32B-11-303.  Specific authority and operational requirements for winery manufacturing license.

(1)  A winery manufacturing license allows a winery manufacturing licensee to:

Terms Used In Utah Code 32B-11-303

(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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102
  • (a)  store, manufacture, transport, import, or export wine;

    (b)  sell wine at wholesale to:

    (i)  the department; and

    (ii)  an out-of-state customer who is at least 21 years old, as the state in which the customer is located permits;

    (c)  purchase liquor for fortifying wine, if the department is notified of the purchase and date of delivery; and

    (d)  warehouse on the licensed premises liquor that is manufactured or purchased for manufacturing purposes.
  • (2) 

    (a)  A wine, brandy, wine spirit, or other liquor imported under authority of a winery manufacturing license shall conform to the standards of identity and quality established in the regulations issued under Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq.

    (b)  The federal definitions, standards of identity, and quality and labeling requirements for wine, in regulations issued under Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., are adopted to the extent the regulations are not contrary to or inconsistent with the laws of this state.

    (3)  If considered necessary, the commission or department may require:

    (a)  the alteration of the plant, equipment, or licensed premises;

    (b)  the alteration or removal of unsuitable wine-making equipment or material;

    (c)  a winery manufacturing licensee to clean, disinfect, ventilate, or otherwise improve the sanitary and working conditions of the plant, licensed premises, and wine-making equipment;

    (d)  that a marc, pomace, or fruit be destroyed, denatured, or removed from the licensed premises because it is considered:

    (i)  unfit for wine making; or

    (ii)  as producing or likely to produce an unsanitary condition;

    (e)  a winery manufacturing licensee to distill or cause to be distilled or disposed of under the department’s supervision:

    (i)  any unsound, poor quality finished wine; or

    (ii)  unfinished wine that will not be satisfactory when finished; or

    (f)  that a record pertaining to the grapes and other materials and ingredients used in the manufacture of wine be available to the commission or department upon request.

    (4)  A winery manufacturing licensee may not permit wine to be consumed on the winery manufacturing licensee’s premises, except that:

    (a)  a winery manufacturing licensee may allow the winery manufacturing licensee’s on-duty staff to taste on the licensed premises the alcoholic product that the winery manufacturing licensee manufactures on the winery manufacturing licensee’s premises without charge, but only in connection with the on-duty staff’s duties of manufacturing the alcoholic product during the manufacturing process and not otherwise;

    (b)  a winery manufacturing licensee may allow a person who can lawfully purchase wine for wholesale or retail distribution to consume a bona fide sample of the winery manufacturing licensee’s product on the licensed premises; and

    (c)  a winery manufacturing licensee may conduct a tasting as provided in Section 32B-11-210.

    Amended by Chapter 447, 2022 General Session