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
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
Proof of age: means :
(i)
an identification card;
(ii)
an identification that:
(A)
is substantially similar to an identification card;
(B)
is issued in accordance with the laws of a state other than Utah in which the identification is issued;
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(a)
A state store shall display in a prominent place in the store a sign in large letters that consists of text in the following order:
(i)
a header that reads: “WARNING”;
(ii)
a warning statement that reads: “Drinking alcoholic beverages during pregnancy can cause birth defects and permanent brain damage for the child.”;
(iii)
a statement in smaller font that reads: “Call the Utah Department of Health at [insert most current toll-free number] with questions or for more information.”;
(iv)
a header that reads: “WARNING”; and
(v)
a warning statement that reads: “Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.”
(b)
(i)
The text described in Subsections (1)(a)(i) through (iii) shall be in a different font style than the text described in Subsections (1)(a)(iv) and (v).
(ii)
The warning statements in the sign described in Subsection (1)(a) shall be in the same font size.
(c)
The Department of Health shall work with the commission and department to facilitate consistency in the format of a sign required under this section.
(2)
A state store may not sell, offer for sale, or furnishliquor except at a price fixed by the commission.
(3)
A state store may not sell, offer for sale, or furnish liquor to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(4)
(a)
A state store employee may not:
(i)
consume an alcoholic product on the premises of a state store; or
(ii)
allow any person to consume an alcoholic product on the premises of a state store.
(b)
A violation of this Subsection (4) is a class B misdemeanor.
(5)
(a)
Sale or delivery of liquor may not be made on or from the premises of a state store, and a state store may not be kept open for the sale of liquor:
(i)
on Sunday; or
(ii)
on a state or federal legal holiday.
(b)
Sale or delivery of liquor may be made on or from the premises of a state store, and a state store may be open for the sale of liquor, only on a day and during hours that the commission directs by rule or order.
(6)
(a)
A minor may not be admitted into, or be on the premises of, a state store unless accompanied by a person who is:
(i)
21 years of age or older; and
(ii)
the minor’s parent, legal guardian, or spouse.
(b)
A state store employee that has reason to believe that a person who is on the premises of a state store is under the age of 21 and is not accompanied by a person described in Subsection (6)(a) may:
(i)
ask the suspected minor for proof of age;
(ii)
ask the person who accompanies the suspected minor for proof of age; and
(iii)
ask the suspected minor or the person who accompanies the suspected minor for proof of parental, guardianship, or spousal relationship.
(c)
A state store employee shall refuse to sell liquor to the suspected minor and to the person who accompanies the suspected minor into the state store if the suspected minor or person fails to provide information specified in Subsection (6)(b).
(d)
A state store employee shall require a suspected minor and the person who accompanies the suspected minor into the state store to immediately leave the premises of the state store if the suspected minor or person fails to provide information specified in Subsection (6)(b).
(7)
(a)
A state store may not sell, offer for sale, or furnish liquor except in a sealed container.
(b)
A person may not open a sealed container on the premises of a state store.
(8)
On or after October 1, 2011, a state store may not sell, offer for sale, or furnish heavy beer in a sealed container that exceeds two liters.
Amended by Chapter 307, 2011 General Session Amended by Chapter 334, 2011 General Session
