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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 167 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill recodifies the Alcoholic Beverage Control Act and updates language related to
10 the 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 removing outdated language;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 . addressing a business license and written consent;
18 . clarifying that disciplinary action can be taken if certain actions are taken with
19 a record required to be made or maintained under the title;
20 . removing requirements related to posting bonds;
21 . permitting a commissioner to serve until a successor is appointed with the
22 consent of the Senate;
23 . addressing commission duties including that the commission by rule may
24 establish different types of package agencies;
25 . clarifying the posting of bonds related to a package agency;
26 . clarifying penalties that may be imposed by the commission against a person
27 subject to administrative action;
28 . addressing department duties, including when the department may make a
29 claim against a bond;
30 . clarifying the department's authority to require purchases to be made in cash by
31 persons who have payed with a dishonored check;
32 . clarifying when a violation of commission rules is not a criminal offense;
33 . clarifying that if an applicant for a license or permit is a government entity, it
34 may be exempted from certain requirements;
35 . renaming certain licenses and permits;
36 . removing certain price and posting requirements for an event permit; and
37 . removing the health care facility use permit; and
38 . makes technical and conforming amendments.
39 Monies Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 This bill provides an effective date.
43 This bill provides revisor instructions.
44 This bill coordinates with S.B. 141, Utah Substance Abuse and Anti-violence
45 Coordinating Council Amendments, to technically merge amendments.
46 Utah Code Sections Affected:
47 AMENDS:
48 11-10-1, as last amended by Laws of Utah 2009, Chapter 383
49 13-7-2, as last amended by Laws of Utah 1987, Chapter 92
50 26-38-2, as last amended by Laws of Utah 2009, Chapter 383
51 29-2-102, as enacted by Laws of Utah 1995, Chapter 231
52 41-6a-526, as renumbered and amended by Laws of Utah 2005, Chapter 2
53 53-3-207, as last amended by Laws of Utah 2009, Chapter 315
54 53-3-219, as last amended by Laws of Utah 2009, Chapter 390
55 53-3-220, as last amended by Laws of Utah 2009, Chapters 105, 291, 328, and 353
56 53-3-229, as last amended by Laws of Utah 2005, Chapter 197
57 53-3-231, as last amended by Laws of Utah 2009, Chapters 18, 40, and 390
58 53-3-806, as last amended by Laws of Utah 2009, Chapter 315
59 53-3-810, as last amended by Laws of Utah 2005, Chapter 197
60 53-10-102, as last amended by Laws of Utah 2009, Chapter 73
61 53-10-112, as renumbered and amended by Laws of Utah 1998, Chapter 263
62 53-10-113, as renumbered and amended by Laws of Utah 1998, Chapter 263
63 53-10-304, as last amended by Laws of Utah 2000, Chapter 1
64 53-10-305, as last amended by Laws of Utah 2009, Chapter 383
65 53A-11-904, as last amended by Laws of Utah 2007, Chapters 79 and 161
66 58-37-2, as last amended by Laws of Utah 2009, Chapter 42
67 58-82-102 (Effective 07/01/12), as enacted by Laws of Utah 2009, Chapter 47
68 59-15-101, as last amended by Laws of Utah 2003, Chapter 307
69 59-15-109, as last amended by Laws of Utah 2003, Second Special Session, Chapter 5
70 62A-15-401, as last amended by Laws of Utah 2008, Chapter 382
71 63G-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
72 76-5-113, as last amended by Laws of Utah 2008, Chapters 317 and 391
73 76-10-1506, as last amended by Laws of Utah 2005, Chapter 2
74 76-10-1602, as last amended by Laws of Utah 2008, Chapters 292, 298, 370, and 382
75 77-39-101, as last amended by Laws of Utah 2006, Chapter 342
76 78A-6-117, as renumbered and amended by Laws of Utah 2008, Chapter 3
77 78A-6-606, as last amended by Laws of Utah 2009, Chapters 353 and 390
78 78A-6-1001, as last amended by Laws of Utah 2009, Chapter 19
79 78A-6-1202, as renumbered and amended by Laws of Utah 2008, Chapter 3
80 78B-6-1602, as enacted by Laws of Utah 2009, Chapter 187
81 ENACTS:
82 32B-1-101, Utah Code Annotated 1953
83 32B-1-102, Utah Code Annotated 1953
84 32B-1-103, Utah Code Annotated 1953
85 32B-1-104, Utah Code Annotated 1953
86 32B-1-201, Utah Code Annotated 1953
87 32B-1-202, Utah Code Annotated 1953
88 32B-1-203, Utah Code Annotated 1953
89 32B-1-204, Utah Code Annotated 1953
90 32B-1-205, Utah Code Annotated 1953
91 32B-1-301, Utah Code Annotated 1953
92 32B-1-302, Utah Code Annotated 1953
93 32B-1-303, Utah Code Annotated 1953
94 32B-1-304, Utah Code Annotated 1953
95 32B-1-305, Utah Code Annotated 1953
96 32B-1-306, Utah Code Annotated 1953
97 32B-1-307, Utah Code Annotated 1953
98 32B-1-401, Utah Code Annotated 1953
99 32B-1-402, Utah Code Annotated 1953
100 32B-1-403, Utah Code Annotated 1953
101 32B-1-404, Utah Code Annotated 1953
102 32B-1-405, Utah Code Annotated 1953
103 32B-1-406, Utah Code Annotated 1953
104 32B-1-407, Utah Code Annotated 1953
105 32B-1-408, Utah Code Annotated 1953
106 32B-1-501, Utah Code Annotated 1953
107 32B-1-502, Utah Code Annotated 1953
108 32B-1-503, Utah Code Annotated 1953
109 32B-1-504, Utah Code Annotated 1953
110 32B-1-505, Utah Code Annotated 1953
111 32B-1-506, Utah Code Annotated 1953
112 32B-1-601, Utah Code Annotated 1953
113 32B-1-602, Utah Code Annotated 1953
114 32B-1-603, Utah Code Annotated 1953
115 32B-1-604, Utah Code Annotated 1953
116 32B-1-605, Utah Code Annotated 1953
117 32B-1-606, Utah Code Annotated 1953
118 32B-1-607, Utah Code Annotated 1953
119 32B-1-608, Utah Code Annotated 1953
120 32B-2-101, Utah Code Annotated 1953
121 32B-2-102, Utah Code Annotated 1953
122 32B-2-201, Utah Code Annotated 1953
123 32B-2-202, Utah Code Annotated 1953
124 32B-2-203, Utah Code Annotated 1953
125 32B-2-204, Utah Code Annotated 1953
126 32B-2-205, Utah Code Annotated 1953
127 32B-2-206, Utah Code Annotated 1953
128 32B-2-207, Utah Code Annotated 1953
129 32B-2-208, Utah Code Annotated 1953
130 32B-2-301, Utah Code Annotated 1953
131 32B-2-302, Utah Code Annotated 1953
132 32B-2-303, Utah Code Annotated 1953
133 32B-2-304, Utah Code Annotated 1953
134 32B-2-401, Utah Code Annotated 1953
135 32B-2-402, Utah Code Annotated 1953
136 32B-2-403, Utah Code Annotated 1953
137 32B-2-404, Utah Code Annotated 1953
138 32B-2-405, Utah Code Annotated 1953
139 32B-2-501, Utah Code Annotated 1953
140 32B-2-502, Utah Code Annotated 1953
141 32B-2-503, Utah Code Annotated 1953
142 32B-2-504, Utah Code Annotated 1953
143 32B-2-601, Utah Code Annotated 1953
144 32B-2-602, Utah Code Annotated 1953
145 32B-2-603, Utah Code Annotated 1953
146 32B-2-604, Utah Code Annotated 1953
147 32B-2-605, Utah Code Annotated 1953
148 32B-2-606, Utah Code Annotated 1953
149 32B-2-607, Utah Code Annotated 1953
150 32B-3-101, Utah Code Annotated 1953
151 32B-3-102, Utah Code Annotated 1953
152 32B-3-201, Utah Code Annotated 1953
153 32B-3-202, Utah Code Annotated 1953
154 32B-3-203, Utah Code Annotated 1953
155 32B-3-204, Utah Code Annotated 1953
156 32B-3-205, Utah Code Annotated 1953
157 32B-3-206, Utah Code Annotated 1953
158 32B-3-207, Utah Code Annotated 1953
159 32B-3-301, Utah Code Annotated 1953
160 32B-3-302, Utah Code Annotated 1953
161 32B-3-303, Utah Code Annotated 1953
162 32B-3-304, Utah Code Annotated 1953
163 32B-3-305, Utah Code Annotated 1953
164 32B-3-306, Utah Code Annotated 1953
165 32B-3-307, Utah Code Annotated 1953
166 32B-4-101, Utah Code Annotated 1953
167 32B-4-102, Utah Code Annotated 1953
168 32B-4-201, Utah Code Annotated 1953
169 32B-4-202, Utah Code Annotated 1953
170 32B-4-203, Utah Code Annotated 1953
171 32B-4-204, Utah Code Annotated 1953
172 32B-4-205, Utah Code Annotated 1953
173 32B-4-206, Utah Code Annotated 1953
174 32B-4-207, Utah Code Annotated 1953
175 32B-4-208, Utah Code Annotated 1953
176 32B-4-209, Utah Code Annotated 1953
177 32B-4-301, Utah Code Annotated 1953
178 32B-4-302, Utah Code Annotated 1953
179 32B-4-303, Utah Code Annotated 1953
180 32B-4-304, Utah Code Annotated 1953
181 32B-4-305, Utah Code Annotated 1953
182 32B-4-401, Utah Code Annotated 1953
183 32B-4-402, Utah Code Annotated 1953
184 32B-4-403, Utah Code Annotated 1953
185 32B-4-404, Utah Code Annotated 1953
186 32B-4-405, Utah Code Annotated 1953
187 32B-4-406, Utah Code Annotated 1953
188 32B-4-407, Utah Code Annotated 1953
189 32B-4-408, Utah Code Annotated 1953
190 32B-4-409, Utah Code Annotated 1953
191 32B-4-410, Utah Code Annotated 1953
192 32B-4-411, Utah Code Annotated 1953
193 32B-4-412, Utah Code Annotated 1953
194 32B-4-413, Utah Code Annotated 1953
195 32B-4-414, Utah Code Annotated 1953
196 32B-4-415, Utah Code Annotated 1953
197 32B-4-416, Utah Code Annotated 1953
198 32B-4-417, Utah Code Annotated 1953
199 32B-4-418, Utah Code Annotated 1953
200 32B-4-419, Utah Code Annotated 1953
201 32B-4-420, Utah Code Annotated 1953
202 32B-4-421, Utah Code Annotated 1953
203 32B-4-422, Utah Code Annotated 1953
204 32B-4-501, Utah Code Annotated 1953
205 32B-4-502, Utah Code Annotated 1953
206 32B-4-503, Utah Code Annotated 1953
207 32B-4-504, Utah Code Annotated 1953
208 32B-4-505, Utah Code Annotated 1953
209 32B-4-506, Utah Code Annotated 1953
210 32B-4-507, Utah Code Annotated 1953
211 32B-4-508, Utah Code Annotated 1953
212 32B-4-509, Utah Code Annotated 1953
213 32B-4-510, Utah Code Annotated 1953
214 32B-4-601, Utah Code Annotated 1953
215 32B-4-602, Utah Code Annotated 1953
216 32B-4-603, Utah Code Annotated 1953
217 32B-4-701, Utah Code Annotated 1953
218 32B-4-702, Utah Code Annotated 1953
219 32B-4-703, Utah Code Annotated 1953
220 32B-4-704, Utah Code Annotated 1953
221 32B-4-705, Utah Code Annotated 1953
222 32B-4-706, Utah Code Annotated 1953
223 32B-4-707, Utah Code Annotated 1953
224 32B-4-708, Utah Code Annotated 1953
225 32B-5-101, Utah Code Annotated 1953
226 32B-5-102, Utah Code Annotated 1953
227 32B-5-201, Utah Code Annotated 1953
228 32B-5-202, Utah Code Annotated 1953
229 32B-5-203, Utah Code Annotated 1953
230 32B-5-204, Utah Code Annotated 1953
231 32B-5-205, Utah Code Annotated 1953
232 32B-5-206, Utah Code Annotated 1953
233 32B-5-301, Utah Code Annotated 1953
234 32B-5-302, Utah Code Annotated 1953
235 32B-5-303, Utah Code Annotated 1953
236 32B-5-304, Utah Code Annotated 1953
237 32B-5-305, Utah Code Annotated 1953
238 32B-5-306, Utah Code Annotated 1953
239 32B-5-307, Utah Code Annotated 1953
240 32B-5-308, Utah Code Annotated 1953
241 32B-5-309, Utah Code Annotated 1953
242 32B-5-310, Utah Code Annotated 1953
243 32B-5-401, Utah Code Annotated 1953
244 32B-5-402, Utah Code Annotated 1953
245 32B-5-403, Utah Code Annotated 1953
246 32B-5-404, Utah Code Annotated 1953
247 32B-6-101, Utah Code Annotated 1953
248 32B-6-102, Utah Code Annotated 1953
249 32B-6-201, Utah Code Annotated 1953
250 32B-6-202, Utah Code Annotated 1953
251 32B-6-203, Utah Code Annotated 1953
252 32B-6-204, Utah Code Annotated 1953
253 32B-6-205, Utah Code Annotated 1953
254 32B-6-205.1, Utah Code Annotated 1953
255 32B-6-301, Utah Code Annotated 1953
256 32B-6-302, Utah Code Annotated 1953
257 32B-6-303, Utah Code Annotated 1953
258 32B-6-304, Utah Code Annotated 1953
259 32B-6-305, Utah Code Annotated 1953
260 32B-6-305.1, Utah Code Annotated 1953
261 32B-6-401, Utah Code Annotated 1953
262 32B-6-402, Utah Code Annotated 1953
263 32B-6-403, Utah Code Annotated 1953
264 32B-6-404, Utah Code Annotated 1953
265 32B-6-405, Utah Code Annotated 1953
266 32B-6-406, Utah Code Annotated 1953
267 32B-6-406.1, Utah Code Annotated 1953
268 32B-6-407, Utah Code Annotated 1953
269 32B-6-408, Utah Code Annotated 1953
270 32B-6-501, Utah Code Annotated 1953
271 32B-6-502, Utah Code Annotated 1953
272 32B-6-503, Utah Code Annotated 1953
273 32B-6-504, Utah Code Annotated 1953
274 32B-6-505, Utah Code Annotated 1953
275 32B-6-601, Utah Code Annotated 1953
276 32B-6-602, Utah Code Annotated 1953
277 32B-6-603, Utah Code Annotated 1953
278 32B-6-604, Utah Code Annotated 1953
279 32B-6-605, Utah Code Annotated 1953
280 32B-6-701, Utah Code Annotated 1953
281 32B-6-702, Utah Code Annotated 1953
282 32B-6-703, Utah Code Annotated 1953
283 32B-6-704, Utah Code Annotated 1953
284 32B-6-705, Utah Code Annotated 1953
285 32B-6-706, Utah Code Annotated 1953
286 32B-6-707, Utah Code Annotated 1953
287 32B-6-708, Utah Code Annotated 1953
288 32B-7-101, Utah Code Annotated 1953
289 32B-7-102, Utah Code Annotated 1953
290 32B-7-201, Utah Code Annotated 1953
291 32B-7-202, Utah Code Annotated 1953
292 32B-7-301, Utah Code Annotated 1953
293 32B-7-302, Utah Code Annotated 1953
294 32B-7-303, Utah Code Annotated 1953
295 32B-7-304, Utah Code Annotated 1953
296 32B-7-305, Utah Code Annotated 1953
297 32B-8-101, Utah Code Annotated 1953
298 32B-8-102, Utah Code Annotated 1953
299 32B-8-201, Utah Code Annotated 1953
300 32B-8-202, Utah Code Annotated 1953
301 32B-8-203, Utah Code Annotated 1953
302 32B-8-204, Utah Code Annotated 1953
303 32B-8-301, Utah Code Annotated 1953
304 32B-8-302, Utah Code Annotated 1953
305 32B-8-303, Utah Code Annotated 1953
306 32B-8-304, Utah Code Annotated 1953
307 32B-8-401, Utah Code Annotated 1953
308 32B-8-402, Utah Code Annotated 1953
309 32B-8-501, Utah Code Annotated 1953
310 32B-8-502, Utah Code Annotated 1953
311 32B-8-503, Utah Code Annotated 1953
312 32B-9-101, Utah Code Annotated 1953
313 32B-9-102, Utah Code Annotated 1953
314 32B-9-201, Utah Code Annotated 1953
315 32B-9-202, Utah Code Annotated 1953
316 32B-9-203, Utah Code Annotated 1953
317 32B-9-204, Utah Code Annotated 1953
318 32B-9-301, Utah Code Annotated 1953
319 32B-9-302, Utah Code Annotated 1953
320 32B-9-303, Utah Code Annotated 1953
321 32B-9-304, Utah Code Annotated 1953
322 32B-9-305, Utah Code Annotated 1953
323 32B-9-401, Utah Code Annotated 1953
324 32B-9-402, Utah Code Annotated 1953
325 32B-9-403, Utah Code Annotated 1953
326 32B-9-404, Utah Code Annotated 1953
327 32B-9-405, Utah Code Annotated 1953
328 32B-9-406, Utah Code Annotated 1953
329 32B-10-101, Utah Code Annotated 1953
330 32B-10-102, Utah Code Annotated 1953
331 32B-10-201, Utah Code Annotated 1953
332 32B-10-202, Utah Code Annotated 1953
333 32B-10-203, Utah Code Annotated 1953
334 32B-10-204, Utah Code Annotated 1953
335 32B-10-205, Utah Code Annotated 1953
336 32B-10-206, Utah Code Annotated 1953
337 32B-10-207, Utah Code Annotated 1953
338 32B-10-301, Utah Code Annotated 1953
339 32B-10-302, Utah Code Annotated 1953
340 32B-10-303, Utah Code Annotated 1953
341 32B-10-304, Utah Code Annotated 1953
342 32B-10-401, Utah Code Annotated 1953
343 32B-10-402, Utah Code Annotated 1953
344 32B-10-403, Utah Code Annotated 1953
345 32B-10-404, Utah Code Annotated 1953
346 32B-10-501, Utah Code Annotated 1953
347 32B-10-502, Utah Code Annotated 1953
348 32B-10-503, Utah Code Annotated 1953
349 32B-10-601, Utah Code Annotated 1953
350 32B-10-602, Utah Code Annotated 1953
351 32B-10-603, Utah Code Annotated 1953
352 32B-10-604, Utah Code Annotated 1953
353 32B-10-605, Utah Code Annotated 1953
354 32B-10-701, Utah Code Annotated 1953
355 32B-10-702, Utah Code Annotated 1953
356 32B-10-703, Utah Code Annotated 1953
357 32B-10-704, Utah Code Annotated 1953
358 32B-11-101, Utah Code Annotated 1953
359 32B-11-102, Utah Code Annotated 1953
360 32B-11-201, Utah Code Annotated 1953
361 32B-11-202, Utah Code Annotated 1953
362 32B-11-203, Utah Code Annotated 1953
363 32B-11-204, Utah Code Annotated 1953
364 32B-11-205, Utah Code Annotated 1953
365 32B-11-206, Utah Code Annotated 1953
366 32B-11-207, Utah Code Annotated 1953
367 32B-11-208, Utah Code Annotated 1953
368 32B-11-209, Utah Code Annotated 1953
369 32B-11-301, Utah Code Annotated 1953
370 32B-11-302, Utah Code Annotated 1953
371 32B-11-303, Utah Code Annotated 1953
372 32B-11-401, Utah Code Annotated 1953
373 32B-11-402, Utah Code Annotated 1953
374 32B-11-403, Utah Code Annotated 1953
375 32B-11-501, Utah Code Annotated 1953
376 32B-11-502, Utah Code Annotated 1953
377 32B-11-503, Utah Code Annotated 1953
378 32B-11-601, Utah Code Annotated 1953
379 32B-11-602, Utah Code Annotated 1953
380 32B-11-603, Utah Code Annotated 1953
381 32B-11-604, Utah Code Annotated 1953
382 32B-11-605, Utah Code Annotated 1953
383 32B-11-606, Utah Code Annotated 1953
384 32B-11-607, Utah Code Annotated 1953
385 32B-11-608, Utah Code Annotated 1953
386 32B-11-609, Utah Code Annotated 1953
387 32B-12-101, Utah Code Annotated 1953
388 32B-12-102, Utah Code Annotated 1953
389 32B-12-201, Utah Code Annotated 1953
390 32B-12-202, Utah Code Annotated 1953
391 32B-12-203, Utah Code Annotated 1953
392 32B-12-204, Utah Code Annotated 1953
393 32B-12-205, Utah Code Annotated 1953
394 32B-12-206, Utah Code Annotated 1953
395 32B-12-301, Utah Code Annotated 1953
396 32B-12-302, Utah Code Annotated 1953
397 32B-13-101, Utah Code Annotated 1953
398 32B-13-102, Utah Code Annotated 1953
399 32B-13-201, Utah Code Annotated 1953
400 32B-13-202, Utah Code Annotated 1953
401 32B-13-203, Utah Code Annotated 1953
402 32B-13-204, Utah Code Annotated 1953
403 32B-13-205, Utah Code Annotated 1953
404 32B-13-206, Utah Code Annotated 1953
405 32B-13-301, Utah Code Annotated 1953
406 32B-13-302, Utah Code Annotated 1953
407 32B-14-101, Utah Code Annotated 1953
408 32B-14-102, Utah Code Annotated 1953
409 32B-14-103, Utah Code Annotated 1953
410 32B-14-201, Utah Code Annotated 1953
411 32B-14-202, Utah Code Annotated 1953
412 32B-14-301, Utah Code Annotated 1953
413 32B-14-302, Utah Code Annotated 1953
414 32B-14-303, Utah Code Annotated 1953
415 32B-14-304, Utah Code Annotated 1953
416 32B-14-305, Utah Code Annotated 1953
417 32B-14-401, Utah Code Annotated 1953
418 32B-14-402, Utah Code Annotated 1953
419 32B-15-101, Utah Code Annotated 1953
420 32B-15-102, Utah Code Annotated 1953
421 32B-15-201, Utah Code Annotated 1953
