H.B. 257 Enrolled

PROOF OF AGE UNDER THE ALCOHOLIC
BEVERAGE CODE
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Duane E. Bourdeaux
This act modifies the Alcoholic Beverage Code to address the use of identification under the
Alcoholic Beverage Code and to make conforming and technical changes including
addressing unlawful transfer or use, presentation of proof of age or other identifying forms,
and reliance on proof of age or other identifying forms. This act provides a coordination
clause.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
32A-1-105, as last amended by Chapter 1, Laws of Utah 2000
32A-1-301, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-1-302, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-1-303, as last amended by Chapter 263, Laws of Utah 1998
32A-1-304, as renumbered and amended by Chapter 23, Laws of Utah 1990
32A-12-221, as renumbered and amended by Chapter 23, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 32A-1-105 is amended to read:
32A-1-105. Definitions.
As used in this title:
(1) "Airport lounge" means a place of business licensed to sell alcoholic beverages, at
retail, for consumption on its premises located at an international airport with a United States
Customs office on its premises.
(2) "Alcoholic beverages" means "beer" and "liquor" as the terms are defined in this
section.
(3) (a) "Alcoholic products" means all products that contain at least 63/100 of 1% of
alcohol by volume or at least 1/2 of 1% by weight, and are obtained by fermentation, infusion,

decoction, brewing, distillation, or any other process that uses any liquid or combinations of liquids,
whether drinkable or not, to create alcohol in an amount greater than the amount prescribed in this
Subsection (3)(a).
(b) "Alcoholic products" does not include common extracts, vinegars, ciders, essences,
tinctures, food preparations, or over-the-counter drugs and medicines that otherwise come within this
definition.
(4) "Beer" means all products that contain 63/100 of 1% of alcohol by volume or 1/2 of 1%
of alcohol by weight, but not more than 4% of alcohol by volume or 3.2% by weight, and are
obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain
hops or other vegetable products. Beer includes products referred to as malt liquor, malted
beverages, or malt coolers.
(5) (a) "Beer retailer" means any business establishment engaged, primarily or incidentally,
in the retail sale or distribution of beer to public patrons, whether for consumption on or off the
establishment's premises, and that is licensed to sell beer by the commission, by a local authority,
or both.
(b) (i) "On-premise beer retailer" means any beer retailer engaged, primarily or incidentally,
in the sale or distribution of beer to public patrons for consumption on the beer retailer's premises.
(ii) "On-premise beer retailer" includes taverns.
(c) (i) "Tavern" means any business establishment engaged primarily in the retail sale or
distribution of beer to public patrons for consumption on the establishment's premises, and that is
licensed to sell beer under Chapter 10, Part 2, On-Premise Beer Retailer Licenses.
(ii) "Tavern" includes a beer bar, parlor, lounge, cabaret, and night club where the revenue
from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in the
establishment.
(6) "Billboard" means any light device, painting, drawing, poster, sign, signboard,
scoreboard, or other similar public display used to advertise, but does not include:
(a) displays on beer delivery vehicles if the displays do not overtly promote the consumption
of alcoholic beverages;

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(b) displays in taverns and private clubs, if the displays are not visible to persons
off-premises;
(c) point-of-sale displays, other than light devices, in retail establishments that sell beer for
off-premise consumption, if the displays are not visible to persons off-premises;
(d) private business signs on the premises of any business engaged primarily in the
distribution of beer;
(e) newspapers, magazines, circulars, programs, or other similar printed materials, if the
materials are not directed primarily to minors;
(f) menu boards in retail establishments that sell beer for on-premise consumption if the
menu boards also contain food items;
(g) handles on alcoholic beverage dispensing equipment that identify brands of products
being dispensed; and
(h) displays at the site of a temporary special event for which a single event liquor permit
has been obtained from the commission or a temporary special event beer permit has been obtained
from a local authority to inform attendees of the location where alcoholic beverages are being
dispensed.
(7) "Brewer" means any person engaged in manufacturing beer, malt liquor, or malted
beverages.
(8) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by a bus
company to a group of persons pursuant to a common purpose, under a single contract, and at a fixed
charge in accordance with the bus company's tariff, for the purpose of giving the group of persons
the exclusive use of the bus and a driver to travel together to a specified destination or destinations.
(9) "Church" means a building:
(a) set apart primarily for the purpose of worship;
(b) in which religious services are held;
(c) with which clergy is associated;
(d) the main body of which is kept for that use and not put to any other use inconsistent with
its primary purpose; and

