Terms Used In Utah Code 32B-4-401

• Beer: means a product that:

  (i)

  contains: (A)  at least . See Utah Code 32B-1-102 Beer retailer: means a business that: (a)  is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and (b)  is licensed as: (i)  an off-premise beer retailer, in accordance with 2; or (ii)  an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102 Brewer: means a person engaged in manufacturing: (a)  beer; (b)  heavy beer; or (c)  a flavored malt beverage. See Utah Code 32B-1-102 Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains 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 Military installation: means a base, air field, camp, post, station, yard, center, or homeport facility for a ship: (i)  (A)  under the control of the United States Department of Defense; or (B)  of the National Guard; (ii)  that is located within the state; and (iii)  including a leased facility. 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 Package agency: means a retail liquor location operated: (a)  under an agreement with the department; and (b)  by a person: (i)  other than the state; and (ii)  who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the 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 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 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: (i)  manufactures that is unfit for consumption as, or in, a beverage, as the commission determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii)  does not sell for consumption as, or in, a beverage. See Utah Code 32B-1-102 Special use permit: means a permit issued in accordance with Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. 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 Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 (2)  It is unlawful for a person in the business of selling liquor, a manufacturer, a supplier, an importer of liquor, or staff of the person, manufacturer, supplier, or importer to sell, ship, transport, or cause to be sold, shipped, or transported liquor from an out-of-state location directly or indirectly into this state except to the extent authorized by this title to: (a)  the department; (b)  a military installation; (c)  a holder of a special use permit, to the extent authorized in the special use permit; or (d)  a liquor warehouser licensee licensed to distribute and transport liquor to: (i)  the department; or (ii)  an out-of-state wholesaler or retailer. (3)  (a)  It is unlawful for a person in the business of selling beer, a manufacturer, a supplier, an importer of beer, or staff of the person, manufacturer, or importer to sell, ship, transport, or cause to be sold, shipped, or transported beer from an out-of-state location directly or indirectly into this state except to the extent authorized by this title to: (i)  a beer wholesaler licensee; (ii)  a military installation; or (iii)  a holder of a special use permit, to the extent authorized in the special use permit. (b)  Subsection (3)(a) does not preclude a small brewer that holds a certificate of approval from selling, shipping, or transporting beer to the extent authorized by Subsection 32B-11-503(5) directly to: (i)  a beer retailer; or (ii)  an event permittee. (4)  (a)  It is unlawful for a manufacturer, supplier, or importer of liquor in this state, or staff of the manufacturer, supplier, or importer to sell, ship, transport, or cause to be sold, shipped, or transported liquor directly or indirectly to a person in this state except to the extent authorized by this title to: (i)  the department; (ii)  a military installation; (iii)  a holder of a special use permit, to the extent authorized in the special use permit; or (iv)  a liquor warehouser licensee who is licensed to distribute and transport liquor to: (A)  the department; or (B)  an out-of-state wholesaler or retailer. (b)  Subsection (4)(a) does not preclude a winery manufacturing licensee located in this state from selling wine to a person on its winery premises: (i)  to the extent authorized by Subsection 32B-11-303(4); or (ii)  under a package agency issued by the commission on the winery premises. (c)  Subsection (4)(a) does not preclude a distillery manufacturing licensee located in this state from selling liquor on its distillery premises: (i)  to the extent authorized in Subsection 32B-11-403(5); or (ii)  under a package agency issued by the commission on the distillery premises. (d)  Subsection (4)(a) does not preclude a brewery manufacturing licensee located in this state from selling heavy beer or flavored malt beverages on its brewery premises: (i)  to the extent authorized under Subsection 32B-11-503(4); or (ii)  under a package agency issued by the commission on its brewery premises. (5)  (a)  It is unlawful for a manufacturer, supplier, or importer of beer in this state, or staff of the manufacturer, supplier, or importer to sell, ship, transport, or cause to be sold, shipped, or transported beer directly or indirectly to a person in this state except to the extent authorized by this title to: (i)  a beer wholesaler licensee; (ii)  a military installation; or (iii)  a holder of a special use permit, to the extent authorized in the special use permit. (b)  Subsection (5)(a) does not preclude: (i)  a small brewer who is a brewery manufacturing licensee located in this state from selling, shipping, and transporting beer to the extent authorized by Subsection 32B-11-503(5) directly to one of the following in this state: (A)  a beer retailer; or (B)  an event permittee; or (ii)  a brewery manufacturing licensee from selling beer to a person on its manufacturing premises under Subsection 32B-11-503(4)(c). (6)  It is unlawful for a person other than a person described in Subsection (2) or (3) to sell, ship, transport, or cause to be sold, shipped, or transported an alcoholic product from an out-of-state location directly or indirectly into this state, except as otherwise provided by this title. (7)  It is unlawful for a person in this state other than a person described in Subsection (4) or (5) to sell, ship, transport, or cause to be sold, shipped, or transported an alcoholic product directly or indirectly to another person in this state, except as otherwise provided by this title. (8)  (a)  A violation of Subsection (1) is a class B misdemeanor, except when otherwise provided by this title. (b)  A violation of Subsection (2), (3), (4), or (5) is a third degree felony. (c)  A violation of Subsection (6) or (7) is a class B misdemeanor. Amended by Chapter 266, 2016 General Session   Previous section Next section    Part 4 Contents