State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-101-repealed-07-01-11

32A-8-101 (Repealed 07/01/11). Commission's power to grant licenses --Limitations -- Exceptions.
(1) The commission may issue an alcoholic beverage manufacturing license to amanufacturer whose business is located in this state for the manufacture, storage, and sale ofalcoholic beverages for each type of license provided by this chapter.
(2) The type of manufacturing licenses issued under this chapter are known as a:
(a) winery license;
(b) distillery license; and
(c) brewery license.
(3) (a) Except as provided in Subsection (6), a person may not manufacture an alcoholicbeverage unless an alcoholic beverage manufacturing license is issued by the commission.
(b) A separate license is required for each place of manufacture, storage, and sale of analcoholic beverage.
(c) Violation of this Subsection (3) is a class B misdemeanor.
(4) (a) A brewer located outside the state is not required to be licensed under this chapter. (b) A brewer described in Subsection (4)(a) must obtain a certificate of approval from thedepartment before selling or delivering:
(i) beer to a licensed beer wholesaler in this state;
(ii) a flavored malt beverage to the department or a military installation; or
(iii) if a small brewer, beer to a licensed beer wholesaler or retailer in this state.
(c) A brewer seeking a certificate of approval shall file a written application with thedepartment, in a form prescribed by the department. The application shall be accompanied by:
(i) a nonrefundable $50 application fee;
(ii) an initial certificate of approval fee of $250 that is refundable if a certificate is notgranted;
(iii) evidence of authority from the United States Bureau of Alcohol, Tobacco, andFirearms to brew beer, heavy beer, or a flavored malt beverage; and
(iv) any other information or documents the department may require.
(d) (i) An application shall be signed and verified by oath or affirmation by:
(A) a partner if the brewer is a partnership; or
(B) an executive officer, manager, or person specifically authorized by a corporation orlimited liability company to sign the application.
(ii) The brewer filing an application shall attach to the application written evidence of theauthority of the person described in Subsection (4)(d)(i) to sign the application.
(e) (i) All certificates of approval expire on December 31 of each year.
(ii) A brewer desiring to renew its certificate shall submit a renewal fee of $200, and acompleted renewal application to the department no later than November 30 of the year thecertificate expires.
(iii) Failure to meet the renewal requirements results in an automatic forfeiture of thecertificate effective on the date the existing certificate expires.
(iv) A renewal application shall be in a form prescribed by the department.
(5) The commission may prescribe by policy, directive, or rule, consistent with this title,the general operational requirements of licensees relating to:
(a) physical facilities;
(b) conditions of sale, storage, or manufacture of alcoholic beverages;

(c) storage and sales quantity limitations; and
(d) other matters considered appropriate by the commission.
(6) (a) As used in this Subsection (6), "fermented alcoholic beverage" means:
(i) beer;
(ii) heavy beer; or
(iii) wine.
(b) An individual may without being licensed under this chapter manufacture in theindividual's personal residence a fermented alcoholic beverage if:
(i) the individual is 21 years of age or older;
(ii) the individual manufactures no more than:
(A) 100 gallons in a calendar year, if there is one individual that is 21 years of age orolder residing in the household; or
(B) 200 gallons in a calendar year, if there are two or more individuals who are 21 yearsof age or older residing in the household;
(iii) the fermented alcoholic beverage is manufactured and used for personal or familyuse and consumption, including use at an organized event where fermented alcoholic beveragesare judged as to taste and quality; and
(iv) the fermented alcoholic beverage is not for:
(A) sale or offering for sale; or
(B) consumption on a premise licensed by the commission.
(c) An individual may store a fermented alcoholic beverage manufactured as provided inSubsection (6)(b) in the individual's personal residence.
(d) A fermented alcoholic beverage manufactured in accordance with Subsection (6)(b)may be removed from the premises where it is manufactured:
(i) for personal or family use, including use at an organized event where fermentedalcoholic beverages are judged as to taste and quality;
(ii) if the fermented alcoholic beverage is transported in compliance with Section41-6a-526; and
(iii) if the fermented alcoholic beverage is removed only in the following quantities:
(A) for personal and family use that is unrelated to an organized event where fermentedalcoholic beverages are judged as to taste and quality, the quantity that may be possessed at onetime is:
(I) one liter of wine for each individual who is 21 years of age or older residing in thehousehold;
(II) 72 ounces of heavy beer for each individual who is 21 years of age or older residingin the household; or
(III) 72 ounces of beer for each individual who is 21 years of age or older residing in thehousehold; and
(B) for on-premise consumption at an organized event where fermented alcoholicbeverages are judged as to taste and quality, the quantity that may be removed for each organizedevent is:
(I) one liter of wine for each wine category in which the individual enters, except that theindividual may not remove wine for more than three categories for the same organized event;
(II) 72 ounces of heavy beer for each heavy beer category in which the individual enters,except that the individual may not remove heavy beer for more than three categories for the same

organized event; or
(III) 72 ounces of beer for each beer category in which the individual enters, except thatthe individual may not remove beer for more than three categories for the same organized event.
(e) A partnership, corporation, or association may not manufacture a fermented alcoholicbeverage under this Subsection (6) for personal or family use and consumption without obtaininga license under this chapter, except that an individual who operates a brewery under this chapteras an individual owner or in partnership with others, may remove beer from the brewery forpersonal or family use in the amounts described in Subsection (6)(b)(ii).

Amended by Chapter 160, 2009 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 356, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-101-repealed-07-01-11

32A-8-101 (Repealed 07/01/11). Commission's power to grant licenses --Limitations -- Exceptions.
(1) The commission may issue an alcoholic beverage manufacturing license to amanufacturer whose business is located in this state for the manufacture, storage, and sale ofalcoholic beverages for each type of license provided by this chapter.
(2) The type of manufacturing licenses issued under this chapter are known as a:
(a) winery license;
(b) distillery license; and
(c) brewery license.
(3) (a) Except as provided in Subsection (6), a person may not manufacture an alcoholicbeverage unless an alcoholic beverage manufacturing license is issued by the commission.
(b) A separate license is required for each place of manufacture, storage, and sale of analcoholic beverage.
(c) Violation of this Subsection (3) is a class B misdemeanor.
(4) (a) A brewer located outside the state is not required to be licensed under this chapter. (b) A brewer described in Subsection (4)(a) must obtain a certificate of approval from thedepartment before selling or delivering:
(i) beer to a licensed beer wholesaler in this state;
(ii) a flavored malt beverage to the department or a military installation; or
(iii) if a small brewer, beer to a licensed beer wholesaler or retailer in this state.
(c) A brewer seeking a certificate of approval shall file a written application with thedepartment, in a form prescribed by the department. The application shall be accompanied by:
(i) a nonrefundable $50 application fee;
(ii) an initial certificate of approval fee of $250 that is refundable if a certificate is notgranted;
(iii) evidence of authority from the United States Bureau of Alcohol, Tobacco, andFirearms to brew beer, heavy beer, or a flavored malt beverage; and
(iv) any other information or documents the department may require.
(d) (i) An application shall be signed and verified by oath or affirmation by:
(A) a partner if the brewer is a partnership; or
(B) an executive officer, manager, or person specifically authorized by a corporation orlimited liability company to sign the application.
(ii) The brewer filing an application shall attach to the application written evidence of theauthority of the person described in Subsection (4)(d)(i) to sign the application.
(e) (i) All certificates of approval expire on December 31 of each year.
(ii) A brewer desiring to renew its certificate shall submit a renewal fee of $200, and acompleted renewal application to the department no later than November 30 of the year thecertificate expires.
(iii) Failure to meet the renewal requirements results in an automatic forfeiture of thecertificate effective on the date the existing certificate expires.
(iv) A renewal application shall be in a form prescribed by the department.
(5) The commission may prescribe by policy, directive, or rule, consistent with this title,the general operational requirements of licensees relating to:
(a) physical facilities;
(b) conditions of sale, storage, or manufacture of alcoholic beverages;

(c) storage and sales quantity limitations; and
(d) other matters considered appropriate by the commission.
(6) (a) As used in this Subsection (6), "fermented alcoholic beverage" means:
(i) beer;
(ii) heavy beer; or
(iii) wine.
(b) An individual may without being licensed under this chapter manufacture in theindividual's personal residence a fermented alcoholic beverage if:
(i) the individual is 21 years of age or older;
(ii) the individual manufactures no more than:
(A) 100 gallons in a calendar year, if there is one individual that is 21 years of age orolder residing in the household; or
(B) 200 gallons in a calendar year, if there are two or more individuals who are 21 yearsof age or older residing in the household;
(iii) the fermented alcoholic beverage is manufactured and used for personal or familyuse and consumption, including use at an organized event where fermented alcoholic beveragesare judged as to taste and quality; and
(iv) the fermented alcoholic beverage is not for:
(A) sale or offering for sale; or
(B) consumption on a premise licensed by the commission.
(c) An individual may store a fermented alcoholic beverage manufactured as provided inSubsection (6)(b) in the individual's personal residence.
(d) A fermented alcoholic beverage manufactured in accordance with Subsection (6)(b)may be removed from the premises where it is manufactured:
(i) for personal or family use, including use at an organized event where fermentedalcoholic beverages are judged as to taste and quality;
(ii) if the fermented alcoholic beverage is transported in compliance with Section41-6a-526; and
(iii) if the fermented alcoholic beverage is removed only in the following quantities:
(A) for personal and family use that is unrelated to an organized event where fermentedalcoholic beverages are judged as to taste and quality, the quantity that may be possessed at onetime is:
(I) one liter of wine for each individual who is 21 years of age or older residing in thehousehold;
(II) 72 ounces of heavy beer for each individual who is 21 years of age or older residingin the household; or
(III) 72 ounces of beer for each individual who is 21 years of age or older residing in thehousehold; and
(B) for on-premise consumption at an organized event where fermented alcoholicbeverages are judged as to taste and quality, the quantity that may be removed for each organizedevent is:
(I) one liter of wine for each wine category in which the individual enters, except that theindividual may not remove wine for more than three categories for the same organized event;
(II) 72 ounces of heavy beer for each heavy beer category in which the individual enters,except that the individual may not remove heavy beer for more than three categories for the same

organized event; or
(III) 72 ounces of beer for each beer category in which the individual enters, except thatthe individual may not remove beer for more than three categories for the same organized event.
(e) A partnership, corporation, or association may not manufacture a fermented alcoholicbeverage under this Subsection (6) for personal or family use and consumption without obtaininga license under this chapter, except that an individual who operates a brewery under this chapteras an individual owner or in partnership with others, may remove beer from the brewery forpersonal or family use in the amounts described in Subsection (6)(b)(ii).

Amended by Chapter 160, 2009 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 356, 2009 General Session


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-101-repealed-07-01-11

32A-8-101 (Repealed 07/01/11). Commission's power to grant licenses --Limitations -- Exceptions.
(1) The commission may issue an alcoholic beverage manufacturing license to amanufacturer whose business is located in this state for the manufacture, storage, and sale ofalcoholic beverages for each type of license provided by this chapter.
(2) The type of manufacturing licenses issued under this chapter are known as a:
(a) winery license;
(b) distillery license; and
(c) brewery license.
(3) (a) Except as provided in Subsection (6), a person may not manufacture an alcoholicbeverage unless an alcoholic beverage manufacturing license is issued by the commission.
(b) A separate license is required for each place of manufacture, storage, and sale of analcoholic beverage.
(c) Violation of this Subsection (3) is a class B misdemeanor.
(4) (a) A brewer located outside the state is not required to be licensed under this chapter. (b) A brewer described in Subsection (4)(a) must obtain a certificate of approval from thedepartment before selling or delivering:
(i) beer to a licensed beer wholesaler in this state;
(ii) a flavored malt beverage to the department or a military installation; or
(iii) if a small brewer, beer to a licensed beer wholesaler or retailer in this state.
(c) A brewer seeking a certificate of approval shall file a written application with thedepartment, in a form prescribed by the department. The application shall be accompanied by:
(i) a nonrefundable $50 application fee;
(ii) an initial certificate of approval fee of $250 that is refundable if a certificate is notgranted;
(iii) evidence of authority from the United States Bureau of Alcohol, Tobacco, andFirearms to brew beer, heavy beer, or a flavored malt beverage; and
(iv) any other information or documents the department may require.
(d) (i) An application shall be signed and verified by oath or affirmation by:
(A) a partner if the brewer is a partnership; or
(B) an executive officer, manager, or person specifically authorized by a corporation orlimited liability company to sign the application.
(ii) The brewer filing an application shall attach to the application written evidence of theauthority of the person described in Subsection (4)(d)(i) to sign the application.
(e) (i) All certificates of approval expire on December 31 of each year.
(ii) A brewer desiring to renew its certificate shall submit a renewal fee of $200, and acompleted renewal application to the department no later than November 30 of the year thecertificate expires.
(iii) Failure to meet the renewal requirements results in an automatic forfeiture of thecertificate effective on the date the existing certificate expires.
(iv) A renewal application shall be in a form prescribed by the department.
(5) The commission may prescribe by policy, directive, or rule, consistent with this title,the general operational requirements of licensees relating to:
(a) physical facilities;
(b) conditions of sale, storage, or manufacture of alcoholic beverages;

(c) storage and sales quantity limitations; and
(d) other matters considered appropriate by the commission.
(6) (a) As used in this Subsection (6), "fermented alcoholic beverage" means:
(i) beer;
(ii) heavy beer; or
(iii) wine.
(b) An individual may without being licensed under this chapter manufacture in theindividual's personal residence a fermented alcoholic beverage if:
(i) the individual is 21 years of age or older;
(ii) the individual manufactures no more than:
(A) 100 gallons in a calendar year, if there is one individual that is 21 years of age orolder residing in the household; or
(B) 200 gallons in a calendar year, if there are two or more individuals who are 21 yearsof age or older residing in the household;
(iii) the fermented alcoholic beverage is manufactured and used for personal or familyuse and consumption, including use at an organized event where fermented alcoholic beveragesare judged as to taste and quality; and
(iv) the fermented alcoholic beverage is not for:
(A) sale or offering for sale; or
(B) consumption on a premise licensed by the commission.
(c) An individual may store a fermented alcoholic beverage manufactured as provided inSubsection (6)(b) in the individual's personal residence.
(d) A fermented alcoholic beverage manufactured in accordance with Subsection (6)(b)may be removed from the premises where it is manufactured:
(i) for personal or family use, including use at an organized event where fermentedalcoholic beverages are judged as to taste and quality;
(ii) if the fermented alcoholic beverage is transported in compliance with Section41-6a-526; and
(iii) if the fermented alcoholic beverage is removed only in the following quantities:
(A) for personal and family use that is unrelated to an organized event where fermentedalcoholic beverages are judged as to taste and quality, the quantity that may be possessed at onetime is:
(I) one liter of wine for each individual who is 21 years of age or older residing in thehousehold;
(II) 72 ounces of heavy beer for each individual who is 21 years of age or older residingin the household; or
(III) 72 ounces of beer for each individual who is 21 years of age or older residing in thehousehold; and
(B) for on-premise consumption at an organized event where fermented alcoholicbeverages are judged as to taste and quality, the quantity that may be removed for each organizedevent is:
(I) one liter of wine for each wine category in which the individual enters, except that theindividual may not remove wine for more than three categories for the same organized event;
(II) 72 ounces of heavy beer for each heavy beer category in which the individual enters,except that the individual may not remove heavy beer for more than three categories for the same

organized event; or
(III) 72 ounces of beer for each beer category in which the individual enters, except thatthe individual may not remove beer for more than three categories for the same organized event.
(e) A partnership, corporation, or association may not manufacture a fermented alcoholicbeverage under this Subsection (6) for personal or family use and consumption without obtaininga license under this chapter, except that an individual who operates a brewery under this chapteras an individual owner or in partnership with others, may remove beer from the brewery forpersonal or family use in the amounts described in Subsection (6)(b)(ii).

Amended by Chapter 160, 2009 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 356, 2009 General Session


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.