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(e) which is tax exempt under the laws of this state.
(10) "Club" and "private club" means any nonprofit corporation operating as a social club,
recreational, fraternal, or athletic association, or kindred association organized primarily for the
benefit of its stockholders or members.
(11) "Commission" means the Alcoholic Beverage Control Commission.
(12) "Cork-finished wine" means a container of wine stopped by a cork and finished by foil,
lead, or other substance by the manufacturer.
(13) "Department" means the Department of Alcoholic Beverage Control.
(14) "Distressed merchandise" means any alcoholic beverage in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(15) "General food store" means any business establishment primarily engaged in selling
food and grocery supplies to public patrons for off-premise consumption.
(16) "Governing body" means the board of not fewer than five shareholders or voting
members of a private club who have been elected and authorized to control or conduct the business
and affairs of that club.
(17) "Guest" means a person accompanied by an active member or visitor of a club who
enjoys only those privileges derived from the host for the duration of the visit to the club.
(18) "Heavy beer" means all products that contain more than 4% alcohol by volume obtained
by fermentation, infusion, or decoction of any malted grain. "Heavy beer" is considered "liquor" for
the purposes of this title.
(19) "Identification card" means the identification card issued [by the commissioner of the
Department of Public Safety] under Title 53, Chapter 3, Part 8, Identification Card Act.
(20) "Interdicted person" means a person to whom the sale, gift, or provision of an alcoholic
beverage is prohibited by law or court order.
(21) "Licensee" means any person issued a license by the commission to sell, manufacture,
store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.
(22) "Limousine" means any motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:

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(a) in which the driver and passengers are separated by a partition, glass, or other barrier; and
(b) that is provided by a company to an individual or individuals at a fixed charge in
accordance with the company's tariff for the purpose of giving the individual or individuals the
exclusive use of the limousine and a driver to travel to a specified destination or destinations.
(23) (a) "Liquor" means alcohol, or any alcoholic, spiritous, vinous, fermented, malt, or other
liquid, or combination of liquids, a part of which is spiritous, vinous, or fermented, and all other
drinks, or drinkable liquids that contain more than 1/2 of 1% of alcohol by volume and is suitable
to use for beverage purposes.
(b) "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage
that has an alcohol content of less than 4% alcohol by volume.
(24) "Local authority" means:
(a) the county legislative body of the county if the premises are located in an unincorporated
area of a county; or
(b) the governing body of the city or town if the premises are located in an incorporated city
or town.
(25) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(26) "Member" means a person who, after paying regular dues, has full privileges of a club
under this title.
(27) "Minor" means any person under the age of 21 years.
(28) "Outlet" means a location other than a state store or package agency where alcoholic
beverages are sold pursuant to a license issued by the commission.
(29) "Package" means any container, bottle, vessel, or other receptacle containing liquor.
(30) "Package agency" means a retail liquor location operated under a contractual agreement
with the department, by a person other than the state, who is authorized by the commission to sell
package liquor for consumption off the premises of the agency.
(31) "Package agent" means any person permitted by the commission to operate a package
agency pursuant to a contractual agreement with the department to sell liquor from premises that the