422 32B-15-202, Utah Code Annotated 1953
423 32B-15-203, Utah Code Annotated 1953
424 32B-15-301, Utah Code Annotated 1953
425 32B-15-302, Utah Code Annotated 1953
426 32B-16-101, Utah Code Annotated 1953
427 32B-16-102, Utah Code Annotated 1953
428 32B-16-201, Utah Code Annotated 1953
429 32B-16-301, Utah Code Annotated 1953
430 32B-16-302, Utah Code Annotated 1953
431 REPEALS:
432 32A-1-101, as renumbered and amended by Laws of Utah 1990, Chapter 23
433 32A-1-102, as last amended by Laws of Utah 2007, Chapter 284
434 32A-1-103, as renumbered and amended by Laws of Utah 1990, Chapter 23
435 32A-1-104, as last amended by Laws of Utah 2003, Chapter 314
436 32A-1-105, as last amended by Laws of Utah 2009, Chapter 383
437 32A-1-106, as last amended by Laws of Utah 2007, Chapter 284
438 32A-1-107, as last amended by Laws of Utah 2009, Chapters 190 and 383
439 32A-1-108, as last amended by Laws of Utah 2007, Chapter 284
440 32A-1-109, as last amended by Laws of Utah 2009, Chapter 383
441 32A-1-110, as renumbered and amended by Laws of Utah 1990, Chapter 23
442 32A-1-111, as last amended by Laws of Utah 2003, Chapter 314
443 32A-1-112, as renumbered and amended by Laws of Utah 1990, Chapter 23
444 32A-1-113, as last amended by Laws of Utah 2003, Chapter 314
445 32A-1-115, as last amended by Laws of Utah 2009, Chapter 383
446 32A-1-116, as last amended by Laws of Utah 2008, Chapter 391
447 32A-1-117, as last amended by Laws of Utah 2000, Chapter 1
448 32A-1-118, as last amended by Laws of Utah 2008, Chapter 382
449 32A-1-119, as last amended by Laws of Utah 2009, Chapters 190 and 383
450 32A-1-119.5, as last amended by Laws of Utah 2009, Chapters 356 and 383
451 32A-1-120, as last amended by Laws of Utah 2008, Chapters 317 and 382
452 32A-1-121, as last amended by Laws of Utah 2000, Chapter 1
453 32A-1-122, as last amended by Laws of Utah 2008, Chapters 98 and 391
454 32A-1-123, as last amended by Laws of Utah 2003, Chapter 314
455 32A-1-301, as last amended by Laws of Utah 2009, Chapter 353
456 32A-1-302, as last amended by Laws of Utah 2008, Chapter 391
457 32A-1-303, as last amended by Laws of Utah 2002, Chapters 5 and 161
458 32A-1-304, as last amended by Laws of Utah 2008, Chapters 322 and 391
459 32A-1-304.5, as enacted by Laws of Utah 2009, Chapter 383
460 32A-1-305, as last amended by Laws of Utah 2009, Chapter 353
461 32A-1-401, as last amended by Laws of Utah 2007, Chapter 284
462 32A-1-601, as enacted by Laws of Utah 2007, Chapter 284
463 32A-1-602, as enacted by Laws of Utah 2007, Chapter 284
464 32A-1-603, as last amended by Laws of Utah 2009, Chapter 383
465 32A-1-604, as enacted by Laws of Utah 2007, Chapter 284
466 32A-1-701, as enacted by Laws of Utah 2008, Chapter 391
467 32A-1-702, as enacted by Laws of Utah 2008, Chapter 391
468 32A-1-703, as enacted by Laws of Utah 2008, Chapter 391
469 32A-1-704, as enacted by Laws of Utah 2008, Chapter 391
470 32A-1-801, as enacted by Laws of Utah 2008, Chapter 391
471 32A-1-802, as enacted by Laws of Utah 2008, Chapter 391
472 32A-1-803, as enacted by Laws of Utah 2008, Chapter 391
473 32A-1-804, as enacted by Laws of Utah 2008, Chapter 391
474 32A-1-805, as enacted by Laws of Utah 2008, Chapter 391
475 32A-1-806, as enacted by Laws of Utah 2008, Chapter 391
476 32A-1-807, as enacted by Laws of Utah 2008, Chapter 391
477 32A-1-808, as enacted by Laws of Utah 2008, Chapter 391
478 32A-1-809, as enacted by Laws of Utah 2008, Chapter 391
479 32A-2-101, as last amended by Laws of Utah 2008, Chapter 391
480 32A-2-102, as renumbered and amended by Laws of Utah 1990, Chapter 23
481 32A-2-103, as last amended by Laws of Utah 2009, Chapter 383
482 32A-2-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
483 32A-3-101, as last amended by Laws of Utah 2008, Chapter 391
484 32A-3-102, as last amended by Laws of Utah 2008, Chapter 391
485 32A-3-103, as last amended by Laws of Utah 2003, Chapter 314
486 32A-3-104, as last amended by Laws of Utah 1993, Chapter 4
487 32A-3-105, as last amended by Laws of Utah 1991, Chapter 132
488 32A-3-106, as last amended by Laws of Utah 2009, Chapter 383
489 32A-3-107, as renumbered and amended by Laws of Utah 1990, Chapter 23
490 32A-3-108, as last amended by Laws of Utah 2003, Chapter 314
491 32A-4-101, as last amended by Laws of Utah 2009, Chapter 383
492 32A-4-102, as last amended by Laws of Utah 2009, Chapter 383
493 32A-4-103, as last amended by Laws of Utah 2008, Chapters 26 and 382
494 32A-4-104, as last amended by Laws of Utah 2008, Chapter 391
495 32A-4-105, as last amended by Laws of Utah 2003, Chapter 314
496 32A-4-106, as last amended by Laws of Utah 2009, Chapter 383
497 32A-4-201, as last amended by Laws of Utah 2003, Chapter 314
498 32A-4-202, as last amended by Laws of Utah 2009, Chapter 383
499 32A-4-203, as last amended by Laws of Utah 2008, Chapter 382
500 32A-4-204, as enacted by Laws of Utah 1990, Chapter 23
501 32A-4-205, as enacted by Laws of Utah 1990, Chapter 23
502 32A-4-206, as last amended by Laws of Utah 2008, Chapter 391
503 32A-4-301, as enacted by Laws of Utah 2003, Chapter 314
504 32A-4-302, as last amended by Laws of Utah 2009, Chapter 383
505 32A-4-303, as last amended by Laws of Utah 2009, Chapter 383
506 32A-4-304, as last amended by Laws of Utah 2008, Chapter 382
507 32A-4-305, as last amended by Laws of Utah 2008, Chapter 391
508 32A-4-306, as enacted by Laws of Utah 2003, Chapter 314
509 32A-4-307, as last amended by Laws of Utah 2009, Chapter 383
510 32A-4-401, as last amended by Laws of Utah 2009, Chapter 383
511 32A-4-402, as last amended by Laws of Utah 2009, Chapter 383
512 32A-4-403, as last amended by Laws of Utah 2008, Chapter 382
513 32A-4-404, as enacted by Laws of Utah 2003, Chapter 314
514 32A-4-405, as enacted by Laws of Utah 2003, Chapter 314
515 32A-4-406, as last amended by Laws of Utah 2008, Chapters 266, 382, and 391
516 32A-4a-101, as enacted by Laws of Utah 2009, Chapter 383
517 32A-4a-102, as enacted by Laws of Utah 2009, Chapter 383
518 32A-4a-201, as enacted by Laws of Utah 2009, Chapter 383
519 32A-4a-202, as enacted by Laws of Utah 2009, Chapter 383
520 32A-4a-203, as enacted by Laws of Utah 2009, Chapter 383
521 32A-4a-204, as enacted by Laws of Utah 2009, Chapter 383
522 32A-4a-205, as enacted by Laws of Utah 2009, Chapter 383
523 32A-4a-301, as enacted by Laws of Utah 2009, Chapter 383
524 32A-4a-302, as enacted by Laws of Utah 2009, Chapter 383
525 32A-4a-303, as enacted by Laws of Utah 2009, Chapter 383
526 32A-4a-304, as enacted by Laws of Utah 2009, Chapter 383
527 32A-4a-305, as enacted by Laws of Utah 2009, Chapter 383
528 32A-4a-401, as enacted by Laws of Utah 2009, Chapter 383
529 32A-4a-402, as enacted by Laws of Utah 2009, Chapter 383
530 32A-4a-501, as enacted by Laws of Utah 2009, Chapter 383
531 32A-4a-502, as enacted by Laws of Utah 2009, Chapter 383
532 32A-4a-503, as enacted by Laws of Utah 2009, Chapter 383
533 32A-5-101, as last amended by Laws of Utah 2009, Chapter 383
534 32A-5-102 (Subsec (1)(j) Superseded 07/01/10), as last amended by Laws of Utah
535 2009, Chapter 383
536 32A-5-102 (Subsec (1)(j) Effective 07/01/10), as last amended by Laws of Utah 2009,
537 Chapter 383
538 32A-5-103, as last amended by Laws of Utah 2009, Chapter 383
539 32A-5-104, as last amended by Laws of Utah 2009, Chapter 383
540 32A-5-106, as last amended by Laws of Utah 2009, Chapter 383
541 32A-5-107, as last amended by Laws of Utah 2009, Chapters 356 and 383
542 32A-5-109, as enacted by Laws of Utah 2009, Chapter 383
543 32A-5-110, as enacted by Laws of Utah 2009, Chapter 190
544 32A-6-101, as renumbered and amended by Laws of Utah 1990, Chapter 23
545 32A-6-102, as last amended by Laws of Utah 2003, Chapter 314
546 32A-6-103, as last amended by Laws of Utah 2008, Chapter 382
547 32A-6-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
548 32A-6-105, as last amended by Laws of Utah 2003, Chapter 314
549 32A-6-201, as last amended by Laws of Utah 2003, Chapter 314
550 32A-6-202, as last amended by Laws of Utah 2003, Chapter 314
551 32A-6-301, as last amended by Laws of Utah 2007, Chapter 284
552 32A-6-302, as last amended by Laws of Utah 2007, Chapter 284
553 32A-6-401, as last amended by Laws of Utah 2003, Chapter 314
554 32A-6-501, as last amended by Laws of Utah 2003, Chapter 314
555 32A-6-502, as enacted by Laws of Utah 2003, Chapter 314
556 32A-6-503, as enacted by Laws of Utah 2003, Chapter 314
557 32A-6-601, as last amended by Laws of Utah 1991, Chapter 5
558 32A-6-602, as renumbered and amended by Laws of Utah 1990, Chapter 23
559 32A-6-603, as enacted by Laws of Utah 2003, Chapter 314
560 32A-7-101, as last amended by Laws of Utah 2008, Chapters 108 and 391
561 32A-7-102, as last amended by Laws of Utah 2008, Chapter 108
562 32A-7-103, as last amended by Laws of Utah 2008, Chapter 382
563 32A-7-104, as last amended by Laws of Utah 2006, Chapter 162
564 32A-7-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
565 32A-7-106, as last amended by Laws of Utah 2008, Chapters 266 and 391
566 32A-8-101, as last amended by Laws of Utah 2009, Chapters 160 and 356
567 32A-8-102, as last amended by Laws of Utah 2007, Chapter 284
568 32A-8-103, as last amended by Laws of Utah 2008, Chapter 382
569 32A-8-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
570 32A-8-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
571 32A-8-106, as last amended by Laws of Utah 2007, Chapter 284
572 32A-8-201, as last amended by Laws of Utah 1991, Chapter 277
573 32A-8-301, as renumbered and amended by Laws of Utah 1990, Chapter 23
574 32A-8-401, as last amended by Laws of Utah 2008, Chapter 391
575 32A-8-501, as last amended by Laws of Utah 2008, Chapter 391
576 32A-8-502, as last amended by Laws of Utah 2003, Chapter 314
577 32A-8-503, as last amended by Laws of Utah 2008, Chapters 382 and 391
578 32A-8-504, as enacted by Laws of Utah 1993, Chapter 20
579 32A-8-505, as last amended by Laws of Utah 2008, Chapter 391
580 32A-9-101, as last amended by Laws of Utah 1991, Chapter 241
581 32A-9-102, as last amended by Laws of Utah 2003, Chapter 314
582 32A-9-103, as last amended by Laws of Utah 2009, Chapter 383
583 32A-9-104, as renumbered and amended by Laws of Utah 1990, Chapter 23
584 32A-9-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
585 32A-9-106, as last amended by Laws of Utah 2003, Chapter 314
586 32A-10-101, as last amended by Laws of Utah 2008, Chapter 391
587 32A-10-102, as last amended by Laws of Utah 2008, Chapter 391
588 32A-10-103, as last amended by Laws of Utah 2007, Chapter 284
589 32A-10-201, as last amended by Laws of Utah 2009, Chapter 383
590 32A-10-202, as last amended by Laws of Utah 2009, Chapter 383
591 32A-10-203, as last amended by Laws of Utah 2008, Chapter 382
592 32A-10-204, as last amended by Laws of Utah 2008, Chapter 391
593 32A-10-205, as last amended by Laws of Utah 2003, Chapter 314
594 32A-10-206, as last amended by Laws of Utah 2008, Chapter 391
595 32A-10-207, as enacted by Laws of Utah 2009, Chapter 190
596 32A-10-301, as enacted by Laws of Utah 2003, Chapter 314
597 32A-10-302, as last amended by Laws of Utah 2004, Chapter 268
598 32A-10-303, as last amended by Laws of Utah 2008, Chapter 382
599 32A-10-304, as last amended by Laws of Utah 2006, Chapter 162
600 32A-10-305, as enacted by Laws of Utah 2003, Chapter 314
601 32A-10-306, as last amended by Laws of Utah 2008, Chapter 391
602 32A-11-101, as last amended by Laws of Utah 2004, Chapter 268
603 32A-11-102, as last amended by Laws of Utah 2004, Chapter 268
604 32A-11-103, as last amended by Laws of Utah 2008, Chapter 382
605 32A-11-104, as last amended by Laws of Utah 1994, Chapter 88
606 32A-11-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
607 32A-11-106, as last amended by Laws of Utah 2008, Chapter 391
608 32A-11a-101, as enacted by Laws of Utah 1998, Chapter 328
609 32A-11a-102, as last amended by Laws of Utah 2007, Chapter 272
610 32A-11a-103, as enacted by Laws of Utah 1998, Chapter 328
611 32A-11a-104, as enacted by Laws of Utah 1998, Chapter 328
612 32A-11a-105, as enacted by Laws of Utah 1998, Chapter 328
613 32A-11a-106, as last amended by Laws of Utah 2003, Chapter 314
614 32A-11a-107, as last amended by Laws of Utah 2004, Chapter 268
615 32A-11a-108, as last amended by Laws of Utah 2008, Chapter 3
616 32A-11a-109, as enacted by Laws of Utah 1998, Chapter 328
617 32A-11a-110, as enacted by Laws of Utah 1998, Chapter 328
618 32A-11a-111, as enacted by Laws of Utah 1998, Chapter 328
619 32A-12-101, as last amended by Laws of Utah 2009, Chapter 383
620 32A-12-102, as last amended by Laws of Utah 2009, Chapter 383
621 32A-12-103, as last amended by Laws of Utah 2003, Chapter 314
622 32A-12-104, as last amended by Laws of Utah 2009, Chapter 383
623 32A-12-105, as last amended by Laws of Utah 2003, Chapter 314
624 32A-12-201, as last amended by Laws of Utah 2004, Chapter 268
625 32A-12-202, as renumbered and amended by Laws of Utah 1990, Chapter 23
626 32A-12-203, as last amended by Laws of Utah 2003, Chapter 314
627 32A-12-204, as last amended by Laws of Utah 2003, Chapter 314
628 32A-12-205, as renumbered and amended by Laws of Utah 1990, Chapter 23
629 32A-12-206, as last amended by Laws of Utah 1991, Chapter 132
630 32A-12-207, as last amended by Laws of Utah 2003, Chapter 314
631 32A-12-208, as renumbered and amended by Laws of Utah 1990, Chapter 23
632 32A-12-209, as last amended by Laws of Utah 2009, Chapters 353 and 390
633 32A-12-209.5, as last amended by Laws of Utah 2009, Chapters 353, 383, and 390
634 32A-12-210, as last amended by Laws of Utah 2003, Chapter 314
635 32A-12-211, as renumbered and amended by Laws of Utah 1990, Chapter 23
636 32A-12-212, as last amended by Laws of Utah 2009, Chapter 383
637 32A-12-213, as last amended by Laws of Utah 2009, Chapter 383
638 32A-12-214, as last amended by Laws of Utah 1995, Chapter 20
639 32A-12-215, as last amended by Laws of Utah 2003, Chapter 314
640 32A-12-216, as last amended by Laws of Utah 2003, Chapter 314
641 32A-12-217, as enacted by Laws of Utah 1990, Chapter 23
642 32A-12-219, as last amended by Laws of Utah 2009, Chapter 383
643 32A-12-220, as renumbered and amended by Laws of Utah 1990, Chapter 23
644 32A-12-221, as last amended by Laws of Utah 2002, Chapter 161
645 32A-12-222, as last amended by Laws of Utah 2009, Chapter 383
646 32A-12-223, as enacted by Laws of Utah 2009, Chapter 353
647 32A-12-301, as last amended by Laws of Utah 2009, Chapter 383
648 32A-12-302, as renumbered and amended by Laws of Utah 1990, Chapter 23
649 32A-12-303, as last amended by Laws of Utah 2000, Chapter 1
650 32A-12-304, as last amended by Laws of Utah 2000, Chapter 1
651 32A-12-305, as last amended by Laws of Utah 2003, Chapter 314
652 32A-12-306, as last amended by Laws of Utah 2003, Chapter 314
653 32A-12-307, as last amended by Laws of Utah 2008, Chapter 391
654 32A-12-308, as last amended by Laws of Utah 2003, Chapter 314
655 32A-12-310, as last amended by Laws of Utah 2000, Chapter 1
656 32A-12-401, as last amended by Laws of Utah 2007, Chapter 284
657 32A-12-501, as last amended by Laws of Utah 2004, Chapter 268
658 32A-12-502, as last amended by Laws of Utah 1996, Chapter 170
659 32A-12-504, as last amended by Laws of Utah 2003, Chapter 314
660 32A-12-505, as last amended by Laws of Utah 2005, Chapter 71
661 32A-12-506, as last amended by Laws of Utah 1996, Chapter 170
662 32A-12-601, as last amended by Laws of Utah 2004, Chapter 268
663 32A-12-602, as last amended by Laws of Utah 2003, Chapter 314
664 32A-12-603, as last amended by Laws of Utah 2008, Chapter 391
665 32A-12-604, as last amended by Laws of Utah 2003, Chapter 314
666 32A-12-605, as last amended by Laws of Utah 2003, Chapter 314
667 32A-12-606, as last amended by Laws of Utah 2003, Chapter 314
668 32A-13-101, as last amended by Laws of Utah 1992, Chapter 30
669 32A-13-102, as last amended by Laws of Utah 1990, Chapter 163 and renumbered and
670 amended by Laws of Utah 1990, Chapter 23
671 32A-13-103, as last amended by Laws of Utah 2007, Chapters 153, 180, and 306
672 32A-13-104, as last amended by Laws of Utah 1993, Chapter 38
673 32A-13-105, as renumbered and amended by Laws of Utah 1990, Chapter 23
674 32A-13-106, as last amended by Laws of Utah 2008, Chapter 305
675 32A-13-107, as renumbered and amended by Laws of Utah 1990, Chapter 23
676 32A-13-108, as last amended by Laws of Utah 1990, Chapter 118 and renumbered and
677 amended by Laws of Utah 1990, Chapter 23
678 32A-13-109, as last amended by Laws of Utah 2000, Chapter 1
679 32A-14a-101, as enacted by Laws of Utah 2000, Chapter 197
680 32A-14a-102, as last amended by Laws of Utah 2009, Chapter 383
681 32A-14a-103, as last amended by Laws of Utah 2009, Chapter 383
682 32A-14a-104, as renumbered and amended by Laws of Utah 2000, Chapter 197
683 32A-14a-105, as enacted by Laws of Utah 2000, Chapter 197
684 32A-14b-101, as enacted by Laws of Utah 2009, Chapter 353
685 32A-14b-102, as enacted by Laws of Utah 2009, Chapter 353
686 32A-14b-201, as enacted by Laws of Utah 2009, Chapter 353
687 32A-14b-202, as enacted by Laws of Utah 2009, Chapter 353
688 32A-14b-203, as enacted by Laws of Utah 2009, Chapter 353
689 32A-15a-101, as enacted by Laws of Utah 2003, Chapter 314
690 32A-15a-102, as last amended by Laws of Utah 2007, Chapter 341
691 32A-15a-103, as last amended by Laws of Utah 2008, Chapter 382
692 32A-15a-201, as last amended by Laws of Utah 2008, Chapter 382
693 32A-15a-202, as enacted by Laws of Utah 2003, Chapter 314
694 32A-15a-203, as enacted by Laws of Utah 2003, Chapter 314
695 Utah Code Sections Affected by Coordination Clause:
696 32B-2-402, Utah Code Annotated 1953
697 32B-6-203, Utah Code Annotated 1953
698 32B-6-303, Utah Code Annotated 1953
699 32B-6-703, Utah Code Annotated 1953
700 32B-7-305, Utah Code Annotated 1953
701
702 Be it enacted by the Legislature of the state of Utah:
703 Section 1. Section 11-10-1 is amended to read:
704 11-10-1. Business license required -- Authorization for issuance, denial,
705 suspension, or revocation by local authority.
706 (1) As used in this chapter, the following have the meaning set forth in Section
707 [
708 (a) "alcoholic product";
709 [
710 [
711 [
712 (d) "restaurant."
713 (2) A person may not operate an association, a restaurant, a business similar to a
714 business operated under a club license, or other similar business that allows [
715
716 alcoholic product on the premises of the [
717 similar business premises without a business license.
718 (3) [
719 owns or operates an association, restaurant, club [
720 allows [
721 consume [
722 (b) A business license issued under this Subsection (3) does not permit [
723 to hold, store, possess, or consume [
724 other than as provided in Title [
725 (4) [
726 Title [
727 (5) [
728 procedures for granting, denying, suspending, or revoking [
729 under this chapter.
730 (6) A business license issued under this section [
731 written consent of the local authority within the meaning of Title [
732 Beverage Control Act.
733 Section 2. Section 13-7-2 is amended to read:
734 13-7-2. Definitions.
735 (1) [
736 establishment, or facility of whatever kind, nature, or class that caters or offers its services,
737 facilities, or goods to the general public for a fee or charge, except, [
738 is:
739 (i) located within a building [
740 hire; and [
741 (ii) actually occupied by the proprietor of [
742 proprietor's residence[
743 (b) A place, establishment, or facility that caters or offers its services, facilities, or
744 goods to the general public gratuitously shall be within the definition of this term if it receives
745 any substantial governmental subsidy or support[
746 (c) "Place of public accommodation" does not apply to any institution, church, any
747 apartment house, club, or place of accommodation which is in its nature distinctly private
748 except to the extent that it is open to the public.
749 (2) [
750 associations, organizations, corporations, labor unions, legal representatives, trustees, trustees
751 in bankruptcy, receivers, and other organized groups of persons.
752 (3) "Enterprises regulated by the state" means:
753 (a) [
754 Consumer Credit Code;
755 [
756
757 (b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
758 Alcoholic Beverage Control Act;
759 (c) [
760 (d) [
761 Utilities Act.
762 Section 3. Section 26-38-2 is amended to read:
763 26-38-2. Definitions.
764 As used in this chapter:
765 (1) "Place of public access" means any enclosed indoor place of business, commerce,
766 banking, financial service, or other service-related activity, whether publicly or privately
767 owned and whether operated for profit or not, to which persons not employed at the place of
768 public access have general and regular access or which the public uses, including:
769 (a) buildings, offices, shops, elevators, or restrooms;
770 (b) means of transportation or common carrier waiting rooms;
771 (c) restaurants, cafes, or cafeterias;
772 (d) taverns as defined in Section [
773 (e) shopping malls, retail stores, grocery stores, or arcades;
774 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
775 sites, auditoriums, or arenas;
776 (g) barber shops, hair salons, or laundromats;
777 (h) sports or fitness facilities;
778 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
779 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
780 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
781 of these;
782 (j) (i) any child care facility or program subject to licensure or certification under this
783 title, including those operated in private homes, when any child cared for under that license is
784 present; and
785 (ii) any child care, other than child care as defined in Section 26-39-102 , that is not
786 subject to licensure or certification under this title, when any child cared for by the provider,
787 other than the child of the provider, is present;
788 (k) public or private elementary or secondary school buildings and educational
789 facilities or the property on which those facilities are located;
790 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
791 religious organization when used solely by the organization members or their guests or
792 families;
793 (m) any facility rented or leased for private functions from which the general public is
794 excluded and arrangements for the function are under the control of the function sponsor;
795 (n) any workplace that is not a place of public access or a publicly owned building or
796 office but has one or more employees who are not owner-operators of the business;
797 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
798 stating "no smoking", "thank you for not smoking", or similar statement; and
799 [
800 (p) a holder of a club license, as defined in Section 32B-1-102 .
801 (2) "Publicly owned building or office" means any enclosed indoor place or portion of
802 a place owned, leased, or rented by any state, county, or municipal government, or by any
803 agency supported by appropriation of, or by contracts or grants from, funds derived from the
804 collection of federal, state, county, or municipal taxes.
805 (3) "Smoking" means the possession of any lighted tobacco product in any form.
806 Section 4. Section 29-2-102 is amended to read:
807 29-2-102. Definitions.
808 As used in this chapter:
809 (1) "Alcoholic beverage" has the same meaning as provided in Section [
810 32B-1-102 .
811 (2) "Controlled substance" has the same meaning as provided in Section 58-37-2 .
812 (3) "Guest" means a person for whom an innkeeper was paid to provide temporary
813 sleeping accommodations in a lodging establishment.
814 (4) "Innkeeper" means the proprietor or designated employee of a proprietor of a
815 lodging establishment.
816 (5) "Lodging establishment" means a place providing temporary sleeping
817 accommodations to the public, including any of the following:
818 (a) a bed and breakfast establishment;
819 (b) a boarding house;
820 (c) a hotel;
821 (d) an inn;
822 (e) a lodging house;
823 (f) a motel;
824 (g) a resort; or
825 (h) a rooming house.
826 (6) "Minor" means an unemancipated person younger than 18 years of age.
827 Section 5. Section 32B-1-101 is enacted to read:
828
829
830
831 32B-1-101. Title.
832 (1) This title is known as the "Alcoholic Beverage Control Act."
833 (2) This chapter is known as "Alcoholic Beverage Control General Provisions."
834 Section 6. Section 32B-1-102 is enacted to read:
835 32B-1-102. Definitions.
836 As used in this title:
837 (1) "Airport lounge" means a business location:
838 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
839 (b) that is located at an international airport with a United States Customs office on
840 the premises of the international airport.
841 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
842 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
843 (3) "Alcoholic beverage" means the following:
844 (a) beer; or
845 (b) liquor.
846 (4) (a) "Alcoholic product" means a product that:
847 (i) contains at least .5% of alcohol by volume; and
848 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
849 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
850 in an amount equal to or greater than .5% of alcohol by volume.
851 (b) "Alcoholic product" includes an alcoholic beverage.
852 (c) "Alcoholic product" does not include any of the following common items that
853 otherwise come within the definition of an alcoholic product:
854 (i) except as provided in Subsection (4)(d), an extract;
855 (ii) vinegar;
856 (iii) cider;
857 (iv) essence;
858 (v) tincture;
859 (vi) food preparation; or
860 (vii) an over-the-counter medicine.
861 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
862 when it is used as a flavoring in the manufacturing of an alcoholic product.
863 (5) "Alcohol training and education seminar" means a seminar that is:
864 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
865 (b) described in Section 62A-15-401 .
866 (6) "Banquet" means an event:
867 (a) that is held at one or more designated locations approved by the commission in or
868 on the premises of a:
869 (i) hotel;
870 (ii) resort facility;
871 (iii) sports center; or
872 (iv) convention center;
873 (b) for which there is a contract:
874 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
875 and
876 (ii) under which the person operating a facility listed in Subsection (6)(a) is required
877 to provide an alcoholic product at the event; and
878 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
879 (7) (a) Subject to Subsection (7)(b), "bar" means a counter or similar structure:
880 (i) at which an alcoholic product is:
881 (A) stored; or
882 (B) dispensed; or
883 (ii) from which an alcoholic product is served.
884 (b) For purposes of a full-service restaurant license or a limited-service restaurant
885 license, "bar structure" means a surface or structure on the premises of a restaurant if on or at
886 any place of the surface or structure an alcoholic product is:
887 (i) stored; or
888 (ii) dispensed.
889 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
890 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
891 volume or 3.2% by weight; and
892 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
893 (b) "Beer" may or may not contain hops or other vegetable products.
894 (c) "Beer" includes a product that:
895 (i) contains alcohol in the percentages described in Subsection (8)(a); and
896 (ii) is referred to as:
897 (A) beer;
898 (B) ale;
899 (C) porter;
900 (D) stout;
901 (E) lager; or
902 (F) a malt or malted beverage.
903 (d) "Beer" does not include a flavored malt beverage.
904 (9) "Beer retailer" means a business:
905 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
906 whether for consumption on or off the business premises; and
907 (b) to whom a license is issued:
908 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-premise
909 Beer Retailer Local Authority; or
910 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
911 and Chapter 6, Part 7, On-premise Beer Retailer License.
912 (10) "Beer wholesaling license" means a license:
913 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
914 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
915 retail licensees or off-premise beer retailers.
916 (11) "Billboard" means a public display used to advertise, including:
917 (a) a light device;
918 (b) a painting;
919 (c) a drawing;
920 (d) a poster;
921 (e) a sign;
922 (f) a signboard; or
923 (g) a scoreboard.
924 (12) "Brewer" means a person engaged in manufacturing:
925 (a) beer;
926 (b) heavy beer; or
927 (c) a flavored malt beverage.
928 (13) "Brewery manufacturing license" means a license issued in accordance with
929 Chapter 11, Part 5, Brewery Manufacturing License.
930 (14) "Certificate of approval" means a certificate of approval obtained from the
931 department under Subsection 32B-11-201 (4).
932 (15) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided
933 by a bus company to a group of persons pursuant to a common purpose:
934 (a) under a single contract;
935 (b) at a fixed charge in accordance with the bus company's tariff; and
936 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
937 motor vehicle, and a driver to travel together to one or more specified destinations.
938 (16) "Church" means a building:
939 (a) set apart for worship;
940 (b) in which religious services are held;
941 (c) with which clergy is associated; and
942 (d) that is tax exempt under the laws of this state.
943 (17) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
944 License Act, and Chapter 6, Part 4, Club License.
945 (b) "Club license" includes:
946 (i) a dining club license;
947 (ii) an equity club license;
948 (iii) a fraternal club license; or
949 (iv) a social club license.
950 (18) "Commission" means the Alcoholic Beverage Control Commission created in
951 Section 32B-2-201 .
952 (19) "Commissioner" means a member of the commission.
953 (20) "Community location" means:
954 (a) a public or private school;
955 (b) a church;
956 (c) a public library;
957 (d) a public playground; or
958 (e) a public park.
959 (21) "Community location governing authority" means:
960 (a) the governing body of the community location; or
961 (b) if the commission does not know who is the governing body of a community
962 location, a person who appears to the commission to have been given on behalf of the
963 community location the authority to prohibit an activity at the community location.
964 (22) "Convention center" means a facility that is:
965 (a) in total at least 30,000 square feet; and
966 (b) otherwise defined as a "convention center" by the commission by rule.
967 (23) For purposes of a full-service restaurant license or limited-service restaurant
968 license:
969 (a) subject to Subsection (23)(b), "counter" means a surface or structure in a dining
970 area of a restaurant where seating is provided to a patron for service of food; and
971 (b) "counter" does not include a surface or structure if on or at any point of the surface
972 or structure an alcoholic product is:
973 (i) stored; or
974 (ii) dispensed.
975 (24) "Department" means the Department of Alcoholic Beverage Control created in
976 Section 32B-2-203 .
977 (25) "Department compliance officer" means an individual who is:
978 (a) an auditor or inspector; and
979 (b) employed by the department.
980 (26) "Department sample" means liquor that is placed in the possession of the
981 department for testing, analysis, and sampling.
982 (27) "Dining club license" means a license issued in accordance with Chapter 5, Retail
983 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
984 dining club license.
985 (28) "Director," unless the context requires otherwise, means the director of the
986 department.
987 (29) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
988 title:
989 (a) against a person subject to administrative action; and
990 (b) that is brought on the basis of a violation of this title.
991 (30) For purposes of a full-service restaurant license or a limited-service restaurant
992 license, "dispense" means:
993 (a) drawing of an alcoholic product:
994 (i) from an area where it is stored; or
995 (ii) as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii); and
996 (b) using the alcoholic product described in Subsection (29)(a) on the premises of the
997 restaurant to mix or prepare an alcoholic product to be furnished to a patron of the restaurant.
998 (31) "Distillery manufacturing license" means a license issued in accordance with
999 Chapter 11, Part 4, Distillery Manufacturing License.
1000 (32) "Distressed merchandise" means an alcoholic product in the possession of the
1001 department that is saleable, but for some reason is unappealing to the public.
1002 (33) "Educational facility" includes:
1003 (a) a nursery school;
1004 (b) an infant day care center; and
1005 (c) a trade and technical school.
1006 (34) "Equity club license" means a license issued in accordance with Chapter 5, Retail
1007 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
1008 equity club license.
1009 (35) "Event permit" means:
1010 (a) a single event permit; or
1011 (b) a temporary beer event permit.
1012 (36) (a) "Flavored malt beverage" means a beverage:
1013 (i) that contains at least .5% alcohol by volume;
1014 (ii) that is treated by processing, filtration, or another method of manufacture that is
1015 not generally recognized as a traditional process in the production of a beer as described in 27
1016 C.F.R. Sec. 25.55;
1017 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
1018 extract; and
1019 (iv) (A) for which the producer is required to file a formula for approval with the
1020 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
1021 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
1022 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
1023 (37) "Fraternal club license" means a license issued in accordance with Chapter 5,
1024 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
1025 as a fraternal club license.
1026 (38) "Full-service restaurant license" means a license issued in accordance with
1027 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-service Restaurant License.
1028 (39) (a) "Furnish" means by any means to provide with, supply, or give an individual
1029 an alcoholic product, by sale or otherwise.
1030 (b) "Furnish" includes to:
1031 (i) serve;
1032 (ii) deliver; or
1033 (iii) otherwise make available.
1034 (40) "Guest" means an individual who meets the requirements of Subsection
1035 32B-6-407 (9).
1036 (41) "Health care practitioner" means:
1037 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1038 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
1039 (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1040 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapist
1041 Practice Act;
1042 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
1043 Nurse Practice Act;
1044 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
1045 Practice Act;
1046 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
1047 Therapy Practice Act;
1048 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
1049 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
1050 Professional Practice Act;
1051 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1052 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
1053 Practice Act;
1054 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
1055 Hygienist Practice Act; and
1056 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant
1057 Act.
1058 (42) (a) "Heavy beer" means a product that:
1059 (i) contains more than 4% alcohol by volume; and
1060 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
1061 (b) "Heavy beer" is considered liquor for the purposes of this title.
1062 (43) "Hotel" is as defined by the commission by rule.
1063 (44) "Identification card" means an identification card issued under Title 53, Chapter
1064 3, Part 8, Identification Card Act.
1065 (45) "Industry representative" means an individual who is compensated by salary,
1066 commission, or other means for representing and selling an alcoholic product of a
1067 manufacturer, supplier, or importer of liquor.
1068 (46) "Industry representative sample" means liquor that is placed in the possession of
1069 the department for testing, analysis, and sampling by a local industry representative on the
1070 premises of the department to educate the local industry representative of the quality and
1071 characteristics of the product.
1072 (47) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
1073 of an alcoholic product is prohibited by:
1074 (a) law; or
1075 (b) court order.
1076 (48) "Intoxicated" means that a person:
1077 (a) is significantly impaired as to the person's mental or physical functions as a result
1078 of the use of:
1079 (i) an alcoholic product;
1080 (ii) a controlled substance;
1081 (iii) a substance having the property of releasing toxic vapors; or
1082 (iv) a combination of Subsections (48)(a)(i) through (iii); and
1083 (b) exhibits plain and easily observed outward manifestations of behavior or physical
1084 signs produced by the over consumption of an alcoholic product.
1085 (49) "Investigator" means an individual who is:
1086 (a) a department compliance officer; or
1087 (b) a nondepartment enforcement officer.
1088 (50) "Invitee" is as defined in Section 32B-8-102 .
1089 (51) "License" means:
1090 (a) a retail license;
1091 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
1092 Licenses Act;
1093 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
1094 or
1095 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
1096 (52) "Licensee" means a person who holds a license.
1097 (53) "Limited-service restaurant license" means a license issued in accordance with
1098 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-service Restaurant License.
1099 (54) "Limousine" means a motor vehicle licensed by the state or a local authority,
1100 other than a bus or taxicab:
1101 (a) in which the driver and a passenger are separated by a partition, glass, or other
1102 barrier;
1103 (b) that is provided by a business entity to one or more individuals at a fixed charge in
1104 accordance with the business entity's tariff; and
1105 (c) to give the one or more individuals the exclusive use of the limousine and a driver
1106 to travel to one or more specified destinations.
