32B-4-404.  Unlawful sale, offer for sale, or furnishing to intoxicated person.

(1)  A person may not sell, offer for sale, or furnish an alcoholic product directly to:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 32B-4-404

  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. 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
  • Person: means :Utah Code 68-3-12.5
  • (a)  a person who is actually or apparently intoxicated; or

    (b)  a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.

(2) 

(a)  A person who negligently or recklessly violates Subsection (1) is guilty of a class B misdemeanor.

(b)  A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor.

(3)  As used in Subsection (2)(a), “negligently” means with simple negligence.

Amended by Chapter 291, 2021 General Session