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

32B-11-403. Specific authority and operational requirements for distillery manufacturing license. (1) A distillery manufacturing license allows a distillery manufacturing licensee to: store, manufacture, transport, import, or export liquor; sell liquor to: the department; an out-…

32B-11-501. Title. This part is known as "Brewery Manufacturing License."

32B-11-502. Definitions. Reserved

32B-11-503. Specific authority and operational requirements for brewery manufacturing license. (1) A brewery manufacturing license allows a brewery manufacturing licensee to: store, manufacture, brew, transport, or export beer, heavy beer, and flavored malt beverages; sell heavy …

32B-11-504. Department's authority regarding small-brewer status. (1) A brewer seeking to obtain small-brewer status shall provide to the department any documentation or information the department determines necessary to determine if the brewer is part of a controlled group of ma…

32B-11-601. Title. This part is known as the "Local Industry Representative License Act."

32B-11-602. Definitions. Reserved

32B-11-603. Commission's power to issue local industry representative license. (1) Before a person described in Subsectionmay represent an alcoholic product of a manufacturer, supplier, or importer, the person shall obtain a local industry representative license from the commissi…

32B-11-604. Application for local industry representative license. (1) To obtain a local industry representative license, a person shall submit to the department: a written application in a form prescribed by the department; a nonrefundable $75 application fee; an initial license…

32B-11-605. Renewal requirements for local industry representative license. (1) A local industry representative license expires on December 31 of each year. (2) To renew a local industry representative license, a person shall submit to the department by no later than November 30 …

32B-11-606. Specific qualifications for local industry representative. (1) The commission may not issue a local industry representative license to: a person who is disqualified under Section; or 32B-1-304 unless otherwise provided: a retail licensee that sells, offers for sale, o…

32B-11-607. Commission and department duties before issuing local representative license. (1) Before the commission may issue a local industry representative license, the department shall conduct an investigation and may hold public hearings to gather information and make recomme…

32B-11-608. Operational requirements for local industry representative license. (1) A local industry representative licensee, staff of the local industry representative licensee, or staff of a manufacturer, supplier, or importer who is conducting business in the state, shall comp…

32B-11-609. Notifying department of change in ownership. The commission may suspend, revoke, or deem forfeited a local industry representative license if a local industry representative licensee does not notify the department, within 60 days after the day on which the change occu…

32B-12-101. Title. This chapter is known as the "Liquor Warehousing License Act."

32B-12-102. Definitions. Reserved

32B-12-201. Commission's power to issue liquor warehousing license. (1) Before a person may warehouse, distribute, or transport liquor for resale to a wholesale or retail customer, the person shall first obtain a liquor warehousing license issued by the commission in accordance w…

32B-12-202. Application requirements for liquor warehousing license. To obtain a liquor warehousing license, a person shall submit to the department: (1) a written application in a form prescribed by the department; (2) a nonrefundable $300 application fee; (3) an initial license…

32B-12-203. Renewal requirements for liquor warehousing license. (1) A liquor warehousing license expires on December 31 of each year. (2) To renew a liquor warehousing license, a person shall submit to the department by no later than November 30 of the year the license expires: …

32B-12-204. Specific qualifications for liquor warehousing license. (1) The commission may not issue a liquor warehousing license to a person who is disqualified under Section. 32B-1-304 (2) A person, through its staff, or otherwise, either directly or indirectly, may not hold at…

32B-12-205. Duties of commission and department before issuing liquor warehousing license. (1) Before the commission may issue a warehousing license or approve a change of location for a licensee's warehouse facility, the department shall conduct an investigation and may hold pub…

32B-12-206. Bond for liquor warehousing license. (1) A liquor warehouser licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department. A liquor warehouser licensee shall procure and maintain the bond required by this section for as long as …

32B-12-301. General operational requirements for liquor warehousing license. (1) A liquor warehouser licensee and staff of the liquor warehouser licensee shall comply with this title and the rules of the commission. Failure to comply as provided in Subsectionmay result in discipl…

32B-12-302. Notifying the department of change in ownership. The commission may suspend, revoke, or deem forfeited a liquor warehousing license if a liquor warehouser licensee does not notify the department, within 60 days after the day on which the change occurs, of a change in:…

32B-13-101. Title. This chapter is known as the "Beer Wholesaling License Act."

