reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 205 - Duties of commission and department before issuing liquor warehousing license.

Effective 5/5/2021
32B-12-205.
Duties of commission and department before issuing liquor warehousing license.
(1)
(a) 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 public hearings to gather information and make recommendations to the commission as to whether a liquor warehousing license should be issued or a change of location granted.
(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 liquor warehousing license, the commission shall:
(a) determine that the person filed a complete application and has complied with Sections 32B-12-202 and 32B-12-204;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the premises where the person proposes to warehouse liquor, including:
(i) location;
(ii) proximity to transportation; and
(iii) condition, size, and security of the licensed premises;
(d) consider the person's ability to properly use the liquor warehousing license within the requirements of this title and the commission rules including:
(i) the types of products other than liquor that the person is warehousing;
(ii) the brands of liquor the person intends to warehouse; and
(iii) the means the person intends to use to distribute the liquor; and
(e) consider any other factor the commission considers necessary.
(3) Before approving a liquor warehousing licensee's request to change the location of the licensee's warehouse facility, the commission shall:
(a) determine that the licensee filed a complete change of location application;
(b) consider the physical characteristics of the premises where the licensee proposes to warehouse liquor, including:
(i) location;
(ii) proximity to transportation; and
(iii) condition, size, and security of the licensed premises; and
(c) consider any other factor the commission considers necessary.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 2 - Liquor Warehousing License Process › Section 206 - Bond for liquor warehousing license.

32B-12-206.
Bond for liquor warehousing license.
(1)
(a) A liquor warehouser licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department.
(b) A liquor warehouser licensee shall procure and maintain the bond required by this section for as long as the liquor warehouser licensee continues to operate as a liquor warehouser licensee.
(2) A bond posted under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon the liquor warehouser licensee's faithful compliance with this title and the rules of the commission.
(3) If a surety bond posted by a liquor warehouser licensee under this section is canceled due to a liquor warehouser 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 liquor warehousing license is in effect.
(5)
(a) A bond posted by a liquor warehouser licensee may be forfeited if the liquor warehousing license is revoked.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a liquor warehouser licensee for money owed the department under this title without the commission first revoking the liquor warehousing license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 3 - Operational Requirements for Liquor Warehousing License › Section 301 - General operational requirements for liquor warehousing license.

Effective 5/12/2020
32B-12-301.
General operational requirements for liquor warehousing license.
(1)
(a) A liquor warehouser licensee and staff of the liquor warehouser licensee shall comply with this title and the rules of the commission.
(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 liquor warehouser licensee;
(ii) individual staff of a liquor warehouser licensee; or
(iii) both a liquor warehouser licensee and staff of the liquor warehouser licensee.
(2)
(a) A liquor warehouser licensee shall make and maintain 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 (2).
(3) A liquor warehousing license may not be transferred from one location to another location, without prior written approval of the commission.
(4)
(a) A liquor warehouser 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.
(b) A liquor warehousing license has no monetary value for any type of disposition.
(5) A liquor warehouser licensee may not employ a minor to handle an alcoholic product.
(6) Liquor that is warehoused in this state and sold to an out-of-state consignee may be transported out of the state only by a motor carrier regulated under Title 72, Chapter 9, Motor Carrier Safety Act.
(7) Liquor that is warehoused in this state and sold to the department may be transported only by a motor carrier approved by the department.
(8) Liquor transported to or from a liquor warehouser licensee's licensed premises shall be carried in a sealed conveyance that is made available for inspection by the department while en route within the state.
(9) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor from a warehouse in less than a full case lot.
(10) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor from a warehouse to a consignee outside the state that is not licensed as a liquor wholesaler or retailer by the state in which the consignee is domiciled.
(11) A liquor warehouser licensee may not receive, warehouse, distribute, transport, ship, or convey liquor that the commission has not authorized the liquor warehouser licensee to handle through its warehouse.
(12) The commission may prescribe by policy or rule, consistent with this title, the general operational requirements of licensees relating to:
(a) physical facilities;
(b) conditions of storage, distribution, or transport of liquor; and
(c) other matters considered appropriate by the commission.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 12 - Liquor Warehousing License Act › Part 3 - Operational Requirements for Liquor Warehousing License › Section 302 - Notifying the department of change in ownership.

Effective 5/3/2023
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:
(1) ownership of the liquor warehouser 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 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 201 - Commission's power to issue beer wholesaling license.

