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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 167
This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 24, 2010 at 2:10 PM by rday. --> This document includes House Committee Amendments incorporated into the bill on Wed, Mar 3, 2010 at 3:35 PM by lerror. --> 1
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7 LONG TITLE
8 General Description:
9 This bill recodifies the Alcoholic Beverage Code and updates language related to the
10 regulation of an alcoholic product.
11 Highlighted Provisions:
12 This bill:
13 . repeals Title 32A, Alcoholic Beverage Control Act, and replaces it with Title 32B,
14 Alcoholic Beverage Control Act, including:
15 . modifying terminology and inconsistency in use of terms;
16 . removing outdated language;
17 . clarifying that disciplinary action can be taken if certain actions are taken with a
18 record required to be made or maintained under the title;
19 . permitting a commissioner to serve until a successor is appointed with the
20 consent of the Senate;
21 . clarifying that the commission by rule may establish different types of package
22 agencies;
23 . clarifying the posting of bonds related to a package agency;
24 . clarifying penalties that may be imposed by the commission against a person
25 subject to administrative action;
26 . clarifying when the department may make a claim against a bond;
27 . clarifying the department's authority to require purchases to be made in cash by
House Committee Amendments 3-3-2010 le/po
Senate Committee Amendments 2-24-2010 rd/po
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persons who have payed with a dishonored check;28
29 . clarifying when a violation of commission rules is not a criminal offense;
30 . clarifying that if an applicant for a license or permit is a government entity, it
31 may be exempted from certain requirements;
32 . renaming certain licenses and permits;
33 . removing certain price and posting requirements for an event permit; and
34 . removing the health care facility use permit; and
35 . makes technical and conforming amendments.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill provides an effective date.
39a S. This bill coordinates with H. [
39b1 Anti-violence Coordinating
39b Council Amendments, to technically merge amendments.
39c This bill coordinates with H.B. 223, Alcoholic Beverage Control Act and Licenses, to
39d technically merge amendments. .S
39e H. This bill provides revisor instructions. .H
40 Utah Code Sections Affected:
41 AMENDS:
42 11-10-1, as last amended by Laws of Utah 2009, Chapter 383
43 13-7-2, as last amended by Laws of Utah 1987, Chapter 92
44 26-38-2, as last amended by Laws of Utah 2009, Chapter 383
45 29-2-102, as enacted by Laws of Utah 1995, Chapter 231
46 41-6a-526, as renumbered and amended by Laws of Utah 2005, Chapter 2
47 53-3-207, as last amended by Laws of Utah 2009, Chapter 315
48 53-3-219, as last amended by Laws of Utah 2009, Chapter 390
49 53-3-220, as last amended by Laws of Utah 2009, Chapters 105, 291, 328, and 353
50 53-3-229, as last amended by Laws of Utah 2005, Chapter 197
51 53-3-231, as last amended by Laws of Utah 2009, Chapters 18, 40, and 390
52 53-3-806, as last amended by Laws of Utah 2009, Chapter 315
53 53-3-810, as last amended by Laws of Utah 2005, Chapter 197
54 53-10-102, as last amended by Laws of Utah 2009, Chapter 73
55 53-10-112, as renumbered and amended by Laws of Utah 1998, Chapter 263
56 53-10-113, as renumbered and amended by Laws of Utah 1998, Chapter 263
57 53-10-304, as last amended by Laws of Utah 2000, Chapter 1
58 53-10-305, as last amended by Laws of Utah 2009, Chapter 383
59
60 58-37-2, as last amended by Laws of Utah 2009, Chapter 42
61 58-82-102 (Effective 07/01/12), as enacted by Laws of Utah 2009, Chapter 47
62 59-15-101, as last amended by Laws of Utah 2003, Chapter 307
63 59-15-109, as last amended by Laws of Utah 2003, Second Special Session, Chapter 5
64 62A-15-401, as last amended by Laws of Utah 2008, Chapter 382
65 63G-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
66 76-5-113, as last amended by Laws of Utah 2008, Chapters 317 and 391
67 76-10-1506, as last amended by Laws of Utah 2005, Chapter 2
68 76-10-1602, as last amended by Laws of Utah 2008, Chapters 292, 298, 370, and 382
69 77-39-101, as last amended by Laws of Utah 2006, Chapter 342
70 78A-6-117, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78A-6-606, as last amended by Laws of Utah 2009, Chapters 353 and 390
72 78A-6-1001, as last amended by Laws of Utah 2009, Chapter 19
73 78A-6-1202, as renumbered and amended by Laws of Utah 2008, Chapter 3
74 78B-6-1602, as enacted by Laws of Utah 2009, Chapter 187
75 ENACTS:
76 32B-1-101, Utah Code Annotated 1953
77 32B-1-102, Utah Code Annotated 1953
78 32B-1-103, Utah Code Annotated 1953
79 32B-1-104, Utah Code Annotated 1953
80 32B-1-201, Utah Code Annotated 1953
81 32B-1-202, Utah Code Annotated 1953
82 32B-1-203, Utah Code Annotated 1953
83 32B-1-204, Utah Code Annotated 1953
84 32B-1-205, Utah Code Annotated 1953
85 32B-1-301, Utah Code Annotated 1953
86 32B-1-302, Utah Code Annotated 1953
87 32B-1-303, Utah Code Annotated 1953
88 32B-1-304, Utah Code Annotated 1953
89 32B-1-305, Utah Code Annotated 1953
90
91 32B-1-307, Utah Code Annotated 1953
92 32B-1-401, Utah Code Annotated 1953
93 32B-1-402, Utah Code Annotated 1953
94 32B-1-403, Utah Code Annotated 1953
95 32B-1-404, Utah Code Annotated 1953
96 32B-1-405, Utah Code Annotated 1953
97 32B-1-406, Utah Code Annotated 1953
98 32B-1-407, Utah Code Annotated 1953
99 32B-1-408, Utah Code Annotated 1953
100 32B-1-501, Utah Code Annotated 1953
101 32B-1-502, Utah Code Annotated 1953
102 32B-1-503, Utah Code Annotated 1953
103 32B-1-504, Utah Code Annotated 1953
104 32B-1-505, Utah Code Annotated 1953
105 32B-1-506, Utah Code Annotated 1953
106 32B-1-601, Utah Code Annotated 1953
107 32B-1-602, Utah Code Annotated 1953
108 32B-1-603, Utah Code Annotated 1953
109 32B-1-604, Utah Code Annotated 1953
110 32B-1-605, Utah Code Annotated 1953
111 32B-1-606, Utah Code Annotated 1953
112 32B-1-607, Utah Code Annotated 1953
113 32B-1-608, Utah Code Annotated 1953
114 32B-2-101, Utah Code Annotated 1953
115 32B-2-102, Utah Code Annotated 1953
116 32B-2-201, Utah Code Annotated 1953
117 32B-2-202, Utah Code Annotated 1953
118 32B-2-203, Utah Code Annotated 1953
119 32B-2-204, Utah Code Annotated 1953
120 32B-2-205, Utah Code Annotated 1953
121
122 32B-2-207, Utah Code Annotated 1953
123 32B-2-208, Utah Code Annotated 1953
124 32B-2-301, Utah Code Annotated 1953
125 32B-2-302, Utah Code Annotated 1953
126 32B-2-303, Utah Code Annotated 1953
127 32B-2-304, Utah Code Annotated 1953
128 32B-2-401, Utah Code Annotated 1953
129 32B-2-402, Utah Code Annotated 1953
130 32B-2-403, Utah Code Annotated 1953
131 32B-2-404, Utah Code Annotated 1953
132 32B-2-405, Utah Code Annotated 1953
133 32B-2-501, Utah Code Annotated 1953
134 32B-2-502, Utah Code Annotated 1953
135 32B-2-503, Utah Code Annotated 1953
136 32B-2-504, Utah Code Annotated 1953
137 32B-2-601, Utah Code Annotated 1953
138 32B-2-602, Utah Code Annotated 1953
139 32B-2-603, Utah Code Annotated 1953
140 32B-2-604, Utah Code Annotated 1953
141 32B-2-605, Utah Code Annotated 1953
142 32B-2-606, Utah Code Annotated 1953
143 32B-2-607, Utah Code Annotated 1953
144 32B-3-101, Utah Code Annotated 1953
145 32B-3-102, Utah Code Annotated 1953
146 32B-3-201, Utah Code Annotated 1953
147 32B-3-202, Utah Code Annotated 1953
148 32B-3-203, Utah Code Annotated 1953
149 32B-3-204, Utah Code Annotated 1953
150 32B-3-205, Utah Code Annotated 1953
151 32B-3-206, Utah Code Annotated 1953
152
153 32B-3-301, Utah Code Annotated 1953
154 32B-3-302, Utah Code Annotated 1953
155 32B-3-303, Utah Code Annotated 1953
156 32B-3-304, Utah Code Annotated 1953
157 32B-3-305, Utah Code Annotated 1953
158 32B-3-306, Utah Code Annotated 1953
159 32B-3-307, Utah Code Annotated 1953
160 32B-4-101, Utah Code Annotated 1953
161 32B-4-102, Utah Code Annotated 1953
162 32B-4-201, Utah Code Annotated 1953
163 32B-4-202, Utah Code Annotated 1953
164 32B-4-203, Utah Code Annotated 1953
165 32B-4-204, Utah Code Annotated 1953
166 32B-4-205, Utah Code Annotated 1953
167 32B-4-206, Utah Code Annotated 1953
168 32B-4-207, Utah Code Annotated 1953
169 32B-4-208, Utah Code Annotated 1953
170 32B-4-209, Utah Code Annotated 1953
171 32B-4-301, Utah Code Annotated 1953
172 32B-4-302, Utah Code Annotated 1953
173 32B-4-303, Utah Code Annotated 1953
174 32B-4-304, Utah Code Annotated 1953
175 32B-4-305, Utah Code Annotated 1953
176 32B-4-401, Utah Code Annotated 1953
177 32B-4-402, Utah Code Annotated 1953
178 32B-4-403, Utah Code Annotated 1953
179 32B-4-404, Utah Code Annotated 1953
180 32B-4-405, Utah Code Annotated 1953
181 32B-4-406, Utah Code Annotated 1953
182 32B-4-407, Utah Code Annotated 1953
183
184 32B-4-409, Utah Code Annotated 1953
185 32B-4-410, Utah Code Annotated 1953
186 32B-4-411, Utah Code Annotated 1953
187 32B-4-412, Utah Code Annotated 1953
188 32B-4-413, Utah Code Annotated 1953
189 32B-4-414, Utah Code Annotated 1953
190 32B-4-415, Utah Code Annotated 1953
191 32B-4-416, Utah Code Annotated 1953
192 32B-4-417, Utah Code Annotated 1953
193 32B-4-418, Utah Code Annotated 1953
194 32B-4-419, Utah Code Annotated 1953
195 32B-4-420, Utah Code Annotated 1953
196 32B-4-421, Utah Code Annotated 1953
197 32B-4-422, Utah Code Annotated 1953
198 32B-4-501, Utah Code Annotated 1953
199 32B-4-502, Utah Code Annotated 1953
200 32B-4-503, Utah Code Annotated 1953
201 32B-4-504, Utah Code Annotated 1953
202 32B-4-505, Utah Code Annotated 1953
203 32B-4-506, Utah Code Annotated 1953
204 32B-4-507, Utah Code Annotated 1953
205 32B-4-508, Utah Code Annotated 1953
206 32B-4-509, Utah Code Annotated 1953
207 32B-4-510, Utah Code Annotated 1953
208 32B-4-601, Utah Code Annotated 1953
209 32B-4-602, Utah Code Annotated 1953
210 32B-4-603, Utah Code Annotated 1953
211 32B-4-701, Utah Code Annotated 1953
212 32B-4-702, Utah Code Annotated 1953
213 32B-4-703, Utah Code Annotated 1953
214
215 32B-4-705, Utah Code Annotated 1953
216 32B-4-706, Utah Code Annotated 1953
217 32B-4-707, Utah Code Annotated 1953
218 32B-4-708, Utah Code Annotated 1953
219 32B-5-101, Utah Code Annotated 1953
220 32B-5-102, Utah Code Annotated 1953
221 32B-5-201, Utah Code Annotated 1953
222 32B-5-202, Utah Code Annotated 1953
223 32B-5-203, Utah Code Annotated 1953
224 32B-5-204, Utah Code Annotated 1953
225 32B-5-205, Utah Code Annotated 1953
226 32B-5-206, Utah Code Annotated 1953
227 32B-5-301, Utah Code Annotated 1953
228 32B-5-302, Utah Code Annotated 1953
229 32B-5-303, Utah Code Annotated 1953
230 32B-5-304, Utah Code Annotated 1953
231 32B-5-305, Utah Code Annotated 1953
232 32B-5-306, Utah Code Annotated 1953
233 32B-5-307, Utah Code Annotated 1953
234 32B-5-308, Utah Code Annotated 1953
235 32B-5-309, Utah Code Annotated 1953
236 32B-5-310, Utah Code Annotated 1953
237 32B-5-401, Utah Code Annotated 1953
238 32B-5-402, Utah Code Annotated 1953
239 32B-5-403, Utah Code Annotated 1953
240 32B-5-404, Utah Code Annotated 1953
241 32B-6-101, Utah Code Annotated 1953
242 32B-6-102, Utah Code Annotated 1953
243 32B-6-201, Utah Code Annotated 1953
244 32B-6-202, Utah Code Annotated 1953
245
246 32B-6-204, Utah Code Annotated 1953
247 32B-6-205, Utah Code Annotated 1953
248 32B-6-205.1, Utah Code Annotated 1953
249 32B-6-301, Utah Code Annotated 1953
250 32B-6-302, Utah Code Annotated 1953
251 32B-6-303, Utah Code Annotated 1953
252 32B-6-304, Utah Code Annotated 1953
253 32B-6-305, Utah Code Annotated 1953
254 32B-6-305.1, Utah Code Annotated 1953
255 32B-6-401, Utah Code Annotated 1953
256 32B-6-402, Utah Code Annotated 1953
257 32B-6-403, Utah Code Annotated 1953
258 32B-6-404, Utah Code Annotated 1953
259 32B-6-405, Utah Code Annotated 1953
260 32B-6-406, Utah Code Annotated 1953
261 32B-6-406.1, Utah Code Annotated 1953
262 32B-6-407, Utah Code Annotated 1953
263 32B-6-408, Utah Code Annotated 1953
264 32B-6-501, Utah Code Annotated 1953
265 32B-6-502, Utah Code Annotated 1953
266 32B-6-503, Utah Code Annotated 1953
267 32B-6-504, Utah Code Annotated 1953
268 32B-6-505, Utah Code Annotated 1953
269 32B-6-601, Utah Code Annotated 1953
270 32B-6-602, Utah Code Annotated 1953
271 32B-6-603, Utah Code Annotated 1953
272 32B-6-604, Utah Code Annotated 1953
273 32B-6-605, Utah Code Annotated 1953
274 32B-6-701, Utah Code Annotated 1953
275 32B-6-702, Utah Code Annotated 1953
276
277 32B-6-704, Utah Code Annotated 1953
278 32B-6-705, Utah Code Annotated 1953
279 32B-6-706, Utah Code Annotated 1953
280 32B-6-707, Utah Code Annotated 1953
281 32B-6-708, Utah Code Annotated 1953
282 32B-7-101, Utah Code Annotated 1953
283 32B-7-102, Utah Code Annotated 1953
284 32B-7-201, Utah Code Annotated 1953
285 32B-7-202, Utah Code Annotated 1953
286 32B-7-301, Utah Code Annotated 1953
287 32B-7-302, Utah Code Annotated 1953
288 32B-7-303, Utah Code Annotated 1953
289 32B-7-304, Utah Code Annotated 1953
290 32B-7-305, Utah Code Annotated 1953
291 32B-8-101, Utah Code Annotated 1953
292 32B-8-102, Utah Code Annotated 1953
293 32B-8-201, Utah Code Annotated 1953
294 32B-8-202, Utah Code Annotated 1953
295 32B-8-203, Utah Code Annotated 1953
296 32B-8-204, Utah Code Annotated 1953
297 32B-8-301, Utah Code Annotated 1953
298 32B-8-302, Utah Code Annotated 1953
299 32B-8-303, Utah Code Annotated 1953
300 32B-8-304, Utah Code Annotated 1953
301 32B-8-401, Utah Code Annotated 1953
302 32B-8-402, Utah Code Annotated 1953
303 32B-8-501, Utah Code Annotated 1953
304 32B-8-502, Utah Code Annotated 1953
305 32B-8-503, Utah Code Annotated 1953
306 32B-9-101, Utah Code Annotated 1953
307
308 32B-9-201, Utah Code Annotated 1953
309 32B-9-202, Utah Code Annotated 1953
310 32B-9-203, Utah Code Annotated 1953
311 32B-9-204, Utah Code Annotated 1953
312 32B-9-301, Utah Code Annotated 1953
313 32B-9-302, Utah Code Annotated 1953
314 32B-9-303, Utah Code Annotated 1953
315 32B-9-304, Utah Code Annotated 1953
316 32B-9-305, Utah Code Annotated 1953
317 32B-9-401, Utah Code Annotated 1953
318 32B-9-402, Utah Code Annotated 1953
319 32B-9-403, Utah Code Annotated 1953
320 32B-9-404, Utah Code Annotated 1953
321 32B-9-405, Utah Code Annotated 1953
322 32B-9-406, Utah Code Annotated 1953
323 32B-10-101, Utah Code Annotated 1953
324 32B-10-102, Utah Code Annotated 1953
325 32B-10-201, Utah Code Annotated 1953
326 32B-10-202, Utah Code Annotated 1953
327 32B-10-203, Utah Code Annotated 1953
328 32B-10-204, Utah Code Annotated 1953
329 32B-10-205, Utah Code Annotated 1953
330 32B-10-206, Utah Code Annotated 1953
331 32B-10-207, Utah Code Annotated 1953
332 32B-10-301, Utah Code Annotated 1953
333 32B-10-302, Utah Code Annotated 1953
334 32B-10-303, Utah Code Annotated 1953
335 32B-10-304, Utah Code Annotated 1953
336 32B-10-401, Utah Code Annotated 1953
337 32B-10-402, Utah Code Annotated 1953
338
339 32B-10-404, Utah Code Annotated 1953
340 32B-10-501, Utah Code Annotated 1953
341 32B-10-502, Utah Code Annotated 1953
342 32B-10-503, Utah Code Annotated 1953
343 32B-10-601, Utah Code Annotated 1953
344 32B-10-602, Utah Code Annotated 1953
345 32B-10-603, Utah Code Annotated 1953
346 32B-10-604, Utah Code Annotated 1953
347 32B-10-605, Utah Code Annotated 1953
348 32B-10-701, Utah Code Annotated 1953
349 32B-10-702, Utah Code Annotated 1953
350 32B-10-703, Utah Code Annotated 1953
351 32B-10-704, Utah Code Annotated 1953
352 32B-11-101, Utah Code Annotated 1953
353 32B-11-102, Utah Code Annotated 1953
354 32B-11-201, Utah Code Annotated 1953
355 32B-11-202, Utah Code Annotated 1953
356 32B-11-203, Utah Code Annotated 1953
357 32B-11-204, Utah Code Annotated 1953
358 32B-11-205, Utah Code Annotated 1953
359 32B-11-206, Utah Code Annotated 1953
360 32B-11-207, Utah Code Annotated 1953
361 32B-11-208, Utah Code Annotated 1953
362 32B-11-209, Utah Code Annotated 1953
363 32B-11-301, Utah Code Annotated 1953
364 32B-11-302, Utah Code Annotated 1953
365 32B-11-303, Utah Code Annotated 1953
366 32B-11-401, Utah Code Annotated 1953
367 32B-11-402, Utah Code Annotated 1953
368 32B-11-403, Utah Code Annotated 1953
369
370 32B-11-502, Utah Code Annotated 1953
371 32B-11-503, Utah Code Annotated 1953
372 32B-11-601, Utah Code Annotated 1953
373 32B-11-602, Utah Code Annotated 1953
374 32B-11-603, Utah Code Annotated 1953
375 32B-11-604, Utah Code Annotated 1953
376 32B-11-605, Utah Code Annotated 1953
377 32B-11-606, Utah Code Annotated 1953
378 32B-11-607, Utah Code Annotated 1953
379 32B-11-608, Utah Code Annotated 1953
380 32B-11-609, Utah Code Annotated 1953
381 32B-12-101, Utah Code Annotated 1953
382 32B-12-102, Utah Code Annotated 1953
383 32B-12-201, Utah Code Annotated 1953
384 32B-12-202, Utah Code Annotated 1953
385 32B-12-203, Utah Code Annotated 1953
386 32B-12-204, Utah Code Annotated 1953
387 32B-12-205, Utah Code Annotated 1953
388 32B-12-206, Utah Code Annotated 1953
389 32B-12-301, Utah Code Annotated 1953
390 32B-12-302, Utah Code Annotated 1953
391 32B-13-101, Utah Code Annotated 1953
392 32B-13-102, Utah Code Annotated 1953
393 32B-13-201, Utah Code Annotated 1953
394 32B-13-202, Utah Code Annotated 1953
395 32B-13-203, Utah Code Annotated 1953
396 32B-13-204, Utah Code Annotated 1953
397 32B-13-205, Utah Code Annotated 1953
398 32B-13-206, Utah Code Annotated 1953
399 32B-13-301, Utah Code Annotated 1953
400
401 32B-14-101, Utah Code Annotated 1953
402 32B-14-102, Utah Code Annotated 1953
403 32B-14-103, Utah Code Annotated 1953
404 32B-14-201, Utah Code Annotated 1953
405 32B-14-202, Utah Code Annotated 1953
406 32B-14-301, Utah Code Annotated 1953
407 32B-14-302, Utah Code Annotated 1953
408 32B-14-303, Utah Code Annotated 1953
409 32B-14-304, Utah Code Annotated 1953
410 32B-14-305, Utah Code Annotated 1953
411 32B-14-401, Utah Code Annotated 1953
412 32B-14-402, Utah Code Annotated 1953
413 32B-15-101, Utah Code Annotated 1953
414 32B-15-102, Utah Code Annotated 1953
415 32B-15-201, Utah Code Annotated 1953
416 32B-15-202, Utah Code Annotated 1953
417 32B-15-203, Utah Code Annotated 1953
418 32B-15-301, Utah Code Annotated 1953
419 32B-15-302, Utah Code Annotated 1953
420 32B-16-101, Utah Code Annotated 1953
421 32B-16-102, Utah Code Annotated 1953
422 32B-16-201, Utah Code Annotated 1953
423 32B-16-301, Utah Code Annotated 1953
424 32B-16-302, Utah Code Annotated 1953
425 REPEALS:
426 32A-1-101, as renumbered and amended by Laws of Utah 1990, Chapter 23
427 32A-1-102, as last amended by Laws of Utah 2007, Chapter 284
428 32A-1-103, as renumbered and amended by Laws of Utah 1990, Chapter 23
429 32A-1-104, as last amended by Laws of Utah 2003, Chapter 314
430 32A-1-105, as last amended by Laws of Utah 2009, Chapter 383
431
432 32A-1-107, as last amended by Laws of Utah 2009, Chapters 190 and 383
433 32A-1-108, as last amended by Laws of Utah 2007, Chapter 284
434 32A-1-109, as last amended by Laws of Utah 2009, Chapter 383
435 32A-1-110, as renumbered and amended by Laws of Utah 1990, Chapter 23
436 32A-1-111, as last amended by Laws of Utah 2003, Chapter 314
437 32A-1-112, as renumbered and amended by Laws of Utah 1990, Chapter 23
438 32A-1-113, as last amended by Laws of Utah 2003, Chapter 314
439 32A-1-115, as last amended by Laws of Utah 2009, Chapter 383
440 32A-1-116, as last amended by Laws of Utah 2008, Chapter 391
441 32A-1-117, as last amended by Laws of Utah 2000, Chapter 1
442 32A-1-118, as last amended by Laws of Utah 2008, Chapter 382
443 32A-1-119, as last amended by Laws of Utah 2009, Chapters 190 and 383
444 32A-1-119.5, as last amended by Laws of Utah 2009, Chapters 356 and 383
445 32A-1-120, as last amended by Laws of Utah 2008, Chapters 317 and 382
446 32A-1-121, as last amended by Laws of Utah 2000, Chapter 1
447 32A-1-122, as last amended by Laws of Utah 2008, Chapters 98 and 391
448 32A-1-123, as last amended by Laws of Utah 2003, Chapter 314
449 32A-1-301, as last amended by Laws of Utah 2009, Chapter 353
450 32A-1-302, as last amended by Laws of Utah 2008, Chapter 391
451 32A-1-303, as last amended by Laws of Utah 2002, Chapters 5 and 161
452 32A-1-304, as last amended by Laws of Utah 2008, Chapters 322 and 391
453 32A-1-304.5, as enacted by Laws of Utah 2009, Chapter 383
454 32A-1-305, as last amended by Laws of Utah 2009, Chapter 353
455 32A-1-401, as last amended by Laws of Utah 2007, Chapter 284
456 32A-1-601, as enacted by Laws of Utah 2007, Chapter 284
457 32A-1-602, as enacted by Laws of Utah 2007, Chapter 284
458 32A-1-603, as last amended by Laws of Utah 2009, Chapter 383
459 32A-1-604, as enacted by Laws of Utah 2007, Chapter 284
460 32A-1-701, as enacted by Laws of Utah 2008, Chapter 391
461 32A-1-702, as enacted by Laws of Utah 2008, Chapter 391
462
463 32A-1-704, as enacted by Laws of Utah 2008, Chapter 391
464 32A-1-801, as enacted by Laws of Utah 2008, Chapter 391
465 32A-1-802, as enacted by Laws of Utah 2008, Chapter 391
466 32A-1-803, as enacted by Laws of Utah 2008, Chapter 391
467 32A-1-804, as enacted by Laws of Utah 2008, Chapter 391
468 32A-1-805, as enacted by Laws of Utah 2008, Chapter 391
469 32A-1-806, as enacted by Laws of Utah 2008, Chapter 391
470 32A-1-807, as enacted by Laws of Utah 2008, Chapter 391
471 32A-1-808, as enacted by Laws of Utah 2008, Chapter 391
472 32A-1-809, as enacted by Laws of Utah 2008, Chapter 391
473 32A-2-101, as last amended by Laws of Utah 2008, Chapter 391
474 32A-2-102, as renumbered and amended by Laws of Utah 1990, Chapter 23
475 32A-2-103, as last amended by Laws of Utah 2009, Chapter 383
476 32A-2-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
477 32A-3-101, as last amended by Laws of Utah 2008, Chapter 391
478 32A-3-102, as last amended by Laws of Utah 2008, Chapter 391
479 32A-3-103, as last amended by Laws of Utah 2003, Chapter 314
480 32A-3-104, as last amended by Laws of Utah 1993, Chapter 4
481 32A-3-105, as last amended by Laws of Utah 1991, Chapter 132
482 32A-3-106, as last amended by Laws of Utah 2009, Chapter 383
483 32A-3-107, as renumbered and amended by Laws of Utah 1990, Chapter 23
484 32A-3-108, as last amended by Laws of Utah 2003, Chapter 314
485 32A-4-101, as last amended by Laws of Utah 2009, Chapter 383
486 32A-4-102, as last amended by Laws of Utah 2009, Chapter 383
487 32A-4-103, as last amended by Laws of Utah 2008, Chapters 26 and 382
488 32A-4-104, as last amended by Laws of Utah 2008, Chapter 391
489 32A-4-105, as last amended by Laws of Utah 2003, Chapter 314
490 32A-4-106, as last amended by Laws of Utah 2009, Chapter 383
491 32A-4-201, as last amended by Laws of Utah 2003, Chapter 314
492 32A-4-202, as last amended by Laws of Utah 2009, Chapter 383
493
494 32A-4-204, as enacted by Laws of Utah 1990, Chapter 23
495 32A-4-205, as enacted by Laws of Utah 1990, Chapter 23
496 32A-4-206, as last amended by Laws of Utah 2008, Chapter 391
497 32A-4-301, as enacted by Laws of Utah 2003, Chapter 314
498 32A-4-302, as last amended by Laws of Utah 2009, Chapter 383
499 32A-4-303, as last amended by Laws of Utah 2009, Chapter 383
500 32A-4-304, as last amended by Laws of Utah 2008, Chapter 382
501 32A-4-305, as last amended by Laws of Utah 2008, Chapter 391
502 32A-4-306, as enacted by Laws of Utah 2003, Chapter 314
503 32A-4-307, as last amended by Laws of Utah 2009, Chapter 383
504 32A-4-401, as last amended by Laws of Utah 2009, Chapter 383
505 32A-4-402, as last amended by Laws of Utah 2009, Chapter 383
506 32A-4-403, as last amended by Laws of Utah 2008, Chapter 382
507 32A-4-404, as enacted by Laws of Utah 2003, Chapter 314
508 32A-4-405, as enacted by Laws of Utah 2003, Chapter 314
509 32A-4-406, as last amended by Laws of Utah 2008, Chapters 266, 382, and 391
510 32A-4a-101, as enacted by Laws of Utah 2009, Chapter 383
511 32A-4a-102, as enacted by Laws of Utah 2009, Chapter 383
512 32A-4a-201, as enacted by Laws of Utah 2009, Chapter 383
513 32A-4a-202, as enacted by Laws of Utah 2009, Chapter 383
514 32A-4a-203, as enacted by Laws of Utah 2009, Chapter 383
515 32A-4a-204, as enacted by Laws of Utah 2009, Chapter 383
516 32A-4a-205, as enacted by Laws of Utah 2009, Chapter 383
517 32A-4a-301, as enacted by Laws of Utah 2009, Chapter 383
518 32A-4a-302, as enacted by Laws of Utah 2009, Chapter 383
519 32A-4a-303, as enacted by Laws of Utah 2009, Chapter 383
520 32A-4a-304, as enacted by Laws of Utah 2009, Chapter 383
521 32A-4a-305, as enacted by Laws of Utah 2009, Chapter 383
522 32A-4a-401, as enacted by Laws of Utah 2009, Chapter 383
523 32A-4a-402, as enacted by Laws of Utah 2009, Chapter 383
524
525 32A-4a-502, as enacted by Laws of Utah 2009, Chapter 383
526 32A-4a-503, as enacted by Laws of Utah 2009, Chapter 383
527 32A-5-101, as last amended by Laws of Utah 2009, Chapter 383
528 32A-5-102 (Subsec (1)(j) Superseded 07/01/10), as last amended by Laws of Utah
529 2009, Chapter 383
530 32A-5-102 (Subsec (1)(j) Effective 07/01/10), as last amended by Laws of Utah 2009,
531 Chapter 383
532 32A-5-103, as last amended by Laws of Utah 2009, Chapter 383
533 32A-5-104, as last amended by Laws of Utah 2009, Chapter 383
534 32A-5-106, as last amended by Laws of Utah 2009, Chapter 383
535 32A-5-107, as last amended by Laws of Utah 2009, Chapters 356 and 383
536 32A-5-109, as enacted by Laws of Utah 2009, Chapter 383
537 32A-5-110, as enacted by Laws of Utah 2009, Chapter 190
538 32A-6-101, as renumbered and amended by Laws of Utah 1990, Chapter 23
539 32A-6-102, as last amended by Laws of Utah 2003, Chapter 314
540 32A-6-103, as last amended by Laws of Utah 2008, Chapter 382
541 32A-6-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
542 32A-6-105, as last amended by Laws of Utah 2003, Chapter 314
543 32A-6-201, as last amended by Laws of Utah 2003, Chapter 314
544 32A-6-202, as last amended by Laws of Utah 2003, Chapter 314
545 32A-6-301, as last amended by Laws of Utah 2007, Chapter 284
546 32A-6-302, as last amended by Laws of Utah 2007, Chapter 284
547 32A-6-401, as last amended by Laws of Utah 2003, Chapter 314
548 32A-6-501, as last amended by Laws of Utah 2003, Chapter 314
549 32A-6-502, as enacted by Laws of Utah 2003, Chapter 314
550 32A-6-503, as enacted by Laws of Utah 2003, Chapter 314
551 32A-6-601, as last amended by Laws of Utah 1991, Chapter 5
552 32A-6-602, as renumbered and amended by Laws of Utah 1990, Chapter 23
553 32A-6-603, as enacted by Laws of Utah 2003, Chapter 314
554 32A-7-101, as last amended by Laws of Utah 2008, Chapters 108 and 391
555
556 32A-7-103, as last amended by Laws of Utah 2008, Chapter 382
557 32A-7-104, as last amended by Laws of Utah 2006, Chapter 162
558 32A-7-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
559 32A-7-106, as last amended by Laws of Utah 2008, Chapters 266 and 391
560 32A-8-101, as last amended by Laws of Utah 2009, Chapters 160 and 356
561 32A-8-102, as last amended by Laws of Utah 2007, Chapter 284
562 32A-8-103, as last amended by Laws of Utah 2008, Chapter 382
563 32A-8-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
564 32A-8-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
565 32A-8-106, as last amended by Laws of Utah 2007, Chapter 284
566 32A-8-201, as last amended by Laws of Utah 1991, Chapter 277
567 32A-8-301, as renumbered and amended by Laws of Utah 1990, Chapter 23
568 32A-8-401, as last amended by Laws of Utah 2008, Chapter 391
569 32A-8-501, as last amended by Laws of Utah 2008, Chapter 391
570 32A-8-502, as last amended by Laws of Utah 2003, Chapter 314
571 32A-8-503, as last amended by Laws of Utah 2008, Chapters 382 and 391
572 32A-8-504, as enacted by Laws of Utah 1993, Chapter 20
573 32A-8-505, as last amended by Laws of Utah 2008, Chapter 391
574 32A-9-101, as last amended by Laws of Utah 1991, Chapter 241
575 32A-9-102, as last amended by Laws of Utah 2003, Chapter 314
576 32A-9-103, as last amended by Laws of Utah 2009, Chapter 383
577 32A-9-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
578 32A-9-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
579 32A-9-106, as last amended by Laws of Utah 2003, Chapter 314
580 32A-10-101, as last amended by Laws of Utah 2008, Chapter 391
581 32A-10-102, as last amended by Laws of Utah 2008, Chapter 391
582 32A-10-103, as last amended by Laws of Utah 2007, Chapter 284
583 32A-10-201, as last amended by Laws of Utah 2009, Chapter 383
584 32A-10-202, as last amended by Laws of Utah 2009, Chapter 383
585 32A-10-203, as last amended by Laws of Utah 2008, Chapter 382
586
587 32A-10-205, as last amended by Laws of Utah 2003, Chapter 314
588 32A-10-206, as last amended by Laws of Utah 2008, Chapter 391
589 32A-10-207, as enacted by Laws of Utah 2009, Chapter 190
590 32A-10-301, as enacted by Laws of Utah 2003, Chapter 314
591 32A-10-302, as last amended by Laws of Utah 2004, Chapter 268
592 32A-10-303, as last amended by Laws of Utah 2008, Chapter 382
593 32A-10-304, as last amended by Laws of Utah 2006, Chapter 162
594 32A-10-305, as enacted by Laws of Utah 2003, Chapter 314
595 32A-10-306, as last amended by Laws of Utah 2008, Chapter 391
596 32A-11-101, as last amended by Laws of Utah 2004, Chapter 268
597 32A-11-102, as last amended by Laws of Utah 2004, Chapter 268
598 32A-11-103, as last amended by Laws of Utah 2008, Chapter 382
599 32A-11-104, as last amended by Laws of Utah 1994, Chapter 88
600 32A-11-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
601 32A-11-106, as last amended by Laws of Utah 2008, Chapter 391
602 32A-11a-101, as enacted by Laws of Utah 1998, Chapter 328
603 32A-11a-102, as last amended by Laws of Utah 2007, Chapter 272
604 32A-11a-103, as enacted by Laws of Utah 1998, Chapter 328
605 32A-11a-104, as enacted by Laws of Utah 1998, Chapter 328
606 32A-11a-105, as enacted by Laws of Utah 1998, Chapter 328
607 32A-11a-106, as last amended by Laws of Utah 2003, Chapter 314
608 32A-11a-107, as last amended by Laws of Utah 2004, Chapter 268
609 32A-11a-108, as last amended by Laws of Utah 2008, Chapter 3
610 32A-11a-109, as enacted by Laws of Utah 1998, Chapter 328
611 32A-11a-110, as enacted by Laws of Utah 1998, Chapter 328
612 32A-11a-111, as enacted by Laws of Utah 1998, Chapter 328
613 32A-12-101, as last amended by Laws of Utah 2009, Chapter 383
614 32A-12-102, as last amended by Laws of Utah 2009, Chapter 383
615 32A-12-103, as last amended by Laws of Utah 2003, Chapter 314
616 32A-12-104, as last amended by Laws of Utah 2009, Chapter 383
617
618 32A-12-201, as last amended by Laws of Utah 2004, Chapter 268
619 32A-12-202, as renumbered and amended by Laws of Utah 1990, Chapter 23
620 32A-12-203, as last amended by Laws of Utah 2003, Chapter 314
621 32A-12-204, as last amended by Laws of Utah 2003, Chapter 314
622 32A-12-205, as renumbered and amended by Laws of Utah 1990, Chapter 23
623 32A-12-206, as last amended by Laws of Utah 1991, Chapter 132
624 32A-12-207, as last amended by Laws of Utah 2003, Chapter 314
625 32A-12-208, as renumbered and amended by Laws of Utah 1990, Chapter 23
626 32A-12-209, as last amended by Laws of Utah 2009, Chapters 353 and 390
627 32A-12-209.5, as last amended by Laws of Utah 2009, Chapters 353, 383, and 390
628 32A-12-210, as last amended by Laws of Utah 2003, Chapter 314
629 32A-12-211, as renumbered and amended by Laws of Utah 1990, Chapter 23
630 32A-12-212, as last amended by Laws of Utah 2009, Chapter 383
631 32A-12-213, as last amended by Laws of Utah 2009, Chapter 383
632 32A-12-214, as last amended by Laws of Utah 1995, Chapter 20
633 32A-12-215, as last amended by Laws of Utah 2003, Chapter 314
634 32A-12-216, as last amended by Laws of Utah 2003, Chapter 314
635 32A-12-217, as enacted by Laws of Utah 1990, Chapter 23
636 32A-12-219, as last amended by Laws of Utah 2009, Chapter 383
637 32A-12-220, as renumbered and amended by Laws of Utah 1990, Chapter 23
638 32A-12-221, as last amended by Laws of Utah 2002, Chapter 161
639 32A-12-222, as last amended by Laws of Utah 2009, Chapter 383
640 32A-12-223, as enacted by Laws of Utah 2009, Chapter 353
641 32A-12-301, as last amended by Laws of Utah 2009, Chapter 383
642 32A-12-302, as renumbered and amended by Laws of Utah 1990, Chapter 23
643 32A-12-303, as last amended by Laws of Utah 2000, Chapter 1
644 32A-12-304, as last amended by Laws of Utah 2000, Chapter 1
645 32A-12-305, as last amended by Laws of Utah 2003, Chapter 314
646 32A-12-306, as last amended by Laws of Utah 2003, Chapter 314
647 32A-12-307, as last amended by Laws of Utah 2008, Chapter 391
648
649 32A-12-310, as last amended by Laws of Utah 2000, Chapter 1
650 32A-12-401, as last amended by Laws of Utah 2007, Chapter 284
651 32A-12-501, as last amended by Laws of Utah 2004, Chapter 268
652 32A-12-502, as last amended by Laws of Utah 1996, Chapter 170
653 32A-12-504, as last amended by Laws of Utah 2003, Chapter 314
654 32A-12-505, as last amended by Laws of Utah 2005, Chapter 71
655 32A-12-506, as last amended by Laws of Utah 1996, Chapter 170
656 32A-12-601, as last amended by Laws of Utah 2004, Chapter 268
657 32A-12-602, as last amended by Laws of Utah 2003, Chapter 314
658 32A-12-603, as last amended by Laws of Utah 2008, Chapter 391
659 32A-12-604, as last amended by Laws of Utah 2003, Chapter 314
660 32A-12-605, as last amended by Laws of Utah 2003, Chapter 314
661 32A-12-606, as last amended by Laws of Utah 2003, Chapter 314
662 32A-13-101, as last amended by Laws of Utah 1992, Chapter 30
663 32A-13-102, as last amended by Laws of Utah 1990, Chapter 163 and renumbered and
664 amended by Laws of Utah 1990, Chapter 23
665 32A-13-103, as last amended by Laws of Utah 2007, Chapters 153, 180, and 306
666 32A-13-104, as last amended by Laws of Utah 1993, Chapter 38
667 32A-13-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
668 32A-13-106, as last amended by Laws of Utah 2008, Chapter 305
669 32A-13-107, as renumbered and amended by Laws of Utah 1990, Chapter 23
670 32A-13-108, as last amended by Laws of Utah 1990, Chapter 118 and renumbered and
671 amended by Laws of Utah 1990, Chapter 23
672 32A-13-109, as last amended by Laws of Utah 2000, Chapter 1
673 32A-14a-101, as enacted by Laws of Utah 2000, Chapter 197
674 32A-14a-102, as last amended by Laws of Utah 2009, Chapter 383
675 32A-14a-103, as last amended by Laws of Utah 2009, Chapter 383
676 32A-14a-104, as renumbered and amended by Laws of Utah 2000, Chapter 197
677 32A-14a-105, as enacted by Laws of Utah 2000, Chapter 197
678 32A-14b-101, as enacted by Laws of Utah 2009, Chapter 353
Senate Committee Amendments 2-24-2010 rd/po
679
32A-14b-102, as enacted by Laws of Utah 2009, Chapter 353679
680 32A-14b-201, as enacted by Laws of Utah 2009, Chapter 353
681 32A-14b-202, as enacted by Laws of Utah 2009, Chapter 353
682 32A-14b-203, as enacted by Laws of Utah 2009, Chapter 353
683 32A-15a-101, as enacted by Laws of Utah 2003, Chapter 314
684 32A-15a-102, as last amended by Laws of Utah 2007, Chapter 341
685 32A-15a-103, as last amended by Laws of Utah 2008, Chapter 382
686 32A-15a-201, as last amended by Laws of Utah 2008, Chapter 382
687 32A-15a-202, as enacted by Laws of Utah 2003, Chapter 314
688 32A-15a-203, as enacted by Laws of Utah 2003, Chapter 314
688a S. Utah Code Sections Affected by Coordination Clause:
688b 32B-2-402, Utah Code Annotated 1953
688c 32B-6-203, Utah Code Annotated 1953
688d 32B-6-303, Utah Code Annotated 1953
688e 32B-6-703, Utah Code Annotated 1953
688f 32B-7-305, Utah Code Annotated 1953 .S
689
690 Be it enacted by the Legislature of the state of Utah:
691 Section 1. Section 11-10-1 is amended to read:
692 11-10-1. Business license required -- Authorization for issuance, denial,
693 suspension, or revocation by local authority.