1107 (55) (a) (i) "Liquor" means a liquid that:
1108 (A) is:
1109 (I) alcohol;
1110 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
1111 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
1112 (IV) other drink or drinkable liquid; and
1113 (B) (I) contains at least .5% alcohol by volume; and
1114 (II) is suitable to use for beverage purposes.
1115 (ii) "Liquor" includes:
1116 (A) heavy beer;
1117 (B) wine; and
1118 (C) a flavored malt beverage.
1119 (b) "Liquor" does not include beer.
1120 (56) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301 .
1121 (57) "Liquor warehousing license" means a license that is issued:
1122 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
1123 (b) to a person, other than a licensed manufacturer, who engages in the importation for
1124 storage, sale, or distribution of liquor regardless of amount.
1125 (58) "Local authority" means:
1126 (a) for premises that are located in an unincorporated area of a county, the governing
1127 body of a county; or
1128 (b) for premises that are located in an incorporated city or a town, the governing body
1129 of the city or town.
1130 (59) "Lounge or bar area" is as defined by rule made by the commission.
1131 (60) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment,
1132 or otherwise make an alcoholic product for personal use or for sale or distribution to others.
1133 (61) "Member" means an individual who, after paying regular dues, has full privileges
1134 in an equity club licensee or fraternal club licensee.
1135 (62) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
1136 or homeport facility for a ship:
1137 (i) (A) under the control of the United States Department of Defense; or
1138 (B) of the National Guard;
1139 (ii) that is located within the state; and
1140 (iii) including a leased facility.
1141 (b) "Military installation" does not include a facility used primarily for:
1142 (i) civil works;
1143 (ii) a rivers and harbors project; or
1144 (iii) a flood control project.
1145 (63) "Minor" means an individual under the age of 21 years.
1146 (64) "Nondepartment enforcement agency" means an agency that:
1147 (a) (i) is a state agency other than the department; or
1148 (ii) is an agency of a county, city, or town; and
1149 (b) has a responsibility to enforce one or more provisions of this title.
1150 (65) "Nondepartment enforcement officer" means an individual who is:
1151 (a) a peace officer, examiner, or investigator; and
1152 (b) employed by a nondepartment enforcement agency.
1153 (66) (a) "Off-premise beer retailer" means a beer retailer who is:
1154 (i) licensed in accordance with Chapter 7, Part 2, Off-premise Beer Retailer Local
1155 Authority; and
1156 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
1157 premises.
1158 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
1159 (67) "On-premise banquet license" means a license issued in accordance with Chapter
1160 5, Retail License Act, and Chapter 6, Part 6, On-premise Banquet License.
1161 (68) "On-premise beer retailer" means a beer retailer who is:
1162 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
1163 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-premise Beer
1164 License; and
1165 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1166 premises, regardless of whether the beer retailer sells beer for consumption off the licensed
1167 premises.
1168 (69) "Package" means any of the following containing an alcoholic product:
1169 (a) a container;
1170 (b) a bottle;
1171 (c) a vessel; or
1172 (d) other receptacle.
1173 (70) "Package agency" means a retail liquor location operated:
1174 (a) under an agreement with the department; and
1175 (b) by a person:
1176 (i) other than the state; and
1177 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6,
1178 Package Agency, to sell packaged liquor for consumption off the premises of the package
1179 agency.
1180 (71) "Package agent" means a person who holds a package agency.
1181 (72) "Patron" means an individual to whom food, beverages, or services are sold,
1182 offered for sale, or furnished, or who consumes an alcoholic product including:
1183 (a) a customer;
1184 (b) a member;
1185 (c) a guest;
1186 (d) an attendee of a banquet or event;
1187 (e) an individual who receives room service;
1188 (f) a resident of a resort;
1189 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102 ;
1190 or
1191 (h) an invitee.
1192 (73) "Permittee" means a person issued a permit under:
1193 (a) Chapter 9, Event Permit Act; or
1194 (b) Chapter 10, Special Use Permit Act.
1195 (74) "Person subject to administrative action" means:
1196 (a) a licensee;
1197 (b) a permittee;
1198 (c) a manufacturer;
1199 (d) a supplier;
1200 (e) an importer;
1201 (f) an out-of-state brewer holding a certificate of approval; or
1202 (g) staff of:
1203 (i) a person listed in Subsections (74)(a) through (g); or
1204 (ii) a package agent.
1205 (75) "Premises" means a building, enclosure, or room used in connection with the
1206 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
1207 unless otherwise defined in this title or rules made by the commission.
1208 (76) "Prescription" means an order issued by a health care practitioner when:
1209 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
1210 to prescribe a controlled substance, other drug, or device for medicinal purposes;
1211 (b) the order is made in the course of that health care practitioner's professional
1212 practice; and
1213 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
1214 (77) (a) "Private event" means a specific social, business, or recreational event:
1215 (i) for which an entire room, area, or hall is leased or rented in advance by an
1216 identified group; and
1217 (ii) that is limited in attendance to people who are specifically designated and their
1218 guests.
1219 (b) "Private event" does not include an event to which the general public is invited,
1220 whether for an admission fee or not.
1221 (78) (a) "Proof of age" means:
1222 (i) an identification card;
1223 (ii) an identification that:
1224 (A) is substantially similar to an identification card;
1225 (B) is issued in accordance with the laws of a state other than Utah in which the
1226 identification is issued;
1227 (C) includes date of birth; and
1228 (D) has a picture affixed;
1229 (iii) a valid driver license certificate that:
1230 (A) includes date of birth;
1231 (B) has a picture affixed; and
1232 (C) is issued:
1233 (I) under Title 53, Chapter 3, Uniform Driver License Act; or
1234 (II) in accordance with the laws of the state in which it is issued;
1235 (iv) a military identification card that:
1236 (A) includes date of birth; and
1237 (B) has a picture affixed; or
1238 (v) a valid passport.
1239 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1240 Section 53-3-207 .
1241 (79) (a) "Public building" means a building or permanent structure that is:
1242 (i) owned or leased by:
1243 (A) the state; or
1244 (B) a local government entity; and
1245 (ii) used for:
1246 (A) public education;
1247 (B) transacting public business; or
1248 (C) regularly conducting government activities.
1249 (b) "Public building" does not include a building owned by the state or a local
1250 government entity when the building is used by a person, in whole or in part, for a proprietary
1251 function.
1252 (80) "Public conveyance" means a conveyance to which the public or a portion of the
1253 public has access to and a right to use for transportation, including an airline, railroad, bus,
1254 boat, or other public conveyance.
1255 (81) (a) "Record" means information that is:
1256 (i) inscribed on a tangible medium; or
1257 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1258 (b) "Record" includes:
1259 (i) a book;
1260 (ii) a book of account;
1261 (iii) a paper;
1262 (iv) a contract;
1263 (v) an agreement;
1264 (vi) a document; or
1265 (vii) a recording in any medium.
1266 (82) "Residence" means a person's principal place of abode within Utah.
1267 (83) "Resident," in relation to a resort, is as defined in Section 32B-8-102 .
1268 (84) "Resort" is as defined in Section 32B-8-102 .
1269 (85) "Resort facility" is as defined by the commission by rule.
1270 (86) "Resort license" means a license issued in accordance with Chapter 5, Retail
1271 License Act, and Chapter 8, Resort License Act.
1272 (87) "Restaurant" means a business location:
1273 (a) at which a variety of foods are prepared;
1274 (b) at which complete meals are served to the general public; and
1275 (c) that is engaged primarily in serving meals to the general public.
1276 (88) "Retail license" means one of the following licenses issued under this title:
1277 (a) a full-service restaurant license;
1278 (b) a limited-service restaurant license;
1279 (c) a club license;
1280 (d) an airport lounge license;
1281 (e) an on-premise banquet license; or
1282 (f) an on-premise beer license.
1283 (89) "Room service" means furnishing an alcoholic product to a person in a guest
1284 room of a:
1285 (a) hotel; or
1286 (b) resort facility.
1287 (90) "Serve" means to place an alcoholic product before an individual.
1288 (91) (a) "School" means a building used primarily for the general education of minors.
1289 (b) "School" does not include an educational facility.
1290 (92) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
1291 consideration, an alcoholic product is either directly or indirectly transferred, solicited,
1292 ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
1293 done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
1294 the rules made by the commission.
1295 (93) "Sexually oriented entertainer" means a person who while in a state of seminudity
1296 appears at or performs:
1297 (a) for the entertainment of one or more patrons;
1298 (b) on the premises of:
1299 (i) a social club licensee; or
1300 (ii) a tavern;
1301 (c) on behalf of or at the request of the licensee described in Subsection (93)(b);
1302 (d) on a contractual or voluntary basis; and
1303 (e) whether or not the person is designated as:
1304 (i) an employee;
1305 (ii) an independent contractor;
1306 (iii) an agent of the licensee; or
1307 (iv) a different type of classification.
1308 (94) "Single event permit" means a permit issued in accordance with Chapter 9, Part
1309 3, Single Event Permit.
1310 (95) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
1311 beer, heavy beer, and flavored malt beverages per year.
1312 (96) "Social club license" means a license issued in accordance with Chapter 5, Retail
1313 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
1314 social club license.
1315 (97) "Special use permit" means a permit issued in accordance with Chapter 10,
1316 Special Use Permit Act.
1317 (98) (a) "Spirituous liquor" means liquor that is distilled.
1318 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
1319 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
1320 (99) "Sports center" is as defined by the commission by rule.
1321 (100) (a) "Staff" means an individual who engages in activity governed by this title:
1322 (i) on behalf of a business, including a package agent, licensee, permittee, or
1323 certificate holder;
1324 (ii) at the request of the business, including a package agent, licensee, permittee, or
1325 certificate holder; or
1326 (iii) under the authority of the business, including a package agent, licensee, permittee,
1327 or certificate holder.
1328 (b) "Staff" includes:
1329 (i) an officer;
1330 (ii) a director;
1331 (iii) an employee;
1332 (iv) personnel management;
1333 (v) an agent of the licensee, including a managing agent;
1334 (vi) an operator; or
1335 (vii) a representative.
1336 (101) "State of nudity" means:
1337 (a) the appearance of:
1338 (i) the nipple or areola of a female human breast;
1339 (ii) a human genital;
1340 (iii) a human pubic area; or
1341 (iv) a human anus; or
1342 (b) a state of dress that fails to opaquely cover:
1343 (i) the nipple or areola of a female human breast;
1344 (ii) a human genital;
1345 (iii) a human pubic area; or
1346 (iv) a human anus.
1347 (102) "State of seminudity" means a state of dress in which opaque clothing covers no
1348 more than:
1349 (a) the nipple and areola of the female human breast in a shape and color other than
1350 the natural shape and color of the nipple and areola; and
1351 (b) the human genitals, pubic area, and anus:
1352 (i) with no less than the following at its widest point:
1353 (A) four inches coverage width in the front of the human body; and
1354 (B) five inches coverage width in the back of the human body; and
1355 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
1356 (103) (a) "State store" means a facility for the sale of packaged liquor:
1357 (i) located on premises owned or leased by the state; and
1358 (ii) operated by a state employee.
1359 (b) "State store" does not include:
1360 (i) a package agency;
1361 (ii) a licensee; or
1362 (iii) a permittee.
1363 (104) For purposes of a full-service restaurant license or a limited-service restaurant
1364 license:
1365 (a) "Storage area" means an area on licensed premises where the licensee stores an
1366 alcoholic product.
1367 (b) "Store" means to place or maintain in a location an alcoholic product from which a
1368 person draws to prepare an alcoholic product to be furnished to a patron of the restaurant,
1369 except as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii).
1370 (105) "Sublicense" is as defined in Section 32B-8-102 .
1371 (106) "Supplier" means a person who sells an alcoholic product to the department.
1372 (107) "Tavern" means an on-premise beer retailer who is:
1373 (a) issued a license by the commission in accordance with Chapter 5, Retail License
1374 Act, and Chapter 6, Part 7, On-premise Beer Retailer License; and
1375 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
1376 On-premise Beer Retailer License.
1377 (108) "Temporary beer event permit" means a permit issued in accordance with
1378 Chapter 9, Part 4, Temporary Beer Event Permit.
1379 (109) "Temporary domicile" means the principal place of abode within Utah of a
1380 person who does not have a present intention to continue residency within Utah permanently
1381 or indefinitely.
1382 (110) "Unsaleable liquor merchandise" means a package that:
1383 (a) is unsaleable because the package is:
1384 (i) unlabeled;
1385 (ii) leaky;
1386 (iii) damaged;
1387 (iv) difficult to open; or
1388 (v) partly filled;
1389 (b) (i) has faded labels or defective caps or corks;
1390 (ii) has contents that are:
1391 (A) cloudy;
1392 (B) spoiled; or
1393 (C) chemically determined to be impure; or
1394 (iii) contains:
1395 (A) sediment; or
1396 (B) a foreign substance; or
1397 (c) is otherwise considered by the department as unfit for sale.
1398 (111) (a) "Wine" means an alcoholic product obtained by the fermentation of the
1399 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
1400 another ingredient is added.
1401 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
1402 in this title.
1403 (112) "Winery manufacturing license" means a license issued in accordance with
1404 Chapter 11, Part 3, Winery Manufacturing License.
1405 Section 7. Section 32B-1-103 is enacted to read:
1406 32B-1-103. Policy.
1407 The policies of the state are as follows:
1408 (1) This title shall be administered in a manner that is nonpartisan and free of partisan
1409 political influence.
1410 (2) Alcoholic product control shall be operated as a public business using sound
1411 management principles and practices. This public business shall:
1412 (a) be governed by a commission;
1413 (b) be operated by a department; and
1414 (c) function with the intent of servicing the public demand for alcoholic products.
1415 (3) The commission and department may not promote or encourage the sale or
1416 consumption of alcoholic products.
1417 (4) The commission shall conduct, license, and regulate the sale of alcoholic products
1418 in a manner and at prices that:
1419 (a) reasonably satisfy the public demand and protect the public interest, including the
1420 rights of citizens who do not wish to be involved with alcoholic products; and
1421 (b) will promote the reduction of the harmful effects of:
1422 (i) over consumption of alcoholic products by adults; and
1423 (ii) consumption of alcoholic products by minors.
1424 Section 8. Section 32B-1-104 is enacted to read:
1425 32B-1-104. Exercise of police powers -- Severability.
1426 (1) This title is an exercise of the police powers of the state for the protection of the
1427 public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale,
1428 furnishing, consumption, manufacture, and distribution of an alcoholic product. This title
1429 governs alcoholic product control unless otherwise provided in this title.
1430 (2) If a provision of this title or the application of a provision to a person or
1431 circumstance is held invalid, the remainder of this title shall be given effect without the invalid
1432 provision or application. The provisions of this title are severable.
1433 Section 9. Section 32B-1-201 is enacted to read:
1434
1435 32B-1-201. Determining population.
1436 For purposes of determining the number of state stores that the commission may
1437 establish or the number of package agencies or retail licenses that the commission may issue,
1438 the commission shall determine population by:
1439 (1) the most recent United States decennial or special census; or
1440 (2) another population determination made by the United States or state governments.
1441 Section 10. Section 32B-1-202 is enacted to read:
1442 32B-1-202. Proximity to community location.
1443 (1) For purposes of this section, "outlet" means:
1444 (a) a state store;
1445 (b) a package agency; or
1446 (c) a retail licensee, except an airport lounge licensee.
1447 (2) Except as otherwise provided in this section, the premises of an outlet may not be
1448 located:
1449 (a) within 600 feet of a community location, as measured from the nearest entrance of
1450 the outlet by following the shortest route of ordinary pedestrian travel to the property boundary
1451 of the community location; or
1452 (b) within 200 feet of a community location, measured in a straight line from the
1453 nearest entrance of the outlet to the nearest property boundary of the community location.
1454 (3) With respect to the location of an outlet, the commission may authorize a variance
1455 to reduce the proximity requirement of Subsection (2) if:
1456 (a) when the variance reduces the proximity requirement of Subsection (2)(b), the
1457 community location at issue is:
1458 (i) a public library; or
1459 (ii) a public park;
1460 (b) except with respect to a state store, the local authority gives its written consent to
1461 the variance;
1462 (c) the commission finds that alternative locations for locating that type of outlet in the
1463 community are limited;
1464 (d) a public hearing is held in the city, town, or county, and when practical in the
1465 neighborhood concerned;
1466 (e) after giving full consideration to the attending circumstances and the policies
1467 stated in Subsections 32B-1-103 (3) and (4), the commission determines that locating the
1468 outlet in that location would not be detrimental to the public health, peace, safety, and welfare
1469 of the community;
1470 (f) (i) the community location governing authority gives its written consent to the
1471 variance; or
1472 (ii) if the community location governing authority does not give its written consent to
1473 a variance, the commission finds the following for a state store, or if the outlet is a package
1474 agency or retail licensee, the commission finds that the applicant establishes the following:
1475 (A) there is substantial unmet public demand to consume an alcoholic product:
1476 (I) within the geographic boundary of the local authority in which the outlet is to be
1477 located; and
1478 (II) for an outlet that is a retail licensee, in a public setting;
1479 (B) there is no reasonably viable alternative for satisfying the substantial unmet
1480 demand other than through locating that type of outlet in that location; and
1481 (C) there is no reasonably viable alternative location within the geographic boundary
1482 of the local authority in which the outlet is to be located for locating that type of outlet to
1483 satisfy the unmet demand.
1484 (4) With respect to the premises of a package agency or retail licensee that undergoes
1485 a change of ownership, the commission may waive or vary the proximity requirements of
1486 Subsection (2) in considering whether to issue the package agency or same type of retail
1487 license to the new owner of the premises if:
1488 (a) the premises previously received a variance reducing the proximity requirement of
1489 Subsection (2)(a);
1490 (b) the premises received a variance reducing the proximity requirement of Subsection
1491 (2)(b) on or before May 4, 2008; or
1492 (c) a variance from proximity requirements was otherwise allowed under this title.
1493 (5) Nothing in this section prevents the commission from considering the proximity of
1494 an educational, religious, and recreational facility, or any other relevant factor in reaching a
1495 decision on a proposed location of an outlet.
1496 Section 11. Section 32B-1-203 is enacted to read:
1497 32B-1-203. Licensee compliance with other laws.
1498 (1) A licensee and a person applying for a license shall comply with the applicable
1499 federal and state laws pertaining to payment of taxes and contributions to unemployment and
1500 insurance funds to which the licensee or person may be subject.
1501 (2) The commission:
1502 (a) may not issue a license to a person who violates this section; and
1503 (b) may not renew, suspend, or revoke the license of a licensee who violates this
1504 section.
1505 Section 12. Section 32B-1-204 is enacted to read:
1506 32B-1-204. Powers of local authority.
1507 (1) If this title expressly addresses an issue related to alcoholic product control in this
1508 state, a local authority may not regulate in relation to that issue except when a local authority
1509 is expressly granted regulatory authority to regulate the issue by this title.
1510 (2) If this title does not expressly address an issue related to alcoholic product control,
1511 a local authority may regulate that issue if the regulation:
1512 (a) is of the sale, offer for sale, furnishing, or consumption of an alcoholic product;
1513 and
1514 (b) does not conflict with this title.
1515 Section 13. Section 32B-1-205 is enacted to read:
1516 32B-1-205. Falsifying or taking other actions with records prohibited.
1517 (1) A person required to make or maintain a record under this title or rules of the
1518 commission, or a person acting for that person, may not knowingly forge, falsify, alter, cancel,
1519 destroy, conceal, or remove the record for the purpose of deceiving the commission, a
1520 commissioner, the director, the department, a department employee, or a law enforcement
1521 officer.
