Utah Code 32B-4-603. Carriers’ records

(1)

Terms Used In Utah Code 32B-4-603

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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.
Local authority: means :

(a)	for premises that are located in an unincorporated area of a county, the governing body of a county;

(b)	for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or

(c)

for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Record: includes :

(i)

a book;

(ii)	a book of account;

(iii)

a paper;

(iv)	a contract;

(v)	an agreement;

(vi)	a document; or

(vii)

a recording in any medium. 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

Writing: includes :Utah Code 68-3-12.5

(a)

A person, including a motor carrier, transporting an alcoholic product into or within this state shall make and maintain a record in which is entered, immediately on the receipt of an alcoholic product:

(i)	the name of every person to whom the alcoholic product is consigned;

(ii)	the amount and kind of alcoholic product received; and

(iii)

the date when the alcoholic product is delivered.

(b)

(i)	Except as provided in Subsection (1)(b)(ii), a consignee shall sign the consignee’s name.

(ii)	If the consignee is a corporation, partnership, or limited liability company, an agent authorized in writing shall sign the record described in Subsection (1)(a).

(2)	A person described in Subsection (1) shall make the record open to inspection by an authorized official of the state or local authority at any time during the person’s business hours.

(3)	A record under this section constitutes prima facie evidence of the facts stated in the record and is admissible as evidence in a court proceeding to enforce this title.

Enacted by Chapter 276, 2010 General Session

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