if the person provides sufficient documentation to the department to establish the person’s legal right to the liquor as a beneficiary; or(5) a person may transport or possess liquor if:(5)(a) the person transports or possesses the liquor:(5)(a)(i) for personal household use and consumption; and(5)(a)(ii) not for:(5)(a)(ii)(A) sale;(5)(a)(ii)(B) resale;(5)(a)(ii)(C) gifting to another; or(5)(a)(ii)(D) consumption on premises licensed by the commission;(5)(b) the liquor is purchased from a store or facility on a military installation; and(5)(c) the maximum amount the person transports or possesses under this Subsection (5) is:(5)(c)(i) two liters of:(5)(c)(i)(A) spirituous liquor;(5)(c)(i)(B) wine; or(5)(c)(i)(C) a combination of spirituous liquor and wine; and(5)(c)(ii)(5)(c)(ii)(A) one case of heavy beer that does not exceed 288 ounces; or(5)(c)(ii)(B) one case of a flavored malt beverage that does not exceed 288 ounces.