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S.B. 112 Enrolled
AN ACT RELATING TO ALCOHOLIC BEVERAGES; MODIFYING LIABILITY
PROVISIONS; ELIMINATING STATUTORY CAP ON LIABILITY UNDER
DRAMSHOP ACT; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-14-101 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-14-101 (Effective 07/01/97) is amended to read:
32A-14-101 (Effective 07/01/97). Liability for injuries resulting from distribution of
alcoholic beverages -- Causes of action -- Statute of limitations -- Employee protections.
(1) [
described in Subsection (1)(b) is liable for [
(i) an injury in person, property, or means of support to:
(A) any third person[
(B) the [
person[
(ii) for the death of a third person.
(b) A person is liable under Subsection (1)(a) if:
(i) the person directly gives, sells, or otherwise provides an alcoholic beverage:
(A) to a person described in Subsection (1)(b)(ii); and
(B) as part of the commercial sale, storage, service, manufacture, distribution, or
consumption of alcoholic products;
(ii) those actions cause the intoxication of:
[
[
alcoholic [
[
or should have known from the circumstances was under the influence of intoxicating alcoholic
beverages or products or drugs; or
[
(iii) the injury or death described in Subsection (1)(a) results from the intoxication of the
individual who is provided the alcoholic beverage.
(2) (a) A person 21 years of age or older who is described in Subsection (2)(b) is liable for:
(i) an injury in person, property, or means of support to:
(A) any third person; or
(B) the heir, as defined in Section 78-11-6.5, of that third person; or
(ii) for the death of the third person.
(b) A person is liable under Subsection (2)(a) if:
(i) that person directly gives or otherwise provides an alcoholic beverage to an individual
who the person knows or should have known is under the age of 21 years;
(ii) those actions caused the intoxication of the individual provided the alcoholic beverage;
(iii) the injury or death described in Subsection (2)(a) results from the intoxication of the
individual who is provided the alcoholic beverage; and
(iv) the person is not liable under Subsection (1), because the person did not directly give
or provide the alcoholic beverage as part of the commercial sale, storage, service, manufacture,
distribution, or consumption of alcoholic products.
[
of its employees in violation of this chapter.
[
against the person who provided the alcoholic beverage in violation of Subsection (1) or (2).
[
provided by this chapter survive to or against that person's estate.
[
of action under this chapter that arises after [
$500,000 and the aggregate amount which may be awarded to all persons injured as a result of one
occurrence is limited to [
[
within two years after the date of the injury.
[
the person causing the injury.
[
[
on-premise beer retailer, or any other establishment serving alcoholic beverages as a result of the
employee having exercised the employee's independent judgment to refuse to sell alcoholic
beverages to any person the employee considers to meet one or more of the conditions described in
Subsection (1).
(b) Any employer who terminates an employee or imposes sanctions on the employee
contrary to this section is considered to have discriminated against that employee and is subject to
the conditions and penalties set forth in Title 35A, Chapter 5, Utah Antidiscrimination Act.
(10) This section does not apply to a general food store or other establishment licensed under
Chapter 10, Part 1, to sell beer at retail for off-premise consumption.
Section 2. Effective date.
This act takes effect on January 1, 1998.
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