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

32B-1-201. Restrictions on number of retail licenses that may be issued -- Determining population -- Exempt licenses. (1) As used in this section: "Alcohol-related law enforcement officer" means a law enforcement officer employed by the Department of Public Safety that has as a p…

32B-1-202. Proximity to community location. (1) As used in this section: "Designated project area zone" means the area that is: bounded by: South Temple Street; 100 South Street; West Temple Street; and 400 West Street; and within a project area as defined in Section. 63N-23-801 …

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 unde…

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 s…

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 regulat…

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 …

32B-1-206. Advertising prohibited -- Exceptions. (1) The department may not advertise liquor, except: 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;…

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 alcoh…

32B-1-208. Percentage lease agreements. (1) As used in this section: "Percentage lease agreement" means a lease agreement in which the lessee: is a retail licensee; and pays the lessor: a base rent; and percentage rent. "Percentage rent" means a percentage: agreed upon between a …

32B-1-301. Title. This part is known as "Qualifications and Background."

32B-1-302. Definitions. Reserved

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: within seven years before the day on which the department employs the person, a felony under a federal law or state law; within fo…

32B-1-304. Qualifications for a package agency, license, or permit -- Minors. (1) 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: within seven years before the day on which the commissi…

32B-1-305. Requirement for a background check. (1) The department shall require an individual listed in Subsection, in accordance with this part, to: (2) provide a signed waiver from the individual whose fingerprints may be registered in the Federal Bureau of Investigation Rap Ba…

32B-1-306. Use of information from a criminal background check. The commission or department may use information obtained pursuant to Sectiononly for one or more of the following purposes: (1) enforcing this title; (2) determining whether an individual is convicted of any of the …

32B-1-307. Background check procedure. (1) An individual described in Subsectionsthroughshall submit to a background check in a form acceptable to the department, including submitting fingerprints, at the expense of the individual. 32B-1-305(2)(b) (e) The department shall pay the…

32B-1-401. Title. This part is known as the "Proof of Age Act."

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 p…

32B-1-403. Unlawful transfer or use of proof of age -- False information. (1) It is unlawful for a person to transfer that person's proof of age to another person to aid that person: in procuring an alcoholic product; in gaining admittance to a restricted area; or in obtaining em…

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) an alcoholic product; admittance to a restricted area; or employment that under this tit…

32B-1-405. Additional requirements when age is in question. (1) In addition to requesting the presentation of proof of age under Section, an authorized person shall require an individual whose age is in question to sign a statement of age on the form provided under Subsectionthat…

32B-1-406. Acceptance of identification. (1) An authorized person may accept as evidence of the legal age of the individual presenting the following: proof of age; or if a statement of age is required under Section: 32B-1-405 proof of age; and a statement of age. (2) A statement …

32B-1-407. Verification of proof of age by applicable licensees. (1) As used in this section, "applicable licensee" means: a bar; a tavern; a full-service restaurant; a limited-service restaurant; a beer-only restaurant; or an off-premise beer retailer selling, offering for sale,…

32B-1-408. Penalty. (1) Unless otherwise provided in this title, including Section, a person who violates this part is guilty of a class B misdemeanor. 32B-4-411 (2) A person is not subject to a penalty for a violation of this part if it is proved to the commission or the court h…

32B-1-501. Title. This part is known as the "Attire, Conduct, and Entertainment Act."

32B-1-502. Purpose -- Application to other laws. (1) This part establishes reasonable and uniform time, place, and manner of operation requirements relating to attire, conduct, and sexually oriented entertainers on premises or at an event at which an alcoholic product is sold, of…

32B-1-503. Definitions. Reserved

32B-1-504. General requirements on attire and conduct. (1) As used in this section, "obscene" means that: the average individual, applying contemporary community standards, would find the conduct or material, taken as a whole, appeals to the prurient interest; the conduct or mate…

32B-1-505. Sexually oriented entertainer. (1) Subject to the requirements of this part, live entertainment is permitted on premises or at an event regulated by the commission. (2) Notwithstanding Subsection, a retail licensee or permittee may not permit a person to: (1) appear or…

32B-1-506. Compliance -- Administrative enforcement. (1) A retail licensee, a permittee, and staff of a licensee or permittee shall comply with this part. (2) Failure to comply with this part may result in a disciplinary proceeding pursuant to, against: Chapter 3, Disciplinary Ac…

32B-1-601. Title. This part is known as the "Malted Beverage Act."

32B-1-602. Definitions. As used in this part: (1) "Malted beverage" means: beer; a flavored malt beverage; and heavy beer. (2) "Packaging" means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container.

32B-1-603. Power of the commission and department to classify flavored malt beverages. (1) The commission and department shall regulate a flavored malt beverage as liquor. (2) The department shall make available to the public on the Internet a list of the flavored malt beverages …

32B-1-603.5. Requirements for beer flavorings -- Procedure for approval -- Department review. (1) A manufacturer of a beer that contains a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent as described in Subsectionmay not sell or distribute the beer in the stat…

32B-1-604. Requirements for labeling and packaging -- Authority of the commission and department. (1) A manufacturer may not distribute or sell a malted beverage: unless the label and packaging of the malted beverage: complies with the federal label requirements of 27 C.F.R., 13,…

32B-1-605. General procedure for approval. (1) To obtain approval of the label and packaging of a malted beverage, the manufacturer of the malted beverage shall submit an application to the department for approval. (2) The application described in Subsectionshall be on a form app…

32B-1-606. Special procedure for approval of labeling and packaging for certain malted beverages. (1) A manufacturer of a malted beverage may not distribute or sell the malted beverage in the state until the day on which the manufacturer receives approval of the labeling and pack…

32B-1-607. Rulemaking authority. (1) The commission may adopt rules necessary to implement this part. (2) Notwithstanding Subsectionsand (52), in accordance with, the commission may make rules that allow for a tolerance in the alcohol content of beer or heavy beer as follows: 32B…

32B-1-608. Disciplinary proceeding for violation. A person who violates this part: (1) is subject to a disciplinary proceeding under; and Chapter 3, Disciplinary Actions and Enforcement Act (2) may be subject to penalties under. Chapter 4, Criminal Offenses and Procedure Act

32B-1-701. Definitions. As used in this part: (1) "Off-premise retail manager" means an individual who manages operations at a premises that is licensed under. Chapter 7, Off-Premise Beer Retailer Act (2) "Off-premise retail staff" means an individual who sells beer at a premises…

32B-1-702. Alcohol training and education -- Revocation, suspension, or nonrenewal of retail license. (1) The commission may suspend, revoke, or not renew a license of a retail licensee if any of the following individuals fail to complete an alcohol training and education seminar…

32B-1-703. Alcohol training and education for off-premise consumption. (1) A local authority that issues an off-premise beer retailer license to a business to sell beer at retail for off-premise consumption shall require the following to have a valid record that the individual co…

32B-1-704. Department training programs. (1) The department shall develop the following training programs that are provided either in-person or online: a training program for retail managers that addresses: the statutes and rules that govern alcohol sales and consumption in the s…

32B-1-705. Tracking certain enforcement actions. (1) For each violation of a provision of this title involving the sale of an alcoholic product to a minor that staff of a retail licensee or off-premise beer retailer commits, the commission shall: maintain a record of the violatio…

32B-2-101. Title. This chapter is known as the "Alcoholic Beverage Services Administration Act."

32B-2-102. Definitions. Reserved