Utah Code 32B-17-201. Commission’s power to issue liquor transport license
Current as of: 2024 | Check for updates
|
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-17-201
- Airport licensee: means a person who holds a valid:(1)(a) retail license for premises located at an international airport or domestic airport; or(1)(b) special use permit for premises located at an international airport or domestic airport. See Utah Code 32B-17-102
- 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- Central receiving and distribution center: means a facility that:
(2)(a) operates at an international airport or domestic airport;(2)(b) receives goods and supplies delivered to the international airport or domestic airport for an airport licensee;(2)(c) screens the goods and supplies described in Subsection (2)(b) for security purposes; and(2)(d) distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered. See Utah Code 32B-17-102- 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
- 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- Liquor transport license: means a license issued in accordance with Chapter 17, Liquor Transport License Act. 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- 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
- 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- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(1)(a) A person who is not a retail licensee shall obtain a liquor transport license issued by the commission in accordance with this chapter before the person may:(1)(a)(i) pickup liquor on behalf of a retail licensee and deliver the liquor to a retail licensee or a central receiving and distribution center; or(1)(a)(ii) if the person is a central receiving and distribution center:(1)(a)(ii)(A) pickup liquor on behalf of an airport licensee and deliver the liquor to the central receiving and distribution center’s premises; or(1)(a)(ii)(B) receive, screen, store, or deliver alcoholic product as part of the central receiving and distribution center’s operations.(1)(b) A violation of Subsection (1)(a) is a class A misdemeanor.(2) The commission may issue a liquor transport license for:(2)(a) the pickup of liquor on behalf of a retail licensee and the delivery of the liquor to the retail licensee or a central receiving and distribution center; or(2)(b) the receipt, screening, storage, and distribution of alcoholic product by a central receiving and distribution center.(3) In accordance with this chapter, a liquor transport license entitles the holder to:(3)(a)(3)(a)(i) pickup liquor from a package agency or state store on behalf of a retail licensee using the retail licensee’s funds; and(3)(a)(ii) transport and deliver the liquor directly to:(3)(a)(ii)(A) the retail licensee; or(3)(a)(ii)(B) if the retail licensee is an airport licensee, a central receiving and distribution center; or(3)(b) if the holder is a central receiving and distribution center:(3)(b)(i)(3)(b)(i)(A) pickup liquor from a package agency or state store on behalf of an airport licensee using the airport licensee’s funds; and(3)(b)(i)(B) transport the liquor directly to the central receiving and distribution center’s premises for screening, storage, and delivery to the airport licensee;(3)(b)(ii) receive at the central receiving and distribution center’s premises:(3)(b)(ii)(A) liquor purchased by or on behalf of an airport licensee and delivered to the central receiving and distribution center by the airport licensee or a liquor transport licensee; or(3)(b)(ii)(B) beer delivered to the central receiving and distribution center for an airport licensee by a beer wholesaler licensee or a small brewer;(3)(b)(iii) screen and store alcoholic product picked up or received by the central receiving and distribution center; and(3)(b)(iv) transport and deliver the alcoholic product to the airport licensee.(4) Nothing in this chapter prohibits a retail licensee from picking up liquor purchased by the retail licensee and transporting the liquor to the retail licensee’s licensed premises in accordance with the other provisions of this title.