694 (1) As used in this chapter, the following have the meaning set forth in Section
695 [
696 (a) "alcoholic product";
697 [
698 [
699 [
700 (d) "restaurant."
701 (2) A person may not operate an association, a restaurant, a business similar to a
702 business operated under a club license, or other similar business that allows [
703
704 alcoholic product on the premises of the [
705 business premises without a business license.
706 (3) [
707 owns or operates an association, restaurant, club [
708 allows [
709 consume [
Senate Committee Amendments 2-24-2010 rd/po
710
(b) A business license issued under this Subsection (3) does not permit [710
711 to hold, store, possess, or consume [
712 other than as provided in Title [
713 (4) [
714 Title [
715 (5) [
716 procedures for granting, denying, suspending, or revoking [
717 under this chapter.
718 (6) A business license issued under this section S. [
718a 718a written consent of the local
719 authority within the meaning of Title [
720 Section 2. Section 13-7-2 is amended to read:
721 13-7-2. Definitions.
722 (1) [
723 establishment, or facility of whatever kind, nature, or class that caters or offers its services,
724 facilities, or goods to the general public for a fee or charge, except, [
725 is:
726 (i) located within a building [
727 hire; and [
728 (ii) actually occupied by the proprietor of [
729 proprietor's residence[
730 (b) A place, establishment, or facility that caters or offers its services, facilities, or
731 goods to the general public gratuitously shall be within the definition of this term if it receives
732 any substantial governmental subsidy or support[
733 (c) "Place of public accommodation" does not apply to any institution, church, any
734 apartment house, club, or place of accommodation which is in its nature distinctly private
735 except to the extent that it is open to the public.
736 (2) [
737 associations, organizations, corporations, labor unions, legal representatives, trustees, trustees
738 in bankruptcy, receivers, and other organized groups of persons.
739 (3) "Enterprises regulated by the state" means:
740 (a) [
741
742 [
743
744 (b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
745 Alcoholic Beverage Control Act;
746 (c) [
747 (d) [
748 Utilities Act.
749 Section 3. Section 26-38-2 is amended to read:
750 26-38-2. Definitions.
751 As used in this chapter:
752 (1) "Place of public access" means any enclosed indoor place of business, commerce,
753 banking, financial service, or other service-related activity, whether publicly or privately owned
754 and whether operated for profit or not, to which persons not employed at the place of public
755 access have general and regular access or which the public uses, including:
756 (a) buildings, offices, shops, elevators, or restrooms;
757 (b) means of transportation or common carrier waiting rooms;
758 (c) restaurants, cafes, or cafeterias;
759 (d) taverns as defined in Section [
760 (e) shopping malls, retail stores, grocery stores, or arcades;
761 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
762 sites, auditoriums, or arenas;
763 (g) barber shops, hair salons, or laundromats;
764 (h) sports or fitness facilities;
765 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
766 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
767 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
768 of these;
769 (j) (i) any child care facility or program subject to licensure or certification under this
770 title, including those operated in private homes, when any child cared for under that license is
771 present; and
772
773 subject to licensure or certification under this title, when any child cared for by the provider,
774 other than the child of the provider, is present;
775 (k) public or private elementary or secondary school buildings and educational
776 facilities or the property on which those facilities are located;
777 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
778 religious organization when used solely by the organization members or their guests or
779 families;
780 (m) any facility rented or leased for private functions from which the general public is
781 excluded and arrangements for the function are under the control of the function sponsor;
782 (n) any workplace that is not a place of public access or a publicly owned building or
783 office but has one or more employees who are not owner-operators of the business;
784 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
785 stating "no smoking", "thank you for not smoking", or similar statement; and
786 [
787 (p) a holder of a club license, as defined in Section 32B-1-102 .
788 (2) "Publicly owned building or office" means any enclosed indoor place or portion of
789 a place owned, leased, or rented by any state, county, or municipal government, or by any
790 agency supported by appropriation of, or by contracts or grants from, funds derived from the
791 collection of federal, state, county, or municipal taxes.
792 (3) "Smoking" means the possession of any lighted tobacco product in any form.
793 Section 4. Section 29-2-102 is amended to read:
794 29-2-102. Definitions.
795 As used in this chapter:
796 (1) "Alcoholic beverage" has the same meaning as provided in Section [
797 32B-1-102 .
798 (2) "Controlled substance" has the same meaning as provided in Section 58-37-2 .
799 (3) "Guest" means a person for whom an innkeeper was paid to provide temporary
800 sleeping accommodations in a lodging establishment.
801 (4) "Innkeeper" means the proprietor or designated employee of a proprietor of a
802 lodging establishment.
803
804 accommodations to the public, including any of the following:
805 (a) a bed and breakfast establishment;
806 (b) a boarding house;
807 (c) a hotel;
808 (d) an inn;
809 (e) a lodging house;
810 (f) a motel;
811 (g) a resort; or
812 (h) a rooming house.
813 (6) "Minor" means an unemancipated person younger than 18 years of age.
814 Section 5. Section 32B-1-101 is enacted to read:
815
816
817
818 32B-1-101. Title.
819 (1) This title is known as the "Alcoholic Beverage Control Act."
820 (2) This chapter is known as "Alcoholic Beverage Control General Provisions."
821 Section 6. Section 32B-1-102 is enacted to read:
822 32B-1-102. Definitions.
823 As used in this title:
824 (1) "Airport lounge" means a business location:
825 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
826 (b) that is located at an international airport with a United States Customs office on the
827 premises of the international airport.
828 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
829 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
830 (3) "Alcoholic beverage" means the following:
831 (a) beer; or
832 (b) liquor.
833 (4) (a) "Alcoholic product" means a product that:
834
835 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
836 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
837 in an amount equal to or greater than .5% of alcohol by volume.
838 (b) "Alcoholic product" includes an alcoholic beverage.
839 (c) "Alcoholic product" does not include any of the following common items that
840 otherwise come within the definition of an alcoholic product:
841 (i) except as provided in Subsection (4)(d), an extract;
842 (ii) vinegar;
843 (iii) cider;
844 (iv) essence;
845 (v) tincture;
846 (vi) food preparation; or
847 (vii) an over-the-counter medicine.
848 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
849 when it is used as a flavoring in the manufacturing of an alcoholic product.
850 (5) "Alcohol training and education seminar" means a seminar that is:
851 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
852 (b) described in Section 62A-15-401 .
853 (6) "Banquet" means an event:
854 (a) that is held at one or more designated locations approved by the commission in or
855 on the premises of a:
856 (i) hotel;
857 (ii) resort facility;
858 (iii) sports center; or
859 (iv) convention center;
860 (b) for which there is a contract:
861 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
862 and
863 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
864 provide an alcoholic product at the event; and
865
866 (7) (a) Subject to Subsection (7)(b), "bar" means a counter or similar structure:
867 (i) at which an alcoholic product is:
868 (A) stored; or
869 (B) dispensed; or
870 (ii) from which an alcoholic product is served.
871 (b) For purposes of a full-service restaurant license or a limited-service restaurant
872 license, "bar structure" means a surface or structure on the premises of a restaurant if on or at
873 any place of the surface or structure an alcoholic product is:
874 (i) stored; or
875 (ii) dispensed.
876 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
877 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
878 volume or 3.2% by weight; and
879 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
880 (b) "Beer" may or may not contain hops or other vegetable products.
881 (c) "Beer" includes a product that:
882 (i) contains alcohol in the percentages described in Subsection (8)(a); and
883 (ii) is referred to as:
884 (A) beer;
885 (B) ale;
886 (C) porter;
887 (D) stout;
888 (E) lager; or
889 (F) a malt or malted beverage.
890 (d) "Beer" does not include a flavored malt beverage.
891 (9) "Beer retailer" means a business:
892 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
893 whether for consumption on or off the business premises; and
894 (b) to whom a license is issued:
895 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-premise
896
897 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
898 and Chapter 6, Part 7, On-Premise Beer Retailer License.
899 (10) "Beer wholesaling license" means a license:
900 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
901 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
902 retail licensees or off-premise beer retailers.
903 (11) "Billboard" means a public display used to advertise, including:
904 (a) a light device;
905 (b) a painting;
906 (c) a drawing;
907 (d) a poster;
908 (e) a sign;
909 (f) a signboard; or
910 (g) a scoreboard.
911 (12) "Brewer" means a person engaged in manufacturing:
912 (a) beer;
913 (b) heavy beer; or
914 (c) a flavored malt beverage.
915 (13) "Brewery manufacturing license" means a license issued in accordance with
916 Chapter 11, Part 5, Brewery Manufacturing License.
917 (14) "Certificate of approval" means a certificate of approval obtained from the
918 department under Subsection 32B-11-201 (4).
919 (15) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
920 a bus company to a group of persons pursuant to a common purpose:
921 (a) under a single contract;
922 (b) at a fixed charge in accordance with the bus company's tariff; and
923 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
924 motor vehicle, and a driver to travel together to one or more specified destinations.
925 (16) "Church" means a building:
926 (a) set apart for worship;
927
928 (c) with which clergy is associated; and
929 (d) that is tax exempt under the laws of this state.
930 (17) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
931 License Act, and Chapter 6, Part 4, Club License.
932 (b) "Club license" includes:
933 (i) a dining club license;
934 (ii) an equity club license;
935 (iii) a fraternal club license; or
936 (iv) a social club license.
937 (18) "Commission" means the Alcoholic Beverage Control Commission created in
938 Section 32B-2-201 .
939 (19) "Commissioner" means a member of the commission.
940 (20) "Community location" means:
941 (a) a public or private school;
942 (b) a church;
943 (c) a public library;
944 (d) a public playground; or
945 (e) a public park.
946 (21) "Community location governing authority" means:
947 (a) the governing body of the community location; or
948 (b) if the commission does not know who is the governing body of a community
949 location, a person who appears to the commission to have been given on behalf of the
950 community location the authority to prohibit an activity at the community location.
951 (22) "Convention center" means a facility that is:
952 (a) in total at least 30,000 square feet; and
953 (b) otherwise defined as a "convention center" by the commission by rule.
954 (23) For purposes of a full-service restaurant license or limited-service restaurant
955 license:
956 (a) subject to Subsection (23)(b), "counter" means a surface or structure in a dining
957 area of a restaurant where seating is provided to a patron for service of food; and
958
959 or structure an alcoholic product is:
960 (i) stored; or
961 (ii) dispensed.
962 (24) "Department" means the Department of Alcoholic Beverage Control created in
963 Section 32B-2-203 .
964 (25) "Department compliance officer" means an individual who is:
965 (a) an auditor or inspector; and
966 (b) employed by the department.
967 (26) "Department sample" means liquor that is placed in the possession of the
968 department for testing, analysis, and sampling.
969 (27) "Dining club license" means a license issued in accordance with Chapter 5, Retail
970 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
971 dining club license.
972 (28) "Director," unless the context requires otherwise, means the director of the
973 department.
974 (29) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
975 title:
976 (a) against a person subject to administrative action; and
977 (b) that is brought on the basis of a violation of this title.
978 (30) For purposes of a full-service restaurant license or a limited-service restaurant
979 license, "dispense" means:
980 (a) drawing of an alcoholic product:
981 (i) from an area where it is stored; or
982 (ii) as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii); and
983 (b) using the alcoholic product described in Subsection (29)(a) on the premises of the
984 restaurant to mix or prepare an alcoholic product to be furnished to a patron of the restaurant.
985 (31) "Distillery manufacturing license" means a license issued in accordance with
986 Chapter 11, Part 4, Distillery Manufacturing License.
987 (32) "Distressed merchandise" means an alcoholic product in the possession of the
988 department that is saleable, but for some reason is unappealing to the public.
989
990 (a) a nursery school;
991 (b) an infant day care center; and
992 (c) a trade and technical school.
993 (34) "Equity club license" means a license issued in accordance with Chapter 5, Retail
994 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
995 equity club license.
996 (35) "Event permit" means:
997 (a) a single event permit; or
998 (b) a temporary beer event permit.
999 (36) (a) "Flavored malt beverage" means a beverage:
1000 (i) that contains at least .5% alcohol by volume;
1001 (ii) that is treated by processing, filtration, or another method of manufacture that is not
1002 generally recognized as a traditional process in the production of a beer as described in 27
1003 C.F.R. Sec. 25.55;
1004 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
1005 extract; and
1006 (iv) (A) for which the producer is required to file a formula for approval with the
1007 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
1008 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
1009 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
1010 (37) "Fraternal club license" means a license issued in accordance with Chapter 5,
1011 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
1012 as a fraternal club license.
1013 (38) "Full-service restaurant license" means a license issued in accordance with
1014 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-service Restaurant License.
1015 (39) (a) "Furnish" means by any means to provide with, supply, or give an individual
1016 an alcoholic product, by sale or otherwise.
1017 (b) "Furnish" includes to:
1018 (i) serve;
1019 (ii) deliver; or
1020
1021 (40) "Guest" means an individual who meets the requirements of Subsection
1022 32B-6-407 (9).
1023 (41) "Health care practitioner" means:
1024 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1025 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
1026 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1027 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapist
1028 Practice Act;
1029 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
1030 Nurse Practice Act;
1031 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
1032 Practice Act;
1033 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
1034 Therapy Practice Act;
1035 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
1036 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
1037 Professional Practice Act;
1038 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1039 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
1040 Practice Act;
1041 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
1042 Hygienist Practice Act; and
1043 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
1044 (42) (a) "Heavy beer" means a product that:
1045 (i) contains more than 4% alcohol by volume; and
1046 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
1047 (b) "Heavy beer" is considered liquor for the purposes of this title.
1048 (43) "Hotel" is as defined by the commission by rule.
1049 (44) "Identification card" means an identification card issued under Title 53, Chapter 3,
1050 Part 8, Identification Card Act.
1051
1052 commission, or other means for representing and selling an alcoholic product of a
1053 manufacturer, supplier, or importer of liquor.
1054 (46) "Industry representative sample" means liquor that is placed in the possession of
1055 the department for testing, analysis, and sampling by a local industry representative on the
1056 premises of the department to educate the local industry representative of the quality and
1057 characteristics of the product.
1058 (47) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
1059 of an alcoholic product is prohibited by:
1060 (a) law; or
1061 (b) court order.
1062 (48) "Intoxicated" means that a person:
1063 (a) is significantly impaired as to the person's mental or physical functions as a result of
1064 the use of:
1065 (i) an alcoholic product;
1066 (ii) a controlled substance;
1067 (iii) a substance having the property of releasing toxic vapors; or
1068 (iv) a combination of Subsections (48)(a)(i) through (iii); and
1069 (b) exhibits plain and easily observed outward manifestations of behavior or physical
1070 signs produced by the over consumption of an alcoholic product.
1071 (49) "Investigator" means an individual who is:
1072 (a) a department compliance officer; or
1073 (b) a nondepartment enforcement officer.
1074 (50) "Invitee" is as defined in Section 32B-8-102 .
1075 (51) "License" means:
1076 (a) a retail license;
1077 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
1078 Licenses Act;
1079 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
1080 or
1081 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
1082
1083 (53) "Limited-service restaurant license" means a license issued in accordance with
1084 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-service Restaurant License.
1085 (54) "Limousine" means a motor vehicle licensed by the state or a local authority, other
1086 than a bus or taxicab:
1087 (a) in which the driver and a passenger are separated by a partition, glass, or other
1088 barrier;
1089 (b) that is provided by a business entity to one or more individuals at a fixed charge in
1090 accordance with the business entity's tariff; and
1091 (c) to give the one or more individuals the exclusive use of the limousine and a driver
1092 to travel to one or more specified destinations.
1093 (55) (a) (i) "Liquor" means a liquid that:
1094 (A) is:
1095 (I) alcohol;
1096 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
1097 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
1098 (IV) other drink or drinkable liquid; and
1099 (B) (I) contains at least .5% alcohol by volume; and
1100 (II) is suitable to use for beverage purposes.
1101 (ii) "Liquor" includes:
1102 (A) heavy beer;
1103 (B) wine; and
1104 (C) a flavored malt beverage.
1105 (b) "Liquor" does not include beer.
1106 (56) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301 .
1107 (57) "Liquor warehousing license" means a license that is issued:
1108 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
1109 (b) to a person, other than a licensed manufacturer, who engages in the importation for
1110 storage, sale, or distribution of liquor regardless of amount.
1111 (58) "Local authority" means:
1112 (a) for premises that are located in an unincorporated area of a county, the governing
1113
1114 (b) for premises that are located in an incorporated city or a town, the governing body
1115 of the city or town.
1116 (59) "Lounge or bar area" is as defined by rule made by the commission.
1117 (60) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
1118 otherwise make an alcoholic product for personal use or for sale or distribution to others.
1119 (61) "Member" means an individual who, after paying regular dues, has full privileges
1120 in an equity club licensee or fraternal club licensee.
1121 (62) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
1122 or homeport facility for a ship:
1123 (i) (A) under the control of the United States Department of Defense; or
1124 (B) of the National Guard;
1125 (ii) that is located within the state; and
1126 (iii) including a leased facility.
1127 (b) "Military installation" does not include a facility used primarily for:
1128 (i) civil works;
1129 (ii) a rivers and harbors project; or
1130 (iii) a flood control project.
1131 (63) "Minor" means an individual under the age of 21 years.
1132 (64) "Nondepartment enforcement agency" means an agency that:
1133 (a) (i) is a state agency other than the department; or
1134 (ii) is an agency of a county, city, or town; and
1135 (b) has a responsibility to enforce one or more provisions of this title.
1136 (65) "Nondepartment enforcement officer" means an individual who is:
1137 (a) a peace officer, examiner, or investigator; and
1138 (b) employed by a nondepartment enforcement agency.
1139 (66) (a) "Off-premise beer retailer" means a beer retailer who is:
1140 (i) licensed in accordance with Chapter 7, Part 2, Off-premise Beer Retailer Local
1141 Authority; and
1142 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
1143 premises.
1144
1145 (67) "On-premise banquet license" means a license issued in accordance with Chapter
1146 5, Retail License Act, and Chapter 6, Part 6, On-premise Banquet License.
1147 (68) "On-premise beer retailer" means a beer retailer who is:
1148 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
1149 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-premise Beer
1150 License; and
1151 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1152 premises, regardless of whether the beer retailer sells beer for consumption off the licensed
1153 premises.
1154 (69) "Package" means any of the following containing an alcoholic product:
1155 (a) a container;
1156 (b) a bottle;
1157 (c) a vessel; or
1158 (d) other receptacle.
1159 (70) "Package agency" means a retail liquor location operated:
1160 (a) under an agreement with the department; and
1161 (b) by a person:
1162 (i) other than the state; and
1163 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
1164 Agency, to sell packaged liquor for consumption off the premises of the package agency.
1165 (71) "Package agent" means a person who holds a package agency.
1166 (72) "Patron" means an individual to whom food, beverages, or services are sold,
1167 offered for sale, or furnished, or who consumes an alcoholic product including:
1168 (a) a customer;
1169 (b) a member;
1170 (c) a guest;
1171 (d) an attendee of a banquet or event;
1172 (e) an individual who receives room service;
1173 (f) a resident of a resort;
1174 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102 ;
1175
1176 (h) an invitee.
1177 (73) "Permittee" means a person issued a permit under:
1178 (a) Chapter 9, Event Permit Act; or
1179 (b) Chapter 10, Special Use Permit Act.
1180 (74) "Person subject to administrative action" means:
1181 (a) a licensee;
1182 (b) a permittee;
1183 (c) a manufacturer;
1184 (d) a supplier;
1185 (e) an importer;
1186 (f) an out-of-state brewer holding a certificate of approval; or
1187 (g) staff of:
1188 (i) a person listed in Subsections (74)(a) through (g); or
1189 (ii) a package agent.
1190 (75) "Premises" means a building, enclosure, or room used in connection with the
1191 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
1192 unless otherwise defined in this title or rules made by the commission.
1193 (76) "Prescription" means an order issued by a health care practitioner when:
1194 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
1195 to prescribe a controlled substance, other drug, or device for medicinal purposes;
1196 (b) the order is made in the course of that health care practitioner's professional
1197 practice; and
1198 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
1199 (77) (a) "Private event" means a specific social, business, or recreational event:
1200 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
1201 group; and
1202 (ii) that is limited in attendance to people who are specifically designated and their
1203 guests.
1204 (b) "Private event" does not include an event to which the general public is invited,
1205 whether for an admission fee or not.
1206
1207 (i) an identification card;
1208 (ii) an identification that:
1209 (A) is substantially similar to an identification card;
1210 (B) is issued in accordance with the laws of a state other than Utah in which the
1211 identification is issued;
1212 (C) includes date of birth; and
1213 (D) has a picture affixed;
1214 (iii) a valid driver license certificate that:
1215 (A) includes date of birth;
1216 (B) has a picture affixed; and
1217 (C) is issued:
1218 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
1219 (II) in accordance with the laws of the state in which it is issued;
1220 (iv) a military identification card that:
1221 (A) includes date of birth; and
1222 (B) has a picture affixed; or
1223 (v) a valid passport.
1224 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1225 Section 53-3-207 .
1226 (79) (a) "Public building" means a building or permanent structure that is:
1227 (i) owned or leased by:
1228 (A) the state; or
1229 (B) a local government entity; and
1230 (ii) used for:
1231 (A) public education;
1232 (B) transacting public business; or
1233 (C) regularly conducting government activities.
1234 (b) "Public building" does not include a building owned by the state or a local
1235 government entity when the building is used by a person, in whole or in part, for a proprietary
1236 function.
1237
1238 public has access to and a right to use for transportation, including an airline, railroad, bus,
1239 boat, or other public conveyance.
1240 (81) (a) "Record" means information that is:
1241 (i) inscribed on a tangible medium; or
1242 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1243 (b) "Record" includes:
1244 (i) a book;
1245 (ii) a book of account;
1246 (iii) a paper;
1247 (iv) a contract;
1248 (v) an agreement;
1249 (vi) a document; or
1250 (vii) a recording in any medium.
1251 (82) "Residence" means a person's principal place of abode within Utah.
1252 (83) "Resident," in relation to a resort, is as defined in Section 32B-8-102 .
1253 (84) "Resort" is as defined in Section 32B-8-102 .
1254 (85) "Resort facility" is as defined by the commission by rule.
1255 (86) "Resort license" means a license issued in accordance with Chapter 5, Retail
1256 License Act, and Chapter 8, Resort License Act.
1257 (87) "Restaurant" means a business location:
1258 (a) at which a variety of foods are prepared;
1259 (b) at which complete meals are served to the general public; and
1260 (c) that is engaged primarily in serving meals to the general public.
1261 (88) "Retail license" means one of the following licenses issued under this title:
1262 (a) a full-service restaurant license;
1263 (b) a limited-service restaurant license;
1264 (c) a club license;
1265 (d) an airport lounge license;
1266 (e) an on-premise banquet license; or
1267 (f) an on-premise beer license.
1268
1269 of a:
1270 (a) hotel; or
1271 (b) resort facility.
1272 (90) "Serve" means to place an alcoholic product before an individual.
1273 (91) (a) "School" means a building used primarily for the general education of minors.
1274 (b) "School" does not include an educational facility.
1275 (92) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
1276 consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
1277 delivered for value, or by a means or under a pretext is promised or obtained, whether done by
1278 a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
1279 made by the commission.
1280 (93) "Sexually oriented entertainer" means a person who while in a state of seminudity
1281 appears at or performs:
1282 (a) for the entertainment of one or more patrons;
1283 (b) on the premises of:
1284 (i) a social club licensee; or
1285 (ii) a tavern;
1286 (c) on behalf of or at the request of the licensee described in Subsection (93)(b);
1287 (d) on a contractual or voluntary basis; and
1288 (e) whether or not the person is designated as:
1289 (i) an employee;
1290 (ii) an independent contractor;
1291 (iii) an agent of the licensee; or
1292 (iv) a different type of classification.
1293 (94) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
1294 Single Event Permit.
1295 (95) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
1296 beer, heavy beer, and flavored malt beverages per year.
1297 (96) "Social club license" means a license issued in accordance with Chapter 5, Retail
1298 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
1299
1300 (97) "Special use permit" means a permit issued in accordance with Chapter 10,
1301 Special Use Permit Act.
1302 (98) (a) "Spirituous liquor" means liquor that is distilled.
1303 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
1304 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
1305 (99) "Sports center" is as defined by the commission by rule.
1306 (100) (a) "Staff" means an individual who engages in activity governed by this title:
1307 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
1308 holder;
1309 (ii) at the request of the business, including a package agent, licensee, permittee, or
1310 certificate holder; or
1311 (iii) under the authority of the business, including a package agent, licensee, permittee,
1312 or certificate holder.
1313 (b) "Staff" includes:
1314 (i) an officer;
1315 (ii) a director;
1316 (iii) an employee;
1317 (iv) personnel management;
1318 (v) an agent of the licensee, including a managing agent;
1319 (vi) an operator; or
1320 (vii) a representative.
1321 (101) "State of nudity" means:
1322 (a) the appearance of:
1323 (i) the nipple or areola of a female human breast;
1324 (ii) a human genital;
1325 (iii) a human pubic area; or
1326 (iv) a human anus; or
1327 (b) a state of dress that fails to opaquely cover:
1328 (i) the nipple or areola of a female human breast;
1329 (ii) a human genital;
1330
1331 (iv) a human anus.
1332 (102) "State of seminudity" means a state of dress in which opaque clothing covers no
1333 more than:
1334 (a) the nipple and areola of the female human breast in a shape and color other than the
1335 natural shape and color of the nipple and areola; and
1336 (b) the human genitals, pubic area, and anus:
1337 (i) with no less than the following at its widest point:
1338 (A) four inches coverage width in the front of the human body; and
1339 (B) five inches coverage width in the back of the human body; and
1340 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
1341 (103) (a) "State store" means a facility for the sale of packaged liquor:
1342 (i) located on premises owned or leased by the state; and
1343 (ii) operated by a state employee.
1344 (b) "State store" does not include:
1345 (i) a package agency;
1346 (ii) a licensee; or
1347 (iii) a permittee.
1348 (104) For purposes of a full-service restaurant license or a limited-service restaurant
1349 license:
1350 (a) "Storage area" means an area on licensed premises where the licensee stores an
1351 alcoholic product.
1352 (b) "Store" means to place or maintain in a location an alcoholic product from which a
1353 person draws to prepare an alcoholic product to be furnished to a patron of the restaurant,
1354 except as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii).
1355 (105) "Sublicense" is as defined in Section 32B-8-102 .
1356 (106) "Supplier" means a person who sells an alcoholic product to the department.
1357 (107) "Tavern" means an on-premise beer retailer who is:
1358 (a) issued a license by the commission in accordance with Chapter 5, Retail License
1359 Act, and Chapter 6, Part 7, On-premise Beer Retailer License; and
1360 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
1361
1362 (108) "Temporary beer event permit" means a permit issued in accordance with
1363 Chapter 9, Part 4, Temporary Beer Event Permit.
1364 (109) "Temporary domicile" means the principal place of abode within Utah of a
1365 person who does not have a present intention to continue residency within Utah permanently or
1366 indefinitely.
1367 (110) "Unsaleable liquor merchandise" means a package that:
1368 (a) is unsaleable because the package is:
1369 (i) unlabeled;
1370 (ii) leaky;
1371 (iii) damaged;
1372 (iv) difficult to open; or
1373 (v) partly filled;
1374 (b) (i) has faded labels or defective caps or corks;
1375 (ii) has contents that are:
1376 (A) cloudy;
1377 (B) spoiled; or
1378 (C) chemically determined to be impure; or
1379 (iii) contains:
1380 (A) sediment; or
1381 (B) a foreign substance; or
1382 (c) is otherwise considered by the department as unfit for sale.
1383 (111) (a) "Wine" means an alcoholic product obtained by the fermentation of the
1384 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
1385 another ingredient is added.
1386 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
1387 in this title.
1388 (112) "Winery manufacturing license" means a license issued in accordance with
1389 Chapter 11, Part 3, Winery Manufacturing License.
1390 Section 7. Section 32B-1-103 is enacted to read:
1391 32B-1-103. Policy.
1392
1393 (1) This title shall be administered in a manner that is nonpartisan and free of partisan
1394 political influence.
1395 (2) Alcoholic product control shall be operated as a public business using sound
1396 management principles and practices. This public business shall:
1397 (a) be governed by a commission;
1398 (b) be operated by a department; and
1399 (c) function with the intent of servicing the public demand for alcoholic products.
1400 (3) The commission and department may not promote or encourage the sale or
1401 consumption of alcoholic products.
1402 (4) The commission shall conduct, license, and regulate the sale of alcoholic products
1403 in a manner and at prices that:
1404 (a) reasonably satisfy the public demand and protect the public interest, including the
1405 rights of citizens who do not wish to be involved with alcoholic products; and
1406 (b) will promote the reduction of the harmful effects of:
1407 (i) over consumption of alcoholic products by adults; and
1408 (ii) consumption of alcoholic products by minors.
1409 Section 8. Section 32B-1-104 is enacted to read:
1410 32B-1-104. Exercise of police powers -- Severability.
1411 (1) This title is an exercise of the police powers of the state for the protection of the
1412 public health, peace, safety, welfare, and morals and regulates the storage, sale, offer for sale,
1413 furnishing, consumption, manufacture, and distribution of an alcoholic product. This title
1414 governs alcoholic product control unless otherwise provided in this title.
1415 (2) If a provision of this title or the application of a provision to a person or
1416 circumstance is held invalid, the remainder of this title shall be given effect without the invalid
1417 provision or application. The provisions of this title are severable.
1418 Section 9. Section 32B-1-201 is enacted to read:
1419
1420 32B-1-201. Determining population.
1421 For purposes of determining the number of state stores that the commission may
1422 establish or the number of package agencies or retail licenses that the commission may issue,
1423
1424 (1) the most recent United States decennial or special census; or
1425 (2) another population determination made by the United States or state governments.
1426 Section 10. Section 32B-1-202 is enacted to read:
1427 32B-1-202. Proximity to community location.
1428 (1) For purposes of this section, "outlet" means:
1429 (a) a state store;
1430 (b) a package agency; or
1431 (c) a retail licensee, except an airport lounge licensee.
1432 (2) Except as otherwise provided in this section, the premises of an outlet may not be
1433 located:
1434 (a) within 600 feet of a community location, as measured from the nearest entrance of
1435 the outlet by following the shortest route of ordinary pedestrian travel to the property boundary
1436 of the community location; or
1437 (b) within 200 feet of a community location, measured in a straight line from the
1438 nearest entrance of the outlet to the nearest property boundary of the community location.
1439 (3) With respect to the location of an outlet, the commission may authorize a variance
1440 to reduce the proximity requirement of Subsection (2) if:
1441 (a) when the variance reduces the proximity requirement of Subsection (2)(b), the
1442 community location at issue is:
1443 (i) a public library; or
1444 (ii) a public park;
1445 (b) except with respect to a state store, the local authority gives its written consent to
1446 the variance;
1447 (c) the commission finds that alternative locations for locating that type of outlet in the
1448 community are limited;
1449 (d) a public hearing is held in the city, town, or county, and when practical in the
1450 neighborhood concerned;
1451 (e) after giving full consideration to the attending circumstances and the policies stated
1452 in Subsections 32B-1-103 (3) and (4), the commission determines that locating the outlet in that
1453 location would not be detrimental to the public health, peace, safety, and welfare of the
1454
1455 (f) (i) the community location governing authority gives its written consent to the
1456 variance; or
1457 (ii) the community location governing authority does not give its written consent to a
1458 variance, the commission finds the following for a state store, or if the outlet is a package
1459 agency or retail licensee, the commission finds that the applicant establishes the following:
1460 (A) there is substantial unmet public demand to consume an alcoholic product:
1461 (I) within the geographic boundary of the local authority in which the outlet is to be
1462 located; and
1463 (II) for an outlet that is a retail licensee, in a public setting;
1464 (B) there is no reasonably viable alternative for satisfying the substantial unmet
1465 demand other than through locating that type of outlet in that location; and
1466 (C) there is no reasonably viable alternative location within the geographic boundary of
1467 the local authority in which the outlet is to be located for locating that type of outlet to satisfy
1468 the unmet demand.
1469 (4) With respect to the premises of a package agency or retail licensee that undergoes a
1470 change of ownership, the commission may waive or vary the proximity requirements of
1471 Subsection (2)(a) in considering whether to issue the package agency or same type of retail
1472 license to the new owner of the premises if:
1473 (a) the premises previously received a variance reducing the proximity requirement of
1474 Subsection (2)(a);
1475 (b) the premises received a variance reducing the proximity requirement of Subsection
1476 (2)(b) on or before May 4, 2008; or
1477 (c) a variance from proximity requirements was otherwise allowed under this title.
1478 (5) Nothing in this section prevents the commission from considering the proximity of
1479 an educational, religious, and recreational facility, or any other relevant factor in reaching a
1480 decision on a proposed location of an outlet.
1481 Section 11. Section 32B-1-203 is enacted to read:
1482 32B-1-203. Licensee compliance with other laws.
1483 (1) A licensee and a person applying for a license shall comply with the applicable
1484 federal and state laws pertaining to payment of taxes and contributions to unemployment and
1485
1486 (2) The commission:
1487 (a) may not issue a license to a person who violates this section; and
1488 (b) may not renew, suspend, or revoke the license of a licensee who violates this
1489 section.
1490 Section 12. Section 32B-1-204 is enacted to read:
1491 32B-1-204. Powers of local authority.
1492 (1) If this title expressly addresses an issue related to alcoholic product control in this
1493 state, a local authority may not regulate in relation to that issue except when a local authority is
1494 expressly granted regulatory authority to regulate the issue by this title.
1495 (2) If this title does not expressly address an issue related to alcoholic product control,
1496 a local authority may regulate that issue if the regulation:
1497 (a) is of the sale, offer for sale, furnishing, or consumption of an alcoholic product; and
1498 (b) does not conflict with this title.
1499 Section 13. Section 32B-1-205 is enacted to read:
1500 32B-1-205. Falsifying or taking other actions with records prohibited.
1501 (1) A person required to make or maintain a record under this title or rules of the
1502 commission, or a person acting for that person, may not knowingly forge, falsify, alter, cancel,
1503 destroy, conceal, or remove the record for the purpose of deceiving the commission, a
1504 commissioner, the director, the department, a department employee, or a law enforcement
1505 officer.
1506 (2) A violation of this section may result in:
1507 (a) disciplinary action in accordance with Chapter 3, Disciplinary Actions and
1508 Enforcement Act, if the person who violates this section is a person subject to administrative
1509 action; or
1510 (b) criminal prosecution if the violation is a criminal offense under Chapter 4, Criminal
1511 Offenses and Procedure Act.
1512 Section 14. Section 32B-1-301 is enacted to read:
1513
1514 32B-1-301. Title.
1515 This part is known as "Qualifications and Background."
1516
1517 32B-1-302. Definitions.
1518 Reserved
1519 Section 16. Section 32B-1-303 is enacted to read:
1520 32B-1-303. Qualifications related to employment with the department.
1521 (1) The department may not employ a person if that person has been convicted of:
1522 (a) a felony under a federal law or state law;
1523 (b) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1524 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1525 product;
1526 (c) a crime involving moral turpitude; or
1527 (d) on two or more occasions within the five years before the day on which the
1528 department employs the person, driving under the influence of alcohol, drugs, or the combined
1529 influence of alcohol and drugs.
1530 (2) The director may terminate a department employee or take other disciplinary action
1531 consistent with Title 67, Chapter 19, Utah State Personnel Management Act, if:
1532 (a) after the day on which the department employs the department employee, the
1533 department employee is found to have been convicted of an offense described in Subsection (1)
1534 before being employed by the department; or
1535 (b) on or after the day on which the department employs the department employee, the
1536 department employee:
1537 (i) is convicted of an offense described in Subsection (1)(a), (b), or (c); or
1538 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
1539 influence of alcohol and drugs; and
1540 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
1541 influence of alcohol and drugs within five years before the day on which the person is
1542 convicted of the offense described in Subsection (2)(b)(ii)(A).
1543 (3) The director may immediately suspend a department employee for the period
1544 during which a criminal matter is being adjudicated if the department employee:
1545 (a) is arrested on a charge for an offense described in Subsection (1)(a), (b), or (c); or
1546 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
1547
1548 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
1549 influence of alcohol and drugs within five years before the day on which the person is arrested
1550 on a charge described in Subsection (3)(b)(i).
1551 Section 17. Section 32B-1-304 is enacted to read:
1552 32B-1-304. Qualifications for a package agency, license, or permit -- Minors.
1553 (1) (a) The commission may not issue a package agency, license, or permit to a person
1554 who has been convicted of:
1555 (i) a felony under a federal law or state law;
1556 (ii) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1557 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1558 product;
1559 (iii) a crime involving moral turpitude; or
1560 (iv) on two or more occasions within the five years before the day on which the
1561 package agency, license, or permit is issued, driving under the influence of alcohol, drugs, or
1562 the combined influence of alcohol and drugs.
1563 (b) If the person is a partnership, corporation, or limited liability company, the
1564 proscription under Subsection (1)(a) applies if any of the following has been convicted of an
1565 offense described in Subsection (1)(a):
1566 (i) a partner;
1567 (ii) a managing agent;
1568 (iii) a manager;
1569 (iv) an officer;
1570 (v) a director;
1571 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
1572 the corporation; or
1573 (vii) a member who owns at least 20% of the limited liability company.
1574 (c) The proscription under Subsection (1)(a) applies if a person who is employed to act
1575 in a supervisory or managerial capacity for a package agency, licensee, or permittee has been
1576 convicted of an offense described in Subsection (1)(a).
1577 (2) The commission may immediately suspend or revoke a package agency, license, or
1578
1579 (a) after the day on which the package agency, license, or permit is issued, is found to
1580 have been convicted of an offense described in Subsection (1)(a) before the package agency,
1581 license, or permit is issued; or
1582 (b) on or after the day on which the package agency, license, or permit is issued:
1583 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
1584 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
1585 influence of alcohol and drugs; and
1586 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
1587 influence of alcohol and drugs within five years before the day on which the person is
1588 convicted of the offense described in Subsection (2)(b)(ii)(A).
1589 (3) The director may take emergency action by immediately suspending the operation
1590 of the package agency, licensee, or permittee for the period during which a criminal matter is
1591 being adjudicated if a person described in Subsection (1):
1592 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii);
1593 or
1594 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
1595 drugs, or the combined influence of alcohol and drugs; and
1596 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
1597 influence of alcohol and drugs within five years before the day on which the person is arrested
1598 on a charge described in Subsection (3)(b)(i).
1599 (4) (a) (i) The commission may not issue a package agency, license, or permit to a
1600 person who has had any type of agency, license, or permit issued under this title revoked within
1601 the last three years.
1602 (ii) The commission may not issue a package agency, license, or permit to a
1603 partnership, corporation, or limited liability company if a partner, managing agent, manager,
1604 officer, director, stockholder who holds at least 20% of the total issued and outstanding stock
1605 of the corporation, or member who owns at least 20% of the limited liability company is or
1606 was:
1607 (A) a partner or managing agent of a partnership that had any type of agency, license,
1608 or permit issued under this title revoked within the last three years;
1609
1610 of the total issued and outstanding stock of any corporation that had any type of agency,
1611 license, or permit issued under this title revoked within the last three years; or
1612 (C) a manager or member who owns or owned at least 20% of a limited liability
1613 company that had any type of agency, license, or permit issued under this title revoked within
1614 the last three years.
1615 (b) The commission may not issue a package agency, licence, or permit to a
1616 partnership, corporation, or limited liability company if any of the following had any type of
1617 agency, license, or permit issued under this title revoked while acting in that person's individual
1618 capacity within the last three years:
1619 (i) a partner or managing agent of a partnership;
1620 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1621 total issued and outstanding stock of a corporation; or
1622 (iii) a manager or member who owns at least 20% of a limited liability company.
1623 (c) The commission may not issue a package agency, license, or permit to a person
1624 acting in an individual capacity if that person was:
1625 (i) a partner or managing agent of a partnership that had any type of agency, license, or
1626 permit issued under this title revoked within the last three years;
1627 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
1628 total issued and outstanding stock of a corporation that had any type of agency, license, or
1629 permit issued under this title revoked within the last three years; or
1630 (iii) a manager or member who owned at least 20% of the limited liability company
1631 that had any type of agency, license, or permit issued under this title revoked within the last
1632 three years.
1633 (5) (a) The commission may not issue a package agency, license, or permit to a minor.
1634 (b) The commission may not issue a package agency, license, or permit to a
1635 partnership, corporation, or limited liability company if any of the following is a minor:
1636 (i) a partner or managing agent of the partnership;
1637 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1638 total issued and outstanding stock of the corporation; or
1639 (iii) a manager or member who owns at least 20% of the limited liability company.
1640
1641 required by this title for obtaining a package agency, license, or permit, the commission may
1642 terminate the package agency agreement, or revoke the license or permit.
1643 Section 18. Section 32B-1-305 is enacted to read:
1644 32B-1-305. Requirement for a criminal background check.
1645 (1) The department shall require an individual listed in Subsection (2) to, in accordance
1646 with this part:
1647 (a) submit a fingerprint card in a form acceptable to the department; and
1648 (b) consent to a fingerprint criminal background check by:
1649 (i) the Utah Bureau of Criminal Identification; and
1650 (ii) the Federal Bureau of Investigation.
1651 (2) The following shall comply with Subsection (1):
1652 (a) an individual applying for employment with the department if:
1653 (i) the department makes the decision to offer the individual employment with the
1654 department; and
1655 (ii) once employed, the individual will receive benefits;
1656 (b) an individual applying to the commission to operate a package agency;
1657 (c) an individual applying to the commission for a license;
1658 (d) an individual who with regard to an entity that is applying to the commission to
1659 operate a package agency or for a license is:
1660 (i) a partner;
1661 (ii) a managing agent;
1662 (iii) a manager;
1663 (iv) an officer;
1664 (v) a director;
1665 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a
1666 corporation;
1667 (vii) a member who owns at least 20% of a limited liability company; or
1668 (viii) an individual employed to act in a supervisory or managerial capacity; or
1669 (e) an individual who becomes involved with an entity that operates a package agency
1670 or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day
1671
1672 (i) is approved to operate a package agency; or
1673 (ii) is licensed by the commission.
1674 (3) The department shall require compliance with Subsection (2)(e) as a condition of
1675 an entity's:
1676 (a) continued operation of a package agency; or
1677 (b) renewal of a license.
1678 (4) The department may require as a condition of continued employment that a
1679 department employee:
1680 (a) submit a fingerprint card in a form acceptable to the department; and
1681 (b) consent to a fingerprint criminal background check by:
1682 (i) the Utah Bureau of Criminal Identification; and
1683 (ii) the Federal Bureau of Investigation.
1684 Section 19. Section 32B-1-306 is enacted to read:
1685 32B-1-306. Use of information from a criminal background check.
1686 The commission or department may use information obtained pursuant to Section
1687 32B-1-305 only for one or more of the following purposes:
1688 (1) enforcing this title;
1689 (2) determining whether an individual is convicted of any of the following offenses
1690 that disqualify the individual under this title from acting in a capacity described in Subsection
1691 32B-1-305 (2):
1692 (a) a felony under federal law or state law;
1693 (b) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1694 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1695 product;
1696 (c) a crime involving moral turpitude; or
1697 (d) on two or more occasions within the previous five years, driving under the
1698 influence of alcohol, drugs, or the combined influence of alcohol and drugs;
1699 (3) determining whether an individual fails to accurately disclose the person's criminal
1700 history on an application or document filed with the department or commission;
1701 (4) approving or denying an application for employment with the department;
1702
1703 termination of employment;
1704 (6) issuing or denying an application to operate a package agency;
1705 (7) issuing or denying an application for a license;
1706 (8) issuing or denying the renewal of a package agency agreement;
1707 (9) issuing or denying the renewal of a license;
1708 (10) suspending the operation of a package agency;
1709 (11) terminating a package agency contract; or
1710 (12) suspending or revoking a license.
1711 Section 20. Section 32B-1-307 is enacted to read:
1712 32B-1-307. Criminal background check procedure.
1713 (1) (a) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall
1714 submit a fingerprint card at the expense of the individual.
1715 (b) The department shall pay the expense of obtaining a fingerprint card required of:
1716 (i) an individual applying for employment with the department; or
1717 (ii) a department employee.
1718 (2) (a) The department shall obtain information from a criminal history record
1719 maintained by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10, Part
1720 2, Bureau of Criminal Identification, for a purpose outlined in Section 32B-1-306 .
1721 (b) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall pay to the
1722 department the expense of obtaining the criminal history record described in Subsection (2)(a).
1723 (c) The department shall pay the expense of obtaining the criminal history record
1724 required for:
1725 (i) an individual applying for employment with the department; or
1726 (ii) a department employee.
1727 (3) (a) The department shall submit a fingerprint card obtained under Section
1728 32B-1-305 of an individual who has not resided in the state for at least two years before the day
1729 on which the fingerprint card is submitted to the Utah Bureau of Criminal Identification to be
1730 forwarded to the Federal Bureau of Investigation for a nationwide criminal history record
1731 check.
1732 (b) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall pay to the
1733
1734 (c) The department shall pay the expense of obtaining the criminal history record
1735 required for:
1736 (i) an individual applying for employment with the department; or
1737 (ii) a department employee.
1738 (4) The department shall pay the Utah Bureau of Criminal Identification the costs
1739 incurred in providing the department criminal background information.
1740 (5) (a) The following may not disseminate a criminal history record obtained under this
1741 part to any person except for a purpose described in Section 32B-1-306 :
1742 (i) the commission;
1743 (ii) a commissioner;
1744 (iii) the director;
1745 (iv) the department; or
1746 (v) a department employee.
1747 (b) (i) Notwithstanding Subsection (5)(a), a criminal history record obtained under this
1748 part may be provided by the department to the individual who is the subject of the criminal
1749 history record.
1750 (ii) The department shall provide an individual who is the subject of a criminal history
1751 record and who requests the criminal history record an opportunity to:
1752 (A) review the criminal history record; and
1753 (B) respond to information in the criminal history record.
1754 (6) If an individual described in Subsection 32B-1-305 (2) is determined to be
1755 disqualified under Subsection 32B-1-306 (2)(b), the department shall provide the individual
1756 with:
1757 (a) notice of the reason for the disqualification; and
1758 (b) an opportunity to respond to the disqualification.
1759 (7) The department shall maintain the following in one or more separate files so that
1760 they may be accessed only for a purpose under Section 32B-1-306 :
1761 (a) a fingerprint card submitted under this part; and
1762 (b) a criminal history record received from:
1763 (i) the Utah Bureau of Criminal Identification; and
1764
1765 Section 21. Section 32B-1-401 is enacted to read:
1766
1767 32B-1-401. Title.
1768 This part is known as the "Proof of Age Act."
1769 Section 22. Section 32B-1-402 is enacted to read:
1770 32B-1-402. Definitions.
1771 As used in this part:
1772 (1) "Applicable licensee" means the following:
1773 (a) a dining club licensee; or
1774 (b) a social club licensee.
1775 (2) "Authorized person" means a person authorized by law to sell or otherwise handle
1776 an alcoholic product.
1777 (3) "Restricted area" means a place where an alcoholic product is sold or consumed,
1778 but where under this title a minor is not permitted.
1779 (4) "Statement of age" means a statement signed under Section 32B-1-405 verifying
1780 the age of the person signing the statement.
1781 Section 23. Section 32B-1-403 is enacted to read:
1782 32B-1-403. Unlawful transfer or use of proof of age -- False information.
1783 (1) (a) It is unlawful for a person to transfer that person's proof of age to another person
1784 to aid that person:
1785 (i) in procuring an alcoholic product;
1786 (ii) in gaining admittance to a restricted area; or
1787 (iii) in obtaining employment that under this title may not be obtained by a minor.
1788 (b) A person who permits that person's proof of age to be used by another for a purpose
1789 stated in Subsection (1)(a) is guilty of a class B misdemeanor.
1790 (2) (a) It is unlawful for a person to use a proof of age containing false information
1791 with the intent to:
1792 (i) procure an alcoholic product;
1793 (ii) gain admittance to a restricted area; or
1794 (iii) obtain employment that under this title may not be obtained by a minor.
1795
1796 is guilty of a class A misdemeanor.
1797 Section 24. Section 32B-1-404 is enacted to read:
1798 32B-1-404. Presentation of proof of age upon request.
1799 (1) To obtain one or more of the following, an individual shall present proof of age at
1800 the request of a person listed in Subsection (2):
1801 (a) an alcoholic product;
1802 (b) admittance to a restricted area; or
1803 (c) employment that under this title may not be obtained by a minor.
1804 (2) To determine whether the individual described in Subsection (1) is 21 years of age,
1805 the following may request a person described in Subsection (1) to present proof of age:
1806 (a) an authorized person;
1807 (b) a peace officer;
1808 (c) a representative of the State Bureau of Investigation of the Department of Public
1809 Safety, established in Section 53-10-301 ; or
1810 (d) an authorized department employee.
1811 Section 25. Section 32B-1-405 is enacted to read:
1812 32B-1-405. Additional requirements when age is in question.
1813 (1) (a) In addition to requesting the presentation of proof of age under Section
1814 32B-1-404 , an authorized person shall require an individual whose age is in question to sign a
1815 statement of age on the form provided under Subsection (1)(b) that includes:
1816 (i) the date the statement of age is signed; and
1817 (ii) the number assigned to the individual's proof of age by the issuing authority.
1818 (b) At the request of a retail licensee, the commissioner of public safety shall provide
1819 to a retail licensee the form for the statement of age described in this Subsection (1).
1820 (2) (a) An authorized person shall:
1821 (i) file in alphabetical order a statement of age obtained under Subsection (1) by no
1822 later than the close of business on the day on which the statement of age is executed; and
1823 (ii) maintain a statement of age on file for three years.
1824 (b) A statement of age is subject to examination by:
1825 (i) a peace officer;
1826
1827 Safety, established in Section 53-10-301 ; or
1828 (iii) an authorized department employee.
1829 Section 26. Section 32B-1-406 is enacted to read:
1830 32B-1-406. Acceptance of identification.
1831 (1) An authorized person may accept as evidence of the legal age of the individual
1832 presenting the following:
1833 (a) proof of age; or
1834 (b) if a statement of age is required under Section 32B-1-405 :
1835 (i) proof of age; and
1836 (ii) a statement of age.
1837 (2) A statement of age, if properly completed, signed, and filed in accordance with
1838 Section 32B-1-405 , may be offered as a defense in a case when there is at issue the legality of:
1839 (a) selling, offering for sale, or furnishing an alcoholic product to the individual who
1840 signed the statement of age;
1841 (b) admitting the individual who signed the statement of age into a restricted area; or
1842 (c) allowing the individual who signed the statement of age to be employed in
1843 employment that under this title may not be obtained by a minor.
1844 (3) An authorized person may not accept a driving privilege card issued in accordance
1845 with Section 53-3-207 as evidence of the legal age of an individual.
1846 Section 27. Section 32B-1-407 is enacted to read:
1847 32B-1-407. Verification of proof of age by applicable licensees.
1848 (1) Notwithstanding any other provision of this part, an applicable licensee shall
1849 require that an authorized person under the applicable licensee verify proof of age as provided
1850 in this section.
1851 (2) An authorized person is required to verify proof of age under this section before an
1852 individual who appears to be 35 years of age or younger:
1853 (a) gains admittance to the premises of a social club licensee; or
1854 (b) procures an alcoholic product on the premises of a dining club licensee.
1855 (3) To comply with Subsection (2), an authorized person shall:
1856 (a) request the individual present proof of age; and
1857
1858 program created in Subsection (4); or
1859 (ii) if the proof of age cannot be electronically verified as provided in Subsection
1860 (3)(b)(i), request that the individual comply with a process established by the commission by
1861 rule.
1862 (4) The commission shall establish by rule an electronic verification program that
1863 includes the following:
1864 (a) the specifications for the technology used by the applicable licensee to
1865 electronically verify proof of age, including that the technology display to the person described
1866 in Subsection (1) no more than the following for the individual who presents the proof of age:
1867 (i) the name;
1868 (ii) the age;
1869 (iii) the number assigned to the individual's proof of age by the issuing authority;
1870 (iv) the birth date;
1871 (v) the gender; and
1872 (vi) the status and expiration date of the individual's proof of age; and
1873 (b) the security measures that must be used by an applicable licensee to ensure that
1874 information obtained under this section is:
1875 (i) used by the applicable licensee only for purposes of verifying proof of age in
1876 accordance with this section; and
1877 (ii) retained by the applicable licensee for seven days after the day on which the
1878 applicable licensee obtains the information.
1879 (5) (a) An applicable licensee may not disclose information obtained under this section
1880 except as provided under this title.
1881 (b) Information obtained under this section is considered a record for any purpose
1882 under Chapter 5, Part 3, Retail Licensee Operational Requirements.
1883 Section 28. Section 32B-1-408 is enacted to read:
1884 32B-1-408. Penalty.
1885 (1) Unless otherwise provided in this title, including Section 32B-4-411 , a person who
1886 violates this part is guilty of a class B misdemeanor.
1887 (2) A person is not subject to a penalty for a violation of this part if it is proved to the
1888
1889 good faith.
1890 Section 29. Section 32B-1-501 is enacted to read:
1891
1892 32B-1-501. Title.
1893 This part is known as the "Attire, Conduct, and Entertainment Act."
1894 Section 30. Section 32B-1-502 is enacted to read:
1895 32B-1-502. Purpose -- Application to other laws.
1896 (1) This part establishes reasonable and uniform time, place, and manner of operation
1897 requirements relating to attire, conduct, and sexually oriented entertainers on premises or at an
1898 event at which an alcoholic product is sold, offered for sale, furnished, or allowed to be
1899 consumed under a retail license or permit issued by the commission so as to:
1900 (a) reduce the adverse secondary effects that the attire, conduct, and sexually oriented
1901 entertainers may have upon communities of this state; and
1902 (b) protect the health, peace, safety, welfare, and morals of the residents of
1903 communities of this state.
1904 (2) Nothing in this part allows the showing or display of any matter that is contrary to:
1905 (a) applicable federal or state statutes prohibiting obscenity; or
1906 (b) state statutes relating to lewdness or indecent public displays.
1907 (3) A local authority may be more restrictive of attire, conduct, or sexually oriented
1908 entertainers of the type prohibited in this part.
1909 Section 31. Section 32B-1-503 is enacted to read:
1910 32B-1-503. Definitions.
1911 Reserved
1912 Section 32. Section 32B-1-504 is enacted to read:
1913 32B-1-504. General requirements on attire and conduct.
1914 The following attire and conduct on premises or at an event regulated by the
1915 commission under this title are considered contrary to the public health, peace, safety, welfare,
1916 and morals, and are prohibited:
1917 (1) employing or using a person in the sale, offer for sale, or furnishing of an alcoholic
1918 product while the person is in:
1919
1920 (b) a state of seminudity; or
1921 (c) performance attire or clothing that exposes to view any portion of:
1922 (i) the female breast below the top of the areola; or
1923 (ii) the cleft of the buttocks;
1924 (2) employing or using the services of a person to mingle with patrons while the person
1925 is in:
1926 (a) a state of nudity;
1927 (b) a state of seminudity; or
1928 (c) performance attire or clothing that exposes to view any portion of:
1929 (i) the female breast below the top of the areola; or
1930 (ii) the cleft of the buttocks;
1931 (3) encouraging or permitting a person to:
1932 (a) engage in or simulate an act of:
1933 (i) sexual intercourse;
1934 (ii) masturbation;
1935 (iii) sodomy;
1936 (iv) bestiality;
1937 (v) oral copulation;
1938 (vi) flagellation; or
1939 (vii) a sexual act that is prohibited by Utah law; or
1940 (b) touch, caress, or fondle the breast, buttocks, anus, or genitals of any other person;
1941 (4) permitting a person to wear or use a device or covering that:
1942 (a) is exposed to view; and
1943 (b) simulates all or any portion of the human genitals, anus, pubic area, or female
1944 breast;
1945 (5) permitting a person to use an artificial device or inanimate object to depict an act
1946 prohibited by this section;
1947 (6) permitting a person to remain on premises or at an event who exposes to public
1948 view any portion of that person's:
1949 (a) genitals, pubic area, or anus; or
1950
1951 (7) showing a film, still picture, electronic reproduction, or other visual reproduction
1952 depicting:
1953 (a) an act or simulated act of:
1954 (i) sexual intercourse;
1955 (ii) masturbation;
1956 (iii) sodomy;
1957 (iv) bestiality;
1958 (v) oral copulation;
1959 (vi) flagellation; or
1960 (vii) a sexual act that is prohibited by Utah law;
1961 (b) a person being touched, caressed, or fondled on the breast, buttocks, anus, or
1962 genitals;
1963 (c) a scene wherein an artificial device or inanimate object is employed to depict, or a
1964 drawing is employed to portray, an act prohibited by this section; or
1965 (d) a scene wherein a person displays the genitals or anus.
1966 Section 33. Section 32B-1-505 is enacted to read:
1967 32B-1-505. Sexually oriented entertainer.
1968 (1) Subject to the requirements of this part, live entertainment is permitted on premises
1969 or at an event regulated by the commission.
1970 (2) Notwithstanding Subsection (1), a retail licensee or permittee may not permit a
1971 person to:
1972 (a) appear or perform in a state of nudity;
1973 (b) perform or simulate an act of:
1974 (i) sexual intercourse;
1975 (ii) masturbation;
1976 (iii) sodomy;
1977 (iv) bestiality;
1978 (v) oral copulation;
1979 (vi) flagellation; or
1980 (vii) a sexual act that is prohibited by Utah law; or
1981
1982 (3) A sexually oriented entertainer may perform in a state of seminudity:
1983 (a) only in:
1984 (i) a tavern; or
1985 (ii) a social club license premises; and
1986 (b) only if:
1987 (i) the windows, doors, and other apertures to the premises are darkened or otherwise
1988 constructed to prevent anyone outside the premises from seeing the performance; and
1989 (ii) the outside entrance doors of the premises remain unlocked.
1990 (4) A sexually oriented entertainer may perform only upon a stage or in a designated
1991 performance area that is:
1992 (a) approved by the commission in accordance with rules made by the commission;
1993 (b) configured so as to preclude a patron from:
1994 (i) touching the sexually oriented entertainer; or
1995 (ii) placing any money or object on or within the performance attire or the person of the
1996 sexually oriented entertainer; and
1997 (c) configured so as to preclude the sexually oriented entertainer from touching a
1998 patron.
1999 (5) A sexually oriented entertainer may not touch a patron:
2000 (a) during the sexually oriented entertainer's performance; or
2001 (b) while the sexually oriented entertainer is dressed in performance attire.
2002 (6) A sexually oriented entertainer, while in the portion of the premises used by
2003 patrons, must be dressed in opaque clothing which covers and conceals the sexually oriented
2004 entertainer's performance attire from the top of the breast to the knee.
2005 (7) A patron may not be on the stage or in the performance area while a sexually
2006 oriented entertainer is appearing or performing on the stage or in the performance area.
2007 (8) A patron may not:
2008 (a) touch a sexually oriented entertainer:
2009 (i) during the sexually oriented entertainer's performance; or
2010 (ii) while the sexually oriented entertainer is dressed in performance attire; or
2011 (b) place money or any other object on or within the performance attire or the person of
2012
2013 (9) A minor may not be on premises described in Subsection (3).
2014 (10) A person who appears or performs for the entertainment of patrons on premises or
2015 at an event regulated by the commission that is not a tavern or social club licensee:
2016 (a) may not appear or perform in a state of nudity or a state of seminudity; and
2017 (b) may appear or perform in opaque clothing that completely covers the person's
2018 genitals, pubic area, and anus if the covering:
2019 (i) is not less than the following at its widest point:
2020 (A) four inches coverage width in the front of the human body; and
2021 (B) five inches coverage width in the back of the human body;
2022 (ii) does not taper to less than one inch wide at the narrowest point; and
2023 (iii) if covering a female, completely covers the breast below the top of the areola.
2024 Section 34. Section 32B-1-506 is enacted to read:
2025 32B-1-506. Compliance -- Administrative enforcement.
2026 (1) A retail licensee, a permittee, and staff of a licensee or permittee shall comply with
2027 this part.
2028 (2) Failure to comply with this part may result in a disciplinary proceeding pursuant to
2029 Chapter 3, Disciplinary Actions and Enforcement Act, against:
2030 (a) a licensee or permittee;
2031 (b) staff of the licensee or permittee;
2032 (c) both a licensee and staff of the licensee; or
2033 (d) both a permittee and staff of the permittee.
2034 Section 35. Section 32B-1-601 is enacted to read:
2035
2036 32B-1-601. Title.
2037 This part is known as the "Malted Beverage Act."
2038 Section 36. Section 32B-1-602 is enacted to read:
2039 32B-1-602. Definitions.
2040 As used in this part:
2041 (1) "Malted beverage" means:
2042 (a) beer;
2043
2044 (c) heavy beer.
2045 (2) "Packaging" means the outer packaging that is visible to a consumer such as a
2046 carton, case, or other wrapper of a package.
2047 Section 37. Section 32B-1-603 is enacted to read:
2048 32B-1-603. Power of the commission and department to classify flavored malt
2049 beverages.
2050 (1) The commission and department shall regulate a flavored malt beverage as liquor.
2051 (2) (a) The department shall make available to the public on the Internet a list of the
2052 flavored malt beverages authorized to be sold in this state as liquor.
2053 (b) The list described in Subsection (2)(a) shall be updated at least quarterly.
2054 (3) (a) A manufacturer shall file, under penalty of perjury, a report with the department
2055 listing each flavored malt beverage manufactured by the manufacturer that the manufacturer
2056 wants to distribute in this state subject to the manufacturer holding:
2057 (i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5,
2058 Brewery Manufacturing License; or
2059 (ii) a certificate of approval.
2060 (b) A manufacturer may not distribute or sell in this state a flavored malt beverage if
2061 the manufacturer does not list the flavored malt beverage in a filing with the department in
2062 accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
2063 (4) The department may require a manufacturer of a flavored malt beverage to provide
2064 the department with a copy of the following filed with the federal Alcohol and Tobacco Tax
2065 and Trade Bureau, pursuant to 27 C.F.R. Sec. 25.55:
2066 (a) a statement of process; or
2067 (b) a formula.
2068 (5) (a) A manufacturer of an alcoholic product that the department is classifying or
2069 proposes to classify as a flavored malt beverage may submit evidence to the department that its
2070 alcoholic product should not be treated as liquor under this section because the alcoholic
2071 product:
2072 (i) is obtained by fermentation, infusion, or decoction of a malted grain;
2073 (ii) is produced by processing, filtration, or another method of manufacture that is
2074
2075 Sec. 25.55;
2076 (iii) does not have added to it a flavor or other ingredient containing alcohol, except for
2077 a hop extract; and
2078 (iv) (A) is not one for which the producer is required to file a formula for approval with
2079 the federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
2080 (B) is exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
2081 (b) The department shall review the evidence submitted by the manufacturer under this
2082 Subsection (5).
2083 (c) The department shall make available to the public on the Internet a list of the
2084 alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
2085 (d) A decision of the department under this Subsection (5) may be appealed to the
2086 commission.
2087 Section 38. Section 32B-1-604 is enacted to read:
2088 32B-1-604. Requirements for labeling and packaging -- Authority of the
2089 commission and department.
2090 (1) A manufacturer may not distribute or sell a malted beverage:
2091 (a) unless the label and packaging of the malted beverage:
2092 (i) complies with the federal label requirements of 27 C.F.R. Parts 7, 13, and 16; and
2093 (ii) clearly gives notice to the public that the malted beverage is an alcoholic product;
2094 and
2095 (b) until the day on which the department in accordance with this title and rules of the
2096 commission approves the label and packaging of the malted beverage.
2097 (2) The department shall review the label and packaging of a malted beverage to ensure
2098 that the label and packaging meet the requirements of Subsection (1)(a).
2099 (3) A manufacturer may comply with the requirement of Subsection (1)(a)(ii) by
2100 including on a label and packaging for a malted beverage any of the following terms:
2101 (a) beer;
2102 (b) ale;
2103 (c) porter;
2104 (d) stout;
2105
2106 (f) lager beer; or
2107 (g) another class or type designation commonly applied to a malted beverage that
2108 conveys by a recognized term that the product contains alcohol.
2109 Section 39. Section 32B-1-605 is enacted to read:
2110 32B-1-605. General procedure for approval.
2111 (1) To obtain approval of the label and packaging of a malted beverage, the
2112 manufacturer of the malted beverage shall submit an application to the department for
2113 approval.
2114 (2) The application described in Subsection (1) shall be on a form approved by the
2115 department and include the following:
2116 (a) a copy of a federal certificate of label approval from the Department of Treasury,
2117 Tax and Trade Bureau, for each brand and label for which the manufacturer is seeking
2118 approval;
2119 (b) a complete set of original labels for each size of package of the malted beverage;
2120 (c) a description of the size of the package on which a label will be placed;
2121 (d) a description of each type of package of the malted beverage; and
2122 (e) a description of any packaging for the malted beverage.
2123 (3) The department may assess a reasonable fee for reviewing a label and packaging for
2124 approval.
2125 (4) (a) The department shall notify a manufacturer within 30 days after the day on
2126 which the manufacturer submits an application whether the label and packaging is approved or
2127 denied.
2128 (b) If the department determines that an unusual circumstance requires additional time,
2129 the department may extend the time period described in Subsection (4)(a).
2130 (5) A manufacturer shall obtain the approval of the department of a revision of a
2131 previously approved label and packaging before a malted beverage using the revised label and
2132 packaging may be distributed or sold in this state.
2133 (6) (a) The department may revoke a label and packaging previously approved upon a
2134 finding that the label and packaging is not in compliance with this title or rules of the
2135 commission.
2136
2137 packaging at least five business days before the day on which a label and packaging approval is
2138 considered revoked.
2139 (c) After receiving notice under Subsection (6)(b), a manufacturer may present written
2140 argument or evidence to the department on why the revocation should not occur.
2141 (7) A manufacturer that applies for approval of a label and packaging may appeal a
2142 denial or revocation of a label and packaging approval to the commission.
2143 Section 40. Section 32B-1-606 is enacted to read:
2144 32B-1-606. Special procedure for flavored malt beverages.
2145 (1) If a flavored malt beverage is labeled or packaged in a manner that is similar to a
2146 label or packaging used for a nonalcoholic beverage, a manufacturer of the flavored malt
2147 beverage may not distribute or sell the flavored malt beverage in this state until the day on
2148 which the manufacturer receives approval of the labeling and packaging from the department in
2149 accordance with:
2150 (a) Sections 32B-1-604 and 32B-1-605 ; and
2151 (b) this section.
2152 (2) The department may not approve the labeling and packaging of a flavored malt
2153 beverage described in Subsection (1) unless in addition to the requirements of Section
2154 32B-1-604 the labeling and packaging complies with the following:
2155 (a) The label on the flavored malt beverage shall bear a prominently displayed label or
2156 a firmly affixed sticker that provides the following information:
2157 (i) the statement:
2158 (A) "alcoholic beverage"; or
2159 (B) "contains alcohol"; and
2160 (ii) the alcohol content of the flavored malt beverage.
2161 (b) Packaging of a flavored malt beverage shall prominently include, either imprinted
2162 on the packaging or imprinted on a sticker firmly affixed to the packaging, the statement:
2163 (i) "alcoholic beverage"; or
2164 (ii) "contains alcohol".
2165 (c) A statement required by Subsection (2)(a) or (b) shall appear in a format required
2166 by rule made by the commission.
2167
2168 (i) shall state the alcohol content as a percentage of alcohol by volume or by weight;
2169 (ii) may not use an abbreviation, but shall use the complete words "alcohol," "volume,"
2170 or "weight"; and
2171 (iii) shall be in a format required by rule made by the commission.
2172 (3) The department may reject a label or packaging that appears designed to obscure
2173 the information required by Subsection (2).
2174 (4) To determine whether a flavored malt beverage is described in Subsection (1) and
2175 subject to this section, the department may consider in addition to other factors one or more of
2176 the following factors:
2177 (a) whether the coloring, carbonation, and packaging of the flavored malt beverage:
2178 (i) is similar to those of a nonalcoholic beverage or product; or
2179 (ii) can be confused with a nonalcoholic beverage;
2180 (b) whether the flavored malt beverage possesses a character and flavor distinctive
2181 from a traditional malted beverage;
2182 (c) whether the flavored malt beverage:
2183 (i) is prepackaged;
2184 (ii) contains high levels of caffeine and other additives; and
2185 (iii) is marketed as a beverage that is specifically designed to provide energy;
2186 (d) whether the flavored malt beverage contains added sweetener or sugar substitutes;
2187 or
2188 (e) whether the flavored malt beverage contains an added fruit flavor or other flavor
2189 that masks the taste of a traditional malted beverage.
2190 Section 41. Section 32B-1-607 is enacted to read:
2191 32B-1-607. Rulemaking authority.
2192 The commission may adopt rules necessary to implement this part.
2193 Section 42. Section 32B-1-608 is enacted to read:
2194 32B-1-608. Disciplinary proceeding for violation.
2195 A person who violates this part is subject to a disciplinary proceeding under Chapter 3,
2196 Disciplinary Actions and Enforcement Act.
2197 Section 43. Section 32B-2-101 is enacted to read:
Senate Committee Amendments 2-24-2010 rd/po
2198
2198
2199
2200 32B-2-101. Title.
2201 This chapter is known as the "Alcoholic Beverage Control Administration Act."
2202 Section 44. Section 32B-2-102 is enacted to read:
2203 32B-2-102. Definitions.
2204 Reserved
2205 Section 45. Section 32B-2-201 is enacted to read:
2206
2207 32B-2-201. Alcoholic Beverage Control Commission created.
2208 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
2209 the governing board over the department.
2210 (2) (a) The commission is composed of five part-time commissioners appointed by the
2211 governor with the consent of the Senate.
2212 (b) No more than three commissioners may be of the same political party.
2213 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
2214 governor shall appoint each new commissioner or reappointed commissioner to a four-year
2215 term.
2216 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2217 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
2218 more than two commissioners expire in a fiscal year.
2219 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
2220 appoint a replacement for the unexpired term with the consent of the Senate.
2221 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
2222 the commission after the expiration of a term until a successor is appointed by the governor,
2223 with the consent of the Senate.
2224 (5) S. [
2225 (i)
2226 (ii) give a bond to the state for faithful performance of duties:
2227 (A) in an amount determined by the Division of Finance; and
2228 (B) in a form approved by the attorney general.
Senate Committee Amendments 2-24-2010 rd/po
2229
S. [
2229
2230 (6) (a) The governor may remove a commissioner from the commission for cause after
2231 a public hearing conducted by:
2232 (i) the governor; or
2233 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
2234 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
2235 shall provide the commissioner notice of:
2236 (i) the date, time, and place of the hearing; and
2237 (ii) the alleged grounds for the removal.
2238 (c) The commissioner shall have an opportunity to:
2239 (i) attend the hearing;
2240 (ii) present witnesses and other evidence; and
2241 (iii) confront and cross examine witnesses.
2242 (d) After a hearing under this Subsection (6):
2243 (i) the person conducting the hearing shall prepare written findings of fact and
2244 conclusions of law; and
2245 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
2246 commissioner.
2247 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
2248 examiner shall issue a written recommendation to the governor in addition to complying with
2249 Subsection (6)(d).
2250 (f) A commissioner has five days from the day on which the commissioner receives the
2251 findings and conclusions described in Subsection (6)(d) to file written objections to the
2252 recommendation before the governor issues a final order.
