H.B. 85

1

ALCOHOLIC BEVERAGE CONTROL ACT - SALES TO
2 MINORS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Val L. Peterson
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Alcoholic Beverage Control Act to prohibit the sale to minors of
11 certain products that make an alcoholic product.
12 Highlighted Provisions:
13 This bill:
14 . prohibits the sale, offer for sale, and furnishing to a minor of a product that is used
15 to make an alcoholic product or cause a liquid to become an alcoholic product; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes affect on July 1, 2011.
21 Utah Code Sections Affected:
22 AMENDS:
23 32B-4-403 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 32B-4-403 (Effective 07/01/11) is amended to read:
27 32B-4-403 (Effective 07/01/11). Unlawful sale, offer for sale, or furnishing to

28 minor.
29 (1) (a) A person may not sell, offer for sale, or furnish an alcoholic product to a minor.
30 (b) A person may not sell, offer for sale, or furnish a product to a minor that:
31 (i) contains, within packaging, such as a carton, case, or other wrapper, the ingredients
32 necessary to:
33 (A) make an alcoholic product; or
34 (B) cause a liquid that is not an alcoholic product to become an alcoholic product; and
35 (ii) the person who sells, offers for sale, or furnishes the product knows can be used to:
36 (A) make an alcoholic product;
37 (B) cause a liquid that is not an alcoholic product to become an alcoholic product.
38 (2) (a) (i) Except as provided in Subsection (3), a person is guilty of a class B
39 misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to
40 determine whether the recipient of the alcoholic product is a minor.
41 (ii) As used in this Subsection (2)(a), "negligently" means with simple negligence.
42 (b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if
43 the person who violates Subsection (1) knows the recipient of the alcoholic product is a minor.
44 (3) This section does not apply to the furnishing of an alcoholic product to a minor in
45 accordance with this title:
46 (a) for medicinal purposes by:
47 (i) the parent or guardian of the minor; or
48 (ii) the health care practitioner of the minor, if the health care practitioner is authorized
49 by law to write a prescription; or
50 (b) as part of a religious organization's religious services.
51 Section 2. Effective date.
52 This bill takes affect on July 1, 2011.




Legislative Review Note
as of 1-27-11 1:16 PM

Office of Legislative Research and General Counsel