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package agent shall provide and maintain.
(32) "Permittee" means any person issued a permit by the commission to perform acts or
exercise privileges as specifically granted in the permit.
(33) "Person" means any individual, partnership, firm, corporation, association, business
trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as
the singular number, unless the intent to give a more limited meaning is disclosed by the context.
(34) "Policy" means a statement of principles established by the commission to guide the
administration of this title and the management of the affairs of the department.
(35) "Premises" means any building, enclosure, room, or equipment used in connection with
the sale, storage, service, manufacture, distribution, or consumption of alcoholic products, unless
otherwise defined in this title or in the rules adopted by the commission.
(36) "Prescription" means a writing in legal form, signed by a physician or dentist and given
to a patient for obtaining an alcoholic beverage for medicinal purposes only.
(37) (a) "Privately hosted event" or "private social function" means a specific social,
business, or recreational event for which an entire room, area, or hall has been leased or rented, in
advance by an identified group, and the event or function is limited in attendance to people who have
been specifically designated and their guests.
(b) "Privately hosted event" and "private social function" does not include events or
functions to which the general public is invited, whether for an admission fee or not.
(38) "Proof of age" means:
(a) an identification card;
(b) an identification that:
(i) is substantially similar to an identification card;
(ii) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(iii) includes date of birth; and
(iv) has a picture affixed;
(c) a valid driver license certificate that:

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(i) includes date of birth;
(ii) has a picture affixed; and
(iii) is issued:
(A) under Title 53, Chapter 3, Uniform Driver License Act; or
(B) in accordance with the laws of the state in which it is issued;
(d) a military identification card that:
(i) includes date of birth; and
(ii) has a picture affixed; or
(e) a valid passport.
[(38)] (39) (a) "Public building" means any building or permanent structure owned or leased
by the state, a county, or local government entity that is used for:
(i) public education;
(ii) transacting public business; or
(iii) regularly conducting government activities.
(b) "Public building" does not mean or refer to any building owned by the state or a county
or local government entity when the building is used by anyone, in whole or in part, for proprietary
functions.
[(39)] (40) "Representative" means an individual who is compensated by salary,
commission, or any other means for representing and selling the alcoholic beverage products of a
manufacturer, supplier, or importer of liquor, wine, or heavy beer.
[(40)] (41) "Residence" means the person's principal place of abode within Utah.
[(41)] (42) "Restaurant" means any business establishment:
(a) where a variety of foods is prepared and complete meals are served to the general public;
(b) located on a premises having adequate culinary fixtures for food preparation and dining
accommodations; and
(c) that is engaged primarily in serving meals to the general public.
[(42)] (43) "Retailer" means any person engaged in the sale or distribution of alcoholic
beverages to the consumer.

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[(43)] (44) (a) "Rule" means a general statement adopted by the commission to guide the
activities of those regulated or employed by the department, to implement or interpret this title, or
to describe the organization, procedure, or practice requirements of the department in order to carry
out the intent of the law and ensure its uniform application. This definition includes any amendment
or repeal of a prior rule.
(b) "Rule" does not include a rule concerning only the internal management of the
department that does not affect private rights or procedures available to the public, including
intradepartmental memoranda.
[(44)] (45) (a) "Sample" includes:
(i) department samples;
(ii) industry representative samples; and
(iii) department trade show samples.
(b) "Department sample" means liquor, wine, and heavy beer that has been placed in the
possession of the department for testing, analysis, and sampling.
(c) "Department trade show sample" means liquor, wine, and heavy beer that has been placed
in the possession of the department for use in a trade show conducted by the department.
(d) "Industry representative sample" means liquor, wine, and heavy beer that has been placed
in the possession of the department for testing, analysis, and sampling by local industry
representatives on the premises of the department to educate themselves of the quality and
characteristics of the product.
(e) "Retail licensee wine tasting" means cork-finished wine checked out under the
procedures provided in Section 32A-12-603 :
(i) to a local industry representative holding a license described in Section 32A-8-501 ;
(ii) to conduct the tasting of cork-finished wines to a retail licensee licensed to sell wine at
retail for consumption on its premises; and
(iii) for the purpose of disseminating information and educating the retail licensees described
in Subsection [(44)] (45)(e)(ii) as to the quality and characteristics of the cork-finished wines.
[(45)] (46) (a) "School" means any building used primarily for the general education of