1522 (2) A violation of this section may result in:
1523 (a) disciplinary action in accordance with Chapter 3, Disciplinary Actions and
1524 Enforcement Act, if the person who violates this section is a person subject to administrative
1525 action; or
1526 (b) criminal prosecution if the violation is a criminal offense under Chapter 4,
1527 Criminal Offenses and Procedure Act.
1528 Section 14. Section 32B-1-301 is enacted to read:
1529
1530 32B-1-301. Title.
1531 This part is known as "Qualifications and Background."
1532 Section 15. Section 32B-1-302 is enacted to read:
1533 32B-1-302. Definitions.
1534 Reserved
1535 Section 16. Section 32B-1-303 is enacted to read:
1536 32B-1-303. Qualifications related to employment with the department.
1537 (1) The department may not employ a person if that person has been convicted of:
1538 (a) a felony under a federal law or state law;
1539 (b) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1540 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1541 product;
1542 (c) a crime involving moral turpitude; or
1543 (d) on two or more occasions within the five years before the day on which the
1544 department employs the person, driving under the influence of alcohol, drugs, or the combined
1545 influence of alcohol and drugs.
1546 (2) The director may terminate a department employee or take other disciplinary
1547 action consistent with Title 67, Chapter 19, Utah State Personnel Management Act, if:
1548 (a) after the day on which the department employs the department employee, the
1549 department employee is found to have been convicted of an offense described in Subsection
1550 (1) before being employed by the department; or
1551 (b) on or after the day on which the department employs the department employee, the
1552 department employee:
1553 (i) is convicted of an offense described in Subsection (1)(a), (b), or (c); or
1554 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
1555 influence of alcohol and drugs; and
1556 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
1557 influence of alcohol and drugs within five years before the day on which the person is
1558 convicted of the offense described in Subsection (2)(b)(ii)(A).
1559 (3) The director may immediately suspend a department employee for the period
1560 during which a criminal matter is being adjudicated if the department employee:
1561 (a) is arrested on a charge for an offense described in Subsection (1)(a), (b), or (c); or
1562 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
1563 drugs, or the combined influence of alcohol and drugs; and
1564 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
1565 influence of alcohol and drugs within five years before the day on which the person is arrested
1566 on a charge described in Subsection (3)(b)(i).
1567 Section 17. Section 32B-1-304 is enacted to read:
1568 32B-1-304. Qualifications for a package agency, license, or permit -- Minors.
1569 (1) (a) The commission may not issue a package agency, license, or permit to a person
1570 who has been convicted of:
1571 (i) a felony under a federal law or state law;
1572 (ii) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1573 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1574 product;
1575 (iii) a crime involving moral turpitude; or
1576 (iv) on two or more occasions within the five years before the day on which the
1577 package agency, license, or permit is issued, driving under the influence of alcohol, drugs, or
1578 the combined influence of alcohol and drugs.
1579 (b) If the person is a partnership, corporation, or limited liability company, the
1580 proscription under Subsection (1)(a) applies if any of the following has been convicted of an
1581 offense described in Subsection (1)(a):
1582 (i) a partner;
1583 (ii) a managing agent;
1584 (iii) a manager;
1585 (iv) an officer;
1586 (v) a director;
1587 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
1588 the corporation; or
1589 (vii) a member who owns at least 20% of the limited liability company.
1590 (c) The proscription under Subsection (1)(a) applies if a person who is employed to act
1591 in a supervisory or managerial capacity for a package agency, licensee, or permittee has been
1592 convicted of an offense described in Subsection (1)(a).
1593 (2) The commission may immediately suspend or revoke a package agency, license, or
1594 permit, and terminate a package agency agreement, if a person described in Subsection (1):
1595 (a) after the day on which the package agency, license, or permit is issued, is found to
1596 have been convicted of an offense described in Subsection (1)(a) before the package agency,
1597 license, or permit is issued; or
1598 (b) on or after the day on which the package agency, license, or permit is issued:
1599 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
1600 (ii) (A) is convicted of driving under the influence of alcohol, drugs, or the combined
1601 influence of alcohol and drugs; and
1602 (B) was convicted of driving under the influence of alcohol, drugs, or the combined
1603 influence of alcohol and drugs within five years before the day on which the person is
1604 convicted of the offense described in Subsection (2)(b)(ii)(A).
1605 (3) The director may take emergency action by immediately suspending the operation
1606 of the package agency, licensee, or permittee for the period during which a criminal matter is
1607 being adjudicated if a person described in Subsection (1):
1608 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii);
1609 or
1610 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
1611 drugs, or the combined influence of alcohol and drugs; and
1612 (ii) was convicted of driving under the influence of alcohol, drugs, or the combined
1613 influence of alcohol and drugs within five years before the day on which the person is arrested
1614 on a charge described in Subsection (3)(b)(i).
1615 (4) (a) (i) The commission may not issue a package agency, license, or permit to a
1616 person who has had any type of agency, license, or permit issued under this title revoked
1617 within the last three years.
1618 (ii) The commission may not issue a package agency, license, or permit to a
1619 partnership, corporation, or limited liability company if a partner, managing agent, manager,
1620 officer, director, stockholder who holds at least 20% of the total issued and outstanding stock
1621 of the corporation, or member who owns at least 20% of the limited liability company is or
1622 was:
1623 (A) a partner or managing agent of a partnership that had any type of agency, license,
1624 or permit issued under this title revoked within the last three years;
1625 (B) a managing agent, officer, director, or stockholder who holds or held at least 20%
1626 of the total issued and outstanding stock of any corporation that had any type of agency,
1627 license, or permit issued under this title revoked within the last three years; or
1628 (C) a manager or member who owns or owned at least 20% of a limited liability
1629 company that had any type of agency, license, or permit issued under this title revoked within
1630 the last three years.
1631 (b) The commission may not issue a package agency, licence, or permit to a
1632 partnership, corporation, or limited liability company if any of the following had any type of
1633 agency, license, or permit issued under this title revoked while acting in that person's
1634 individual capacity within the last three years:
1635 (i) a partner or managing agent of a partnership;
1636 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1637 total issued and outstanding stock of a corporation; or
1638 (iii) a manager or member who owns at least 20% of a limited liability company.
1639 (c) The commission may not issue a package agency, license, or permit to a person
1640 acting in an individual capacity if that person was:
1641 (i) a partner or managing agent of a partnership that had any type of agency, license,
1642 or permit issued under this title revoked within the last three years;
1643 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
1644 total issued and outstanding stock of a corporation that had any type of agency, license, or
1645 permit issued under this title revoked within the last three years; or
1646 (iii) a manager or member who owned at least 20% of the limited liability company
1647 that had any type of agency, license, or permit issued under this title revoked within the last
1648 three years.
1649 (5) (a) The commission may not issue a package agency, license, or permit to a minor.
1650 (b) The commission may not issue a package agency, license, or permit to a
1651 partnership, corporation, or limited liability company if any of the following is a minor:
1652 (i) a partner or managing agent of the partnership;
1653 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
1654 total issued and outstanding stock of the corporation; or
1655 (iii) a manager or member who owns at least 20% of the limited liability company.
1656 (6) If a package agent, licensee, or permittee no longer possesses the qualifications
1657 required by this title for obtaining a package agency, license, or permit, the commission may
1658 terminate the package agency agreement, or revoke the license or permit.
1659 Section 18. Section 32B-1-305 is enacted to read:
1660 32B-1-305. Requirement for a criminal background check.
1661 (1) The department shall require an individual listed in Subsection (2) to, in
1662 accordance with this part:
1663 (a) submit a fingerprint card in a form acceptable to the department; and
1664 (b) consent to a fingerprint criminal background check by:
1665 (i) the Utah Bureau of Criminal Identification; and
1666 (ii) the Federal Bureau of Investigation.
1667 (2) The following shall comply with Subsection (1):
1668 (a) an individual applying for employment with the department if:
1669 (i) the department makes the decision to offer the individual employment with the
1670 department; and
1671 (ii) once employed, the individual will receive benefits;
1672 (b) an individual applying to the commission to operate a package agency;
1673 (c) an individual applying to the commission for a license;
1674 (d) an individual who with regard to an entity that is applying to the commission to
1675 operate a package agency or for a license is:
1676 (i) a partner;
1677 (ii) a managing agent;
1678 (iii) a manager;
1679 (iv) an officer;
1680 (v) a director;
1681 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a
1682 corporation;
1683 (vii) a member who owns at least 20% of a limited liability company; or
1684 (viii) an individual employed to act in a supervisory or managerial capacity; or
1685 (e) an individual who becomes involved with an entity that operates a package agency
1686 or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the
1687 day on which the entity:
1688 (i) is approved to operate a package agency; or
1689 (ii) is licensed by the commission.
1690 (3) The department shall require compliance with Subsection (2)(e) as a condition of
1691 an entity's:
1692 (a) continued operation of a package agency; or
1693 (b) renewal of a license.
1694 (4) The department may require as a condition of continued employment that a
1695 department employee:
1696 (a) submit a fingerprint card in a form acceptable to the department; and
1697 (b) consent to a fingerprint criminal background check by:
1698 (i) the Utah Bureau of Criminal Identification; and
1699 (ii) the Federal Bureau of Investigation.
1700 Section 19. Section 32B-1-306 is enacted to read:
1701 32B-1-306. Use of information from a criminal background check.
1702 The commission or department may use information obtained pursuant to Section
1703 32B-1-305 only for one or more of the following purposes:
1704 (1) enforcing this title;
1705 (2) determining whether an individual is convicted of any of the following offenses
1706 that disqualify the individual under this title from acting in a capacity described in Subsection
1707 32B-1-305 (2):
1708 (a) a felony under federal law or state law;
1709 (b) a violation of a federal law, state law, or local ordinance concerning the sale, offer
1710 for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic
1711 product;
1712 (c) a crime involving moral turpitude; or
1713 (d) on two or more occasions within the previous five years, driving under the
1714 influence of alcohol, drugs, or the combined influence of alcohol and drugs;
1715 (3) determining whether an individual fails to accurately disclose the person's criminal
1716 history on an application or document filed with the department or commission;
1717 (4) approving or denying an application for employment with the department;
1718 (5) taking disciplinary action against a department employee, including possible
1719 termination of employment;
1720 (6) issuing or denying an application to operate a package agency;
1721 (7) issuing or denying an application for a license;
1722 (8) issuing or denying the renewal of a package agency agreement;
1723 (9) issuing or denying the renewal of a license;
1724 (10) suspending the operation of a package agency;
1725 (11) terminating a package agency contract; or
1726 (12) suspending or revoking a license.
1727 Section 20. Section 32B-1-307 is enacted to read:
1728 32B-1-307. Criminal background check procedure.
1729 (1) (a) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall
1730 submit a fingerprint card at the expense of the individual.
1731 (b) The department shall pay the expense of obtaining a fingerprint card required of:
1732 (i) an individual applying for employment with the department; or
1733 (ii) a department employee.
1734 (2) (a) The department shall obtain information from a criminal history record
1735 maintained by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10,
1736 Part 2, Bureau of Criminal Identification, for a purpose outlined in Section 32B-1-306 .
1737 (b) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall pay to
1738 the department the expense of obtaining the criminal history record described in Subsection
1739 (2)(a).
1740 (c) The department shall pay the expense of obtaining the criminal history record
1741 required for:
1742 (i) an individual applying for employment with the department; or
1743 (ii) a department employee.
1744 (3) (a) The department shall submit a fingerprint card obtained under Section
1745 32B-1-305 of an individual who has not resided in the state for at least two years before the
1746 day on which the fingerprint card is submitted to the Utah Bureau of Criminal Identification to
1747 be forwarded to the Federal Bureau of Investigation for a nationwide criminal history record
1748 check.
1749 (b) An individual described in Subsections 32B-1-305 (2)(b) through (e) shall pay to
1750 the department the expense of obtaining the criminal history record described in Subsection
1751 (3)(a).
1752 (c) The department shall pay the expense of obtaining the criminal history record
1753 required for:
1754 (i) an individual applying for employment with the department; or
1755 (ii) a department employee.
1756 (4) The department shall pay the Utah Bureau of Criminal Identification the costs
1757 incurred in providing the department criminal background information.
1758 (5) (a) The following may not disseminate a criminal history record obtained under
1759 this part to any person except for a purpose described in Section 32B-1-306 :
1760 (i) the commission;
1761 (ii) a commissioner;
1762 (iii) the director;
1763 (iv) the department; or
1764 (v) a department employee.
1765 (b) (i) Notwithstanding Subsection (5)(a), a criminal history record obtained under
1766 this part may be provided by the department to the individual who is the subject of the
1767 criminal history record.
1768 (ii) The department shall provide an individual who is the subject of a criminal history
1769 record and who requests the criminal history record an opportunity to:
1770 (A) review the criminal history record; and
1771 (B) respond to information in the criminal history record.
1772 (6) If an individual described in Subsection 32B-1-305 (2) is determined to be
1773 disqualified under Subsection 32B-1-306 (2)(b), the department shall provide the individual
1774 with:
1775 (a) notice of the reason for the disqualification; and
1776 (b) an opportunity to respond to the disqualification.
1777 (7) The department shall maintain the following in one or more separate files so that
1778 they may be accessed only for a purpose under Section 32B-1-306 :
1779 (a) a fingerprint card submitted under this part; and
1780 (b) a criminal history record received from:
1781 (i) the Utah Bureau of Criminal Identification; and
1782 (ii) the Federal Bureau of Investigation.
1783 Section 21. Section 32B-1-401 is enacted to read:
1784
1785 32B-1-401. Title.
1786 This part is known as the "Proof of Age Act."
1787 Section 22. Section 32B-1-402 is enacted to read:
1788 32B-1-402. Definitions.
1789 As used in this part:
1790 (1) "Applicable licensee" means the following:
1791 (a) a dining club licensee; or
1792 (b) a social club licensee.
1793 (2) "Authorized person" means a person authorized by law to sell or otherwise handle
1794 an alcoholic product.
1795 (3) "Restricted area" means a place where an alcoholic product is sold or consumed,
1796 but where under this title a minor is not permitted.
1797 (4) "Statement of age" means a statement signed under Section 32B-1-405 verifying
1798 the age of the person signing the statement.
1799 Section 23. Section 32B-1-403 is enacted to read:
1800 32B-1-403. Unlawful transfer or use of proof of age -- False information.
1801 (1) (a) It is unlawful for a person to transfer that person's proof of age to another
1802 person to aid that person:
1803 (i) in procuring an alcoholic product;
1804 (ii) in gaining admittance to a restricted area; or
1805 (iii) in obtaining employment that under this title may not be obtained by a minor.
1806 (b) A person who permits that person's proof of age to be used by another for a
1807 purpose stated in Subsection (1)(a) is guilty of a class B misdemeanor.
1808 (2) (a) It is unlawful for a person to use a proof of age containing false information
1809 with the intent to:
1810 (i) procure an alcoholic product;
1811 (ii) gain admittance to a restricted area; or
1812 (iii) obtain employment that under this title may not be obtained by a minor.
1813 (b) Except as provided in Section 32B-4-411 , a person who violates this Subsection
1814 (2) is guilty of a class A misdemeanor.
1815 Section 24. Section 32B-1-404 is enacted to read:
1816 32B-1-404. Presentation of proof of age upon request.
1817 (1) To obtain one or more of the following, an individual shall present proof of age at
1818 the request of a person listed in Subsection (2):
1819 (a) an alcoholic product;
1820 (b) admittance to a restricted area; or
1821 (c) employment that under this title may not be obtained by a minor.
1822 (2) To determine whether the individual described in Subsection (1) is 21 years of age,
1823 the following may request a person described in Subsection (1) to present proof of age:
1824 (a) an authorized person;
1825 (b) a peace officer;
1826 (c) a representative of the State Bureau of Investigation of the Department of Public
1827 Safety, established in Section 53-10-301 ; or
1828 (d) an authorized department employee.
1829 Section 25. Section 32B-1-405 is enacted to read:
1830 32B-1-405. Additional requirements when age is in question.
1831 (1) (a) In addition to requesting the presentation of proof of age under Section
1832 32B-1-404 , an authorized person shall require an individual whose age is in question to sign a
1833 statement of age on the form provided under Subsection (1)(b) that includes:
1834 (i) the date the statement of age is signed; and
1835 (ii) the number assigned to the individual's proof of age by the issuing authority.
1836 (b) At the request of a retail licensee, the commissioner of public safety shall provide
1837 to a retail licensee the form for the statement of age described in this Subsection (1).
1838 (2) (a) An authorized person shall:
1839 (i) file in alphabetical order a statement of age obtained under Subsection (1) by no
1840 later than the close of business on the day on which the statement of age is executed; and
1841 (ii) maintain a statement of age on file for three years.
1842 (b) A statement of age is subject to examination by:
1843 (i) a peace officer;
1844 (ii) a representative of the State Bureau of Investigation of the Department of Public
1845 Safety, established in Section 53-10-301 ; or
1846 (iii) an authorized department employee.
1847 Section 26. Section 32B-1-406 is enacted to read:
1848 32B-1-406. Acceptance of identification.
1849 (1) An authorized person may accept as evidence of the legal age of the individual
1850 presenting the following:
1851 (a) proof of age; or
1852 (b) if a statement of age is required under Section 32B-1-405 :
1853 (i) proof of age; and
1854 (ii) a statement of age.
1855 (2) A statement of age, if properly completed, signed, and filed in accordance with
1856 Section 32B-1-405 , may be offered as a defense in a case when there is at issue the legality of:
1857 (a) selling, offering for sale, or furnishing an alcoholic product to the individual who
1858 signed the statement of age;
1859 (b) admitting the individual who signed the statement of age into a restricted area; or
1860 (c) allowing the individual who signed the statement of age to be employed in
1861 employment that under this title may not be obtained by a minor.
1862 (3) An authorized person may not accept a driving privilege card issued in accordance
1863 with Section 53-3-207 as evidence of the legal age of an individual.
1864 Section 27. Section 32B-1-407 is enacted to read:
1865 32B-1-407. Verification of proof of age by applicable licensees.
1866 (1) Notwithstanding any other provision of this part, an applicable licensee shall
1867 require that an authorized person under the applicable licensee verify proof of age as provided
1868 in this section.
1869 (2) An authorized person is required to verify proof of age under this section before an
1870 individual who appears to be 35 years of age or younger:
1871 (a) gains admittance to the premises of a social club licensee; or
1872 (b) procures an alcoholic product on the premises of a dining club licensee.
1873 (3) To comply with Subsection (2), an authorized person shall:
1874 (a) request the individual present proof of age; and
1875 (b) (i) verify the validity of the proof of age electronically under the verification
1876 program created in Subsection (4); or
1877 (ii) if the proof of age cannot be electronically verified as provided in Subsection
1878 (3)(b)(i), request that the individual comply with a process established by the commission by
1879 rule.
1880 (4) The commission shall establish by rule an electronic verification program that
1881 includes the following:
1882 (a) the specifications for the technology used by the applicable licensee to
1883 electronically verify proof of age, including that the technology display to the person described
1884 in Subsection (1) no more than the following for the individual who presents the proof of age:
1885 (i) the name;
1886 (ii) the age;
1887 (iii) the number assigned to the individual's proof of age by the issuing authority;
1888 (iv) the birth date;
1889 (v) the gender; and
1890 (vi) the status and expiration date of the individual's proof of age; and
1891 (b) the security measures that must be used by an applicable licensee to ensure that
1892 information obtained under this section is:
1893 (i) used by the applicable licensee only for purposes of verifying proof of age in
1894 accordance with this section; and
1895 (ii) retained by the applicable licensee for seven days after the day on which the
1896 applicable licensee obtains the information.
1897 (5) (a) An applicable licensee may not disclose information obtained under this
1898 section except as provided under this title.
1899 (b) Information obtained under this section is considered a record for any purpose
1900 under Chapter 5, Part 3, Retail Licensee Operational Requirements.
1901 Section 28. Section 32B-1-408 is enacted to read:
1902 32B-1-408. Penalty.
1903 (1) Unless otherwise provided in this title, including Section 32B-4-411 , a person who
1904 violates this part is guilty of a class B misdemeanor.
