32B-4-303. Special burdens of proof — Inferences and presumptions.
(1)
In a prosecution of an offense defined in this title or in a proceeding brought to enforce this title:
Terms Used In Utah Code 32B-4-303
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Hotel: includes a commercial lodging establishment that:
(i)
meets the requirements under Subsection (53)(a); and
intoxication: means that an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
(a)
an alcoholic product;
(b)
a controlled substance;
(c)
a substance having the property of releasing toxic vapors; or
(d)
a combination of products or substances described in Subsections (60)(a) through (c). 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
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
Sublicense: means :
(a)
any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
it is not necessary that the state or commission establish:
(i)
the precise description or quantity of an alcoholic product; or
(ii)
the precise consideration, if any, given or received for an alcoholic product;
(b)
there is an inference, absent proof to the contrary, that an alcoholic product in question is an alcoholic product if the witness describes it:
(i)
as an alcoholic product;
(ii)
by a name that is commonly applied to an alcoholic product; or
(iii)
as intoxicating;
(c)
if it is alleged that an entity for which a record is required to be filed with the Division of Corporations and Commercial Code to be organized or conduct business in this state has violated this title, the fact of the entity is presumed absent proof to the contrary;
(d)
a record signed or purporting to be signed by a state chemist, assistant state chemist, or state crime laboratory chemist, as to the analysis or ingredients of an alcoholic product is:
(i)
prima facie evidence:
(A)
of the facts stated in that record; and
(B)
of the authority of the person giving or making the record; and
(ii)
admissible in evidence without proof of appointment or signature absent proof to the contrary; and
(e)
a copy of an entry made in a record of the United States internal revenue collector, certified by the collector or a qualified notary public, showing the payment of the United States internal revenue special tax for the manufacture or sale of an alcoholic product is prima facie evidence of the manufacture or sale by the party named in the entry within the period set forth in the record.
(2)
(a)
In proving the unlawful purchase, sale, gift, or disposal, gratuitous or otherwise, or consumption of an alcoholic product, it is not necessary that the state or commission establish that money or other consideration actually passed or that an alcoholic product is actually consumed if the court or trier of fact is satisfied that:
(i)
a transaction in the nature of a purchase, sale, gift, or disposal actually occurs; or
(ii)
consumption of an alcoholic product is about to occur.
(b)
Proof of consumption or intended consumption of an alcoholic product on premises on which consumption is prohibited, by some person not authorized to consume an alcoholic product on those premises, is evidence that an alcoholic product is sold, given to, or purchased by the person consuming, about to consume, or carrying away the alcoholic product as against the occupant of the premises.
(3)
For purposes of a provision applicable under this chapter to a retail licensee or staff of a retail licensee, the provision is applicable to a resort licensee or hotel licensee or a person operating under a sublicense of the resort licensee or hotel licensee.
(4)
Notwithstanding the other provisions of this chapter, a criminal offense identified in this title as a criminal offense may not be enforced under this chapter if the criminal offense relates to a violation:
(a)
of a provision in this title related to intoxication or becoming intoxicated; and
(b)
if the violation is first investigated by a law enforcement officer, as defined in Section 53-13-103, who has not received training regarding the requirements of this title related to responsible alcoholic product sale or furnishing.