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minors.
(b) "School" does not include nursery schools, infant day care centers, or trade or technical
schools.
[(46)] (47) "Sell," "sale," and "to sell" means any transaction, exchange, or barter whereby,
for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited,
ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether
done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise
defined in this title or the rules made by the commission.
[(47)] (48) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer and heavy beer per year.
[(48)] (49) (a) "State label" means the official label designated by the commission affixed
to all liquor containers sold in the state.
(b) "State label" includes the department identification mark and inventory control number.
[(49)] (50) (a) "State store" means a facility for the sale of package liquor located on
premises owned or leased by the state and operated by state employees.
(b) "State store" does not apply to any licensee, permittee, or to package agencies.
[(50)] (51) "Supplier" means any person selling alcoholic beverages to the department.
[(51)] (52) "Temporary domicile" means the principal place of abode within Utah of a person
who does not have a present intention to continue residency within Utah permanently or indefinitely.
[(52)] (53) "Unsaleable liquor merchandise" means merchandise that is unsaleable because
it is unlabeled, leaky, damaged, difficult to open, partly filled, or is in a container having faded labels
or defective caps or corks, or in which the contents are cloudy, spoiled, or chemically determined
to be impure, or that contains sediment, or any foreign substance, or is otherwise considered by the
department as unfit for sale.
[(53)] (54) "Visitor" means a person holding limited privileges in a club by virtue of a visitor
card purchased from the club and authorized by a sponsoring member of the club.
[(54)] (55) "Warehouser" means any person, other than a licensed manufacturer, engaged
in the importation for sale, storage, or distribution of liquor regardless of amount.

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[(55)] (56) "Wholesaler" means any person engaged in the importation for sale, or in the sale
of beer in wholesale or jobbing quantities to retailers, other than a small brewer selling beer
manufactured by that brewer.
[(56)] (57) (a) "Wine" means any alcoholic beverage obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not
other ingredients are added.
(b) "Wine" is considered "liquor" for purposes of this title.
Section 2. Section 32A-1-301 is amended to read:
32A-1-301. Unlawful transfer or use of proof of age.
(1) It is unlawful for [the owner of an identification card] a person to transfer [the card] that
person's proof of age to any other person to aid that person:
(a) in procuring alcoholic beverages or products;
(b) to gain admittance to a place where alcoholic beverages or products are sold or
consumed; or
(c) to obtain any employment that [requires the employee to handle alcoholic products]
under this title may not be obtained by a minor.
(2) Any person who permits [his identification card] that person's proof of age to be used by
another for any purpose stated in this section is guilty of a class B misdemeanor.
Section 3. Section 32A-1-302 is amended to read:
32A-1-302. Presentation of proof of age upon request.
[An identification card shall be presented by the holder upon request of any person authorized
by law to sell or otherwise handle alcoholic beverages or upon request of any peace officer to
determine whether the person is 21 years of age if the holder desires to procure]
(1) To obtain one or more of the following, a person shall present proof of age at the request
of a person listed in Subsection (2):
(a) an alcoholic beverage or product; or [obtain]
(b) employment that [requires the employee to handle alcoholic products] under this title
may not be obtained by a minor.

