Title 32B Chapter 5 Section 303

Alcoholic Beverage Control Act
Retail License Act
Section 303
Purchase and storage of an alcoholic product by a retail licensee.

            

32B-5-303.   Purchase and storage of an alcoholic product by a retail licensee.

            (1) (a) A retail licensee may not purchase liquor except from a state store or package agency.

            (b) A retail licensee may transport liquor purchased from a state store or package agency from the place of purchase to the licensed premises.

            (c) A retail licensee shall pay for liquor in accordance with rules established by the commission.

            (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:

            (A) a beer wholesaler licensee; or

            (B) a small brewer that manufactures the beer.

            (ii) Violation of this Subsection (2)(a) is a class A misdemeanor.

            (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.

            (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 other than those hours and days when liquor sales are authorized by law.


Amended by Chapter 307, 2011 General Session