Utah Code § 32B-1-101
Title
(1) This title is known as the "Alcoholic Beverage Control Act." (2) This chapter is known as "Alcoholic Beverage Control General Provisions."
Utah Code Title 32B — Alcoholic Beverage Control Act
Utah · statute · Utah Code tit. 32B · 437 active provisions
Provisions
Utah Code § 32B-1-102
Definitions
As used in this title: (1) "Airport lounge" means a business location: (a) at which an alcoholic product is sold at retail for consumption on the premises; and (b) that is located at an international airport or domestic airport. (2) "Airport lounge license" means a license issued in accordance with Chapter 5, Retail Li…
Utah Code § 32B-1-103
Policy
The policies of the state are as follows: (1) This title shall be administered in a manner that is nonpartisan and free of partisan political influence. (2) Alcoholic product control shall be operated as a public business using sound management principles and practices. This public business shall: (a) be governed by a…
Utah Code § 32B-1-104
Exercise of police powers -- Severability
(1) (a) This title is an exercise of the police powers of the state for the protection of the public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product. (b) This title governs alcoholic product contr…
Utah Code § 32B-1-201
Restrictions on number of retail licenses that may be issued -- Determining population -- Exempt licenses
(1) As used in this section: (a) "Alcohol-related law enforcement officer" means a law enforcement officer employed by the Department of Public Safety that has as a primary responsibility: (i) the enforcement of this title; or (ii) the enforcement of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckles…
Utah Code § 32B-1-202
Proximity to community location
(1) As used in this section: (a) "Designated project area zone" means the area that is: (i) bounded by: (A) South Temple Street; (B) 100 South Street; (C) West Temple Street; and (D) 400 West Street; and (ii) within a project area as defined in Section 63N-23-801. (b) (i) "Outlet" means: (A) a state store; (B) a packag…
Utah Code § 32B-1-202.1
Proximity for certain hotel and arena licensees
(1) As used in this section, "hotel" means the same as that term is defined in Section 32B-8b-102. (2) The commission may issue a hotel license for a proposed location that does not meet the proximity requirements under Section 32B-1-202, if: (a) (i) the proposed hotel is: (A) located in a city classified as a city of…
Utah Code § 32B-1-203
Licensee compliance with other laws
(1) A licensee and a person applying for a license shall comply with the applicable federal and state laws pertaining to payment of taxes and contributions to unemployment and insurance funds to which the licensee or person may be subject. (2) The commission: (a) may not issue a license to a person who violates this se…
Utah Code § 32B-1-204
Powers of local authority
(1) If this title expressly addresses an issue related to alcoholic product control in this state, a local authority may not regulate in relation to that issue except when a local authority is expressly granted regulatory authority to regulate the issue by this title. (2) If this title does not expressly address an iss…
Utah Code § 32B-1-205
Falsifying or taking other actions with records prohibited
(1) A person required to make or maintain a record under this title or rules of the commission, or a person acting for that person, may not knowingly forge, falsify, alter, cancel, destroy, conceal, or remove the record for the purpose of deceiving the commission, a commissioner, the director, the department, a departm…
Utah Code § 32B-1-206
Advertising prohibited -- Exceptions
(1) (a) The department may not advertise liquor, except: (i) the department may provide for an appropriate sign in the window or on the front of a state store or package agency denoting that it is a state authorized liquor retail facility; (ii) the department or a package agency may provide a printed price list to the…
Utah Code § 32B-1-207
Calculation of ratio of gross receipts of food to alcoholic product
In calculating the annual gross receipts of a retail license or sublicense for purposes of determining the percentage of gross receipts from the sale, offer for sale, or furnishing of food or an alcoholic product, a retail licensee may not include in the calculation the money from the sale of: (1) a bottle of wine by t…
Utah Code § 32B-1-208
Percentage lease agreements
(1) As used in this section: (a) "Percentage lease agreement" means a lease agreement in which the lessee: (i) is a retail licensee; and (ii) pays the lessor: (A) a base rent; and (B) percentage rent. (b) "Percentage rent" means a percentage: (i) agreed upon between a lessor and lessee; and (ii) of the total sales reve…
Utah Code § 32B-1-301
Title
This part is known as "Qualifications and Background."
Utah Code § 32B-1-302
Definitions
Reserved
Utah Code § 32B-1-303
Qualifications related to employment with the department
(1) The department may not employ a person if that person has been convicted of: (a) within seven years before the day on which the department employs the person, a felony under a federal law or state law; (b) within four years before the day on which the department employs the person: (i) a violation of a federal law,…
Utah Code § 32B-1-304
Qualifications for a package agency, license, or permit -- Minors
(1) (a) Except as provided in Subsection (7), the commission may not issue a package agency, license, or permit to a person who has been convicted of: (i) within seven years before the day on which the commission issues the package agency, license, or permit, a felony under a federal law or state law; (ii) within four…
Utah Code § 32B-1-305
Requirement for a background check
(1) The department shall require an individual listed in Subsection (2), in accordance with this part, to: (a) provide a signed waiver from the individual whose fingerprints may be registered in the Federal Bureau of Investigation Rap Back system that notifies the signee: (i) that a criminal history background check wi…
Utah Code § 32B-1-306
Use of information from a criminal background check
The commission or department may use information obtained pursuant to Section 32B-1-305 only for one or more of the following purposes: (1) enforcing this title; (2) determining whether an individual is convicted of any of the following offenses that disqualify the individual under this title from acting in a capacity…
Utah Code § 32B-1-307
Background check procedure
(1) (a) An individual described in Subsections 32B-1-305(2)(b) through (e) shall submit to a background check in a form acceptable to the department, including submitting fingerprints, at the expense of the individual. (b) The department shall pay the expense of obtaining a background check, including obtaining fingerp…
Utah Code § 32B-1-401
Title
This part is known as the "Proof of Age Act."
Utah Code § 32B-1-402
Definitions
As used in this part: (1) "Authorized person" means a person authorized by law to sell or otherwise handle an alcoholic product. (2) "Restricted area" means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted. (3) "Statement of age" means a statement signed under…
Utah Code § 32B-1-403
Unlawful transfer or use of proof of age -- False information
(1) (a) It is unlawful for a person to transfer that person's proof of age to another person to aid that person: (i) in procuring an alcoholic product; (ii) in gaining admittance to a restricted area; or (iii) in obtaining employment that under this title may not be obtained by a minor. (b) A person who permits that pe…
Utah Code § 32B-1-404
Presentation of proof of age upon request
(1) To obtain one or more of the following, an individual shall present proof of age at the request of a person listed in Subsection (2): (a) an alcoholic product; (b) admittance to a restricted area; or (c) employment that under this title may not be obtained by a minor. (2) To determine whether the individual describ…
Utah Code § 32B-1-405
Additional requirements when age is in question
(1) (a) In addition to requesting the presentation of proof of age under Section 32B-1-404, an authorized person shall require an individual whose age is in question to sign a statement of age on the form provided under Subsection (1)(b) that includes: (i) the date the statement of age is signed; and (ii) the number as…
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