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S.B. 59

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WINERY LICENSES AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Mike Dmitrich

5    AN ACT RELATING TO ALCOHOLIC BEVERAGES; AMENDING MANUFACTURING
6    LICENSE PROVISIONS; AND MAKING TECHNICAL CORRECTIONS.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    AMENDS:
9         32A-8-101, as last amended by Chapters 77 and 88, Laws of Utah 1994
10    Be it enacted by the Legislature of the state of Utah:
11        Section 1. Section 32A-8-101 is amended to read:
12         32A-8-101. Commission's power to grant licenses -- Limitations.
13        (1) The commission may issue alcoholic beverage manufacturing licenses to
14    manufacturers whose businesses are located in this state for the manufacture, storage, and sale of
15    alcoholic beverages for each type of license provided by this chapter.
16        (2) The type of manufacturing licenses issued under this chapter are known as winery
17    licenses, distillery licenses, and brewery licenses.
18        (3) (a) A person may not manufacture any alcoholic beverage unless an alcoholic beverage
19    manufacturing license has been issued by the commission.
20        (b) A separate license is required for each place of manufacture, storage, and sale of
21    alcoholic beverages.
22        (c) For purposes of obtaining a winery license under Part 2, at each place of manufacture
23    the winery licensee shall conduct the manufacturing activities of fermentation through bottling.
24        (d) Violation of this Subsection (3) is a class B misdemeanor.
25        (4) Brewers located outside the state are not required to be licensed under this chapter.
26    However, they must obtain a certificate of approval from the department before selling or
27    delivering beer to licensed beer wholesalers in this state, or if a small brewer, to licensed beer


1    wholesalers or retailers in this state.
2        (a) A brewer seeking a certificate of approval shall file a written application with the
3    department, in a form prescribed by the department. It shall be accompanied by:
4        (i) a nonrefundable $100 application fee;
5        (ii) an initial certificate of approval fee of $50 that is refundable if a certificate is not
6    granted;
7        (iii) evidence of authority from the United States Bureau of Alcohol, Tobacco, and
8    Firearms to brew beer and heavy beer products; and
9        (iv) any other information or documents the department may require.
10        (b) Each application shall be signed and verified by oath or affirmation by a partner if a
11    partnership, or by an executive officer, manager, or person specifically authorized by a corporation
12    or limited liability company to sign the application to which shall be attached written evidence of
13    this authority.
14        (c) All certificates of approval expire on December 31 of each year. Brewers desiring to
15    renew their certificates shall submit a renewal fee of $50, and a completed renewal application to
16    the department no later than November 30 of the year the certificate expires. Failure to meet the
17    renewal requirements shall result in an automatic forfeiture of the certificate effective on the date
18    the existing certificate expires. Renewal applications shall be in a form prescribed by the
19    department.
20        (5) The commission may prescribe by policy, directive, or rule, consistent with this title,
21    the general operational requirements of licensees relating to:
22        (a) physical facilities;
23        (b) conditions of sale, storage, or manufacture of alcoholic beverages;
24        (c) storage and sales quantity limitations; and
25        (d) other matters considered appropriate by the commission.


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Legislative Review Note
    as of 1-30-97 11:19 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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