32B-13-201.
Commission's power to issue beer wholesaling license.
(1)
(a) 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 license issued by the commission in accordance with this chapter.
(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2)
(a) The commission may issue a beer wholesaling license for the purchase, storage, sale, distribution, transportation, and import of beer.
(b) A beer wholesaling license entitles the beer wholesaler licensee to:
(i) purchase and import beer into the state;
(ii) store beer in an approved warehouse; and
(iii) sell and distribute beer directly to:
(A) a beer retailer; or
(B) an event permittee.
(3) Nothing in this section precludes a small brewer from selling beer the small brewer manufactures directly to:
(a) a retail licensee;
(b) an off-premise beer retailer; or
(c) an event permittee.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 202 - Application requirements for beer wholesaling license.

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 of $2,300 that is refundable if a beer wholesaling 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 in Section 32B-13-206;
(7) a statement of the brands of beer the person is authorized to sell and distribute;
(8) a statement of the one or more sales territories in which the person is authorized to sell and distribute beer under an agreement required by Section 32B-11-201 or 32B-11-503;
(9) evidence that the person is carrying public liability insurance in an amount and form satisfactory to the department;
(10) a signed consent form stating that the beer wholesaling licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the licensed premises;
(11) 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
(12) any other information that the commission or department may require.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 203 - Renewal requirements for beer wholesaling license.

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) a completed renewal application in a form prescribed by the department; and
(b) a renewal fee in the following amount:
Case Sales in Previous License Year for the LicenseeRenewal Fee
under 500,000 cases$1,200
equals or exceeds 500,000 cases but less than 1,000,000 cases$2,350
equals or exceeds 1,000,000 cases$3,500.
(3) Failure to meet the renewal requirements results in an automatic forfeiture of the beer wholesaling license effective on the date the existing beer wholesaling license expires.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 204 - Specific qualifications for beer wholesaling license.

32B-13-204.
Specific qualifications for beer wholesaling license.
(1) The commission may not issue a beer wholesaling license to a person who:
(a) is disqualified under Section 32B-1-304; or
(b) does not meet any applicable federal requirement for beer wholesaling.
(2)
(a) The commission may not issue one of the following licenses to a beer wholesaler licensee simultaneously with the beer wholesaling license, and a beer wholesaler licensee may not, directly or indirectly, hold, through a wholly or partially owned subsidiary or otherwise, one of the following licenses:
(i) a brewery manufacturing license; or
(ii) a beer retailer license.
(b) The commission may not issue to a beer retailer, and a beer retailer, directly or indirectly, may not hold, through a wholly or partially owned subsidiary or otherwise, a beer wholesaling license.
(3) If a person to whom a beer wholesaling license is issued under this chapter no longer possesses the qualifications required by this title for obtaining that beer wholesaling license, the commission may suspend or revoke that beer wholesaling license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 205 - Commission and department duties before issuing beer wholesaling license.

32B-13-205.
Commission and department duties before issuing beer wholesaling license.
(1)
(a) 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 commission as to whether a beer wholesaling 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 beer wholesaling license, the commission shall:
(a) determine that the person filed a complete application and is in compliance with Sections 32B-13-202 and 32B-13-204;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the physical characteristics of the licensed premises where it is proposed that beer be stored by the person, such as:
(i) location;
(ii) proximity to transportation; and
(iii) condition, size, and security of the licensed premises;
(d) consider the person's ability to manage and operate a beer wholesaling operation, including:
(i) management experience;
(ii) past wholesaling experience;
(iii) the brands the person intends to wholesale; and
(iv) the means the person intends to use to distribute beer; and
(e) consider any other factor that the commission considers necessary.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 2 - Beer Wholesaling License Process › Section 206 - Bond for a beer wholesaling license.

32B-13-206.
Bond for a beer wholesaling license.
(1)
(a) A beer wholesaler licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department.
(b) A beer wholesaler licensee shall procure and maintain a bond required by this section for as long as the beer wholesaler licensee continues to operate as a beer wholesaler licensee.
(2) A bond posted under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon a beer wholesaler licensee's faithful compliance with this title and the rules of the commission.
(3) If a surety bond posted by a beer wholesaler licensee under this section is canceled due to a beer wholesaler 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 beer wholesaling license is in effect.
(5)
(a) A bond posted under this section by a beer wholesaler licensee may be forfeited if the beer wholesaling license is revoked.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a beer wholesaler licensee for money owed the department under this title without the commission first revoking the beer wholesaling license.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 13 - Beer Wholesaling License Act › Part 3 - Operational Requirements for Beer Wholesaling License › Section 302 - Notifying the department of a change of ownership.

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 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 14 - Utah Beer Industry Distribution Act › Part 1 - General Provisions › Section 101 - Title -- Legislative intent.

32B-14-101.
Title -- Legislative intent.
(1) This chapter is known as the "Utah Beer Industry Distribution Act."
(2)
(a) 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 Utah Constitution.
(b) In furtherance of the policy described in Subsection (2)(a), this chapter is enacted to:
(i) promote good faith and fair dealing in the business relationships between suppliers, wholesalers, and retailers of beer; and
(ii) provide for the establishment and maintenance of an orderly system for the distribution of beer in accordance with the laws of the state regulating the sale and distribution of beer to the public.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 1 - General Provisions › Section 102 - Definitions.

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)
(a) "Distributorship agreement" means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier.
(b) For purposes of this chapter, a separate agreement between a supplier and a wholesaler is considered to be part of a distributorship agreement if it relates to:
(i) the relationship between the supplier and the wholesaler; or
(ii) the duties of either the supplier or the wholesaler under a distributorship agreement.
(3) "Good cause" means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Part 2, Termination.
(4) "Good faith" is as defined in Subsection 70A-1a-201(2)(t).
(5) "Retailer" means a beer retailer.
(6) "Sales territory" means the geographic area of distribution and sale responsibility designated by a distributorship agreement.
(7) "Supplier," notwithstanding Section 32B-1-102, means a brewer or other person who sells beer to a wholesaler for resale in this state.
(8) "Terminating party" means a supplier or wholesaler who:
(a) is a party to a distributorship agreement; and
(b) seeks to terminate or not renew the distributorship agreement.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 1 - General Provisions › Section 103 - Modifying statutory requirements not permitted.

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:
(a) consistent with this chapter; and
(b) uniformly established for its wholesalers according to the supplier's good faith business judgment.
(2) Notwithstanding Subsection (1), the requirements of this chapter may not be modified by agreement.
(3) An agreement that by its terms modifies the requirements of this chapter is void and unenforceable to the extent it attempts to modify the requirements of this chapter.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 2 - Termination › Section 201 - Termination of distributorship agreements.

32B-14-201.
Termination of distributorship agreements.
(1) Except as provided in Subsection (2) or (3), a supplier or wholesaler may not:
(a) terminate a distributorship agreement; or
(b) fail to renew a distributorship agreement.
(2) A supplier or wholesaler may take an action prohibited by Subsection (1) if:
(a) the supplier or wholesaler has good cause for the action; and
(b) if notification is required by Section 32B-14-202:
(i) the terminating party provides the affected party prior notification in accordance with Section 32B-14-202; and
(ii) the affected party has not eliminated the reasons specified in the notification as the reasons for the action within 90 days after the date the notification is mailed in accordance with Section 32B-14-202.
(3) A supplier may take an action prohibited by Subsection (1) if:
(a) the supplier gives the wholesaler 30 days written notice before termination or nonrenewal;
(b) the supplier discontinues production or discontinues distribution throughout the state of all brands of beer sold by the supplier to the wholesaler; and
(c) the termination or nonrenewal does not violate the distributorship agreement.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 2 - Termination › Section 202 - Notice of termination.

32B-14-202.
Notice of termination.
(1) Except as provided in Subsection (3), a terminating party may not take an action described in Subsection 32B-14-201(1) unless the terminating party provides prior notification in accordance with Subsection (2) to the affected party.
(2)
(a) A terminating party shall provide the notification required under Subsection (1):
(i) in writing;
(ii) by registered mail, return receipt requested; and
(iii) to the affected party not less than 90 days before the date on which the distributorship agreement will be terminated or not renewed.
(b) A terminating party shall state in the notification required under Subsection (1):
(i) the intention to terminate or not renew;
(ii) the reasons for the termination or nonrenewal; and
(iii) the date, not less than 90 days from the date of mailing, on which the termination or nonrenewal shall take effect if the reasons for the action are not eliminated by that date.
(3) A supplier or wholesaler may take an action described in Subsection 32B-14-201(1) without furnishing prior notification if:
(a) the affected party is insolvent, bankrupt, in dissolution, or in liquidation;
(b) the affected party makes an assignment for the benefit of creditors or similar disposition of substantially all of the assets of the affected party's business; or
(c) the affected party or a person owning more than 10% of the stock or other ownership interest in the affected party:
(i) is convicted of, pleads guilty to, or pleads no contest to a felony under federal law or a law of this state that in the reasonable, good faith judgment of the terminating party materially and adversely affects the good will or business of the terminating party;
(ii) has its license or permit revoked or suspended for a period of 31 days or more; or
(iii) engages in intentional fraudulent conduct in its dealings with the terminating party that in the reasonable, good faith judgment of the terminating party materially and adversely affects the good will or business of the terminating party.
(4) Notwithstanding Subsection (3)(c)(i), a supplier may not take an action under Subsection (3)(c)(i) because of a conviction or plea by an owner of the affected party, if:
(a) any other approved owner of the affected party purchases the ownership interest of the offending owner;
(b) the offending owner was not materially involved in the management of the affected party; and
(c) the purchase described in Subsection (4)(a) is completed within 90 days after the conviction or plea.
(5) Subsection (3)(c)(iii) does not apply to conduct by a non-owner employee or representative of the affected party if the conduct occurred without the prior knowledge or consent of an owner of the affected party.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 3 - Operational Provisions › Section 302 - Prohibited conduct of supplier.

32B-14-302.
Prohibited conduct of supplier.
(1) A supplier may not:
(a) induce or coerce, or attempt to induce or coerce, a wholesaler to engage in an illegal act or course of conduct;
(b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the supplier on similarly situated wholesalers;
(c) prohibit a wholesaler from selling a product of another supplier;
(d) fix or maintain the price at which a wholesaler may resell beer;
(e) fail to execute with each wholesaler of its brands a written distributorship agreement;
(f) require a wholesaler to accept delivery of beer or any other item that is not voluntarily ordered by the wholesaler;
(g) restrict or inhibit, directly or indirectly, the right of a wholesaler to participate in an organization representing interests of wholesalers for a lawful purpose;
(h) require a wholesaler to participate in or contribute to a local, regional, or national advertising fund or other promotional activity that:
(i) is not used for an advertising or promotional activity in the wholesaler's sales territory; or
(ii) would require a contribution by the wholesaler in excess of the amounts specified in the distributorship agreement;
(i) retaliate against a wholesaler that files a complaint with the department or the applicable federal agency regarding an alleged violation by the supplier of a state or federal statute or administrative rule;
(j) require without good cause a change in the manager of a wholesaler who has previously been approved by the supplier;
(k) if a wholesaler changes its approved manager, prohibit the change unless the new manager fails to meet the reasonable standards for similarly situated wholesalers of the supplier as stated in the distributorship agreement; or
(l) refuse to deliver a beer product covered by a distributorship agreement to the wholesaler:
(i) in a reasonable quantity; and
(ii) within a reasonable time after receipt of the wholesaler's order.
(2) Notwithstanding Subsection (1)(l), the supplier may refuse to deliver a beer product if the refusal is due to:
(a) the wholesaler's failure to pay the supplier pursuant to the distributorship agreement;
(b) an unforeseeable event beyond the supplier's control;
(c) a work stoppage or delay due to a strike or labor problem;
(d) a bona fide shortage of materials; or
(e) a freight embargo.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 3 - Operational Provisions › Section 303 - Prohibited conduct of wholesaler.

32B-14-303.
Prohibited conduct of wholesaler.
(1) A wholesaler may not:
(a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct;
(b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers;
(c) prohibit a retailer from selling a product of another wholesaler;
(d) fix or maintain the price at which a retailer may resell beer;
(e) require a retailer to accept delivery of beer or any other item that is not voluntarily ordered by the retailer;
(f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for a lawful purpose;
(g) require a retailer to participate in or contribute to a local, regional, or national advertising fund or other promotional activity;
(h) retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal statute or administrative rule; and
(i) refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory:
(i) in a reasonable quantity; and
(ii) within a reasonable time after receipt of the retailer's order.
(2) Notwithstanding Subsection (1)(i), the wholesaler may refuse to deliver a beer product if the refusal is due to:
(a) the retailer's failure to pay the wholesaler pursuant to Subsection 32B-4-704(6);
(b) an unforeseeable event beyond the wholesaler's control;
(c) a work stoppage or delay due to a strike or labor problem;
(d) a bona fide shortage of materials; or
(e) a freight embargo.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 3 - Operational Provisions › Section 304 - Sale or transfer of business assets or ownership.

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) a wholesaler may not sell or transfer its business, or any portion of its business, including the distributorship agreement, to a successor in interest; and
(b) the owner of an interest in a wholesaler may not sell or transfer all or part of the owner's interest in the wholesaler to a successor in interest.
(2) A supplier may not unreasonably withhold or delay its approval of a sale or transfer, including the wholesaler's rights and obligations under the terms of the distributorship agreement, if the person to be substituted meets reasonable standards that are imposed:
(a) by the supplier pursuant to the distributorship agreement; and
(b) on other wholesalers of that supplier of the same general class, taking into account the size and location of the sales territory and market to be served.
(3) Notwithstanding Subsection (1), a wholesaler may not violate Subsection 32B-13-301(8).
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 3 - Operational Provisions › Section 305 - Sale or transfer of supplier's business.

32B-14-305.
Sale or transfer of supplier's business.
(1)
(a) 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 had the distribution rights of the brand.
(b) For purposes of Subsection (1)(a), the successor may obtain a distribution right:
(i) by any means, including:
(A) merger;
(B) purchase of corporate shares; or
(C) purchase of assets; and
(ii) from:
(A) a supplier; or
(B) a person acting in an official capacity who is not a supplier including a nominee, representative, or fiduciary.
(2)
(a) A successor to a supplier that acquires a supplier's product or brand in this state is bound by the terms and conditions of each distributorship agreement with a wholesaler in this state that was in effect on the date on which the successor receives the assets or rights of the previous supplier.
(b) Notwithstanding Subsection (2)(a), if the requirements of Subsection (2)(c) are met, a successor may contractually require the wholesaler to:
(i) execute a new distributorship agreement; and
(ii) comply with the successor's operational standards of performance.
(c) A successor may impose a requirement under Subsection (2)(b) if:
(i) the operational standards of performance being required are consistent with this chapter;
(ii) the operational standards of performance being required are uniformly imposed by the successor on similarly situated wholesalers; and
(iii) the successor provides the wholesaler at least one year to:
(A) execute a new distributorship agreement; and
(B) comply with the operational standards of performance.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 4 - Remedies › Section 401 - Reasonable compensation -- Arbitration.

32B-14-401.
Reasonable compensation -- Arbitration.
(1)
(a) If a supplier violates Section 32B-14-201 or 32B-14-304, the supplier is liable to the wholesaler for the sum of:
(i) the laid-in cost of inventory of the affected brands; and
(ii) any diminution in the fair market value of the wholesaler's business with relation to an affected brand.
(b) In determining fair market value, consideration shall be given to all elements of value, including good will and going concern value.
(2)
(a) A distributorship agreement may require that any or all disputes between a supplier and a wholesaler be submitted to binding arbitration.
(b) In the absence of an applicable arbitration provision in a distributorship agreement, either the supplier or the wholesaler may request arbitration if a supplier and a wholesaler are unable to mutually agree on:
(i) whether good cause exists for termination or nonrenewal;
(ii) whether the supplier unreasonably withheld approval of a sale or transfer under Section 32B-14-304; or
(iii) the reasonable compensation to be paid for the value of the wholesaler's business in accordance with Subsection (1).
(c) If a supplier or wholesaler requests arbitration under Subsection (2)(b) and the other party agrees to submit the matter to arbitration, an arbitration panel shall be created with the following members:
(i) one member selected by the supplier in a writing delivered to the wholesaler within 10 business days of the date arbitration was requested under Subsection (2)(b);
(ii) one member selected by the wholesaler in a writing delivered to the supplier within 10 business days of the date arbitration was requested under Subsection (2)(b); and
(iii) one member selected by the two arbitrators appointed under Subsections (2)(c)(i) and (ii).
(d) If the arbitrators fail to choose a third arbitrator under Subsection (2)(c)(iii) within 10 business days of the day on which the arbitrators under Subsections (2)(c)(i) and (ii) are selected, a judge of a district court in the county in which the wholesaler's principal place of business is located shall select the third arbitrator.
(e) Arbitration costs shall be divided equally between the wholesaler and the supplier.
(f) The award of the arbitration panel is binding on the parties unless appealed within 20 days from the date of the award.
(g) Subject to the requirements of this chapter, arbitration and a proceeding on appeal are governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 14 - Utah Beer Industry Distribution Act › Part 4 - Remedies › Section 402 - Judicial remedies.

32B-14-402.
Judicial remedies.
(1) A supplier or wholesaler who is a party to a distributorship agreement may maintain a civil action against the supplier or wholesaler in a court of competent jurisdiction in the county in which the wholesaler's principal place of business is located if:
(a) the supplier or wholesaler violates this chapter; or
(b)
(i) the supplier and wholesaler are not able to mutually agree on reasonable compensation under Section 32B-14-401; and
(ii) the parties do not agree to submit the matter to arbitration in accordance with Section 32B-14-401 before or within 20 days following service of process on the electing party in the civil action.
(2)
(a) The prevailing party in an action under Subsection (1) shall recover:
(i) actual damages, including the value of the wholesaler's business as specified in Section 32B-14-401 if applicable; and
(ii) reasonable attorney fees and court costs.
(b) In addition to the amount awarded under Subsection (2)(a), the court may grant such relief in law or equity as the court determines to be necessary or appropriate considering the purposes of this chapter.
(3) If either party elects arbitration under Subsection (1)(b)(ii) following service of process, the civil action is stayed pending a decision by the arbitration panel.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 15 - Alcoholic Product Liability Act › Part 1 - General Provisions › Section 102 - Definitions.

32B-15-102.
Definitions.
As used in this chapter:
(1) "Death of a third person" includes recovery for all damages, special and general, resulting from the death, except punitive damages.
(2)
(a) "Injury" includes injury in person, property, or means of support.
(b) "Injury" also includes recovery for intangibles such as:
(i) mental and emotional injuries;
(ii) loss of affection; and
(iii) loss of companionship.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 15 - Alcoholic Product Liability Act › Part 2 - Liability › Section 202 - Liability for employees -- Employee protected in exercising judgment.

32B-15-202.
Liability for employees -- Employee protected in exercising judgment.
(1)
(a) Except for a violation of Subsection 32B-15-201(2), an employer is liable for the actions of its staff in violation of this chapter.
(b) This Subsection (1) does not apply to a business licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.
(2) An employer may not sanction or terminate the employment of individual staff of a retail licensee or other establishment serving an alcoholic product as a result of the staff having exercised the staff's independent judgment to refuse to sell an alcoholic product to a person the staff considers to meet one or more of the conditions described in Subsection 32B-15-201(1)(b).
(3) An employer who terminates an employee or imposes sanctions on the employee contrary to this section is considered to have discriminated against that employee and is subject to the conditions and penalties set forth in Title 34A, Chapter 5, Utah Antidiscrimination Act.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 15 - Alcoholic Product Liability Act › Part 2 - Liability › Section 203 - Governmental immunity.

32B-15-203.
Governmental immunity.
This title does not create civil liability on the part of the following arising out of one of the following's actions in regulating, controlling, authorizing, or otherwise being involved in the sale or other distribution of an alcoholic product:
(1) the state;
(2) a state agency;
(3) a state employee;
(4) the commission;
(5) the department; or
(6) a political subdivision.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 15 - Alcoholic Product Liability Act › Part 3 - Civil Action › Section 301 - Cause of action -- Statute of limitations.

32B-15-301.
Cause of action -- Statute of limitations.
(1)
(a) A person who suffers an injury under Section 32B-15-201 has a cause of action against the person who provided the alcoholic product in violation of Section 32B-15-201.
(b) If a person having rights or liabilities under this chapter dies, the rights or liabilities provided by this chapter survive to or against that person's estate.
(2) The total amount that may be awarded to any person pursuant to a cause of action for injury and damage under this chapter that arises after January 1, 2010, is limited to $1,000,000 and the aggregate amount which may be awarded to all persons injured as a result of one occurrence is limited to $2,000,000.
(3) An action based upon a cause of action under this chapter shall be commenced within two years after the date of the injury and damage.
(4)
(a) Nothing in this chapter precludes any cause of action or additional recovery against the person causing the injury.
(b) A cause of action or additional recovery against the person causing the injury and damage, which action is not brought under this chapter, is exempt from the damage cap in Subsection (2).
(c) A cause of action brought under this chapter is exempt from Sections 78B-5-817 through 78B-5-823.
(5) This section does not apply to a business licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 15 - Alcoholic Product Liability Act › Part 3 - Civil Action › Section 302 - Action for contribution by provider of an alcoholic product.

32B-15-302.
Action for contribution by provider of an alcoholic product.
(1)
(a) Except as provided in Subsections (2) and (3), a person, as defined under Section 32B-15-201 or Subsection 32B-15-202(1), against whom an award is made under this chapter, may bring a separate cause of action for contribution against any person causing the injury and damage.
(b) The maximum amount for which a person causing the injury and damage may be liable to a person seeking contribution is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that person causing the injury and damage.
(2) This action for contribution under this section may not be brought against:
(a) a person entitled to recovery as described in Subsection 32B-15-201(1)(a)(i) or (ii); or
(b) a person entitled to recover as described in Subsection 32B-15-201(2)(a)(i) or (ii).
(3) An action for contribution under this section may not diminish the amount of recovery for injury or damages awarded and received to a person entitled to recover as described in Subsection 32B-15-201(1)(a)(i) or (ii) or 32B-15-201(2)(a)(i) or (ii):
(a) in a cause of action brought under this chapter; or
(b) in a separate cause of action for injury and damage that is not brought under this chapter.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 16 - Minor Liability Act › Part 1 - General Provisions › Section 102 - Definitions.

32B-16-102.
Definitions.
As used in this chapter:
(1) "Applicable fine" means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
(a) a fine; and
(b) administrative costs of a disciplinary proceeding.
(2) "Violation related to a minor" means a violation under this title:
(a) that is, in whole or in part, based on a retail licensee, or staff of the retail licensee:
(i) selling, offering for sale, or furnishing an alcoholic product to a minor;
(ii) purchasing or otherwise obtaining an alcoholic product for a minor;
(iii) permitting a minor to consume an alcoholic product;
(iv) permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or
(v) offering or providing employment to a minor that under this title may not be obtained by a minor; and
(b) if as part of the violation the minor uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 16 - Minor Liability Act › Part 2 - Liability to Retail Licensee › Section 201 - Liability related to applicable fine.

32B-16-201.
Liability related to applicable fine.
(1) A minor is liable to a retail licensee in an amount described in Subsection (2) if:
(a) the commission imposes an applicable fine against the retail licensee on the basis of a violation related to a minor; and
(b) the minor, as part of the minor's involvement in the violation described in Subsection (1)(a), uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act.
(2) If the conditions of Subsection (1) are met, a minor is liable to a retail licensee for an amount equal to the sum of:
(a) one-half of the amount of the applicable fine imposed against the retail licensee; and
(b) the costs and attorney fees incurred by the retail licensee under Section 32B-16-301 to collect the amount owed under this section.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 16 - Minor Liability Act › Part 3 - Civil Action › Section 301 - Bringing an action.

32B-16-301.
Bringing an action.
(1) Subject to the other provisions of this section, a retail licensee to whom a minor is liable under Section 32B-16-201 may bring an action in a court of competent jurisdiction to collect the amount described in Section 32B-16-201.
(2) The action allowed under this section may be brought against:
(a) the minor; or
(b) if the minor is less than 18 years of age, a parent or guardian of the minor.
(3) An action under this chapter may not be commenced more than two years after the day on which the applicable fine is imposed by the commission.
(4) Nothing in this chapter precludes a cause of action or additional recovery against a minor under law other than this chapter.
(5) Notwithstanding the other provisions of this part:
(a) the state or an agency of the state is not liable under this part when a state agency has legal or protective custody of, or has guardianship of a minor at the time:
(i) the minor engages in conduct with regard to a violation related to a minor; or
(ii) an applicable fine is imposed on the retail licensee by the commission; and
(b) a retail licensee may not bring an action against the state or an agency of the state under the circumstances described in Subsection (5)(a).
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 16 - Minor Liability Act › Part 3 - Civil Action › Section 302 - Action for contribution.

32B-16-302.
Action for contribution.
(1)
(a) Subject to Subsections (2) and (3), a minor liable under Section 32B-16-201 against whom an award is made under this chapter, may bring a separate cause of action for contribution against a person causing the liability under Section 32B-16-201.
(b) The maximum amount for which a person described in Subsection (1)(a) may be liable to a minor seeking contribution is that percentage or proportion of the amount described in Section 32B-16-201 equivalent to the percentage or proportion of fault attributed to that person causing the liability under Section 32B-16-201.
(2) An action for contribution under this section may not be brought against:
(a) the retail licensee to whom the minor is liable; or
(b) staff of the retail licensee.
(3) An action for contribution under this section may not diminish the amount collected by a retail licensee under this chapter.
Enacted by Chapter 276, 2010 General Session