Title 32B, Title 32B: Alcoholic Beverage Control Act

32B-4-203. Authority to inspect. (1) This Subsectionapplies to: (1) a commissioner; an authorized representative of the commission or department; or a law enforcement or peace officer. An individual described in Subsection: (1)(a) shall be given access, ingress, and egress to and…

32B-4-204. Arrests. (1) Except as otherwise provided in this chapter, an arrest of a person for a violation of this title shall be made in accordance with:; and Title 77, Chapter 7, Arrest, by Whom, and How Made Rules 6 and 7, Utah Rules of Criminal Procedure. (2) A summons in li…

32B-4-205. Prosecutions. (1) A prosecution for a violation of this title shall be in the name of the state. A criminal action for violation of a county or municipal ordinance enacted in furtherance of this title shall be in the name of the governmental entity involved. (2) A pros…

32B-4-206. Disposition of fines and forfeitures. Except when otherwise provided, a fine or forfeiture levied under this title shall be paid to the county treasurer of the county in which the prosecution occurred.

32B-4-207. Right of appeal. In a case arising under this title, the commission or the state has the right of appeal as to a question of law.

32B-4-208. Nuisances. (1) As used in this section, "nuisance" means: a room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance where an alcoholic product is possessed, purchased, used, kept, stored, sold, offered for sale, furnished, given, receive…

32B-4-209. Lawful detention. (1) To inform a peace officer of a suspected violation and subject to the requirements of Subsection, a person described in Subsectionmay: (1)(c) (1)(b) detain a person; and hold any form of identification presented by the person. The following may ta…

32B-4-301. Applicability of Title 76, Criminal Offenses. Except as otherwise provided,,,, and, apply to the prosecution of a criminal offense defined in this chapter or expressly identified as a criminal offense in this title.

32B-4-302. Criminal responsibility for conduct of another. In addition to, the following principles apply to a violation of this title: (1) If a violation of this title is committed by a person in the employ of the occupant of premises in which the offense is committed, or by a p…

32B-4-303. Special burdens of proof -- Inferences and presumptions. (1) In a prosecution of an offense defined in this title or in a proceeding brought to enforce this title: it is not necessary that the state or commission establish: the precise description or quantity of an alc…

32B-4-304. Violation of title a misdemeanor. (1) Unless otherwise provided in this title, a person is guilty of a class B misdemeanor if that person violates: this chapter; or a provision of this title that is expressly identified as a criminal offense. (2) This section is not ap…

32B-4-305. Additional criminal penalties. (1) As used in this section, "business entity" means a corporation, partnership, association, limited liability company, or similar entity. In addition to the penalties provided in, this section applies. Title 76, Chapter 3, Punishments (…

32B-4-401. Unlawful sale or furnishing. (1) It is unlawful for a retail licensee, a permittee, or staff of a retail licensee or permittee to keep for sale, or to directly or indirectly, sell, offer for sale, or furnish to another, an alcoholic product, except as otherwise provide…

32B-4-402. Unauthorized sale, offer for sale, or furnishing. A person authorized by this title to sell an alcoholic product and staff of that person may not sell, offer for sale, or furnish, an alcoholic product in any place, or at any day or time other than as authorized by this…

32B-4-403. Unlawful sale, offer for sale, or furnishing to minor. (1) A person may not sell, offer for sale, or furnish an alcoholic product to a minor. (2) Except as provided in Subsection, a person is guilty of a class B misdemeanor if the person who violates Subsectionnegligen…

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: a person who is actually or apparently intoxicated; or a person whom the person furnishing the alcoholic product …

32B-4-405. Unlawful sale, offer for sale, or furnishing to interdicted person. (1) A person may not sell, offer for sale, or furnish an alcoholic product to a known interdicted person. (2) This section does not apply to the sale, offer for sale, or furnishing of an alcoholic prod…

32B-4-406. Unlawful sale, offer for sale, or furnishing of an alcoholic product. (1) Except as provided in Subsection: (2) a person may not sell, offer for sale, or furnish beer to the general public in a container that exceeds two liters; and a person may not purchase or possess…

32B-4-407. Unlawful sale, offer for sale, or furnishing during emergency. During a period of emergency proclaimed by the governor to exist in an area of the state, it is unlawful for a person to sell, offer for sale, or furnish an alcoholic product in that area if the director pu…

32B-4-408. Unlawful purchase or acceptance. (1) It is unlawful for a person or the person's staff to purchase, take, or accept an alcoholic product from another person, except as provided by this title or the rules of the commission adopted under this title. (2) An act is unlawfu…

32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable amounts in body. (1) Unless specifically authorized by this title, it is unlawful for a minor to: purchase an alcoholic product; attempt to purchase an alcoholic product; solicit another person to purcha…

32B-4-410. Unlawful admittance or attempt to gain admittance by minor. (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the premises of: a tavern; or a bar licensee, except to the extent authorized by Section. 32B-6-406.1 (2) A minor who violates…

32B-4-411. Minor's unlawful use of proof of age. (1) As used in this section, "proof of age violation" means a violation by a minor of:; or Chapter 1, Part 4, Proof of Age Act if as part of the violation the minor uses a proof of age in violation of: Chapter 1, Part 4, Proof of A…

32B-4-412. Unlawful purchase by intoxicated person. A person may not purchase an alcoholic product if the person is intoxicated.

