(1) 

Terms Used In Utah Code 32B-4-209

  • Arrest: Taking physical custody of a person by lawful authority.
  • Beer: means a product that:
(i) contains:
(A) at least . 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
  • Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • State store: means a facility for the sale of packaged liquor:
    (i) located on premises owned or leased by the state; and
    (ii) operated by a state employee. See Utah Code 32B-1-102
    (a)  To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:

    (i)  detain a person; and

    (ii)  hold any form of identification presented by the person.

    (b)  The following may take an action described in Subsection (1)(a):

    (i)  a state store employee;

    (ii)  a package agent;

    (iii)  a licensee or permittee;

    (iv)  a beer retailer; or

    (v)  staff of a person described in Subsections (1)(b)(ii) through (iv).

    (c)  A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:

    (i)  if that person has reason to believe that the person against whom the action is taken is:

    (A)  in a facility where liquor or beer is sold; and

    (B)  in violation of Section 32B-4-409, 32B-4-412, or 32B-4-413;

    (ii)  in a reasonable manner; and

    (iii)  for a reasonable length of time.
  • (2)  Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:

    (a)  false arrest;

    (b)  false imprisonment;

    (c)  slander; or

    (d)  unlawful detention.

    Enacted by Chapter 276, 2010 General Session