Utah Code 32B-4-708. Unlawful act involving consumers
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Terms Used In Utah Code 32B-4-708
- Alcoholic product: includes an alcoholic beverage. 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 - Industry member: means :(2)(a)(i) an alcoholic product manufacturer;(2)(a)(ii) a producer;(2)(a)(iii) a supplier;(2)(a)(iv) an importer;(2)(a)(v) a wholesaler;(2)(a)(vi) a bottler;(2)(a)(vii) a warehouser and bottler; or(2)(a)(viii) for a person described in Subsections (2)(a)(i) through (vii), any of its:(2)(a)(viii)(A) affiliates;(2)(a)(viii)(B) subsidiaries;(2)(a)(viii)(C) officers;(2)(a)(viii)(D) directors;(2)(a)(viii)(E) partners;(2)(a)(viii)(F) agents;(2)(a)(viii)(G) employees; or(2)(a)(viii)(H) representatives. See Utah Code 32B-4-702
- Industry representative: means an individual who is compensated by salary, commission, or other means for representing and selling an alcoholic product of a manufacturer, supplier, or importer of liquor. See Utah Code 32B-1-102
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. 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
- Private event: means a specific social, business, or recreational event:
(95)(a)(i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and(95)(a)(ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102- Product: means an alcoholic product or item associated with an alcoholic product. See Utah Code 32B-4-702
- Retailer: means :
(4)(a) the holder of a license or permit issued by the commission or by a local authority to allow the holder to engage in the sale of an alcoholic product to a patron whether for consumption on or off the premises; or(4)(b) an agent, officer, director, shareholder, partner, or employee of a holder described in Subsection (4)(a). See Utah Code 32B-4-702- School: means a building in which any part is used for more than three hours each weekday during a school year as a public or private:
(115)(a)(i) elementary school;(115)(a)(ii) secondary school; or(115)(a)(iii) kindergarten. See Utah Code 32B-1-102(1)(a) It is unlawful for an industry member, directly or indirectly, or through an affiliate, to give away any of its product to a person except for testing, analysis, and sampling purposes by the department or local industry representative licensee to the extent authorized by this title.(1)(b) This Subsection (1) does not preclude an industry member from serving its product to others at a private event hosted by the industry member in the industry member’s home or elsewhere so long as the product is not served:(1)(b)(i) as part of a promotion of the industry member’s product; or(1)(b)(ii) as a subterfuge to provide a sample to a person for product testing, analysis, or sampling purposes.(2) It is unlawful for an industry member or retailer, directly or indirectly, or through an affiliate, to engage in an advertisement or promotional scheme that requires the purchase or sale of an alcoholic product, or consumption of an alcoholic product, in order to participate in a promotion, program, or other activity.(3) It is unlawful for an industry member or retailer, directly or indirectly, or through an affiliate, to pay, give, or deliver to a person money or any other thing of value, including a rebate, refund, or prize, on the basis of the purchase, display, use, sale, or consumption of an alcoholic product.(4) It is unlawful for an industry member or retailer to sponsor or underwrite an athletic, theatrical, scholastic, artistic, or scientific event that:(4)(a) overtly promotes the consumption of a product;(4)(b) offers a product to the general public without charge; or(4)(c) takes place on the premises of a school, college, university, or other educational institution.