(1) 

Terms Used In Utah Code 32B-4-203

  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Commissioner: means a member of the commission. See Utah Code 32B-1-102
  • Container: means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item. 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
  • 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
  • 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
  • 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)  This Subsection (1) applies to:

    (i)  a commissioner;

    (ii)  an authorized representative of the commission or department; or

    (iii)  a law enforcement or peace officer.

    (b)  An individual described in Subsection (1)(a):

    (i)  shall be given access, ingress, and egress to and from premises or a conveyance used in the storage, sale, furnishing, manufacture, or transportation of an alcoholic product;

    (ii)  may open a container containing, or supposed to contain, an article sold, or exposed for sale, held in possession, or manufactured with intent to sell in violation of this title or commission rules; and

    (iii)  may inspect the contents and take samples of the contents for analysis from a container described in this Subsection (1).

    (2)  The following shall assist, when requested by a person described in Subsection (1), in tracing, finding, or discovering the presence of an article prohibited by this title or commission rules to the extent assistance would not infringe upon the person’s federal and state constitutional rights:

    (a)  a dealer;

    (b)  a clerk;

    (c)  a bookkeeper;

    (d)  an express agent;

    (e)  a railroad or airline official;

    (f)  a common or other carrier; and

    (g)  an employee of a person listed in this Subsection (2).

    Amended by Chapter 307, 2011 General Session
    Amended by Chapter 334, 2011 General Session