(1)  Subject to Subsection (2), if an investigator is permitted by another provision of this title to inspect a record of an on-premise beer retailer that is a tavern, in addition to any other rights under this title, the investigator may inspect, have a copy of, or otherwise review any record of the tavern that is a visual recording of the operations of the tavern.

Terms Used In Utah Code 32B-6-708

  • Beer: means a product that:
(i) contains:
(A) at least . See Utah Code 32B-1-102
  • Investigator: means an individual who is:
    (a) a department compliance officer; or
    (b) a nondepartment enforcement officer. See Utah Code 32B-1-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and
    (b) designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102
    (2)  An investigator who is a peace officer may not inspect, have a copy of, or otherwise review a visual recording described in Subsection (1) without probable cause.

    Enacted by Chapter 276, 2010 General Session