reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 201 - Commission's power to issue special use permit.

32B-10-201.
Commission's power to issue special use permit.
(1) Before a person may purchase, use, store, sell, offer for sale, allow consumption, or manufacture an alcoholic product in a manner that requires a special use permit, the person shall first obtain a special use permit in accordance with this chapter.
(2)
(a) The commission may issue a special use permit for the purchase, use, storage, sale, offer for sale, consumption, or manufacture of an alcoholic product for a limited purpose specified by this chapter and the rules of the commission.
(b) A special use permit authorizes the special use permittee to purchase, use, store, sell, offer for sale, consume, or manufacture an alcoholic product only in the quantity, in a type, and for a purpose stated in the special use permit.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 202 - Application for special use permit -- Qualifications.

32B-10-202.
Application for special use permit -- Qualifications.
(1) To obtain a special use permit, a person shall submit to the department:
(a) a written application in a form prescribed by the department;
(b) a nonrefundable application fee, if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies;
(c) an initial permit fee:
(i) if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies; and
(ii) that is refundable if a special use permit is not issued;
(d) a one-time special use permit fee if required by a section of this chapter:
(i) applicable to the type of special use permit for which the person applies; and
(ii) that is refundable if a special use permit is not issued;
(e) a statement of the purpose for which the person applies for the special use permit;
(f) a description of the types of alcoholic product the person intends to use under authority of the special use permit;
(g) written consent of the local authority;
(h) if required, a bond as provided in Section 32B-10-205;
(i) a floor plan of the immediate area within the premises in which the person proposes that an alcoholic product will be used, mixed, stored, sold, or consumed if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies;
(j) a signed consent form stating that the special use permittee will permit any authorized representative of the commission, department, or any other law enforcement officer to have unrestricted right to enter the special use permittee's premises;
(k) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(l) any other information the commission or department may require.
(2)
(a) The commission may issue a special use permit only to a person who qualifies as follows:
(i) the commission may issue a religious wine use permit to a religious organization;
(ii) the commission may issue an industrial or manufacturing use permit to a person engaged in an industrial or manufacturing pursuit;
(iii) the commission may issue a scientific or educational use permit to a person engaged in a scientific or educational pursuit; and
(iv) the commission may issue a public service permit to an operator of an airline, railroad, or other public conveyance.
(b) The commission may not issue a special use permit to a person who is disqualified under Section 32B-1-304.
(c) If a person to whom a special use permit is issued no longer possesses the qualifications required by this title for obtaining that special use permit, the commission may suspend or revoke that special use permit.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 203 - Renewal of special use permit.

32B-10-203.
Renewal of special use permit.
(1) A special use permit expires on December 31 of each year unless otherwise provided on the special use permit.
(2) To renew a renewable special use permit, a person shall submit a completed renewal application to the department:
(a) no later than November 30; and
(b) in a form prescribed by the department.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of the special use permit, effective on the date the existing special use permit expires.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 204 - Duties of commission and department before issuing special use permit.

32B-10-204.
Duties of commission and department before issuing special use permit.
(1)
(a) Before the commission issues a special use permit, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a special use permit should be issued.
(b) The department shall forward the information it gathers and its recommendations to the commission to aid in the commission's determination.
(2) Before issuing a special use permit, the commission shall:
(a) determine that the person filed a complete application and is in compliance with:
(i) Section 32B-10-202; and
(ii) the relevant part under this chapter that applies to the special use permit for which the person is applying;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished such as:
(i) the condition of the premises;
(ii) public visibility; and
(iii) safety considerations;
(d) consider the person's ability to properly use the special use permit within the requirements of this title and the commission rules including:
(i) the proposed use of the special use permit; and
(ii) the nature and type of person making use of the special use permit;
(e) consider specific factors regarding the specific type of special use permit sought by the person;
(f) approve of the location and equipment used by the person to distill alcohol for experimental testing purposes or use as a fuel; and
(g) consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 205 - Bond for special use permit.

32B-10-205.
Bond for special use permit.
(1) A special use permittee shall post a cash bond or surety bond only if the relevant part under this chapter for the type of special use permit requires posting of a bond.
(2)
(a) If a special use permittee is required to post a bond as provided in Subsection (1), the special use permittee shall procure and maintain the bond for as long as the special use permittee continues to operate under the special use permit.
(b) A bond required under this section shall be:
(i) in a form approved by the attorney general; and
(ii) conditioned upon the special use permittee's faithful compliance with this title and the rules of the commission.
(3) If a surety bond posted by a special use permittee under this section is canceled due to a special use permittee's negligence, the department may assess a $300 reinstatement fee.
(4) No part of a bond posted by a special use permittee under this section may be withdrawn during the period that the special use permit is in effect.
(5)
(a) A bond posted by a special use permittee under this section may be forfeited if the special use permit is revoked.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a special use permittee for money owed the department under this title without the commission first revoking the special use permit.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 2 - Special Use Permitting General Provisions › Section 207 - Notifying department of change of ownership.

32B-10-207.
Notifying department of change of ownership.
The commission may suspend or revoke a special use permit if a special use permittee does not immediately notify the department of a change in:
(1) ownership of the permittee's business;
(2) for a corporate owner, the:
(a) corporate officers or directors; or
(b) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or
(3) for a limited liability company:
(a) managers; or
(b) members owning at least 20% of the limited liability company.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 3 - Public Service Permit › Section 302 - Definitions.

Effective 8/31/2020
32B-10-302.
Definitions.
As used in this part, "hospitality room" means a room or facility:
(1) that a public service permittee operates; and
(2) in which an alcoholic product is sold, offered for sale, furnished, or consumed.
Amended by Chapter 6, 2020 Special Session 6
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 3 - Public Service Permit › Section 303 - Specific application and renewal requirements for public service permit.

Effective 8/31/2020
32B-10-303.
Specific application and renewal requirements for public service permit.
(1) To obtain a public service permit, in addition to complying with Section 32B-10-202, a person shall submit to the department:
(a) a statement of the total of regularly numbered flights, trains, buses, boats, or other types of public conveyance for which the person plans to use the special use permit;
(b) a floor plan of any room or facility in which the person plans to establish a hospitality room; and
(c) evidence of proximity of a proposed hospitality room to the arrival and departure area used by a person traveling on the person's airline, railroad, bus, boat, or other public conveyance.
(2)
(a) The nonrefundable application fee for a public service permit is $75.
(b) The initial permit fee for a public service permit is $250.
(c) The bond amount required for a public service permittee is the penal sum of $1,000.
(3)
(a) To renew a public service permit, a person shall comply with Section 32B-10-203.
(b) The renewal fee for a public service permit is $30 for each regularly numbered passenger airplane flight, passenger train, bus, boat, or any other regularly scheduled public conveyance upon which an alcoholic product is sold, offered for sale, or furnished.
Amended by Chapter 6, 2020 Special Session 6
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 3 - Public Service Permit › Section 305 - Change in location request for a public service permit.

Effective 8/31/2020
32B-10-305.
Change in location request for a public service permit.
(1) A public service permittee operating at an international airport may request a change in location within the international airport, if the international airport requires the public service permittee to relocate to another location within the international airport.
(2) To request a change in location, a public service permittee described in Subsection (1) shall, in a manner prescribed by the department, submit to the department:
(a) a statement of the total number of regularly numbered flights for which the public service permittee plans to use the special use permit;
(b) a floor plan of any room or facility in which the public service permittee plans to establish a hospitality room;
(c) evidence of the proximity of each proposed hospitality room to the arrival and departure area used by a person traveling the public service permittee's airline; and
(d) any other information the department requires.
(3)
(a) Before approving a public service permittee's request to change location at an international airport, the commission shall:
(i) determine that the public service permittee filed a complete change in location request, as described in Subsection (2);
(ii) determine that the public service permittee is in compliance with this chapter and part;
(iii) consider the physical characteristics of the premises where an alcoholic product is proposed to be used, mixed, stored, sold, offered for sale, or furnished, including:
(A) the conditions of the premises;
(B) public visibility; and
(C) safety considerations; and
(iv) consider any other factor the commission considers necessary.
(b) The commission may delegate to the department:
(i) the authority to approve a change in location for a public service permittee at an international airport; and
(ii) the duties described in this Subsection (3).
(4) Upon commission approval of the public service permittee's request to change location, the public service permittee shall move to the newly approved location within the international airport.
Enacted by Chapter 6, 2020 Special Session 6
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 4 - Industrial or Manufacturing Use Permit › Section 403 - Specific application requirements for industrial or manufacturing use permit.

32B-10-403.
Specific application requirements for industrial or manufacturing use permit.
(1) To obtain an industrial or manufacturing use permit, in addition to complying with Section 32B-10-202, a person shall submit to the department:
(a) a floor plan of the immediate area within the premises in which the person proposes that an alcoholic product be used, mixed, stored, sold, offered for sale, furnished, or consumed; and
(b) if the person is applying for an industrial or manufacturing use permit to produce gasohol or any alcoholic product, evidence that the person has:
(i) an approved Notice of Registration of Distilled Spirits Plant; and
(ii) the appropriate permit from the federal Alcohol and Tobacco Tax and Trade Bureau.
(2)
(a) The nonrefundable application fee for an industrial or manufacturing use permit is $75.
(b) The one-time special use permit fee for an industrial or manufacturing use permit is $250.
(c) The bond amount required for an industrial or manufacturing use permit is the penal sum of $1,000.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 4 - Industrial or Manufacturing Use Permit › Section 404 - Specific operational requirements for industrial or manufacturing use permit.

32B-10-404.
Specific operational requirements for industrial or manufacturing use permit.
(1)
(a) In addition to complying with Section 32B-10-206, an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) an industrial or manufacturing use permittee;
(ii) individual staff of an industrial or manufacturing use permittee; or
(iii) an industrial or manufacturing use permittee and staff of the industrial or manufacturing use permittee.
(2) An industrial or manufacturing use permittee may produce for lawful use and sale the following:
(a) vinegar;
(b) preserved nonintoxicating cider;
(c) a food preparation;
(d) a United States Pharmacopoeia or national formulary preparation in conformity with Title 58, Chapter 17b, Pharmacy Practice Act, Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, and Chapter 37c, Utah Controlled Substance Precursor Act, if the preparation:
(i) conforms to standards established by:
(A) the Department of Agriculture and Food; and
(B) the Department of Health; and
(ii) contains no more alcohol than is necessary to preserve or extract the medicinal, flavoring, or perfumed properties of the treated substances; and
(e) wood and denatured alcohol if manufactured in compliance with the formulas and regulations under Title 27, C.F.R. Parts 19, 20, and 21.
(3)
(a) An industrial or manufacturing use permittee that produces patent or proprietary medicines containing alcohol may sell or offer for sale the medicines in the original and unbroken container if the medicine contains sufficient medication to prevent its use as an alcoholic product.
(b) An industrial or manufacturing use permittee described in this Subsection (3) shall, upon request by the department, provide a sufficient sample of the medicine to enable the department to have the medicine analyzed for purposes of this section.
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 5 - Scientific or Educational Use Permit › Section 503 - Specific application requirements for scientific or educational use permit.

32B-10-503.
Specific application requirements for scientific or educational use permit.
(1) To obtain a scientific or educational use permit, a person shall comply with Section 32B-10-202.
(2) The one-time special use permit fee for a scientific or educational use permit is $125.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 6 - Religious Use of Alcoholic Products › Section 603 - Specific application requirements for religious wine use permit.

32B-10-603.
Specific application requirements for religious wine use permit.
(1) To purchase an alcoholic product from the department at the department's cost plus freight charges, a religious organization shall obtain a religious wine use permit.
(2) To obtain a religious wine permit, a person shall comply with Section 32B-10-202.
(3) The one-time special use permit fee for a religious wine use permit is $125.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 6 - Religious Use of Alcoholic Products › Section 604 - Specific operational requirements for religious wine use permit.

32B-10-604.
Specific operational requirements for religious wine use permit.
(1)
(a) In addition to complying with Section 32B-10-206, a religious wine permittee and staff of the religious wine permittee shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a religious wine permittee;
(ii) individual staff of a religious wine permittee; or
(iii) a religious wine permittee and staff of the religious wine permittee.
(2) A religious wine use permittee may purchase wine from a state store as the department may designate at the department's cost plus freight charges.
(3) A religious wine use permittee may not use wine purchased under a religious wine use permit for a purpose other than a religious purpose.
Amended by Chapter 369, 2012 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 6 - Religious Use of Alcoholic Products › Section 605 - Religious organization exemption.

Effective 5/12/2020
32B-10-605.
Religious organization exemption.
(1) A religious organization that provides or allows to be provided an alcoholic product to a person as part of the religious organization's religious services:
(a) does not violate this title by providing or allowing the provision of an alcoholic product as part of a religious service; and
(b) is not required to hold a license or special use permit to provide or allow the provision of an alcoholic product for religious services.
(2) This exemption does not exempt a religious organization from complying with this title with respect to an alcoholic product purchased by the religious organization for a purpose other than the purpose stated in Subsection (1).
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 7 - Health Care Facility or Practitioner Use of Alcoholic Products › Section 701 - Title.

32B-10-701.
Title.
This part is known as "Health Care Facility or Practitioner Use of Alcoholic Products."
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 7 - Health Care Facility or Practitioner Use of Alcoholic Products › Section 702 - Definitions.

Effective 5/3/2023
32B-10-702.
Definitions.
As used in this part, "health care facility" means a facility that is licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 7 - Health Care Facility or Practitioner Use of Alcoholic Products › Section 703 - Health care facility exemption.

32B-10-703.
Health care facility exemption.
(1)
(a) This Subsection (1) applies to a health care facility that administers or allows to be administered an alcoholic product to a patient of the health care facility if the alcoholic product is prescribed by a person licensed by the state to write a prescription.
(b) A health care facility described in Subsection (1)(a):
(i) is not in violation of this title; and
(ii) is not required to hold a license or special use permit to make or allow the administration of an alcoholic product.
(2) This exemption does not apply to an alcoholic product purchased by a health care facility for administration to a patient or a use other than one stated in Subsection (1).
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 10 - Special Use Permit Act › Part 7 - Health Care Facility or Practitioner Use of Alcoholic Products › Section 704 - Health care practitioner exemption.

32B-10-704.
Health care practitioner exemption.
(1) This section applies to an individual who:
(a)
(i) is a health care practitioner; or
(ii) is a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act;
(b) is acting within the scope of individual's professional responsibility; and
(c) in a professional capacity, prescribes, prepares, or administers an alcoholic product to a person being treated or within the scope of the health care practitioner's license authority.
(2) A person described in Subsection (1):
(a) is not in violation of this title; and
(b) is not required to hold any type of license or permit to use an alcoholic product professionally.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 203 - Application requirements for a manufacturing license.

32B-11-203.
Application requirements for a manufacturing license.
To obtain an alcoholic product manufacturing license, a person shall submit to the department:
(1) a written application in a form prescribed by the department;
(2) a nonrefundable application fee of $300;
(3) an initial license fee of $3,800:
(a) unless otherwise provided in this chapter; and
(b) that is refundable if a license is not issued;
(4) written consent of the local authority;
(5) a statement of the purpose for which the person has applied for the manufacturing license;
(6) evidence that the person is authorized by the United States to manufacture an alcoholic product;
(7) a bond as specified by Section 32B-11-207;
(8) evidence that the person is carrying public liability insurance in an amount and form satisfactory to the department;
(9) a signed consent form stating that the manufacturing licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the licensed premises;
(10) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(11) any other information the commission or department may require.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 204 - Renewal requirements for a manufacturing license.

32B-11-204.
Renewal requirements for a manufacturing license.
(1) A manufacturing license expires on December 31 of each year.
(2) To renew a manufacturing license, a person shall submit by no later than November 30 of the year the license expires:
(a) a completed renewal application to the department, in a form prescribed by the department; and
(b) a renewal fee in the following amount of:
(i) $2,900, except for a wine manufacturing license described in Subsection (2)(b)(ii); or
(ii) $1,400 for a winery manufacturing license if the winery manufacturing licensee produces less than 20,000 gallons of wine in the calendar year preceding the year in which the manufacturing licensee seeks renewal.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of a manufacturing license effective on the date the existing manufacturing license expires.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 205 - Specific qualifications for a manufacturing license.

32B-11-205.
Specific qualifications for a manufacturing license.
(1) The commission may not issue a manufacturing license to a person who:
(a) is disqualified under Section 32B-1-304; or
(b) has not met an applicable federal requirement for the operation of a winery, distillery, or brewery.
(2) If a person to whom a manufacturing license is issued under this chapter no longer possesses the qualifications required by this title for obtaining that manufacturing license, the commission may suspend or revoke that manufacturing license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 206 - Duties of commission and department before issuing manufacturing license.

32B-11-206.
Duties of commission and department before issuing manufacturing license.
(1)
(a) Before the commission may issue a manufacturing license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a manufacturing license should be issued.
(b) The department shall forward to the commission the information and recommendations under Subsection (1)(a) to aid in the commission's determination.
(2) Before issuing a manufacturing license, the commission shall:
(a) determine that the person filed a complete application and is in compliance with:
(i) Sections 32B-11-203 and 32B-11-205; and
(ii) the relevant part under this chapter for the specific type of manufacturing license;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where an alcoholic product is proposed to be stored, mixed, or manufactured such as:
(i) condition of the premises; and
(ii) safety and security considerations;
(d) consider the person's ability to properly use the manufacturing license within the requirements of this title and the commission rules including:
(i) manufacturing capacity;
(ii) extent of product distribution; and
(iii) the nature and type of entity making use of the manufacturing license;
(e) consider any special factor as provided in this chapter that may be unique to the specific type of manufacturing license sought by the person;
(f) approve of the location and equipment used by the person to manufacture an alcoholic product; and
(g) consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 207 - Bond for manufacturing license.

32B-11-207.
Bond for manufacturing license.
(1)
(a) A manufacturing licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department.
(b) A manufacturing licensee shall procure and maintain a bond required by this section for as long as the manufacturing licensee continues to operate as a manufacturing licensee.
(2) A bond posted under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon a manufacturing licensee's faithful compliance with this title and the rules of the commission.
(3) If a surety bond posted by a manufacturing licensee under this section is cancelled due to a manufacturing licensee's negligence, the department may assess a $300 reinstatement fee.
(4) No part of a bond posted under this section may be withdrawn during the period the manufacturing license is in effect.
(5)
(a) A bond posted by a manufacturing licensee under this section may be forfeited if the manufacturing license is revoked.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a manufacturing licensee for money owed the department under this title without the commission first revoking the manufacturing license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 208 - General operational requirements for manufacturing license.

Effective 6/1/2022
32B-11-208.
General operational requirements for manufacturing license.
(1)
(a) A manufacturing licensee and staff of the manufacturing licensee shall comply with this title and the rules of the commission, including the relevant part of this chapter applicable to the type of manufacturing license held by the manufacturing licensee.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a manufacturing licensee;
(ii) individual staff of a manufacturing licensee; or
(iii) a manufacturing licensee and staff of the manufacturing licensee.
(2) A manufacturing licensee shall prominently display the manufacturing license on the licensed premises.
(3)
(a) A manufacturing licensee shall make and maintain the records required by the department.
(b) Section 32B-1-205 applies to a record required to be made or maintained in accordance with this Subsection (3).
(4) A manufacturing licensee may not sell liquor within the state except to:
(a) the department; or
(b) a military installation.
(5) A manufacturing license may not be transferred from one location to another location, except as provided in Chapter 18, Part 3, Alcohol License Change of Location.
(6)
(a) A manufacturing licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to another person, whether for monetary gain or not, except as provided in Chapter 18, Part 2, Alcohol License Changes of Ownership.
(b) A manufacturing license has no monetary value for any type of disposition.
(7) A manufacturing licensee may not advertise the manufacturing licensee's product in violation of this title or any other federal or state law, except that nothing in this title prohibits the advertising or solicitation of an order for industrial alcohol from a holder of a special use permit.
(8) A manufacturing licensee shall from time to time, on request of the department, furnish for analytical purposes a sample of the alcoholic product that the manufacturing licensee has:
(a) for sale; or
(b) in the course of manufacture for sale in this state.
(9) The commission may prescribe by policy or rule, consistent with this title, the general operational requirements of a manufacturing licensee relating to:
(a) physical facilities;
(b) conditions of storage, sale, or manufacture of an alcoholic product;
(c) storage and sales quantity limitations; and
(d) other matters considered appropriate by the commission.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 2 - Manufacturing Licensing General Provisions › Section 209 - Notifying department of change in ownership.

Effective 5/3/2023
32B-11-209.
Notifying department of change in ownership.
The commission may suspend, revoke, or deem forfeited a manufacturing license if the manufacturing licensee does not immediately notify the department of a change in:
(1) ownership of the manufacturing licensee;
(2) for a corporate owner, the:
(a) corporate officers or directors; or
(b) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or
(3) for a limited liability company:
(a) managers; or
(b) members owning at least 20% of the limited liability company.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 5 - Brewery Manufacturing License › Section 504 - Department's authority regarding small-brewer status.

Effective 6/1/2022
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 manufacturers.
(2) The department may revoke a brewer's small-brewer status at any time, if the department determines the brewer does not qualify as a small brewer.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 603 - Commission's power to issue local industry representative license.

32B-11-603.
Commission's power to issue local industry representative license.
(1)
(a) Before a person described in Subsection (2) may represent an alcoholic product of a manufacturer, supplier, or importer, the person shall obtain a local industry representative license from the commission in accordance with this part.
(b) A violation of this Subsection (1) is a class B misdemeanor.
(2) The commission may issue a local industry representative license to a person who is:
(a)
(i) an individual resident of Utah;
(ii) a Utah partnership;
(iii) a Utah corporation; or
(iv) a Utah limited liability company; and
(b) employed by a manufacturer, supplier, or importer, to represent a liquor product with the department, a package agency, licensee, or permittee under this title, whether compensated by salary, commission, or another means.
(3) An individual staff member of a local industry representative licensee is not required to be separately licensed.
(4) A local industry representative may represent more than one manufacturer, supplier, or importer at a time.
(5)
(a) A manufacturer, supplier, or importer is not required to use a local industry representative to represent its products with the department, a package agency, licensee, or permittee, except that staff of a manufacturer, supplier, or importer who is not a local industry representative shall register with the department, on a form provided by the department, before the staff represents an alcoholic product while in the state with the department, a package agency, licensee, or permittee.
(b) A manufacturer, supplier, or importer described in Subsection (5)(a) and its staff are subject to the same operational requirements of this part and Chapter 4, Criminal Offenses and Procedure Act.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 604 - Application for local industry representative license.

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) a written application in a form prescribed by the department;
(b) a nonrefundable $75 application fee;
(c) an initial license fee of $125, which is refundable if a local industry representative license is not issued;
(d) verification that the person is:
(i) a resident of Utah;
(ii) a Utah partnership;
(iii) a Utah corporation; or
(iv) a Utah limited liability company;
(e) an affidavit stating the name and address of any manufacturer, supplier, or importer the person will represent;
(f) a signed consent form stating that the local industry representative will permit any authorized representative of the commission, department, or any law enforcement officer to have an unrestricted right to enter, during normal business hours, the specific premises where the local industry representative conducts business;
(g) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(h) any other information the commission or department may require.
(2) A local industry representative licensee is not required to pay an additional license fee to represent more than one manufacturer, supplier, or importer.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 605 - Renewal requirements for local industry representative 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 of the year the license expires:
(a) a completed renewal application in a form prescribed by the department;
(b) a renewal fee of $125; and
(c) an affidavit stating the name and address of any manufacturer, supplier, or importer the local industry representative licensee represents at the time of submitting the renewal application.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of the local industry representative license effective on the date the existing local industry representative license expires.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 606 - Specific qualifications for local industry representative.

32B-11-606.
Specific qualifications for local industry representative.
(1) The commission may not issue a local industry representative license to:
(a) a person who is disqualified under Section 32B-1-304; or
(b) unless otherwise provided:
(i) a retail licensee that sells, offers for sale, or furnishes liquor;
(ii) staff of a retail licensee that sells, offers for sale, or furnishes liquor; or
(iii) an individual, partnership, corporation, or limited liability company who holds an interest in a retail licensee that sells, offers for sale, or furnishes liquor.
(2) If a person to whom a local industry representative license is issued under this part no longer possesses the qualifications required by this title for obtaining that local industry representative license, the commission may suspend or revoke that local industry representative license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 607 - Commission and department duties before issuing local representative license.

32B-11-607.
Commission and department duties before issuing local representative license.
(1)
(a) 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 recommendations to the commission as to whether a local industry representative license should be issued.
(b) The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission's determination.
(2) Before issuing a local industry representative license, the commission shall:
(a) determine that the person filed a complete application and is in compliance with Sections 32B-11-604 and 32B-11-606;
(b) determine that the person is not disqualified under Section 32B-1-304; and
(c) consider any other factor the commission considers necessary.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 11 - Manufacturing and Related Licenses Act › Part 6 - Local Industry Representative License Act › Section 609 - Notifying department of change in ownership.

Effective 5/3/2023
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 occurs, of a change in:
(1) ownership of the business;
(2) for a corporate owner, the:
(a) corporate officers or directors; or
(b) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or
(3) for a limited liability company:
(a) managers; or
(b) members owning at least 20% of the limited liability company.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 201 - Commission's power to issue liquor warehousing license.

32B-12-201.
Commission's power to issue liquor warehousing license.
(1)
(a) 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 with this chapter.
(b) A separate liquor warehousing license is required for each warehousing facility.
(c) A violation of this Subsection (1) is a class B misdemeanor.
(2) The commission may issue a liquor warehousing license in accordance with this chapter for the warehousing, distribution, and transportation of liquor.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 202 - Application requirements for liquor warehousing license.

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 fee of $850, which is refundable if a liquor warehousing license is not issued;
(4) written consent of the local authority;
(5) a copy of the person's current business license;
(6) a bond as specified by Section 32B-12-206;
(7) a floor plan of the person's warehouse, including the area in which the person proposes that liquor be stored;
(8) evidence that the person is carrying public liability insurance in an amount and form satisfactory to the department;
(9) a signed consent form stating that the liquor warehousing licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the licensed premises;
(10) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(11) any other information the commission or department may require.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 203 - Renewal requirements for liquor warehousing 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:
(a) a completed renewal application in a form prescribed by the department; and
(b) a renewal fee of $1,200.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of the liquor warehousing license effective on the date the existing liquor warehousing license expires.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 204 - Specific qualifications for liquor warehousing license.

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 the same time both a liquor warehousing license and another kind of package agency, license, or permit issued under this title except:
(a) a temporary beer event permit;
(b) a manufacturing license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; or
(c) a beer wholesaling license issued in accordance with this chapter.
(3) If a person to whom a liquor warehousing license is issued under this chapter no longer possesses the qualifications required by this title for obtaining that liquor warehousing license, the commission may suspend or revoke that liquor warehousing license.
Enacted by Chapter 276, 2010 General Session