2253 (g) The governor shall:
2254 (i) issue the final order under this Subsection (6) in writing; and
2255 (ii) serve the final order upon the commissioner.
2256 (7) (a) A commissioner may not receive compensation or benefits for the
2257 commissioner's service, but may receive per diem and expenses incurred in the performance of
2258 the commissioner's official duties at the rates established by the Division of Finance under
2259 Sections 63A-3-106 and 63A-3-107 .
2260
2261 commissioner's service.
2262 (8) (a) (i) The commission shall elect:
2263 (A) one commissioner to serve as chair;
2264 (B) another commissioner to serve as vice chair; and
2265 (C) other commission officers as the commission considers advisable.
2266 (ii) A commissioner shall serve in the office to which the commissioner is elected
2267 under Subsection (8)(a)(i) at the pleasure of the commission.
2268 (b) Each commissioner has equal voting rights on a commission matter when in
2269 attendance at a commission meeting.
2270 (c) Three commissioners is a quorum for conducting commission business.
2271 (d) A majority vote of the quorum present at a meeting is required for the commission
2272 to act.
2273 (9) (a) The commission shall meet at least monthly, but may hold other meetings at
2274 times and places as scheduled by:
2275 (i) the commission;
2276 (ii) the chair; or
2277 (iii) three commissioners upon filing a written request for a meeting with the chair.
2278 (b) Notice of the time and place of a commission meeting shall be given to each
2279 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
2280 Meetings Act. A commission meeting is open to the public, except for a commission meeting
2281 or portion of a commission meeting that is closed by the commission as authorized by Sections
2282 52-4-204 and 52-4-205 .
2283 Section 46. Section 32B-2-202 is enacted to read:
2284 32B-2-202. Powers and duties of the commission.
2285 (1) The commission shall:
2286 (a) act as a general policymaking body on the subject of alcoholic product control;
2287 (b) adopt and issue policies, rules, and procedures;
2288 (c) set policy by written rules that establish criteria and procedures for:
2289 (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
2290 permit, or certificate of approval; and
2291
2292 (d) decide within the limits, and under the conditions imposed by this title, the number
2293 and location of state stores, package agencies, and retail licensees in the state;
2294 (e) issue, deny, suspend, revoke, or not renew the following package agencies, licenses,
2295 permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing,
2296 consumption, manufacture, and distribution of an alcoholic product:
2297 (i) a package agency;
2298 (ii) a full-service restaurant license;
2299 (iii) a limited-service restaurant license;
2300 (iv) a club license;
2301 (v) an airport lounge license;
2302 (vi) an on-premise banquet license;
2303 (vii) a resort license, under which four or more sublicenses may be included;
2304 (viii) an on-premise beer retailer license;
2305 (ix) a single event permit;
2306 (x) a temporary beer event permit;
2307 (xi) a special use permit;
2308 (xii) a manufacturing license;
2309 (xiii) a liquor warehousing license;
2310 (xiv) a beer wholesaling license; and
2311 (xv) an out-of-state brewer certificate of approval;
2312 (f) in accordance with Section 32B-5-205 , issue, deny, suspend, or revoke one of the
2313 following conditional licenses for the purchase, storage, sale, furnishing, consumption,
2314 manufacture, and distribution of an alcoholic product:
2315 (i) a conditional full-service restaurant license; or
2316 (ii) a conditional limited-service restaurant license;
2317 (g) prescribe the duties of the department in assisting the commission in issuing a
2318 package agency, license, permit, or certificate of approval under this title;
2319 (h) to the extent a fee is not specified in this title, establish a fee allowed under this title
2320 in accordance with Section 63J-1-504 ;
2321 (i) fix prices at which liquor is sold that are the same at all state stores, package
2322
2323 (j) issue and distribute price lists showing the price to be paid by a purchaser for each
2324 class, variety, or brand of liquor kept for sale by the department;
2325 (k) (i) require the director to follow sound management principles; and
2326 (ii) require periodic reporting from the director to ensure that:
2327 (A) sound management principles are being followed; and
2328 (B) policies established by the commission are being observed;
2329 (l) (i) receive, consider, and act in a timely manner upon the reports, recommendations,
2330 and matters submitted by the director to the commission; and
2331 (ii) do the things necessary to support the department in properly performing the
2332 department's duties;
2333 (m) obtain temporarily and for special purposes the services of an expert or person
2334 engaged in the practice of a profession, or a person who possess a needed skill if:
2335 (i) considered expedient; and
2336 (ii) approved by the governor;
2337 (n) prescribe the conduct, management, and equipment of premises upon which an
2338 alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
2339 (o) make rules governing the credit terms of beer sales within the state to retail
2340 licensees; and
2341 (p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
2342 disciplinary action against a person subject to administrative action.
2343 (2) The power of the commission to do the following is plenary, except as otherwise
2344 provided by this title, and not subject to review:
2345 (a) establish a state store;
2346 (b) issue authority to act as a package agent or operate a package agency; and
2347 (c) issue or deny a license, permit, or certificate of approval.
2348 (3) If the commission is authorized or required to make a rule under this title, the
2349 commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
2350 Rulemaking Act.
2351 Section 47. Section 32B-2-203 is enacted to read:
2352 32B-2-203. Department of Alcoholic Beverage Control created.
2353
2354 governed by the commission.
2355 (2) The director of alcoholic beverage control appointed under Section 32B-2-205 shall
2356 administer the department.
2357 (3) The director shall allocate the duties within the department into the divisions,
2358 bureaus, sections, offices, and committees as the director considers necessary for the
2359 administration of this title.
2360 (4) The department shall cooperate with any other recognized agency in the
2361 administration of this title and in the enforcement of a policy or rule of the commission or
2362 policy of the director.
2363 Section 48. Section 32B-2-204 is enacted to read:
2364 32B-2-204. Powers and duties of the department -- Immunity.
2365 (1) The department shall control liquor merchandise inventory including:
2366 (a) listing and delisting a product;
2367 (b) the procedures for testing a new product;
2368 (c) purchasing policy;
2369 (d) turnover requirements for a regularly coded product to be continued; and
2370 (e) the disposition of discontinued, distressed, or unsaleable merchandise.
2371 (2) (a) The department shall report to the governor on the administration of this title:
2372 (i) as the governor may require; and
2373 (ii) annually by no later than November 30, for the fiscal year ending June 30 of the
2374 year in which the report is made.
2375 (b) A report under this Subsection (2) shall contain:
2376 (i) a statement of the nature and amount of the business transacted by the department
2377 during the year;
2378 (ii) a statement of the department's assets and liabilities including a profit and loss
2379 account, and other accounts and matters necessary to show the results of operations of the
2380 department for the year;
2381 (iii) general information on the application of this title in the state; and
2382 (iv) any other information requested by the governor.
2383 (c) The department shall submit a copy of a report described in this Subsection (2) to
2384
2385 (3) The department shall maintain insurance against loss on each motor vehicle
2386 operated by it on any public highway. A motor vehicle shall be covered for:
2387 (a) liability imposed by law upon the department for damages from bodily injuries
2388 suffered by one or more persons by reason of the ownership, maintenance, or use of the motor
2389 vehicle; and
2390 (b) liability or loss from damage to or destruction of property of any description,
2391 including liability of the department for the resultant loss of use of the property, which results
2392 from accident due to the ownership, maintenance, or use of the motor vehicle.
2393 (4) (a) The department may sue, be sued, and defend in a proceeding, in a court of law
2394 or otherwise, in the name of the department.
2395 (b) An action may not be taken:
2396 (i) against the commission; or
2397 (ii) in the name of a commissioner.
2398 (5) The department is liable to respond in damages in a case if a private corporation
2399 under the same circumstances would be liable.
2400 (6) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies in an action
2401 commenced against the department for damages sustained as a result of department ownership,
2402 maintenance, or use of a motor vehicle under Subsections (4) and (5).
2403 (b) In an action described in Subsection (6)(a), the commission and each commissioner
2404 are immune from suit.
2405 Section 49. Section 32B-2-205 is enacted to read:
2406 32B-2-205. Director of alcoholic beverage control.
2407 (1) (a) The commission by a vote of four of the five commissioners, and with the
2408 approval of the governor, shall appoint a director of alcoholic beverage control who is the
2409 administrative head of the department.
2410 (b) The director serves at the pleasure of the commission, except that the director may
2411 only be removed from office by a vote of four commissioners.
2412 (c) The director may not be a commissioner.
2413 (d) The director shall:
2414 (i) be qualified in administration;
2415
2416 and
2417 (iii) possess any other qualification prescribed by the commission.
2418 (2) The governor shall establish the director's compensation within the salary range
2419 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2420 (3) The director shall:
2421 (a) carry out the policies of the commission;
2422 (b) carry out the policies of the department;
2423 (c) fully inform the commission of the operations and administrative activities of the
2424 department; and
2425 (d) assist the commission in the proper discharge of the commission's duties.
2426 Section 50. Section 32B-2-206 is enacted to read:
2427 32B-2-206. Powers and duties of the director.
2428 Subject to the powers and responsibilities of the commission under this title, the
2429 director:
2430 (1) (a) shall prepare and propose to the commission general policies, rules, and
2431 procedures governing the administrative activities of the department; and
2432 (b) may submit other recommendations to the commission as the director considers in
2433 the interest of the commission's or the department's business;
2434 (2) within the general policies, rules, and procedures of the commission, shall:
2435 (a) provide day-to-day direction, coordination, and delegation of responsibilities in the
2436 administrative activities of the department's business; and
2437 (b) make internal department policies and procedures relating to:
2438 (i) department personnel matters; and
2439 (ii) the day-to-day operation of the department;
2440 (3) subject to Section 32B-2-207 , shall appoint or employ personnel as considered
2441 necessary in the administration of this title, and with regard to the personnel shall:
2442 (a) prescribe the conditions of employment;
2443 (b) define the respective duties and powers;
2444 (c) fix the remuneration in accordance with Title 67, Chapter 19, Utah State Personnel
2445 Management Act;
2446
2447 (e) specify the bond amounts;
2448 (4) shall establish and secure adherence to a system of reports, controls, and
2449 performance in matters relating to personnel, security, department property management, and
2450 operation of:
2451 (a) a department office;
2452 (b) a warehouse;
2453 (c) a state store; and
2454 (d) a package agency;
2455 (5) within the policies, rules, and procedures approved by the commission and
2456 provisions of law, shall purchase, store, keep for sale, sell, import, and control the storage, sale,
2457 furnishing, transportation, or delivery of an alcoholic product;
2458 (6) shall prepare for commission approval:
2459 (a) recommendations regarding the location, establishment, relocation, and closure of a
2460 state store or package agency;
2461 (b) recommendations regarding the issuance, denial, nonrenewl, suspension, or
2462 revocation of a license, permit, or certificate of approval;
2463 (c) an annual budget, proposed legislation, and reports as required by law and sound
2464 business principles;
2465 (d) plans for reorganizing divisions of the department and the functions of the
2466 divisions;
2467 (e) manuals containing commission and department policies, rules, and procedures;
2468 (f) an inventory control system;
2469 (g) any other report or recommendation requested by the commission;
2470 (h) rules described in Subsection 32B-2-202 (1)(o) governing the credit terms of the
2471 sale of beer;
2472 (i) rules governing the calibration, maintenance, and regulation of a calibrated metered
2473 dispensing system;
2474 (j) rules governing the display of a list of types and brand names of liquor furnished
2475 through a calibrated metered dispensing system;
2476 (k) price lists issued and distributed showing the price to be paid for each class, variety,
2477
2478 (l) policies or rules prescribing the books of account maintained by the department and
2479 by a state store, package agency, or retail licensee; and
2480 (m) a policy prescribing the manner of giving and serving a notice required by this title
2481 or rules made under this title;
2482 (7) shall make available through the department to any person, upon request, a copy of
2483 a policy made by the director;
2484 (8) shall make and maintain a current copy of a manual that contains the rules and
2485 policies of the commission and department available for public inspection;
2486 (9) (a) after consultation with the governor, shall determine whether an alcoholic
2487 product should not be sold, offered for sale, or otherwise furnished in an area of the state
2488 during a period of emergency that is proclaimed by the governor to exist in that area; and
2489 (b) shall issue a necessary public announcement or policy with respect to the
2490 determination described in Subsection (9)(a); and
2491 (10) shall perform any other duty required by the commission or by law.
2492 Section 51. Section 32B-2-207 is enacted to read:
2493 32B-2-207. Department employees -- Requirements.
2494 (1) Subject to this title, including the requirements of Chapter 1, Part 3, Qualifications
2495 and Background, the director may prescribe the qualifications of a department employee.
2496 (2) (a) A person who seeks employment with the department shall file with the
2497 department an application under oath or affirmation in a form prescribed by the commission.
2498 (b) Upon receiving an application, the department shall determine whether the
2499 individual is:
2500 (i) of good moral character; and
2501 (ii) qualified for the position sought.
2502 (c) The department shall select an individual for employment or advancement with the
2503 department in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
2504 (3) The following are not considered a department employee:
2505 (a) a package agent;
2506 (b) a licensee;
2507 (c) a staff member of a package agent; or
2508
2509 (4) The department may not employ a minor to:
2510 (a) work in:
2511 (i) a state store; or
2512 (ii) a departmental warehouse; or
2513 (b) engage in an activity involving the handling of an alcoholic product.
2514 Section 52. Section 32B-2-208 is enacted to read:
2515 32B-2-208. Services of State Health Laboratory.
2516 The State Health Laboratory shall make its services available to the department when
2517 necessary. The department shall pay for the services from the Liquor Control Fund to the
2518 Department of Health.
2519 Section 53. Section 32B-2-301 is enacted to read:
2520
2521 32B-2-301. State property -- Liquor Control Fund.
2522 (1) The following are property of the state:
2523 (a) the money received by the department in the administration of this title, except as
2524 otherwise provided; and
2525 (b) property acquired, administered, possessed, or received by the department.
2526 (2) (a) There is created an enterprise fund known as the "Liquor Control Fund."
2527 (b) Except as provided in Section 32B-3-205 , money received in the administration of
2528 this title shall be paid to the department and transferred to the Liquor Control Fund.
2529 (c) The state treasurer shall by warrant draw from the Liquor Control Fund the
2530 expenses, debts, and liabilities incurred by the department in connection with the
2531 administration of this title or any other expense necessary for the administration of this title,
2532 including:
2533 (i) salaries;
2534 (ii) premiums, if any, on a bond for which the department pays premiums; and
2535 (iii) an expenditure incurred in establishing, operating, or maintaining a state store or
2536 package agency.
2537 (d) The department shall transfer annually from the Liquor Control Fund to the General
2538 Fund a sum equal to the amount of net profit earned from the sale of liquor since the preceding
2539
2540 September 30 after a fiscal year.
2541 (3) (a) By the end of each day, the department shall:
2542 (i) make a deposit to a qualified depository, as defined in Section 51-7-3 ; and
2543 (ii) report the deposit to the state treasurer.
2544 (b) A commissioner or department employee is not personally liable for a loss caused
2545 by the default or failure of a qualified depository.
2546 (c) Money deposited in a qualified depository is entitled to the same priority of
2547 payment as other public funds of the state.
2548 (4) If the cash balance of the Liquor Control Fund is not adequate to cover a warrant
2549 drawn against the Liquor Control Fund by the state treasurer, the cash resources of the General
2550 Fund may be used to the extent necessary. At no time may the fund equity of the Liquor
2551 Control Fund fall below zero.
2552 Section 54. Section 32B-2-302 is enacted to read:
2553 32B-2-302. Exempt from Division of Finance -- Annual audits.
2554 (1) The laws that govern the Division of Finance are not applicable to the department
2555 in the purchase and sale of an alcoholic product.
2556 (2) (a) The state auditor, or a person appointed by the state auditor, shall annually audit
2557 the department's accounts.
2558 (b) If an audit is conducted by a person appointed by the state auditor, the person shall
2559 make the audit report to the state auditor.
2560 (c) The state auditor shall submit a copy of an audit report to the Legislature by no later
2561 than the January 1 following the close of the fiscal year for which the audit report is made.
2562 Section 55. Section 32B-2-303 is enacted to read:
2563 32B-2-303. Purchase of liquor.
2564 (1) The department may not purchase or stock spirituous liquor in a package smaller
2565 than 200 milliliters, except as otherwise allowed by the commission.
2566 (2) (a) An order by the department for the purchase of liquor, or a cancellation by the
2567 department of an order of liquor:
2568 (i) shall be executed in writing by the department; and
2569 (ii) is not valid or binding unless executed in writing.
2570
2571 three years.
2572 (c) An electronic record satisfies Subsections (2)(a) and (b) pursuant to Title 46,
2573 Chapter 4, Uniform Electronic Transactions Act.
2574 Section 56. Section 32B-2-304 is enacted to read:
2575 32B-2-304. Liquor prices -- School lunch program.
2576 (1) For purposes of this section:
2577 (a) (i) "Landed case cost" means:
2578 (A) the cost of the product; and
2579 (B) inbound shipping costs incurred by the department.
2580 (ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
2581 of the department to a state store.
2582 (b) "Proof gallon" has the same meaning as in 26 U.S.C. Sec. 5002.
2583 (c) Notwithstanding Section 32B-1-102 , "small brewer" means a brewer who
2584 manufactures in a calendar year less than 40,000 barrels of beer, heavy beer, and flavored malt
2585 beverage.
2586 (2) Except as provided in Subsection (3):
2587 (a) spirituous liquor sold by the department within the state shall be marked up in an
2588 amount not less than 86% above the landed case cost to the department;
2589 (b) wine sold by the department within the state shall be marked up in an amount not
2590 less than 86% above the landed case cost to the department;
2591 (c) heavy beer sold by the department within the state shall be marked up in an amount
2592 not less than 64.5% above the landed case cost to the department; and
2593 (d) a flavored malt beverage sold by the department within the state shall be marked up
2594 in an amount not less than 86% above the landed case cost to the department.
2595 (3) (a) Liquor sold by the department to a military installation in Utah shall be marked
2596 up in an amount not less than 15% above the landed case cost to the department.
2597 (b) Except for spirituous liquor sold by the department to a military installation in
2598 Utah, spirituous liquor that is sold by the department within the state shall be marked up 47%
2599 above the landed case cost to the department if:
2600 (i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
2601
2602 (ii) the manufacturer applies to the department for a reduced markup.
2603 (c) Except for wine sold by the department to a military installation in Utah, wine that
2604 is sold by the department within the state shall be marked up 47% above the landed case cost to
2605 the department if:
2606 (i) the wine is manufactured by a manufacturer producing less than 20,000 gallons of
2607 wine in a calendar year; and
2608 (ii) the manufacturer applies to the department for a reduced markup.
2609 (d) Except for heavy beer sold by the department to a military installation in Utah,
2610 heavy beer that is sold by the department within the state shall be marked up 30% above the
2611 landed case cost to the department if:
2612 (i) a small brewer manufactures the heavy beer; and
2613 (ii) the small brewer applies to the department for a reduced markup.
2614 (e) The department shall verify an amount described in Subsection (3)(b) or (c)
2615 pursuant to a federal or other verifiable production report.
2616 (4) The department shall deposit 10% of the total gross revenue from sales of liquor
2617 with the state treasurer to be credited to the Uniform School Fund and used to support the
2618 school lunch program administered by the State Board of Education under Section
2619 53A-19-201 .
2620 (5) This section does not prohibit the department from selling discontinued items at a
2621 discount.
2622 Section 57. Section 32B-2-401 is enacted to read:
2623
2624 32B-2-401. Title.
2625 This part is known as the "Alcoholic Beverage Enforcement and Treatment Restricted
2626 Account Act."
2627 Section 58. Section 32B-2-402 is enacted to read:
2628 32B-2-402. Definitions -- Calculations.
2629 (1) As used in this part:
2630 (a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
2631 Account created in Section 32B-2-403 .
2632
2633 (i) a violation of:
2634 (A) Section 41-6a-502 ; or
2635 (B) an ordinance that complies with the requirements of:
2636 (I) Subsection 41-6a-510 (1); or
2637 (II) Section 76-5-207 ; or
2638 (ii) an offense involving the illegal:
2639 (A) sale of an alcoholic product;
2640 (B) consumption of an alcoholic product;
2641 (C) distribution of an alcoholic product;
2642 (D) transportation of an alcoholic product; or
2643 (E) possession of an alcoholic product.
2644 (c) "Annual conviction time period" means the time period that:
2645 (i) begins on July 1 and ends on June 30; and
2646 (ii) immediately precedes the fiscal year for which an appropriation under this part is
2647 made.
2648 (d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
2649 Coordinating Council created in Section 63M-7-301 .
2650 (e) "Municipality" means:
2651 (i) a city; or
2652 (ii) a town.
2653 (2) For purposes of this part, the number of state stores, package agencies, and retail
2654 licensees located within the limits of a municipality or county:
2655 (a) is the number determined by the department to be so located;
2656 (b) includes the aggregate number of premises of the following:
2657 (i) a state store;
2658 (ii) a package agency; and
2659 (iii) a retail licensee, except for an on-premise beer retailer; and
2660 (c) for a county, consists only of the number located within an unincorporated area of
2661 the county.
2662 (3) The department shall determine:
2663
2664 the Utah Population Estimates Committee;
2665 (b) a county's population for the 25% distribution to municipalities and counties under
2666 Subsection 32B-2-404 (1)(b)(i) only with reference to the population in the unincorporated
2667 areas of the county; and
2668 (c) a county's population for the 25% distribution to counties under Subsection
2669 32B-2-404 (1)(b)(iv) only with reference to the total population in the county, including that of
2670 a municipality.
2671 (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
2672 offense to judgment.
2673 (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
2674 the municipality or county that, except for the guilty plea, would have prosecuted the offense.
2675 Section 59. Section 32B-2-403 is enacted to read:
2676 32B-2-403. Alcoholic Beverage Enforcement and Treatment Restricted Account
2677 created.
2678 (1) (a) There is created in the General Fund a restricted account known as the
2679 "Alcoholic Beverage Enforcement and Treatment Restricted Account."
2680 (b) The account is funded from:
2681 (i) money deposited by the state treasurer in accordance with Section 59-15-109 ;
2682 (ii) appropriations made to the account by the Legislature; and
2683 (iii) interest described in Subsection (1)(c).
2684 (c) Interest earned on the account shall be deposited into the account.
2685 (2) (a) Consistent with the policies provided in Subsection 32B-1-103 (4)(b), money in
2686 the account shall be used for statewide public purposes, including promoting the reduction of
2687 the harmful effects of over consumption of alcoholic products by an adult and alcohol
2688 consumption by minors, by exclusively funding programs or projects related to prevention,
2689 treatment, detection, prosecution, and control of violations of this title and other offenses in
2690 which alcohol is a contributing factor except as provided in Subsection (2)(b).
2691 (b) The portion distributed under this part to a county may also be used for the
2692 confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
2693 contributing factor.
2694
2695 as required by this Subsection (2).
2696 (3) The appropriations provided for under Section 32B-2-404 are:
2697 (a) intended to supplement the budget of the appropriate agencies of each municipality
2698 and county within the state to enable the municipalities and counties to more effectively fund
2699 the programs and projects described in Subsection (2); and
2700 (b) not intended to replace money that would otherwise be allocated for the programs
2701 and projects in Subsection (2).
2702 Section 60. Section 32B-2-404 is enacted to read:
2703 32B-2-404. Alcoholic Beverage Enforcement and Treatment Restricted Account
2704 distribution.
2705 (1) (a) The money deposited into the account under Section 32B-2-403 shall be
2706 distributed to municipalities and counties:
2707 (i) to the extent appropriated by the Legislature, except that the Legislature shall
2708 appropriate each fiscal year an amount equal to at least the amount deposited in the account in
2709 accordance with Section 59-15-109 ; and
2710 (ii) as provided in this Subsection (1).
2711 (b) The amount appropriated from the account shall be distributed as follows:
2712 (i) 25% to municipalities and counties on the basis of the percentage of the state
2713 population residing in each municipality and county;
2714 (ii) 30% to municipalities and counties on the basis of each municipality's and county's
2715 percentage of the statewide convictions for all alcohol-related offenses;
2716 (iii) 20% to municipalities and counties on the basis of the percentage of the state
2717 stores, package agencies, liquor licensees, and beer licensees in the state that are located in
2718 each municipality and county; and
2719 (iv) 25% to the counties for confinement and treatment purposes authorized by this part
2720 on the basis of the percentage of the state population located in each county.
2721 (c) (i) Except as provided in Subsection (1)(c)(ii), if a municipality does not have a law
2722 enforcement agency:
2723 (A) the municipality may not receive money under this part; and
2724 (B) the State Tax Commission:
2725
2726 municipality not having a law enforcement agency to that municipality; and
2727 (II) shall distribute the money that the municipality would have received but for it not
2728 having a law enforcement agency to the county in which the municipality is located for use by
2729 the county in accordance with this part.
2730 (ii) If the coordinating council finds that a municipality described in Subsection
2731 (1)(c)(i) demonstrates that the municipality can use the money that the municipality is
2732 otherwise eligible to receive in accordance with this part, the coordinating council may direct
2733 the State Tax Commission to distribute the money to the municipality.
2734 (2) To determine the distribution required by Subsection (1)(b)(ii), the State Tax
2735 Commission shall annually:
2736 (a) for an annual conviction time period:
2737 (i) multiply by two the total number of convictions in the state obtained during the
2738 annual conviction time period for violation of:
2739 (A) Section 41-6a-502 ; or
2740 (B) an ordinance that complies with the requirements of Subsection 41-6a-510 (1) or
2741 Section 76-5-207 ; and
2742 (ii) add to the number calculated under Subsection (2)(a)(i) the number of convictions
2743 obtained during the annual conviction time period for the alcohol-related offenses other than
2744 the alcohol-related offenses described in Subsection (2)(a)(i);
2745 (b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
2746 obtained in Subsection (2)(a); and
2747 (c) multiply the amount calculated under Subsection (2)(b), by the number of
2748 convictions obtained in each municipality and county during the annual conviction time period
2749 for alcohol-related offenses.
2750 (3) By not later than September 1 each year:
2751 (a) the state court administrator shall certify to the State Tax Commission the number
2752 of convictions obtained for alcohol-related offenses in each municipality or county in the state
2753 during the annual conviction time period; and
2754 (b) the coordinating council shall notify the State Tax Commission of any municipality
2755 that does not have a law enforcement agency.
2756
2757 State Tax Commission for the fiscal year of appropriation of:
2758 (a) a municipality that may receive a distribution under Subsection (1)(c)(ii);
2759 (b) a county that may receive a distribution allocated to a municipality described in
2760 Subsection (1)(c)(i);
2761 (c) a municipality or county that may not receive a distribution because the
2762 coordinating council has suspended the payment under Subsection 32B-2-405 (2)(a); and
2763 (d) a municipality or county that receives a distribution because the suspension of
2764 payment has been cancelled under Subsection 32B-2-405 (2).
2765 (5) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
2766 Commission shall annually distribute to each municipality and county the portion of the
2767 appropriation that the municipality or county is eligible to receive under this part, except for
2768 any municipality or county that the coordinating council notifies the State Tax Commission in
2769 accordance with Subsection (4) may not receive a distribution in that fiscal year.
2770 (b) (i) The State Tax Commission shall prepare forms for use by a municipality or
2771 county in applying for a distribution under this part.
2772 (ii) A form described in this Subsection (5) may require the submission of information
2773 the State Tax Commission considers necessary to enable the State Tax Commission to comply
2774 with this part.
2775 Section 61. Section 32B-2-405 is enacted to read:
2776 32B-2-405. Reporting by municipalities and counties -- Grants.
2777 (1) A municipality or county that receives money under this part during a fiscal year
2778 shall by no later than October 1 following the fiscal year:
2779 (a) report to the coordinating council:
2780 (i) the programs or projects of the municipality or county that receive money under this
2781 part;
2782 (ii) if the money for programs or projects were exclusively used as required by
2783 Subsection 32B-2-403 (2);
2784 (iii) indicators of whether the programs or projects that receive money under this part
2785 are effective; and
2786 (iv) if money received under this part was not expended by the municipality or county;
2787
2788 (b) provide the coordinating council a statement signed by the chief executive officer
2789 of the county or municipality attesting that the money received under this part was used in
2790 addition to money appropriated or otherwise available for the county's or municipality's law
2791 enforcement and was not used to supplant that money.
2792 (2) The coordinating council may, by a majority vote:
2793 (a) suspend future payments under Subsection 32B-2-404 (4) to a municipality or
2794 county that:
2795 (i) does not file a report that meets the requirements of Subsection (1); or
2796 (ii) the coordinating council finds does not use the money as required by Subsection
2797 32B-2-403 (2) on the basis of the report filed by the municipality or county under Subsection
2798 (1); and
2799 (b) cancel a suspension under Subsection (2)(a).
2800 (3) The State Tax Commission shall:
2801 (a) retain money that a municipality or county does not receive under Subsection
2802 (2)(a); and
2803 (b) notify the coordinating council of the balance of retained money under this
2804 Subsection (3) after the annual distribution under Subsection 32B-2-404 (5).
2805 (4) (a) Subject to the requirements of this Subsection (4), the coordinating council shall
2806 award the balance of retained money under Subsection (3):
2807 (i) as prioritized by majority vote of the coordinating council; and
2808 (ii) as grants to:
2809 (A) a county;
2810 (B) a municipality;
2811 (C) the department;
2812 (D) the Department of Human Services;
2813 (E) the Department of Public Safety; or
2814 (F) the Utah State Office of Education.
2815 (b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
2816 council shall notify the State Tax Commission of grants awarded under this Subsection (4).
2817 (c) The State Tax Commission shall make payments of a grant:
2818
2819 (ii) by not later than June 30 of the fiscal year of the appropriation.
2820 (d) An entity that receives a grant under this Subsection (4) shall use the grant money
2821 exclusively for programs or projects described in Subsection 32B-2-403 (2).
2822 Section 62. Section 32B-2-501 is enacted to read:
2823
2824 32B-2-501. Commission's power to establish a state store.
2825 (1) The commission may establish state stores in the numbers and at places, owned or
2826 leased by the department, that the commission considers proper for the sale of liquor by
2827 employees of the state, in accordance with this title and the rules made under this title.
2828 (2) The commission may not establish a total number of state stores that at any time
2829 exceeds the number determined by dividing the population of the state by 48,000.
2830 (3) The commission may not establish a state store at premises that do not meet the
2831 proximity requirements of Section 32B-1-202 .
2832 (4) An employee of a state store is considered a department employee and shall meet
2833 the qualification requirements for employment in Sections 32B-1-303 and 32B-2-207 .
2834 Section 63. Section 32B-2-502 is enacted to read:
2835 32B-2-502. Commission and department duties before establishing a state store.
2836 (1) (a) Before the commission may establish a state store, the department shall conduct
2837 an investigation and may hold public hearings to gather information and make
2838 recommendations to the commission to assure appropriate service to the general population of
2839 the state.
2840 (b) The department shall forward the information and recommendations described in
2841 Subsection (1)(a) to the commission to aid in the commission's determination.
2842 (2) Before establishing a state store, the commission shall:
2843 (a) determine that the local authority of the locality where the state store will be located
2844 is consulted;
2845 (b) determine that the state store complies with the zoning ordinances of the locality
2846 where the state store will be located;
2847 (c) consider the locality within which the proposed state store will be located
2848 including:
2849
2850 (A) bid price;
2851 (B) lease terms;
2852 (C) operating costs; and
2853 (D) local taxes;
2854 (ii) physical characteristics, such as:
2855 (A) condition of the premises;
2856 (B) space availability;
2857 (C) parking;
2858 (D) common areas;
2859 (E) conformance to building and safety codes;
2860 (F) delivery access; and
2861 (G) expandability; and
2862 (iii) operational factors, such as:
2863 (A) tourist traffic;
2864 (B) access to the public;
2865 (C) demographics;
2866 (D) population to be served;
2867 (E) the nature of surrounding establishments;
2868 (F) proximity to and density of other state stores, package agencies, and retail
2869 licensees;
2870 (G) proximity to residential communities; and
2871 (H) proximity to educational, religious, and recreational facilities; and
2872 (d) consider any other factor the commission considers necessary.
2873 Section 64. Section 32B-2-503 is enacted to read:
2874 32B-2-503. Operational requirements for a state store.
2875 (1) A state store shall display in a prominent place in the store a sign in large letters
2876 stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is
2877 prosecuted aggressively in Utah."
2878 (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by
2879 the commission.
2880
2881 (a) a minor;
2882 (b) a person actually, apparently, or obviously intoxicated;
2883 (c) a known interdicted person; or
2884 (d) a known habitual drunkard.
2885 (4) (a) A state store employee may not:
2886 (i) consume an alcoholic product on the premises of a state store; or
2887 (ii) allow any person to consume an alcoholic product on the premises of a state store.
2888 (b) A violation of this Subsection (4) is a class B misdemeanor.
2889 (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
2890 store, and a state store may not be kept open for the sale of liquor:
2891 (i) on Sunday; or
2892 (ii) on a state or federal legal holiday.
2893 (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
2894 a state store may be open for the sale of liquor, only on a day and during hours that the
2895 commission directs by rule or order.
2896 (6) (a) A minor may not be admitted into, or be on the premises of a state store unless
2897 accompanied by a person who is:
2898 (i) 21 years of age or older; and
2899 (ii) the minor's parent, legal guardian, or spouse.
2900 (b) A state store employee that has reason to believe that a person who is on the
2901 premises of a state store is under the age of 21 and is not accompanied by a person described in
2902 Subsection (6)(a) may:
2903 (i) ask the suspected minor for proof of age;
2904 (ii) ask the person who accompanies the suspected minor for proof of age; and
2905 (iii) ask the suspected minor or the person who accompanies the suspected minor for
2906 proof of parental, guardianship, or spousal relationship.
2907 (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
2908 person who accompanies the suspected minor into the state store if the suspected minor or
2909 person fails to provide information specified in Subsection (6)(b).
2910 (d) A state store employee shall require a suspected minor and the person who
2911
2912 state store if the suspected minor or person fails to provide information specified in Subsection
2913 (6)(b).
2914 (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
2915 package.
2916 (b) A person may not open a sealed package on the premises of a state store.
2917 Section 65. Section 32B-2-504 is enacted to read:
2918 32B-2-504. Delivery of liquor to state store.
2919 (1) Liquor to be sold from a state store may be transported from a warehouse
2920 authorized by the department to the state store if transported by a person authorized by the
2921 department to transport the liquor to the state store, including a common carrier.
2922 (2) A person, while in or about a vehicle in which liquor is being transported, may not
2923 open, break, or allow to be opened or broken, a package containing liquor.
2924 (3) A person may not drink, use, or allow to be drunk or used, liquor while it is in
2925 transit under this section.
2926 Section 66. Section 32B-2-601 is enacted to read:
2927
2928 32B-2-601. Commission's power to issue package agency.
2929 (1) (a) The commission may, when the commission considers proper, issue authority to
2930 operate as a package agency by directing the department to enter into a package agency
2931 agreement with a person to sell, offer for sale, or furnish liquor in sealed packages from
2932 premises other than those owned or leased by the state.
2933 (b) The commission shall authorize a person to operate a package agency by issuing a
2934 record that designates the person in charge of the package agency as a "package agent."
2935 (2) (a) Subject to this Subsection (2), the commission may not issue a total number of
2936 package agencies that at any time exceeds the number determined by dividing the population of
2937 the state by 18,000.
2938 (b) (i) The commission may issue a seasonal package agency in an area the commission
2939 considers proper.
2940 (ii) A seasonal package agency shall be for a period of six consecutive months.
2941 (iii) A seasonal package agency issued for operation during a summer time period is
2942
2943 agency shall:
2944 (A) begin on May 1; and
2945 (B) end on October 31.
2946 (iv) A seasonal package agency issued for operation during a winter time period is
2947 known as a "Seasonal B" package agency. The period of operation for a "Seasonal B" package
2948 agency shall:
2949 (A) begin on November 1; and
2950 (B) end on April 30.
2951 (v) In determining the number of package agencies that the commission may issue
2952 under this section:
2953 (A) a seasonal package agency is counted as one-half of one package agency; and
2954 (B) each "Seasonal A" package agency shall be paired with a "Seasonal B" package
2955 agency.
2956 (c) (i) If the location, design, and construction of a hotel may require more than one
2957 package agency sales location to serve the public convenience, the commission may authorize a
2958 single package agent to sell liquor at as many as three locations within the hotel under one
2959 package agency if:
2960 (A) the hotel has a minimum of 150 guest rooms; and
2961 (B) all locations under the package agency are:
2962 (I) within the same hotel; and
2963 (II) on premises that are managed or operated, and owned or leased, by the package
2964 agent.
2965 (ii) A facility other than a hotel shall have a separate package agency for each location
2966 where liquor may be sold, offered for sale, or furnished.
2967 (3) (a) A package agent, under the direction of the department, is responsible for
2968 implementing and enforcing this title and the rules adopted under this title to the extent this
2969 title and the rules relate to the conduct of the package agency and a package agency's sale of
2970 liquor.
2971 (b) A package agent may not be a state employee. A package agent may not be
2972 construed to be a state employee or otherwise entitled to any benefit of employment from the
2973
2974 (c) A package agent, when selling liquor from a package agency, is considered an agent
2975 of the state only to the extent specifically expressed in the package agency agreement.
2976 (4) The commission may prescribe by rule one or more types of package agencies
2977 issued under this part that are consistent with this title.
2978 Section 67. Section 32B-2-602 is enacted to read:
2979 32B-2-602. Application requirements for a package agency.
2980 (1) Before a person may store, sell, offer for sale, or furnish liquor in a sealed package
2981 on its premises under a package agency, the person shall first obtain a package agency issued
2982 by the commission in accordance with this part.
2983 (2) To obtain a package agency, a person seeking to be the package agent under this
2984 part shall submit to the department:
2985 (a) a written application in a form prescribed by the department;
2986 (b) a nonrefundable application fee of $100;
2987 (c) written consent of the local authority;
2988 (d) evidence of proximity to any community location, with proximity requirements
2989 being governed by Section 32B-1-202 ;