(1) If this title expressly addresses an issue related to alcoholic product control in this state, a local authority may not regulate in relation to that issue except when a local authority is expressly granted regulatory authority to regulate the issue by this title.

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Terms Used In Utah Code 32B-1-204

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Local authority: means :
         (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
         (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
         (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. 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
  • 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
(2) If this title does not expressly address an issue related to alcoholic product control, a local authority may regulate that issue if the regulation:

     (2)(a) is of the sale, offer for sale, furnishing, or consumption of an alcoholic product; and
     (2)(b) does not conflict with this title.