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(2) To determine whether the person described in Subsection (1) is 21 years of age, the
following may request a person described in Subsection (1) to present proof of age:
(a) a person authorized by law to sell or otherwise handle alcoholic beverages or products;
(b) a peace officer;
(c) a representative of the Criminal Investigations Bureau of the Department of Public
Safety, established in Section 53-10-301 ; or
(d) an authorized employee of the department.
Section 4. Section 32A-1-303 is amended to read:
32A-1-303. Additional requirements when age is in question.
(1) In addition to requesting the presentation [by the holder] of [an identification card] proof
of age under Section 32A-1-302 , any person authorized to sell or otherwise handle alcoholic
beverages or products shall require any person whose age is in question to sign a statement of age
on the form provided under Subsection (2) that includes:
(a) the date the statement of age is signed; and
(b) the number [of] assigned to the person's [identification card] proof of age by the issuing
authority.
[(2) If the person does not have an identification card, he shall sign an additional statement
containing additional information as the commissioner of public safety requires.]
[(3) The statement and identifying information shall be written on a form provided by the]
(2) (a) At the request of a licensee, the commissioner of public safety [and filed
alphabetically by the] shall provide to a licensee under this title the form for the statement of age
described in Subsection (1).
(b) The person authorized to sell or otherwise handle alcoholic beverages or products
[before] shall:
(i) file in alphabetical order any statement of age obtained under Subsection (1) by no later
than the close of business on the day on which the statement is executed[.]; and
(ii) maintain on file for three years any statement of age obtained under Subsection (1).
[(4)] (c) The [form] statement of age obtained under Subsection (1) is subject to examination

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by [any]:
(i) a peace officer[,];
(ii) a representative of the Criminal Investigations Bureau of the Department of Public
Safety, established in Section 53-10-301 [,]; or
(iii) an authorized employee of the department.
Section 5. Section 32A-1-304 is amended to read:
32A-1-304. Acceptance of identification -- Evidence.
(1) [Any] A person authorized by law to sell or otherwise handle alcoholic beverages or
products may accept as evidence of the legal age [the identification card authorized by this part to
the person presenting it if the person completes a statement as required in] of the person presenting
the following:
(a) proof of age; or
(b) if a statement of age is required under Subsection 32A-1-303 (1):
(i) proof of age; and
(ii) a statement of age obtained under Section 32A-1-303 .
(2) [The] A statement of age described in Section 32A-1-303 , if properly completed, signed,
and filed in accordance with Section 32A-1-303 , may be offered as a defense in any case where there
is at issue the legality of:
(a) [the legality of] selling or otherwise furnishing an alcoholic beverage or product to the
person who signed the statement[,] of age; or
(b) allowing the person who signed the statement of age to be employed [to handle alcoholic
products, is under consideration] in any employment that under this title may not be obtained by a
minor.
(3) A person may not be subject to a penalty [may not be imposed] for a violation of this part
if it is proved to the commission or the court hearing the matter that the person charged with the
violation acted in good faith.
Section 6. Section 32A-12-221 is amended to read:
32A-12-221. Lawful detention.

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(1) (a) [Any state store employee, package agent, licensee, or permittee or the employee of
any of these, or any beer retailer or his employee, who has reason to believe that a person in the
facility where liquor or beer is sold is in violation of Section 32A-12-209 , 32A-12-210 , or
32A-12-211 may, for] For the purpose of informing a peace officer of [the] a suspected violation[,]
and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
(i) detain [the] a person; and
(ii) hold any form of identification presented by the person.
(b) The following may take an action described in Subsection (1)(a):
(i) a state store employee;
(ii) a package agent;
(iii) a licensee or permittee under this title;
(iv) a beer retailer; or
(v) an employee of a person described in Subsections (1)(b)(i) through (iv).
(c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a)
only:
(i) if that person has reason to believe that the person against whom the action is taken is:
(A) in a facility where liquor or beer is sold; and
(B) in violation of Section 32A-12-209 , 32A-12-210 , or 32A-12-211 ; and
(ii) (A) in a reasonable manner; and
(B) for a reasonable length of time.
(2) [The] Unless the detention is unreasonable under all circumstances, the detention or
failure to detain does not create criminal or civil liability for:
(a) false arrest[,];
(b) false imprisonment[,];
(c) slander[,]; or
(d) unlawful detention [unless the detention is unreasonable under all the circumstances].
Section 7. Coordination clause.
If this bill and H.B. 6, Public Safety Bureau Name Change, both pass, it is the intent of the

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Legislature that the reference in this bill in Subsection 32A-1-302 (2) to the "Criminal Investigations
Bureau" be changed to "State Bureau of Investigations."

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