32B-1-104.  Exercise of police powers — Severability.

(1) 

Terms Used In Utah Code 32B-1-104

(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with 4;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a)  This title is an exercise of the police powers of the state for the protection of the public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product.

    (b)  This title governs alcoholic product control unless otherwise provided in this title.

    • (2) 

    (a)  A licensee or permittee has the rights and privileges described in this title that are applicable to the licensee’s or permittee’s license or permit.

    (b)  A licensee or permittee may engage in an activity related to the storage, sale, offer for sale, furnishing, consumption, manufacture, or distribution of an alcoholic product only if the activity is expressly permitted under this title or a rule authorized under this title and made by the commission.

    (3)  The department and the commission:

    (a)  shall implement and enforce the provisions of this title in accordance with the express language of the provisions of this title and in a manner consistent with the policy described in Section 32B-1-103; and

    (b)  may not waive any provision of this title.

    (4)  If a provision of this title or the application of a provision to a person or circumstance is held invalid, the remainder of this title shall be given effect without the invalid provision or application. The provisions of this title are severable.

    Amended by Chapter 455, 2017 General Session

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