Utah Code 32B-13-201. Commission’s power to issue beer wholesaling license
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 |
Terms Used In Utah Code 32B-13-201
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beer retailer: means a business that:(13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
- Beer wholesaling license: means a license:(14)(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and(14)(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. 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 - License: means :(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Off-premise beer retailer: means a beer retailer who is:(80)(a)(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and(80)(a)(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. 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
- Permittee: means a person issued a permit under:(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. 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
- Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:(122)(a) if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and(122)(b) excluding beer, heavy beer, or flavored malt beverage the brewer:(122)(b)(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and(122)(b)(ii) does not sell for consumption as, or in, a beverage. 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
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(1)(a) Before a person may purchase, store, sell, offer for sale, distribute, or import beer to a person who sells at retail or acts in any way as a beer wholesaler, the person shall first obtain a beer wholesaling license issued by the commission in accordance with this chapter.
(1)(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2)
(2)(a) The commission may issue a beer wholesaling license for the purchase, storage, sale, distribution, transportation, and import of beer.
(2)(b) A beer wholesaling license entitles the beer wholesaler licensee to:
(2)(b)(i) purchase and import beer into the state;
(2)(b)(ii) store beer in an approved warehouse; and
(2)(b)(iii) sell and distribute beer directly to:
(2)(b)(iii)(A) a beer retailer; or
(2)(b)(iii)(B) an event permittee.
(3) Nothing in this section precludes a small brewer from selling beer the small brewer manufactures directly to:
(3)(a) a retail licensee;
(3)(b) an off-premise beer retailer; or
(3)(c) an event permittee.