1905 (2) A person is not subject to a penalty for a violation of this part if it is proved to the
1906 commission or the court hearing the matter that the person charged with the violation acted in
1907 good faith.
1908 Section 29. Section 32B-1-501 is enacted to read:
1909
1910 32B-1-501. Title.
1911 This part is known as the "Attire, Conduct, and Entertainment Act."
1912 Section 30. Section 32B-1-502 is enacted to read:
1913 32B-1-502. Purpose -- Application to other laws.
1914 (1) This part establishes reasonable and uniform time, place, and manner of operation
1915 requirements relating to attire, conduct, and sexually oriented entertainers on premises or at an
1916 event at which an alcoholic product is sold, offered for sale, furnished, or allowed to be
1917 consumed under a retail license or permit issued by the commission so as to:
1918 (a) reduce the adverse secondary effects that the attire, conduct, and sexually oriented
1919 entertainers may have upon communities of this state; and
1920 (b) protect the health, peace, safety, welfare, and morals of the residents of
1921 communities of this state.
1922 (2) Nothing in this part allows the showing or display of any matter that is contrary to:
1923 (a) applicable federal or state statutes prohibiting obscenity; or
1924 (b) state statutes relating to lewdness or indecent public displays.
1925 (3) A local authority may be more restrictive of attire, conduct, or sexually oriented
1926 entertainers of the type prohibited in this part.
1927 Section 31. Section 32B-1-503 is enacted to read:
1928 32B-1-503. Definitions.
1929 Reserved
1930 Section 32. Section 32B-1-504 is enacted to read:
1931 32B-1-504. General requirements on attire and conduct.
1932 The following attire and conduct on premises or at an event regulated by the
1933 commission under this title are considered contrary to the public health, peace, safety, welfare,
1934 and morals, and are prohibited:
1935 (1) employing or using a person in the sale, offer for sale, or furnishing of an alcoholic
1936 product while the person is in:
1937 (a) a state of nudity;
1938 (b) a state of seminudity; or
1939 (c) performance attire or clothing that exposes to view any portion of:
1940 (i) the female breast below the top of the areola; or
1941 (ii) the cleft of the buttocks;
1942 (2) employing or using the services of a person to mingle with patrons while the
1943 person is in:
1944 (a) a state of nudity;
1945 (b) a state of seminudity; or
1946 (c) performance attire or clothing that exposes to view any portion of:
1947 (i) the female breast below the top of the areola; or
1948 (ii) the cleft of the buttocks;
1949 (3) encouraging or permitting a person to:
1950 (a) engage in or simulate an act of:
1951 (i) sexual intercourse;
1952 (ii) masturbation;
1953 (iii) sodomy;
1954 (iv) bestiality;
1955 (v) oral copulation;
1956 (vi) flagellation; or
1957 (vii) a sexual act that is prohibited by Utah law; or
1958 (b) touch, caress, or fondle the breast, buttocks, anus, or genitals of any other person;
1959 (4) permitting a person to wear or use a device or covering that:
1960 (a) is exposed to view; and
1961 (b) simulates all or any portion of the human genitals, anus, pubic area, or female
1962 breast;
1963 (5) permitting a person to use an artificial device or inanimate object to depict an act
1964 prohibited by this section;
1965 (6) permitting a person to remain on premises or at an event who exposes to public
1966 view any portion of that person's:
1967 (a) genitals, pubic area, or anus; or
1968 (b) in the case of a female, the areola and nipple of the breast; or
1969 (7) showing a film, still picture, electronic reproduction, or other visual reproduction
1970 depicting:
1971 (a) an act or simulated act of:
1972 (i) sexual intercourse;
1973 (ii) masturbation;
1974 (iii) sodomy;
1975 (iv) bestiality;
1976 (v) oral copulation;
1977 (vi) flagellation; or
1978 (vii) a sexual act that is prohibited by Utah law;
1979 (b) a person being touched, caressed, or fondled on the breast, buttocks, anus, or
1980 genitals;
1981 (c) a scene wherein an artificial device or inanimate object is employed to depict, or a
1982 drawing is employed to portray, an act prohibited by this section; or
1983 (d) a scene wherein a person displays the genitals or anus.
1984 Section 33. Section 32B-1-505 is enacted to read:
1985 32B-1-505. Sexually oriented entertainer.
1986 (1) Subject to the requirements of this part, live entertainment is permitted on
1987 premises or at an event regulated by the commission.
1988 (2) Notwithstanding Subsection (1), a retail licensee or permittee may not permit a
1989 person to:
1990 (a) appear or perform in a state of nudity;
1991 (b) perform or simulate an act of:
1992 (i) sexual intercourse;
1993 (ii) masturbation;
1994 (iii) sodomy;
1995 (iv) bestiality;
1996 (v) oral copulation;
1997 (vi) flagellation; or
1998 (vii) a sexual act that is prohibited by Utah law; or
1999 (c) touch, caress, or fondle the breast, buttocks, anus, or genitals.
2000 (3) A sexually oriented entertainer may perform in a state of seminudity:
2001 (a) only in:
2002 (i) a tavern; or
2003 (ii) a social club license premises; and
2004 (b) only if:
2005 (i) the windows, doors, and other apertures to the premises are darkened or otherwise
2006 constructed to prevent anyone outside the premises from seeing the performance; and
2007 (ii) the outside entrance doors of the premises remain unlocked.
2008 (4) A sexually oriented entertainer may perform only upon a stage or in a designated
2009 performance area that is:
2010 (a) approved by the commission in accordance with rules made by the commission;
2011 (b) configured so as to preclude a patron from:
2012 (i) touching the sexually oriented entertainer; or
2013 (ii) placing any money or object on or within the performance attire or the person of
2014 the sexually oriented entertainer; and
2015 (c) configured so as to preclude the sexually oriented entertainer from touching a
2016 patron.
2017 (5) A sexually oriented entertainer may not touch a patron:
2018 (a) during the sexually oriented entertainer's performance; or
2019 (b) while the sexually oriented entertainer is dressed in performance attire.
2020 (6) A sexually oriented entertainer, while in the portion of the premises used by
2021 patrons, must be dressed in opaque clothing which covers and conceals the sexually oriented
2022 entertainer's performance attire from the top of the breast to the knee.
2023 (7) A patron may not be on the stage or in the performance area while a sexually
2024 oriented entertainer is appearing or performing on the stage or in the performance area.
2025 (8) A patron may not:
2026 (a) touch a sexually oriented entertainer:
2027 (i) during the sexually oriented entertainer's performance; or
2028 (ii) while the sexually oriented entertainer is dressed in performance attire; or
2029 (b) place money or any other object on or within the performance attire or the person
2030 of the sexually oriented entertainer.
2031 (9) A minor may not be on premises described in Subsection (3).
2032 (10) A person who appears or performs for the entertainment of patrons on premises or
2033 at an event regulated by the commission that is not a tavern or social club licensee:
2034 (a) may not appear or perform in a state of nudity or a state of seminudity; and
2035 (b) may appear or perform in opaque clothing that completely covers the person's
2036 genitals, pubic area, and anus if the covering:
2037 (i) is not less than the following at its widest point:
2038 (A) four inches coverage width in the front of the human body; and
2039 (B) five inches coverage width in the back of the human body;
2040 (ii) does not taper to less than one inch wide at the narrowest point; and
2041 (iii) if covering a female, completely covers the breast below the top of the areola.
2042 Section 34. Section 32B-1-506 is enacted to read:
2043 32B-1-506. Compliance -- Administrative enforcement.
2044 (1) A retail licensee, a permittee, and staff of a licensee or permittee shall comply with
2045 this part.
2046 (2) Failure to comply with this part may result in a disciplinary proceeding pursuant to
2047 Chapter 3, Disciplinary Actions and Enforcement Act, against:
2048 (a) a licensee or permittee;
2049 (b) staff of the licensee or permittee;
2050 (c) both a licensee and staff of the licensee; or
2051 (d) both a permittee and staff of the permittee.
2052 Section 35. Section 32B-1-601 is enacted to read:
2053
2054 32B-1-601. Title.
2055 This part is known as the "Malted Beverage Act."
2056 Section 36. Section 32B-1-602 is enacted to read:
2057 32B-1-602. Definitions.
2058 As used in this part:
2059 (1) "Malted beverage" means:
2060 (a) beer;
2061 (b) a flavored malt beverage; and
2062 (c) heavy beer.
2063 (2) "Packaging" means the outer packaging that is visible to a consumer such as a
2064 carton, case, or other wrapper of a package.
2065 Section 37. Section 32B-1-603 is enacted to read:
2066 32B-1-603. Power of the commission and department to classify flavored malt
2067 beverages.
2068 (1) The commission and department shall regulate a flavored malt beverage as liquor.
2069 (2) (a) The department shall make available to the public on the Internet a list of the
2070 flavored malt beverages authorized to be sold in this state as liquor.
2071 (b) The list described in Subsection (2)(a) shall be updated at least quarterly.
2072 (3) (a) A manufacturer shall file, under penalty of perjury, a report with the department
2073 listing each flavored malt beverage manufactured by the manufacturer that the manufacturer
2074 wants to distribute in this state subject to the manufacturer holding:
2075 (i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5,
2076 Brewery Manufacturing License; or
2077 (ii) a certificate of approval.
2078 (b) A manufacturer may not distribute or sell in this state a flavored malt beverage if
2079 the manufacturer does not list the flavored malt beverage in a filing with the department in
2080 accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
2081 (4) The department may require a manufacturer of a flavored malt beverage to provide
2082 the department with a copy of the following filed with the federal Alcohol and Tobacco Tax
2083 and Trade Bureau, pursuant to 27 C.F.R. Sec. 25.55:
2084 (a) a statement of process; or
2085 (b) a formula.
2086 (5) (a) A manufacturer of an alcoholic product that the department is classifying or
2087 proposes to classify as a flavored malt beverage may submit evidence to the department that
2088 its alcoholic product should not be treated as liquor under this section because the alcoholic
2089 product:
2090 (i) is obtained by fermentation, infusion, or decoction of a malted grain;
2091 (ii) is produced by processing, filtration, or another method of manufacture that is
2092 generally recognized as a traditional process in the production of beer as described in 27
2093 C.F.R. Sec. 25.55;
2094 (iii) does not have added to it a flavor or other ingredient containing alcohol, except
2095 for a hop extract; and
2096 (iv) (A) is not one for which the producer is required to file a formula for approval
2097 with the federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55;
2098 or
2099 (B) is exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
2100 (b) The department shall review the evidence submitted by the manufacturer under
2101 this Subsection (5).
2102 (c) The department shall make available to the public on the Internet a list of the
2103 alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
2104 (d) A decision of the department under this Subsection (5) may be appealed to the
2105 commission.
2106 Section 38. Section 32B-1-604 is enacted to read:
2107 32B-1-604. Requirements for labeling and packaging -- Authority of the
2108 commission and department.
2109 (1) A manufacturer may not distribute or sell a malted beverage:
2110 (a) unless the label and packaging of the malted beverage:
2111 (i) complies with the federal label requirements of 27 C.F.R. Parts 7, 13, and 16; and
2112 (ii) clearly gives notice to the public that the malted beverage is an alcoholic product;
2113 and
2114 (b) until the day on which the department in accordance with this title and rules of the
2115 commission approves the label and packaging of the malted beverage.
2116 (2) The department shall review the label and packaging of a malted beverage to
2117 ensure that the label and packaging meet the requirements of Subsection (1)(a).
2118 (3) A manufacturer may comply with the requirement of Subsection (1)(a)(ii) by
2119 including on a label and packaging for a malted beverage any of the following terms:
2120 (a) beer;
2121 (b) ale;
2122 (c) porter;
2123 (d) stout;
2124 (e) lager;
2125 (f) lager beer; or
2126 (g) another class or type designation commonly applied to a malted beverage that
2127 conveys by a recognized term that the product contains alcohol.
2128 Section 39. Section 32B-1-605 is enacted to read:
2129 32B-1-605. General procedure for approval.
2130 (1) To obtain approval of the label and packaging of a malted beverage, the
2131 manufacturer of the malted beverage shall submit an application to the department for
2132 approval.
2133 (2) The application described in Subsection (1) shall be on a form approved by the
2134 department and include the following:
2135 (a) a copy of a federal certificate of label approval from the Department of Treasury,
2136 Tax and Trade Bureau, for each brand and label for which the manufacturer is seeking
2137 approval;
2138 (b) a complete set of original labels for each size of package of the malted beverage;
2139 (c) a description of the size of the package on which a label will be placed;
2140 (d) a description of each type of package of the malted beverage; and
2141 (e) a description of any packaging for the malted beverage.
2142 (3) The department may assess a reasonable fee for reviewing a label and packaging
2143 for approval.
2144 (4) (a) The department shall notify a manufacturer within 30 days after the day on
2145 which the manufacturer submits an application whether the label and packaging is approved or
2146 denied.
2147 (b) If the department determines that an unusual circumstance requires additional
2148 time, the department may extend the time period described in Subsection (4)(a).
2149 (5) A manufacturer shall obtain the approval of the department of a revision of a
2150 previously approved label and packaging before a malted beverage using the revised label and
2151 packaging may be distributed or sold in this state.
2152 (6) (a) The department may revoke a label and packaging previously approved upon a
2153 finding that the label and packaging is not in compliance with this title or rules of the
2154 commission.
2155 (b) The department shall notify the person who applies for the approval of a label and
2156 packaging at least five business days before the day on which a label and packaging approval
2157 is considered revoked.
2158 (c) After receiving notice under Subsection (6)(b), a manufacturer may present written
2159 argument or evidence to the department on why the revocation should not occur.
2160 (7) A manufacturer that applies for approval of a label and packaging may appeal a
2161 denial or revocation of a label and packaging approval to the commission.
2162 Section 40. Section 32B-1-606 is enacted to read:
2163 32B-1-606. Special procedure for flavored malt beverages.
2164 (1) If a flavored malt beverage is labeled or packaged in a manner that is similar to a
2165 label or packaging used for a nonalcoholic beverage, a manufacturer of the flavored malt
2166 beverage may not distribute or sell the flavored malt beverage in this state until the day on
2167 which the manufacturer receives approval of the labeling and packaging from the department
2168 in accordance with:
2169 (a) Sections 32B-1-604 and 32B-1-605 ; and
2170 (b) this section.
2171 (2) The department may not approve the labeling and packaging of a flavored malt
2172 beverage described in Subsection (1) unless in addition to the requirements of Section
2173 32B-1-604 the labeling and packaging complies with the following:
2174 (a) The label on the flavored malt beverage shall bear a prominently displayed label or
2175 a firmly affixed sticker that provides the following information:
2176 (i) the statement:
2177 (A) "alcoholic beverage"; or
2178 (B) "contains alcohol"; and
2179 (ii) the alcohol content of the flavored malt beverage.
2180 (b) Packaging of a flavored malt beverage shall prominently include, either imprinted
2181 on the packaging or imprinted on a sticker firmly affixed to the packaging, the statement:
2182 (i) "alcoholic beverage"; or
2183 (ii) "contains alcohol".
2184 (c) A statement required by Subsection (2)(a) or (b) shall appear in a format required
2185 by rule made by the commission.
2186 (d) A statement of alcohol content required by Subsection (2)(a)(ii):
2187 (i) shall state the alcohol content as a percentage of alcohol by volume or by weight;
2188 (ii) may not use an abbreviation, but shall use the complete words "alcohol,"
2189 "volume," or "weight"; and
2190 (iii) shall be in a format required by rule made by the commission.
2191 (3) The department may reject a label or packaging that appears designed to obscure
2192 the information required by Subsection (2).
2193 (4) To determine whether a flavored malt beverage is described in Subsection (1) and
2194 subject to this section, the department may consider in addition to other factors one or more of
2195 the following factors:
2196 (a) whether the coloring, carbonation, and packaging of the flavored malt beverage:
2197 (i) is similar to those of a nonalcoholic beverage or product; or
2198 (ii) can be confused with a nonalcoholic beverage;
2199 (b) whether the flavored malt beverage possesses a character and flavor distinctive
2200 from a traditional malted beverage;
2201 (c) whether the flavored malt beverage:
2202 (i) is prepackaged;
2203 (ii) contains high levels of caffeine and other additives; and
2204 (iii) is marketed as a beverage that is specifically designed to provide energy;
2205 (d) whether the flavored malt beverage contains added sweetener or sugar substitutes;
2206 or
2207 (e) whether the flavored malt beverage contains an added fruit flavor or other flavor
2208 that masks the taste of a traditional malted beverage.
2209 Section 41. Section 32B-1-607 is enacted to read:
2210 32B-1-607. Rulemaking authority.
2211 The commission may adopt rules necessary to implement this part.
2212 Section 42. Section 32B-1-608 is enacted to read:
2213 32B-1-608. Disciplinary proceeding for violation.
2214 A person who violates this part is subject to a disciplinary proceeding under Chapter 3,
2215 Disciplinary Actions and Enforcement Act.
2216 Section 43. Section 32B-2-101 is enacted to read:
2217
2218
2219 32B-2-101. Title.
2220 This chapter is known as the "Alcoholic Beverage Control Administration Act."
2221 Section 44. Section 32B-2-102 is enacted to read:
2222 32B-2-102. Definitions.
2223 Reserved
2224 Section 45. Section 32B-2-201 is enacted to read:
2225
2226 32B-2-201. Alcoholic Beverage Control Commission created.
2227 (1) There is created the "Alcoholic Beverage Control Commission." The commission
2228 is the governing board over the department.
2229 (2) (a) The commission is composed of five part-time commissioners appointed by the
2230 governor with the consent of the Senate.
2231 (b) No more than three commissioners may be of the same political party.
2232 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
2233 governor shall appoint each new commissioner or reappointed commissioner to a four-year
2234 term.
2235 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2236 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
2237 more than two commissioners expire in a fiscal year.
2238 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
2239 appoint a replacement for the unexpired term with the consent of the Senate.
2240 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain
2241 on the commission after the expiration of a term until a successor is appointed by the
2242 governor, with the consent of the Senate.
2243 (5) A commissioner shall take the oath of office.
2244 (6) (a) The governor may remove a commissioner from the commission for cause after
2245 a public hearing conducted by:
2246 (i) the governor; or
2247 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
2248 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
2249 shall provide the commissioner notice of:
2250 (i) the date, time, and place of the hearing; and
2251 (ii) the alleged grounds for the removal.
2252 (c) The commissioner shall have an opportunity to:
2253 (i) attend the hearing;
2254 (ii) present witnesses and other evidence; and
2255 (iii) confront and cross examine witnesses.
2256 (d) After a hearing under this Subsection (6):
2257 (i) the person conducting the hearing shall prepare written findings of fact and
2258 conclusions of law; and
2259 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
2260 commissioner.
2261 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the
2262 hearing examiner shall issue a written recommendation to the governor in addition to
2263 complying with Subsection (6)(d).
2264 (f) A commissioner has five days from the day on which the commissioner receives
2265 the findings and conclusions described in Subsection (6)(d) to file written objections to the
2266 recommendation before the governor issues a final order.
2267 (g) The governor shall:
2268 (i) issue the final order under this Subsection (6) in writing; and
2269 (ii) serve the final order upon the commissioner.
2270 (7) (a) A commissioner may not receive compensation or benefits for the
2271 commissioner's service, but may receive per diem and expenses incurred in the performance of
2272 the commissioner's official duties at the rates established by the Division of Finance under
2273 Sections 63A-3-106 and 63A-3-107 .
2274 (b) A commissioner may decline to receive per diem and expenses for the
2275 commissioner's service.
2276 (8) (a) (i) The commission shall elect:
2277 (A) one commissioner to serve as chair;
2278 (B) another commissioner to serve as vice chair; and
2279 (C) other commission officers as the commission considers advisable.
2280 (ii) A commissioner shall serve in the office to which the commissioner is elected
2281 under Subsection (8)(a)(i) at the pleasure of the commission.
2282 (b) Each commissioner has equal voting rights on a commission matter when in
2283 attendance at a commission meeting.
