32B-1-206.  Advertising prohibited — Exceptions.

(1) 

Terms Used In Utah Code 32B-1-206

  • Billboard: means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • 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
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • (a)  The department may not advertise liquor, except:

    (i)  the department may provide for an appropriate sign in the window or on the front of a state store or package agency denoting that it is a state authorized liquor retail facility;

    (ii)  the department or a package agency may provide a printed price list to the public;

    (iii)  the department may authorize the use of price posting and floor stacking of liquor within a state store;

    (iv)  subject to Subsection (1)(b), the department may provide a listing of the address and telephone number of a state store in one or more printed or electronic directories available to the general public; and

    (v)  subject to Subsection (1)(b), a package agency may provide a listing of its address and telephone number in one or more printed or electronic directories available to the general public.

    (b)  A listing under Subsection (1)(a)(iv) or (v) in the business or yellow pages of a telephone directory may not be displayed in an advertisement or other promotional format.
  • (2) 

    (a)  The department may not advertise an alcoholic product on a billboard.

    (b)  A package agency may not advertise an alcoholic product on a billboard, except to the extent allowed by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (3) 

    (a)  The department may not display liquor or a price list in a window or showcase visible to passersby.

    (b)  A package agency may not display liquor or a price list in a window or showcase visible to passersby, except to the extent allowed by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (4)  A public transit district, as defined in Section 17B-2a-802, may not allow advertising on a transit vehicle, as defined in Section 17B-2a-802, that promotes an alcoholic product.

    (5)  Advertising of an alcoholic product may not:

    (a)  promote the intoxicating effects of alcohol; or

    (b)  emphasize the high alcohol content of the alcoholic product.

    (6)  Except to the extent prohibited by this title, the advertising of an alcoholic product is allowed under guidelines established by the commission by rule.

    (7)  The advertising or use of any means or media to offer an alcoholic product to the general public without charge is prohibited.

    Amended by Chapter 371, 2023 General Session