32B-11-208.  General operational requirements for manufacturing license.

(1) 

Terms Used In Utah Code 32B-11-208

(i) serve;
(ii) deliver; or
(iii) otherwise make available. See Utah Code 32B-1-102
  • License: means :
    (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
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. 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
  • manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102
  • Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:
    (i) 
    (A) under the control of the United States Department of Defense; or
    (B) of the National Guard;
    (ii) that is located within the state; and
    (iii) including a leased facility. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. 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
  • (a)  A manufacturing licensee and staff of the manufacturing licensee shall comply with this title and the rules of the commission, including the relevant part of this chapter applicable to the type of manufacturing license held by the manufacturing licensee.

    (b)  Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

    (i)  a manufacturing licensee;

    (ii)  individual staff of a manufacturing licensee; or

    (iii)  a manufacturing licensee and staff of the manufacturing licensee.
  • (2)  A manufacturing licensee shall prominently display the manufacturing license on the licensed premises.

    (3) 

    (a)  A manufacturing licensee shall make and maintain the records required by the department.

    (b)  Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (3).

    (4)  A manufacturing licensee may not sell liquor within the state except to:

    (a)  the department; or

    (b)  a military installation.

    (5)  A manufacturing license may not be transferred from one location to another location, except as provided in 3.

    (6) 

    (a)  A manufacturing licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to another person, whether for monetary gain or not, except as provided in 2.

    (b)  A manufacturing license has no monetary value for any type of disposition.

    (7)  A manufacturing licensee may not advertise the manufacturing licensee’s product in violation of this title or any other federal or state law, except that nothing in this title prohibits the advertising or solicitation of an order for industrial alcohol from a holder of a special use permit.

    (8)  A manufacturing licensee shall from time to time, on request of the department, furnish for analytical purposes a sample of the alcoholic product that the manufacturing licensee has:

    (a)  for sale; or

    (b)  in the course of manufacture for sale in this state.

    (9)  The commission may prescribe by policy or rule, consistent with this title, the general operational requirements of a manufacturing licensee relating to:

    (a)  physical facilities;

    (b)  conditions of storage, sale, or manufacture of an alcoholic product;

    (c)  storage and sales quantity limitations; and

    (d)  other matters considered appropriate by the commission.

    Amended by Chapter 447, 2022 General Session