2284 (c) Three commissioners is a quorum for conducting commission business.
2285 (d) A majority vote of the quorum present at a meeting is required for the commission
2286 to act.
2287 (9) (a) The commission shall meet at least monthly, but may hold other meetings at
2288 times and places as scheduled by:
2289 (i) the commission;
2290 (ii) the chair; or
2291 (iii) three commissioners upon filing a written request for a meeting with the chair.
2292 (b) Notice of the time and place of a commission meeting shall be given to each
2293 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
2294 Meetings Act. A commission meeting is open to the public, except for a commission meeting
2295 or portion of a commission meeting that is closed by the commission as authorized by
2296 Sections 52-4-204 and 52-4-205 .
2297 Section 46. Section 32B-2-202 is enacted to read:
2298 32B-2-202. Powers and duties of the commission.
2299 (1) The commission shall:
2300 (a) act as a general policymaking body on the subject of alcoholic product control;
2301 (b) adopt and issue policies, rules, and procedures;
2302 (c) set policy by written rules that establish criteria and procedures for:
2303 (i) issuing, denying, not renewing, suspending, or revoking a package agency, license,
2304 permit, or certificate of approval; and
2305 (ii) determining the location of a state store, package agency, or retail licensee;
2306 (d) decide within the limits, and under the conditions imposed by this title, the number
2307 and location of state stores, package agencies, and retail licensees in the state;
2308 (e) issue, deny, suspend, revoke, or not renew the following package agencies,
2309 licenses, permits, or certificates of approval for the purchase, storage, sale, offer for sale,
2310 furnishing, consumption, manufacture, and distribution of an alcoholic product:
2311 (i) a package agency;
2312 (ii) a full-service restaurant license;
2313 (iii) a limited-service restaurant license;
2314 (iv) a club license;
2315 (v) an airport lounge license;
2316 (vi) an on-premise banquet license;
2317 (vii) a resort license, under which four or more sublicenses may be included;
2318 (viii) an on-premise beer retailer license;
2319 (ix) a single event permit;
2320 (x) a temporary beer event permit;
2321 (xi) a special use permit;
2322 (xii) a manufacturing license;
2323 (xiii) a liquor warehousing license;
2324 (xiv) a beer wholesaling license; and
2325 (xv) an out-of-state brewer certificate of approval;
2326 (f) in accordance with Section 32B-5-205 , issue, deny, suspend, or revoke one of the
2327 following conditional licenses for the purchase, storage, sale, furnishing, consumption,
2328 manufacture, and distribution of an alcoholic product:
2329 (i) a conditional full-service restaurant license; or
2330 (ii) a conditional limited-service restaurant license;
2331 (g) prescribe the duties of the department in assisting the commission in issuing a
2332 package agency, license, permit, or certificate of approval under this title;
2333 (h) to the extent a fee is not specified in this title, establish a fee allowed under this
2334 title in accordance with Section 63J-1-504 ;
2335 (i) fix prices at which liquor is sold that are the same at all state stores, package
2336 agencies, and retail licensees;
2337 (j) issue and distribute price lists showing the price to be paid by a purchaser for each
2338 class, variety, or brand of liquor kept for sale by the department;
2339 (k) (i) require the director to follow sound management principles; and
2340 (ii) require periodic reporting from the director to ensure that:
2341 (A) sound management principles are being followed; and
2342 (B) policies established by the commission are being observed;
2343 (l) (i) receive, consider, and act in a timely manner upon the reports,
2344 recommendations, and matters submitted by the director to the commission; and
2345 (ii) do the things necessary to support the department in properly performing the
2346 department's duties;
2347 (m) obtain temporarily and for special purposes the services of an expert or person
2348 engaged in the practice of a profession, or a person who possesses a needed skill if:
2349 (i) considered expedient; and
2350 (ii) approved by the governor;
2351 (n) prescribe the conduct, management, and equipment of premises upon which an
2352 alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
2353 (o) make rules governing the credit terms of beer sales within the state to retail
2354 licensees; and
2355 (p) in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, take
2356 disciplinary action against a person subject to administrative action.
2357 (2) The power of the commission to do the following is plenary, except as otherwise
2358 provided by this title, and not subject to review:
2359 (a) establish a state store;
2360 (b) issue authority to act as a package agent or operate a package agency; and
2361 (c) issue or deny a license, permit, or certificate of approval.
2362 (3) If the commission is authorized or required to make a rule under this title, the
2363 commission shall make the rule in accordance with Title 63G, Chapter 3, Utah Administrative
2364 Rulemaking Act.
2365 Section 47. Section 32B-2-203 is enacted to read:
2366 32B-2-203. Department of Alcoholic Beverage Control created.
2367 (1) There is created the Department of Alcoholic Beverage Control. The department is
2368 governed by the commission.
2369 (2) The director of alcoholic beverage control appointed under Section 32B-2-205
2370 shall administer the department.
2371 (3) The director shall allocate the duties within the department into the divisions,
2372 bureaus, sections, offices, and committees as the director considers necessary for the
2373 administration of this title.
2374 (4) The department shall cooperate with any other recognized agency in the
2375 administration of this title and in the enforcement of a policy or rule of the commission or
2376 policy of the director.
2377 Section 48. Section 32B-2-204 is enacted to read:
2378 32B-2-204. Powers and duties of the department -- Immunity.
2379 (1) The department shall control liquor merchandise inventory including:
2380 (a) listing and delisting a product;
2381 (b) the procedures for testing a new product;
2382 (c) purchasing policy;
2383 (d) turnover requirements for a regularly coded product to be continued; and
2384 (e) the disposition of discontinued, distressed, or unsaleable merchandise.
2385 (2) (a) The department shall report to the governor on the administration of this title:
2386 (i) as the governor may require; and
2387 (ii) annually by no later than November 30, for the fiscal year ending June 30 of the
2388 year in which the report is made.
2389 (b) A report under this Subsection (2) shall contain:
2390 (i) a statement of the nature and amount of the business transacted by the department
2391 during the year;
2392 (ii) a statement of the department's assets and liabilities including a profit and loss
2393 account, and other accounts and matters necessary to show the results of operations of the
2394 department for the year;
2395 (iii) general information on the application of this title in the state; and
2396 (iv) any other information requested by the governor.
2397 (c) The department shall submit a copy of a report described in this Subsection (2) to
2398 the Legislature.
2399 (3) The department shall maintain insurance against loss on each motor vehicle
2400 operated by it on any public highway. A motor vehicle shall be covered for:
2401 (a) liability imposed by law upon the department for damages from bodily injuries
2402 suffered by one or more persons by reason of the ownership, maintenance, or use of the motor
2403 vehicle; and
2404 (b) liability or loss from damage to or destruction of property of any description,
2405 including liability of the department for the resultant loss of use of the property, which results
2406 from accident due to the ownership, maintenance, or use of the motor vehicle.
2407 (4) (a) The department may sue, be sued, and defend in a proceeding, in a court of law
2408 or otherwise, in the name of the department.
2409 (b) An action may not be taken:
2410 (i) against the commission; or
2411 (ii) in the name of a commissioner.
2412 (5) The department is liable to respond in damages in a case if a private corporation
2413 under the same circumstances would be liable.
2414 (6) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies in an action
2415 commenced against the department for damages sustained as a result of department
2416 ownership, maintenance, or use of a motor vehicle under Subsections (4) and (5).
2417 (b) In an action described in Subsection (6)(a), the commission and each
2418 commissioner are immune from suit.
2419 Section 49. Section 32B-2-205 is enacted to read:
2420 32B-2-205. Director of alcoholic beverage control.
2421 (1) (a) The commission by a vote of four of the five commissioners, and with the
2422 approval of the governor, shall appoint a director of alcoholic beverage control who is the
2423 administrative head of the department.
2424 (b) The director serves at the pleasure of the commission, except that the director may
2425 only be removed from office by a vote of four commissioners.
2426 (c) The director may not be a commissioner.
2427 (d) The director shall:
2428 (i) be qualified in administration;
2429 (ii) be knowledgeable by experience and training in the field of business management;
2430 and
2431 (iii) possess any other qualification prescribed by the commission.
2432 (2) The governor shall establish the director's compensation within the salary range
2433 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2434 (3) The director shall:
2435 (a) carry out the policies of the commission;
2436 (b) carry out the policies of the department;
2437 (c) fully inform the commission of the operations and administrative activities of the
2438 department; and
2439 (d) assist the commission in the proper discharge of the commission's duties.
2440 Section 50. Section 32B-2-206 is enacted to read:
2441 32B-2-206. Powers and duties of the director.
2442 Subject to the powers and responsibilities of the commission under this title, the
2443 director:
2444 (1) (a) shall prepare and propose to the commission general policies, rules, and
2445 procedures governing the administrative activities of the department; and
2446 (b) may submit other recommendations to the commission as the director considers in
2447 the interest of the commission's or the department's business;
2448 (2) within the general policies, rules, and procedures of the commission, shall:
2449 (a) provide day-to-day direction, coordination, and delegation of responsibilities in the
2450 administrative activities of the department's business; and
2451 (b) make internal department policies and procedures relating to:
2452 (i) department personnel matters; and
2453 (ii) the day-to-day operation of the department;
2454 (3) subject to Section 32B-2-207 , shall appoint or employ personnel as considered
2455 necessary in the administration of this title, and with regard to the personnel shall:
2456 (a) prescribe the conditions of employment;
2457 (b) define the respective duties and powers;
2458 (c) fix the remuneration in accordance with Title 67, Chapter 19, Utah State Personnel
2459 Management Act;
2460 (d) designate those employees required to give a bond; and
2461 (e) specify the bond amounts;
2462 (4) shall establish and secure adherence to a system of reports, controls, and
2463 performance in matters relating to personnel, security, department property management, and
2464 operation of:
2465 (a) a department office;
2466 (b) a warehouse;
2467 (c) a state store; and
2468 (d) a package agency;
2469 (5) within the policies, rules, and procedures approved by the commission and
2470 provisions of law, shall purchase, store, keep for sale, sell, import, and control the storage,
2471 sale, furnishing, transportation, or delivery of an alcoholic product;
2472 (6) shall prepare for commission approval:
2473 (a) recommendations regarding the location, establishment, relocation, and closure of
2474 a state store or package agency;
2475 (b) recommendations regarding the issuance, denial, nonrenewl, suspension, or
2476 revocation of a license, permit, or certificate of approval;
2477 (c) an annual budget, proposed legislation, and reports as required by law and sound
2478 business principles;
2479 (d) plans for reorganizing divisions of the department and the functions of the
2480 divisions;
2481 (e) manuals containing commission and department policies, rules, and procedures;
2482 (f) an inventory control system;
2483 (g) any other report or recommendation requested by the commission;
2484 (h) rules described in Subsection 32B-2-202 (1)(o) governing the credit terms of the
2485 sale of beer;
2486 (i) rules governing the calibration, maintenance, and regulation of a calibrated metered
2487 dispensing system;
2488 (j) rules governing the display of a list of types and brand names of liquor furnished
2489 through a calibrated metered dispensing system;
2490 (k) price lists issued and distributed showing the price to be paid for each class,
2491 variety, or brand of liquor kept for sale at a state store, package agency, or retail licensee;
2492 (l) policies or rules prescribing the books of account maintained by the department
2493 and by a state store, package agency, or retail licensee; and
2494 (m) a policy prescribing the manner of giving and serving a notice required by this
2495 title or rules made under this title;
2496 (7) shall make available through the department to any person, upon request, a copy of
2497 a policy made by the director;
2498 (8) shall make and maintain a current copy of a manual that contains the rules and
2499 policies of the commission and department available for public inspection;
2500 (9) (a) after consultation with the governor, shall determine whether an alcoholic
2501 product should not be sold, offered for sale, or otherwise furnished in an area of the state
2502 during a period of emergency that is proclaimed by the governor to exist in that area; and
2503 (b) shall issue a necessary public announcement or policy with respect to the
2504 determination described in Subsection (9)(a); and
2505 (10) shall perform any other duty required by the commission or by law.
2506 Section 51. Section 32B-2-207 is enacted to read:
2507 32B-2-207. Department employees -- Requirements.
2508 (1) Subject to this title, including the requirements of Chapter 1, Part 3, Qualifications
2509 and Background, the director may prescribe the qualifications of a department employee.
2510 (2) (a) A person who seeks employment with the department shall file with the
2511 department an application under oath or affirmation in a form prescribed by the commission.
2512 (b) Upon receiving an application, the department shall determine whether the
2513 individual is:
2514 (i) of good moral character; and
2515 (ii) qualified for the position sought.
2516 (c) The department shall select an individual for employment or advancement with the
2517 department in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
2518 (3) The following are not considered a department employee:
2519 (a) a package agent;
2520 (b) a licensee;
2521 (c) a staff member of a package agent; or
2522 (d) staff of a licensee.
2523 (4) The department may not employ a minor to:
2524 (a) work in:
2525 (i) a state store; or
2526 (ii) a department warehouse; or
2527 (b) engage in an activity involving the handling of an alcoholic product.
2528 Section 52. Section 32B-2-208 is enacted to read:
2529 32B-2-208. Services of State Health Laboratory.
2530 The State Health Laboratory shall make its services available to the department when
2531 necessary. The department shall pay for the services from the Liquor Control Fund to the
2532 Department of Health.
2533 Section 53. Section 32B-2-301 is enacted to read:
2534
2535 32B-2-301. State property -- Liquor Control Fund.
2536 (1) The following are property of the state:
2537 (a) the money received by the department in the administration of this title, except as
2538 otherwise provided; and
2539 (b) property acquired, administered, possessed, or received by the department.
2540 (2) (a) There is created an enterprise fund known as the "Liquor Control Fund."
2541 (b) Except as provided in Section 32B-3-205 , money received in the administration of
2542 this title shall be paid to the department and transferred to the Liquor Control Fund.
2543 (c) The state treasurer shall by warrant draw from the Liquor Control Fund the
2544 expenses, debts, and liabilities incurred by the department in connection with the
2545 administration of this title or any other expense necessary for the administration of this title,
2546 including:
2547 (i) salaries;
2548 (ii) premiums, if any, on a bond for which the department pays premiums; and
2549 (iii) an expenditure incurred in establishing, operating, or maintaining a state store or
2550 package agency.
2551 (d) The department shall transfer annually from the Liquor Control Fund to the
2552 General Fund a sum equal to the amount of net profit earned from the sale of liquor since the
2553 preceding transfer of money under this Subsection (2)(d). The transfer shall be made by no
2554 later than September 30 after a fiscal year.
2555 (3) (a) By the end of each day, the department shall:
2556 (i) make a deposit to a qualified depository, as defined in Section 51-7-3 ; and
2557 (ii) report the deposit to the state treasurer.
2558 (b) A commissioner or department employee is not personally liable for a loss caused
2559 by the default or failure of a qualified depository.
2560 (c) Money deposited in a qualified depository is entitled to the same priority of
2561 payment as other public funds of the state.
2562 (4) If the cash balance of the Liquor Control Fund is not adequate to cover a warrant
2563 drawn against the Liquor Control Fund by the state treasurer, the cash resources of the General
2564 Fund may be used to the extent necessary. At no time may the fund equity of the Liquor
2565 Control Fund fall below zero.
2566 Section 54. Section 32B-2-302 is enacted to read:
2567 32B-2-302. Exempt from Division of Finance -- Annual audits.
2568 (1) The laws that govern the Division of Finance are not applicable to the department
2569 in the purchase and sale of an alcoholic product.
2570 (2) (a) The state auditor, or a person appointed by the state auditor, shall annually
2571 audit the department's accounts.
2572 (b) If an audit is conducted by a person appointed by the state auditor, the person shall
2573 make the audit report to the state auditor.
2574 (c) The state auditor shall submit a copy of an audit report to the Legislature by no
2575 later than the January 1 following the close of the fiscal year for which the audit report is
2576 made.
2577 Section 55. Section 32B-2-303 is enacted to read:
2578 32B-2-303. Purchase of liquor.
2579 (1) The department may not purchase or stock spirituous liquor in a package smaller
2580 than 200 milliliters, except as otherwise allowed by the commission.
2581 (2) (a) An order by the department for the purchase of liquor, or a cancellation by the
2582 department of an order of liquor:
2583 (i) shall be executed in writing by the department; and
2584 (ii) is not valid or binding unless executed in writing.
2585 (b) The department shall maintain a copy of an order or cancellation on file for at least
2586 three years.
2587 (c) An electronic record satisfies Subsections (2)(a) and (b) pursuant to Title 46,
2588 Chapter 4, Uniform Electronic Transactions Act.
2589 Section 56. Section 32B-2-304 is enacted to read:
2590 32B-2-304. Liquor prices -- School lunch program.
2591 (1) For purposes of this section:
2592 (a) (i) "Landed case cost" means:
2593 (A) the cost of the product; and
2594 (B) inbound shipping costs incurred by the department.
2595 (ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
2596 of the department to a state store.
2597 (b) "Proof gallon" has the same meaning as in 26 U.S.C. Sec. 5002.
2598 (c) Notwithstanding Section 32B-1-102 , "small brewer" means a brewer who
2599 manufactures in a calendar year less than 40,000 barrels of beer, heavy beer, and flavored malt
2600 beverage.
2601 (2) Except as provided in Subsection (3):
2602 (a) spirituous liquor sold by the department within the state shall be marked up in an
2603 amount not less than 86% above the landed case cost to the department;
2604 (b) wine sold by the department within the state shall be marked up in an amount not
2605 less than 86% above the landed case cost to the department;
2606 (c) heavy beer sold by the department within the state shall be marked up in an
2607 amount not less than 64.5% above the landed case cost to the department; and
2608 (d) a flavored malt beverage sold by the department within the state shall be marked
2609 up in an amount not less than 86% above the landed case cost to the department.
2610 (3) (a) Liquor sold by the department to a military installation in Utah shall be marked
2611 up in an amount not less than 15% above the landed case cost to the department.
2612 (b) Except for spirituous liquor sold by the department to a military installation in
2613 Utah, spirituous liquor that is sold by the department within the state shall be marked up 47%
2614 above the landed case cost to the department if:
2615 (i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
2616 proof gallons of spirituous liquor in a calendar year; and
2617 (ii) the manufacturer applies to the department for a reduced markup.
2618 (c) Except for wine sold by the department to a military installation in Utah, wine that
2619 is sold by the department within the state shall be marked up 47% above the landed case cost
2620 to the department if:
2621 (i) the wine is manufactured by a manufacturer producing less than 20,000 gallons of
2622 wine in a calendar year; and
2623 (ii) the manufacturer applies to the department for a reduced markup.
2624 (d) Except for heavy beer sold by the department to a military installation in Utah,
2625 heavy beer that is sold by the department within the state shall be marked up 30% above the
2626 landed case cost to the department if:
2627 (i) a small brewer manufactures the heavy beer; and
2628 (ii) the small brewer applies to the department for a reduced markup.
2629 (e) The department shall verify an amount described in Subsection (3)(b) or (c)
2630 pursuant to a federal or other verifiable production report.
2631 (4) The department shall deposit 10% of the total gross revenue from sales of liquor
2632 with the state treasurer to be credited to the Uniform School Fund and used to support the
2633 school lunch program administered by the State Board of Education under Section
2634 53A-19-201 .
2635 (5) This section does not prohibit the department from selling discontinued items at a
2636 discount.
2637 Section 57. Section 32B-2-401 is enacted to read:
2638
2639 32B-2-401. Title.
2640 This part is known as the "Alcoholic Beverage Enforcement and Treatment Restricted
2641 Account Act."
2642 Section 58. Section 32B-2-402 is enacted to read:
2643 32B-2-402. Definitions -- Calculations.
