Title 32A Alcoholic Beverage Control Act Chapter 8 Manufacturing Licenses Section 401 Authority and operational restrictions.
32A-8-401.Authority and operational restrictions.
(1) A brewery license allows the licensee to:
(a) manufacture, brew, store, transport, or export beer, heavy beer, and flavored malt
beverages;
(b) sell heavy beer and, on or after October 1, 2008, a flavored malt beverage to:
(i) the department;
(ii) a military installation; and
(iii) an out-of-state customer;
(c) sell beer to a licensed wholesaler;
(d) in the case of a small brewer, sell in accordance with Subsection (5), beer
manufactured by the brewer to:
(i) a licensed retailer;
(ii) a holder of a single event permit issued by the commission pursuant to Chapter 7,
Single Event Permits; and
(iii) a holder of a temporary retail beer permit issued by the commission for a temporary
special event pursuant to Chapter 10, Part 3, Temporary Special Event Beer Permits; and
(e) warehouse on its premises an alcoholic beverage that it manufactures or purchases for
manufacturing purposes.
(2) If considered necessary, the commission or department may:
(a) require certain alterations to the plant, equipment, or premises;
(b) require the alteration or removal of any unsuitable alcoholic beverage-making
equipment or material;
(c) require the licensee to clean, disinfect, ventilate, or otherwise improve the sanitary
and working conditions of any plant, premises, and equipment; or
(d) demand that all books, records, or data pertaining to the materials and ingredients
used in the manufacture of alcoholic products are available to the commission or department
upon request.
(3) A brewery licensee may not sell the following to any person within the state except
the department or a military installation:
(a) heavy beer; or
(b) on or after October 1, 2008, a flavored malt beverage.
(4) A brewery licensee may not permit any beer, heavy beer, or flavored malt beverage to
be consumed on its premises, except under the circumstances described in this Subsection (4).
(a) A brewer may allow its off-duty employees to consume beer, heavy beer, or a
flavored malt beverage on its premises without charge.
(b) A brewery licensee may allow any person who can lawfully buy the following for
wholesale or retail distribution to consume bona fide samples of its product on the brewery
premises:
(i) beer;
(ii) heavy beer; or
(iii) on or after October 1, 2008, a flavored malt beverage.
(c) (i) A brewery licensee may operate on its manufacturing premises a retail facility
allowing consumption on premises of beer in bottles or draft as long as food is also available.
(ii) A retail facility located on the premises of a brewery licensee shall be operated or
supervised by the brewer.
(iii) In operating an on-site retail facility, a brewery licensee shall comply with the
requirements of Sections 32A-10-101 and 32A-10-102.
(5) (a) A small brewer licensee located in this state, and a small brewer located outside
this state that obtains a certificate of approval from the department to sell beer in this state under
Subsection 32A-8-101(4), that sells beer manufactured by the small brewer directly to a retailer
licensee or permittee shall own, lease, or maintain and control a warehouse facility located in this
state for the storage of all beer to be sold to any retailer licensee or permittee.
(b) A small brewer may not sell beer to a retailer licensee or permittee unless the beer:
(i) is manufactured by the small brewer; and
(ii) is first placed in the small brewer's warehouse facility in this state.
(c) (i) A small brewer warehouse shall maintain complete beer importation, inventory,
tax, distribution, sales records, and other documents as the department and State Tax
Commission may require.
(ii) The records and documents described in Subsection (5)(c)(i) are subject to inspection
by:
(A) the department; and
(B) the State Tax Commission.
(iii) A small brewer or person acting for the small brewer, who knowingly forges,
falsifies, alters, cancels, destroys, conceals, or removes a record or document required to be
made, maintained, or preserved by this title or the rules of the commission, or State Tax
Commission for the purpose of deceiving the commission, department, State Tax Commission,
or any of their officials or employees, is subject to:
(A) the immediate suspension or revocation of:
(I) the brewery license; or
(II) the certificate of approval; and
(B) possible criminal prosecution under Chapter 12, Criminal Offenses.
Amended by Chapter 391, 2008 General Session
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