32B-13-102. Definitions. Reserved

32B-13-201. Commission's power to issue beer wholesaling license. (1) Before a person may purchase, store, sell, offer for sale, distribute, or import beer to a person who sells at retail or acts in any way as a beer wholesaler, the person shall first obtain a beer wholesaling li…

32B-13-202. Application requirements for beer wholesaling license. To obtain a beer wholesaling license, a person shall submit to the department: (1) a written application in a form prescribed by the department; (2) a nonrefundable $300 application fee; (3) an initial license fee…

32B-13-203. Renewal requirements for beer wholesaling license. (1) A beer wholesaling license expires on December 31 of each year. (2) To renew a beer wholesaling license, a person shall submit to the department by no later than November 30 of the year the license expires: a comp…

32B-13-204. Specific qualifications for beer wholesaling license. (1) The commission may not issue a beer wholesaling license to a person who: is disqualified under Section; or 32B-1-304 does not meet any applicable federal requirement for beer wholesaling. (2) The commission may…

32B-13-205. Commission and department duties before issuing beer wholesaling license. (1) Before the commission may issue a beer wholesaling license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the c…

32B-13-206. Bond for a beer wholesaling license. (1) A beer wholesaler licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department. A beer wholesaler licensee shall procure and maintain a bond required by this section for as long as the be…

32B-13-301. General operational requirements for beer wholesaling license. (1) A beer wholesaler licensee and staff of the beer wholesaler licensee shall comply with this title and the rules of the commission. Failure to comply as provided in Subsectionmay result in disciplinary …

32B-13-302. Notifying the department of a change of ownership. The commission may suspend or revoke a beer wholesaling license if a beer wholesaler licensee does not immediately notify the department of change in: (1) ownership of the beer wholesaler licensee; (2) for a corporate…

32B-14-101. Legislative policy. It is the policy of the Legislature to regulate and control the importation, sale, and distribution of beer within the state in the exercise of its powers under the Twenty-first Amendment to the Constitution of the United States and pursuant to the…

32B-14-102. Definitions. As used in this chapter: (1) "Affected party" means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. (2) "Distributorship agreement" means a written agreement between a suppli…

32B-14-102. Definitions. As used in this chapter: (1) "Affected party" means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. (2) "Distributorship agreement" means a written agreement between a suppli…

32B-14-103. Modifying statutory requirements not permitted. (1) Nothing in this chapter is intended to restrict the right of a supplier to contractually require its wholesaler to comply with the supplier's operational standards of performance that are: consistent with this chapte…

32B-14-201. Termination of distributorship agreements. (1) Except as provided in Subsectionor, a supplier or wholesaler may not: (2) (3) terminate a distributorship agreement; or fail to renew a distributorship agreement. (2) A supplier or wholesaler may take an action prohibited…

32B-14-202. Notice of termination. (1) Except as provided in Subsection, a terminating party may not take an action described in Subsectionunless the terminating party provides prior notification in accordance with Subsectionto the affected party. (3) 32B-14-201(1) (2) (2) A term…

32B-14-301. Distributorship agreements in general. A distributorship agreement may be for a definite or indefinite period.

32B-14-302. Prohibited conduct of supplier. (1) A supplier may not: induce or coerce, or attempt to induce or coerce, a wholesaler to engage in an illegal act or course of conduct; impose a requirement that is discriminatory by its terms or in the methods of enforcement as compar…

32B-14-303. Prohibited conduct of wholesaler. (1) A wholesaler may not: induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct; impose a requirement that is discriminatory by its terms or in the methods of enforcement as comp…

32B-14-304. Sale or transfer of business assets or ownership. (1) Without the prior written approval of a sale or transfer by the supplier: a wholesaler may not sell or transfer its business, or any portion of its business, including the distributorship agreement, to a successor …

32B-14-305. Sale or transfer of supplier's business. (1) For purposes of this section, "successor" means a supplier who obtains a distribution right of a brand that a wholesaler distributes in this state pursuant to a distributorship agreement with another supplier who previously…