2644 (1) As used in this part:
2645 (a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
2646 Account created in Section 32B-2-403 .
2647 (b) "Alcohol-related offense" means:
2648 (i) a violation of:
2649 (A) Section 41-6a-502 ; or
2650 (B) an ordinance that complies with the requirements of:
2651 (I) Subsection 41-6a-510 (1); or
2652 (II) Section 76-5-207 ; or
2653 (ii) an offense involving the illegal:
2654 (A) sale of an alcoholic product;
2655 (B) consumption of an alcoholic product;
2656 (C) distribution of an alcoholic product;
2657 (D) transportation of an alcoholic product; or
2658 (E) possession of an alcoholic product.
2659 (c) "Annual conviction time period" means the time period that:
2660 (i) begins on July 1 and ends on June 30; and
2661 (ii) immediately precedes the fiscal year for which an appropriation under this part is
2662 made.
2663 (d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
2664 Coordinating Council created in Section 63M-7-301 .
2665 (e) "Municipality" means:
2666 (i) a city; or
2667 (ii) a town.
2668 (2) For purposes of this part, the number of state stores, package agencies, and retail
2669 licensees located within the limits of a municipality or county:
2670 (a) is the number determined by the department to be so located;
2671 (b) includes the aggregate number of premises of the following:
2672 (i) a state store;
2673 (ii) a package agency; and
2674 (iii) a retail licensee, except for an on-premise beer retailer; and
2675 (c) for a county, consists only of the number located within an unincorporated area of
2676 the county.
2677 (3) The department shall determine:
2678 (a) a population figure according to the most current population estimate prepared by
2679 the Utah Population Estimates Committee;
2680 (b) a county's population for the 25% distribution to municipalities and counties under
2681 Subsection 32B-2-404 (1)(b)(i) only with reference to the population in the unincorporated
2682 areas of the county; and
2683 (c) a county's population for the 25% distribution to counties under Subsection
2684 32B-2-404 (1)(b)(iv) only with reference to the total population in the county, including that of
2685 a municipality.
2686 (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
2687 offense to judgment.
2688 (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
2689 the municipality or county that, except for the guilty plea, would have prosecuted the offense.
2690 Section 59. Section 32B-2-403 is enacted to read:
2691 32B-2-403. Alcoholic Beverage Enforcement and Treatment Restricted Account
2692 created.
2693 (1) (a) There is created in the General Fund a restricted account known as the
2694 "Alcoholic Beverage Enforcement and Treatment Restricted Account."
2695 (b) The account is funded from:
2696 (i) money deposited by the state treasurer in accordance with Section 59-15-109 ;
2697 (ii) appropriations made to the account by the Legislature; and
2698 (iii) interest described in Subsection (1)(c).
2699 (c) Interest earned on the account shall be deposited into the account.
2700 (2) (a) Consistent with the policies provided in Subsection 32B-1-103 (4)(b), money in
2701 the account shall be used for statewide public purposes, including promoting the reduction of
2702 the harmful effects of over consumption of alcoholic products by an adult and alcohol
2703 consumption by minors, by exclusively funding programs or projects related to prevention,
2704 treatment, detection, prosecution, and control of violations of this title and other offenses in
2705 which alcohol is a contributing factor except as provided in Subsection (2)(b).
2706 (b) The portion distributed under this part to a county may also be used for the
2707 confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
2708 contributing factor.
2709 (c) A municipality or county entitled to receive money shall use the money exclusively
2710 as required by this Subsection (2).
2711 (3) The appropriations provided for under Section 32B-2-404 are:
2712 (a) intended to supplement the budget of the appropriate agencies of each municipality
2713 and county within the state to enable the municipalities and counties to more effectively fund
2714 the programs and projects described in Subsection (2); and
2715 (b) not intended to replace money that would otherwise be allocated for the programs
2716 and projects in Subsection (2).
2717 Section 60. Section 32B-2-404 is enacted to read:
2718 32B-2-404. Alcoholic Beverage Enforcement and Treatment Restricted Account
2719 distribution.
2720 (1) (a) The money deposited into the account under Section 32B-2-403 shall be
2721 distributed to municipalities and counties:
2722 (i) to the extent appropriated by the Legislature, except that the Legislature shall
2723 appropriate each fiscal year an amount equal to at least the amount deposited in the account in
2724 accordance with Section 59-15-109 ; and
2725 (ii) as provided in this Subsection (1).
2726 (b) The amount appropriated from the account shall be distributed as follows:
2727 (i) 25% to municipalities and counties on the basis of the percentage of the state
2728 population residing in each municipality and county;
2729 (ii) 30% to municipalities and counties on the basis of each municipality's and
2730 county's percentage of the statewide convictions for all alcohol-related offenses;
2731 (iii) 20% to municipalities and counties on the basis of the percentage of the state
2732 stores, package agencies, liquor licensees, and beer licensees in the state that are located in
2733 each municipality and county; and
2734 (iv) 25% to the counties for confinement and treatment purposes authorized by this
2735 part on the basis of the percentage of the state population located in each county.
2736 (c) (i) Except as provided in Subsection (1)(c)(ii), if a municipality does not have a
2737 law enforcement agency:
2738 (A) the municipality may not receive money under this part; and
2739 (B) the State Tax Commission:
2740 (I) may not distribute the money the municipality would receive but for the
2741 municipality not having a law enforcement agency to that municipality; and
2742 (II) shall distribute the money that the municipality would have received but for it not
2743 having a law enforcement agency to the county in which the municipality is located for use by
2744 the county in accordance with this part.
2745 (ii) If the coordinating council finds that a municipality described in Subsection
2746 (1)(c)(i) demonstrates that the municipality can use the money that the municipality is
2747 otherwise eligible to receive in accordance with this part, the coordinating council may direct
2748 the State Tax Commission to distribute the money to the municipality.
2749 (2) To determine the distribution required by Subsection (1)(b)(ii), the State Tax
2750 Commission shall annually:
2751 (a) for an annual conviction time period:
2752 (i) multiply by two the total number of convictions in the state obtained during the
2753 annual conviction time period for violation of:
2754 (A) Section 41-6a-502 ; or
2755 (B) an ordinance that complies with the requirements of Subsection 41-6a-510 (1) or
2756 Section 76-5-207 ; and
2757 (ii) add to the number calculated under Subsection (2)(a)(i) the number of convictions
2758 obtained during the annual conviction time period for the alcohol-related offenses other than
2759 the alcohol-related offenses described in Subsection (2)(a)(i);
2760 (b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
2761 obtained in Subsection (2)(a); and
2762 (c) multiply the amount calculated under Subsection (2)(b), by the number of
2763 convictions obtained in each municipality and county during the annual conviction time
2764 period for alcohol-related offenses.
2765 (3) By not later than September 1 each year:
2766 (a) the state court administrator shall certify to the State Tax Commission the number
2767 of convictions obtained for alcohol-related offenses in each municipality or county in the state
2768 during the annual conviction time period; and
2769 (b) the coordinating council shall notify the State Tax Commission of any
2770 municipality that does not have a law enforcement agency.
2771 (4) By not later than December 1 of each year, the coordinating council shall notify
2772 the State Tax Commission for the fiscal year of appropriation of:
2773 (a) a municipality that may receive a distribution under Subsection (1)(c)(ii);
2774 (b) a county that may receive a distribution allocated to a municipality described in
2775 Subsection (1)(c)(i);
2776 (c) a municipality or county that may not receive a distribution because the
2777 coordinating council has suspended the payment under Subsection 32B-2-405 (2)(a); and
2778 (d) a municipality or county that receives a distribution because the suspension of
2779 payment has been cancelled under Subsection 32B-2-405 (2).
2780 (5) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
2781 Commission shall annually distribute to each municipality and county the portion of the
2782 appropriation that the municipality or county is eligible to receive under this part, except for
2783 any municipality or county that the coordinating council notifies the State Tax Commission in
2784 accordance with Subsection (4) may not receive a distribution in that fiscal year.
2785 (b) (i) The State Tax Commission shall prepare forms for use by a municipality or
2786 county in applying for a distribution under this part.
2787 (ii) A form described in this Subsection (5) may require the submission of information
2788 the State Tax Commission considers necessary to enable the State Tax Commission to comply
2789 with this part.
2790 Section 61. Section 32B-2-405 is enacted to read:
2791 32B-2-405. Reporting by municipalities and counties -- Grants.
2792 (1) A municipality or county that receives money under this part during a fiscal year
2793 shall by no later than October 1 following the fiscal year:
2794 (a) report to the coordinating council:
2795 (i) the programs or projects of the municipality or county that receive money under
2796 this part;
2797 (ii) if the money for programs or projects were exclusively used as required by
2798 Subsection 32B-2-403 (2);
2799 (iii) indicators of whether the programs or projects that receive money under this part
2800 are effective; and
2801 (iv) if money received under this part was not expended by the municipality or county;
2802 and
2803 (b) provide the coordinating council a statement signed by the chief executive officer
2804 of the county or municipality attesting that the money received under this part was used in
2805 addition to money appropriated or otherwise available for the county's or municipality's law
2806 enforcement and was not used to supplant that money.
2807 (2) The coordinating council may, by a majority vote:
2808 (a) suspend future payments under Subsection 32B-2-404 (4) to a municipality or
2809 county that:
2810 (i) does not file a report that meets the requirements of Subsection (1); or
2811 (ii) the coordinating council finds does not use the money as required by Subsection
2812 32B-2-403 (2) on the basis of the report filed by the municipality or county under Subsection
2813 (1); and
2814 (b) cancel a suspension under Subsection (2)(a).
2815 (3) The State Tax Commission shall:
2816 (a) retain money that a municipality or county does not receive under Subsection
2817 (2)(a); and
2818 (b) notify the coordinating council of the balance of retained money under this
2819 Subsection (3) after the annual distribution under Subsection 32B-2-404 (5).
2820 (4) (a) Subject to the requirements of this Subsection (4), the coordinating council
2821 shall award the balance of retained money under Subsection (3):
2822 (i) as prioritized by majority vote of the coordinating council; and
2823 (ii) as grants to:
2824 (A) a county;
2825 (B) a municipality;
2826 (C) the department;
2827 (D) the Department of Human Services;
2828 (E) the Department of Public Safety; or
2829 (F) the Utah State Office of Education.
2830 (b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
2831 council shall notify the State Tax Commission of grants awarded under this Subsection (4).
2832 (c) The State Tax Commission shall make payments of a grant:
2833 (i) upon receiving notice as provided under Subsection (4)(b); and
2834 (ii) by not later than June 30 of the fiscal year of the appropriation.
2835 (d) An entity that receives a grant under this Subsection (4) shall use the grant money
2836 exclusively for programs or projects described in Subsection 32B-2-403 (2).
2837 Section 62. Section 32B-2-501 is enacted to read:
2838
2839 32B-2-501. Commission's power to establish a state store.
2840 (1) The commission may establish state stores in the numbers and at places, owned or
2841 leased by the department, that the commission considers proper for the sale of liquor by
2842 employees of the state, in accordance with this title and the rules made under this title.
2843 (2) The commission may not establish a total number of state stores that at any time
2844 exceeds the number determined by dividing the population of the state by 48,000.
2845 (3) The commission may not establish a state store at premises that do not meet the
2846 proximity requirements of Section 32B-1-202 .
2847 (4) An employee of a state store is considered a department employee and shall meet
2848 the qualification requirements for employment in Sections 32B-1-303 and 32B-2-207 .
2849 Section 63. Section 32B-2-502 is enacted to read:
2850 32B-2-502. Commission and department duties before establishing a state store.
2851 (1) (a) Before the commission may establish a state store, the department shall conduct
2852 an investigation and may hold public hearings to gather information and make
2853 recommendations to the commission to assure appropriate service to the general population of
2854 the state.
2855 (b) The department shall forward the information and recommendations described in
2856 Subsection (1)(a) to the commission to aid in the commission's determination.
2857 (2) Before establishing a state store, the commission shall:
2858 (a) determine that the local authority of the locality where the state store will be
2859 located is consulted;
2860 (b) determine that the state store complies with the zoning ordinances of the locality
2861 where the state store will be located;
2862 (c) consider the locality within which the proposed state store will be located
2863 including:
2864 (i) economic factors, such as:
2865 (A) bid price;
2866 (B) lease terms;
2867 (C) operating costs; and
2868 (D) local taxes;
2869 (ii) physical characteristics, such as:
2870 (A) condition of the premises;
2871 (B) space availability;
2872 (C) parking;
2873 (D) common areas;
2874 (E) conformance to building and safety codes;
2875 (F) delivery access; and
2876 (G) expandability; and
2877 (iii) operational factors, such as:
2878 (A) tourist traffic;
2879 (B) access to the public;
2880 (C) demographics;
2881 (D) population to be served;
2882 (E) the nature of surrounding establishments;
2883 (F) proximity to and density of other state stores, package agencies, and retail
2884 licensees;
2885 (G) proximity to residential communities; and
2886 (H) proximity to educational, religious, and recreational facilities; and
2887 (d) consider any other factor the commission considers necessary.
2888 Section 64. Section 32B-2-503 is enacted to read:
2889 32B-2-503. Operational requirements for a state store.
2890 (1) A state store shall display in a prominent place in the store a sign in large letters
2891 stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is
2892 prosecuted aggressively in Utah."
2893 (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by
2894 the commission.
2895 (3) A state store may not sell, offer for sale, or furnish liquor to:
2896 (a) a minor;
2897 (b) a person actually, apparently, or obviously intoxicated;
2898 (c) a known interdicted person; or
2899 (d) a known habitual drunkard.
2900 (4) (a) A state store employee may not:
2901 (i) consume an alcoholic product on the premises of a state store; or
2902 (ii) allow any person to consume an alcoholic product on the premises of a state store.
2903 (b) A violation of this Subsection (4) is a class B misdemeanor.
2904 (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
2905 store, and a state store may not be kept open for the sale of liquor:
2906 (i) on Sunday; or
2907 (ii) on a state or federal legal holiday.
2908 (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
2909 a state store may be open for the sale of liquor, only on a day and during hours that the
2910 commission directs by rule or order.
2911 (6) (a) A minor may not be admitted into, or be on the premises of a state store unless
2912 accompanied by a person who is:
2913 (i) 21 years of age or older; and
2914 (ii) the minor's parent, legal guardian, or spouse.
2915 (b) A state store employee that has reason to believe that a person who is on the
2916 premises of a state store is under the age of 21 and is not accompanied by a person described
2917 in Subsection (6)(a) may:
2918 (i) ask the suspected minor for proof of age;
2919 (ii) ask the person who accompanies the suspected minor for proof of age; and
2920 (iii) ask the suspected minor or the person who accompanies the suspected minor for
2921 proof of parental, guardianship, or spousal relationship.
2922 (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
2923 person who accompanies the suspected minor into the state store if the suspected minor or
2924 person fails to provide information specified in Subsection (6)(b).
2925 (d) A state store employee shall require a suspected minor and the person who
2926 accompanies the suspected minor into the state store to immediately leave the premises of the
2927 state store if the suspected minor or person fails to provide information specified in Subsection
2928 (6)(b).
2929 (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
2930 package.
2931 (b) A person may not open a sealed package on the premises of a state store.
2932 Section 65. Section 32B-2-504 is enacted to read:
2933 32B-2-504. Delivery of liquor to state store.
2934 (1) Liquor to be sold from a state store may be transported from a warehouse
2935 authorized by the department to the state store if transported by a person authorized by the
2936 department to transport the liquor to the state store, including a common carrier.
2937 (2) A person, while in or about a vehicle in which liquor is being transported, may not
2938 open, break, or allow to be opened or broken, a package containing liquor.
2939 (3) A person may not drink, use, or allow to be drunk or used, liquor while it is in
2940 transit under this section.
2941 Section 66. Section 32B-2-601 is enacted to read:
2942
2943 32B-2-601. Commission's power to issue package agency.
2944 (1) (a) The commission may, when the commission considers proper, issue authority
2945 to operate as a package agency by directing the department to enter into a package agency
2946 agreement with a person to sell, offer for sale, or furnish liquor in sealed packages from
2947 premises other than those owned or leased by the state.
2948 (b) The commission shall authorize a person to operate a package agency by issuing a
2949 record that designates the person in charge of the package agency as a "package agent."
2950 (2) (a) Subject to this Subsection (2), the commission may not issue a total number of
2951 package agencies that at any time exceeds the number determined by dividing the population
2952 of the state by 18,000.
2953 (b) (i) The commission may issue a seasonal package agency in an area the
2954 commission considers proper.
2955 (ii) A seasonal package agency shall be for a period of six consecutive months.
2956 (iii) A seasonal package agency issued for operation during a summer time period is
2957 known as a "Seasonal A" package agency. The period of operation for a Seasonal A package
2958 agency shall:
2959 (A) begin on May 1; and
2960 (B) end on October 31.
2961 (iv) A seasonal package agency issued for operation during a winter time period is
2962 known as a "Seasonal B" package agency. The period of operation for a Seasonal B package
2963 agency shall:
2964 (A) begin on November 1; and
2965 (B) end on April 30.
2966 (v) In determining the number of package agencies that the commission may issue
2967 under this section:
2968 (A) a seasonal package agency is counted as one-half of one package agency; and
2969 (B) each Seasonal A package agency shall be paired with a Seasonal B package
2970 agency.
2971 (c) (i) If the location, design, and construction of a hotel may require more than one
2972 package agency sales location to serve the public convenience, the commission may authorize
2973 a single package agent to sell liquor at as many as three locations within the hotel under one
2974 package agency if:
2975 (A) the hotel has a minimum of 150 guest rooms; and
2976 (B) all locations under the package agency are:
2977 (I) within the same hotel; and
2978 (II) on premises that are managed or operated, and owned or leased, by the package
2979 agent.
2980 (ii) A facility other than a hotel shall have a separate package agency for each location
2981 where liquor may be sold, offered for sale, or furnished.
2982 (3) (a) A package agent, under the direction of the department, is responsible for
2983 implementing and enforcing this title and the rules adopted under this title to the extent this
2984 title and the rules relate to the conduct of the package agency and a package agency's sale of
2985 liquor.
2986 (b) A package agent may not be a state employee. A package agent may not be
2987 construed to be a state employee or otherwise entitled to any benefit of employment from the
2988 state.
2989 (c) A package agent, when selling liquor from a package agency, is considered an
2990 agent of the state only to the extent specifically expressed in the package agency agreement.
2991 (4) The commission may prescribe by rule one or more types of package agencies
2992 issued under this part that are consistent with this title.
2993 Section 67. Section 32B-2-602 is enacted to read:
2994 32B-2-602. Application requirements for a package agency.
2995 (1) Before a person may store, sell, offer for sale, or furnish liquor in a sealed package
2996 on its premises under a package agency, the person shall first obtain a package agency issued
2997 by the commission in accordance with this part.
2998 (2) To obtain a package agency, a person seeking to be the package agent under this
2999 part shall submit to the department:
3000 (a) a written application in a form prescribed by the department;
3001 (b) a nonrefundable application fee of $100;
3002 (c) written consent of the local authority;
3003 (d) evidence of proximity to any community location, with proximity requirements
3004 being governed by Section 32B-1-202 ;
3005 (e) a bond as specified by Section 32B-2-604 ;
3006 (f) a floor plan of the premises, including a description and highlighting of that part of
3007 the premises in which the person proposes that the package agency be located;
3008 (g) evidence that the package agency is carrying public liability insurance in an
3009 amount and form satisfactory to the department;
3010 (h) a signed consent form stating that the package agent permits any authorized
3011 representative of the commission, department, or any law enforcement officer to have
3012 unrestricted right to enter the premises of the package agency;
3013 (i) if the person applying is an entity, verification that a person who signs the package
3014 agency application is authorized to sign on behalf of the entity; and
3015 (j) any other information the commission or department may require.
3016 (3) The commission may not issue a package agency to a person who is disqualified
3017 under Section 32B-1-304 .
3018 (4) The commission may not issue a package agency for premises that do not meet the
3019 proximity requirements of Section 32B-1-202 .
3020 Section 68. Section 32B-2-603 is enacted to read:
3021 32B-2-603. Commission and department duties before issuing a package agency.
3022 (1) (a) Before the commission may issue a package agency, the department shall
3023 conduct an investigation and may hold public hearings to gather information and make
3024