Utah Code 32B-5-303. Purchase and storage of an alcoholic product by a retail licensee
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 32B-5-303
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Brewer: means a person engaged in manufacturing:
(16)(a) beer;(16)(b) heavy beer; or(16)(c) a flavored malt beverage. See Utah Code 32B-1-102- 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- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102- Licensee: means a person who holds a license. 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- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- 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
- 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
- State store: means a facility for the sale of packaged liquor:
(131)(a)(i) located on premises owned or leased by the state; and(131)(a)(ii) operated by a state employee. See Utah Code 32B-1-102- Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(1)(a) A retail licensee may not purchase liquor except from a state store or package agency.(1)(b) A retail licensee may transport liquor purchased from a state store or package agency from the place of purchase to the licensed premises.(1)(c) A retail licensee shall pay for liquor in accordance with rules established by the commission.(2)(2)(a)(2)(a)(i) A retail licensee may not purchase, acquire, possess for the purpose of resale, or sell beer except beer that the retail licensee purchases from:(2)(a)(i)(A) a beer wholesaler licensee; or(2)(a)(i)(B) a small brewer that manufactures the beer.(2)(a)(ii) Violation of this Subsection (2)(a) is a class A misdemeanor.(2)(b)(2)(b)(i) If a retail licensee purchases beer under Subsection (2)(a) from a beer wholesaler licensee, the retail licensee shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the retail licensee is located, unless an alternate wholesaler is authorized by the department to sell to the retail licensee as provided in Section 32B-13-301.(2)(b)(ii) Violation of Subsection (2)(b) is a class B misdemeanor.(3) A retail licensee may not store, sell, offer for sale, or furnish an alcoholic product in a place other than as designated in the retail licensee’s application, unless the retail licensee first applies for and receives approval from the department for a change of location within the licensed premises.(4) A liquor storage area shall remain locked at all times except when:(4)(a) liquor sales are authorized by law; or(4)(b) the licensee:(4)(b)(i) inventories or restocks the alcoholic product in the liquor storage area; or(4)(b)(ii) repairs or cleans the liquor storage area. - Brewer: means a person engaged in manufacturing: