State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-10 > 32a-10-102-repealed-07-01-11

32A-10-102 (Repealed 07/01/11). General restrictions.
(1) (a) (i) A beer retailer licensed under this part or Part 2, On-Premise Beer RetailerLicenses, may not purchase, acquire, possess for the purpose of resale, or sell beer except thatwhich is lawfully purchased from:
(A) a wholesaler licensed under this title; or
(B) a small brewer that manufactures the beer.
(ii) Violation of Subsection (1)(a) is a class A misdemeanor.
(b) (i) A beer retailer shall purchase beer only from a licensed wholesaler who isauthorized by the commission to sell beer in the geographical area in which the beer retailer islocated, unless an alternate wholesaler is authorized by the department to sell to the beer retaileras provided in Section 32A-11-106.
(ii) Violation of Subsection (1)(b) is a class B misdemeanor.
(2) (a) Beer may not be sold, provided, or possessed for off-premise consumption in acontainer larger than two liters.
(b) For a special event that does not last longer than 30 days:
(i) an on-premise beer retailer license issued by the commission as provided in this partis not required for the sale of beer at the special event; and
(ii) a temporary beer permit must be obtained from the commission as provided in Part 3,Temporary Special Event Beer Permits.
(3) (a) A minor may not be granted a beer retailer license.
(b) The commission may not grant a beer retailer license to an applicant that is apartnership, corporation, or limited liability company if any of the following is a minor:
(i) a partner or managing agent of the applicant partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(4) A minor may not sell beer on the premises of a beer retailer for off-premiseconsumption unless:
(a) the sale is done under the supervision of a person 21 years of age or older who is onthe premises; and
(b) the minor is at least 16 years of age.
(5) (a) Subject to the other provisions of this Subsection (5), a beer retailer shall:
(i) display a beer sold by the retailer in an area that is visibly separate and distinct fromthe area where a nonalcoholic beverage is displayed; and
(ii) post a sign in the area described in Subsection (5)(a)(i) that:
(A) is prominent;
(B) is easily readable by a consumer;
(C) meets the requirements for format made by the commission by rule made inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(D) reads in print that is no smaller than .5 inches, bold type, "These beverages containalcohol. Please read the label carefully."
(b) Notwithstanding Subsection (5)(a), a nonalcoholic beverage may be displayed withbeer if the nonalcoholic beverage is labeled, packaged, or advertised as a nonalcoholic beer.
(c) The requirements of this Subsection (5) apply to a beer notwithstanding that it is

labeled, packaged, or advertised as:
(i) a malt cooler; or
(ii) a beverage that may provide energy.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall define by rule what constitutes an "area that is visibly separate and distinctfrom the area where a nonalcoholic beverage is displayed."
(e) A violation of this Subsection (5) is an infraction.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session