32B-4-413. Unlawful purchase by interdicted person. A person may not purchase or possess an alcoholic product if that person is an interdicted person, except: (1) under an order of a health care practitioner who is authorized by law to write a prescription; or (2) when administer…

32B-4-414. Unlawful possession -- Exceptions. A person may not possess liquor within this state unless authorized by this title or the rules of the commission, except that: (1) a person who clears United States Customs when entering this country may possess for personal consumpti…

32B-4-415. Unlawful bringing onto premises for consumption. (1) Except as provided in Subsection (4) and Section, a person may not bring an alcoholic product for on-premise consumption onto the premises of: 32B-5-307 a retail licensee or person required to be licensed under this …

32B-4-416. Unlawful permitting of consumption by minor. (1) A person may not permit a minor to consume an alcoholic product in a chartered bus or limousine of which the person is the owner or operator. (2) A violation of Subsectionis an infraction. (1)

32B-4-417. Unlawful possession by licensee or permittee. Except as authorized by Section, other provisions of this title, or the rules of the commission, a licensee or permittee may not possess, store, or allow consumption of liquor on its premises if the liquor is not purchased …

32B-4-418. Unlawful storage. It is unlawful for a person to store: (1) liquor on premises for which the person is authorized to sell beer for on-premise consumption, but for which the person is not licensed under this title to sell liquor; or (2) an alcoholic beverage for sale on…

32B-4-419. Unlawful permitting of intoxication. (1) A person may not permit another person to become intoxicated or an intoxicated person to consume an alcoholic product in: premises of which the person is the owner, tenant, or occupant; or a chartered bus or limousine of which t…

32B-4-420. Unlawful adulteration. (1) For purposes of this section, "tamper" means to do one or more of the following to the contents of a container: fortify; adulterate; contaminate; dilute; change its character or purity; or otherwise change. (2) A person may not, for any purpo…

32B-4-421. Unlawful consumption in public place. (1) A person may not consume liquor in a public building, park, or stadium, except as provided by this title. (2) A violation of this section is a class C misdemeanor.

32B-4-422. Unlawful dispensing. (1) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituous liquor for consumption on the licensed premises, or staff of the retail licensee may not: sell, offer for sale, or furnish a primary spirituous liquor to…

32B-4-423. Immunity regarding alcohol consumption offenses when seeking emergency aid for another person. (1) A law enforcement officer may not cite or arrest a person solely because of a person's violation of a provision under Subsectionif the officer came into contact with the …

32B-4-424. Powdered or vaporized alcohol. (1) As used in this section: "Powdered alcohol" means a product that is in a powdered or crystalline form and contains any amount of alcohol. "Vaporized alcohol" means a product created by mixing alcohol with pure oxygen or another gas to…

32B-4-501. Operating without a license or permit. (1) A person may not operate the following businesses without first obtaining a license under this title if the business allows a person to purchase or consume an alcoholic product on the premises of the business: a restaurant; an…

32B-4-502. Storing or possessing pursuant to federal stamp. (1) Except as otherwise provided by this title, it is unlawful for a person who holds a stamp issued by the Bureau of Internal Revenue of the United States as a retail dealer in fermented malt liquor, or the person's ope…

32B-4-503. Tampering with a record. (1) It is unlawful for a person who has custody of a record required to be filed or deposited with the commission or the department under this title to: steal, falsify, alter, willfully destroy, mutilate, deface, remove, or conceal in whole or …

32B-4-504. Making false statements. (1) A person who makes a false material statement under oath or affirmation in an official proceeding before the commission or the department is guilty of a second degree felony. As used in Subsection, "material" statement is as defined in Sect…

32B-4-505. Obstructing a search, official proceeding, or investigation. (1) A person who is in the premises or has charge over premises may not refuse or fail to admit to the premises or obstruct the entry of any of the following who demands entry when acting under this title: a …

32B-4-508. Offering or soliciting bribe, gift, or profits. (1) If a person sold, sells, offered for sale, or offers to sell an alcoholic product to the commission or department, that person may not offer, make, tender, or in any way deliver or transfer to a commissioner, the dire…

32B-4-509. Forgery. (1) A person who with a purpose to defraud the commission or the department, or who with knowledge that the person is facilitating a fraud to be perpetrated by anyone, forges a record required under this title, is guilty of forgery as provided under Section. 7…

32B-4-601. Unlawful removal from conveyance or diversion of shipment. (1) It is unlawful for a person transporting an alcoholic product, including a motor carrier, in interstate or other commerce intended for, or consigned to, or claimed to be intended for or consigned to a perso…

32B-4-602. Unlawful transportation. (1) It is unlawful for a person, including a motor carrier, or staff of the person to order or purchase an alcoholic product or to cause an alcoholic product to be shipped, carried, or transported into this state, or from one place to another w…

32B-4-603. Carriers' records. (1) 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: the name of every person to whom the alcoho…