to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. 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
Small brewer: means a brewer who manufactures less than 60,000 barrels of beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
(a)
if the brewer is part of a controlled group of manufacturers, including the combined volume totals of production for all breweries that constitute the controlled group of manufacturers; and
(b)
excluding beer, heavy beer, or flavored malt beverage the brewer:
does not sell for consumption as, or in, a beverage. 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
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(a)
Before a person may purchase, store, sell, offer for sale, distribute, or import beer to a person who sells at retail or acts in any way as a beer wholesaler, the person shall first obtain a beer wholesaling license issued by the commission in accordance with this chapter.
(b)
A violation of Subsection (1)(a) is a class A misdemeanor.
(2)
(a)
The commission may issue a beer wholesaling license for the purchase, storage, sale, distribution, transportation, and import of beer.
(b)
A beer wholesaling license entitles the beer wholesaler licensee to:
(i)
purchase and import beer into the state;
(ii)
store beer in an approved warehouse; and
(iii)
sell and distribute beer directly to:
(A)
a beer retailer; or
(B)
an event permittee.
(3)
Nothing in this section precludes a small brewer from selling beer the small brewer manufactures directly to: