reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
32B-17-102.
Definitions.
As used in this chapter:
(1) "Airport licensee" means a person who holds a valid:
(a) retail license for premises located at an international airport or domestic airport; or
(b) special use permit for premises located at an international airport or domestic airport.
(2) "Central receiving and distribution center" means a facility that:
(a) operates at an international airport or domestic airport;
(b) receives goods and supplies delivered to the international airport or domestic airport for an airport licensee;
(c) screens the goods and supplies described in Subsection (2)(b) for security purposes; and
(d) distributes the goods and supplies described in Subsection (2)(b) to the airport licensee for whom the goods and supplies were delivered.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 201 - Commission's power to issue liquor transport license.

Effective 6/25/2020
32B-17-201.
Commission's power to issue liquor transport license.
(1)
(a) A person who is not a retail licensee shall obtain a liquor transport license issued by the commission in accordance with this chapter before the person may:
(i) pickup liquor on behalf of a retail licensee and deliver the liquor to a retail licensee or a central receiving and distribution center; or
(ii) if the person is a central receiving and distribution center:
(A) pickup liquor on behalf of an airport licensee and deliver the liquor to the central receiving and distribution center's premises; or
(B) receive, screen, store, or deliver alcoholic product as part of the central receiving and distribution center's operations.
(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2) The commission may issue a liquor transport license for:
(a) the pickup of liquor on behalf of a retail licensee and the delivery of the liquor to the retail licensee or a central receiving and distribution center; or
(b) the receipt, screening, storage, and distribution of alcoholic product by a central receiving and distribution center.
(3) In accordance with this chapter, a liquor transport license entitles the holder to:
(a)
(i) pickup liquor from a package agency or state store on behalf of a retail licensee using the retail licensee's funds; and
(ii) transport and deliver the liquor directly to:
(A) the retail licensee; or
(B) if the retail licensee is an airport licensee, a central receiving and distribution center; or
(b) if the holder is a central receiving and distribution center:
(i)
(A) pickup liquor from a package agency or state store on behalf of an airport licensee using the airport licensee's funds; and
(B) transport the liquor directly to the central receiving and distribution center's premises for screening, storage, and delivery to the airport licensee;
(ii) receive at the central receiving and distribution center's premises:
(A) liquor purchased by or on behalf of an airport licensee and delivered to the central receiving and distribution center by the airport licensee or a liquor transport licensee; or
(B) beer delivered to the central receiving and distribution center for an airport licensee by a beer wholesaler licensee or a small brewer;
(iii) screen and store alcoholic product picked up or received by the central receiving and distribution center; and
(iv) transport and deliver the alcoholic product to the airport licensee.
(4) Nothing in this chapter prohibits a retail licensee from picking up liquor purchased by the retail licensee and transporting the liquor to the retail licensee's licensed premises in accordance with the other provisions of this title.
Amended by Chapter 3, 2020 Special Session 5
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 202 - Application requirements for liquor transport license.

Effective 6/25/2020
32B-17-202.
Application requirements for liquor transport license.
To obtain a liquor transport 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 the commission does not issue a liquor transport license;
(4) a copy of the person's current business license;
(5) a bond as specified in Section 32B-17-206;
(6) evidence that the person carries liability insurance in an amount and form satisfactory to the department;
(7) if the person is a central receiving and distribution center:
(a) a floor plan of each premises where the central receiving and distribution center proposes to receive, screen, store, or deliver alcoholic product;
(b) a statement of the number of airport licensees for which the central receiving and distribution center proposes to provide services under the liquor transport license; and
(c) a signed consent form stating that the central receiving and distribution center will permit any authorized representative of the commission or the department or a law enforcement officer to have unrestricted right to enter the central receiving and distribution center's premises, in compliance with applicable federal security procedures; and
(8) any other information the commission or department requires.
Amended by Chapter 3, 2020 Special Session 5
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 203 - Renewal requirements for liquor transport license.

Effective 6/25/2020
32B-17-203.
Renewal requirements for liquor transport license.
(1) A liquor transport license expires on May 31 of each year.
(2) To renew a liquor transport license, a person shall submit to the department by no later then April 30 of the year in which the license expires:
(a) a completed renewal application in a form prescribed by the department;
(b) a copy of the person's current business license;
(c) a bond as specified in Section 32B-17-206;
(d) evidence that the person carries liability insurance in an amount and form satisfactory to the department;
(e) if the person is not a central receiving and distribution center, a report that includes the following information for the period since the liquor transport licensee obtained or renewed a liquor transport license:
(i) the number of deliveries the liquor transport licensee made to each type of retail licensee; and
(ii) each state store and each package agency from which the liquor transport licensee picked up liquor as a liquor transport licensee;
(f) if the person is a central receiving and distribution center, a report that includes the following information for the period since the liquor transport licensee obtained or renewed a liquor transport license:
(i) the number of times the liquor transport licensee picked up liquor on behalf of an airport licensee; and
(ii) each state store and each package agency from which the liquor transport licensee picked up liquor on behalf of an airport licensee;
(g) any other information the commission or department requires; and
(h) a $1,200 renewal fee.
(3) Failure to meet the renewal requirements described in this section results in an automatic forfeiture of the liquor transport license effective on the date the existing liquor transport license expires.
Amended by Chapter 3, 2020 Special Session 5
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 204 - Qualifications for liquor transport license.

Effective 5/14/2019
32B-17-204.
Qualifications for liquor transport license.
(1) The commission may not issue a liquor transport license to a person who is disqualified under Section 32B-1-304.
(2) If a person to whom a liquor transport license is issued under this chapter no longer possesses the qualifications required by this title for obtaining the liquor transport license, the commission may suspend or revoke the person's liquor transport license.
Enacted by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 205 - Commission and department duties before issuing liquor transport license.

Effective 5/14/2019
32B-17-205.
Commission and department duties before issuing liquor transport license.
(1)
(a) Before the commission may issue a liquor transport 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 liquor transport 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 liquor transport license, the commission shall:
(a) determine that the person filed a complete application that complies with Sections 32B-17-202 and 32B-17-204;
(b) determine that the person is not disqualified under Section 32B-1-304;
(c) consider the person's ability to manage and operate a liquor transport operation, including:
(i) management experience;
(ii) past related experience; and
(iii) the means the person intends to use to deliver liquor to retail licensees; and
(d) consider any other factor that the commission considers necessary.
Enacted by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 2 - Liquor Transport License Process › Section 206 - Bond for liquor transport license.

Effective 5/14/2019
32B-17-206.
Bond for liquor transport license.
(1)
(a) A liquor transport licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department.
(b) A liquor transport licensee shall procure and maintain a bond in accordance with this section for as long as the liquor transport licensee operates as a liquor transport licensee.
(2) A bond posted under this section shall be:
(a) in a form approved by the attorney general; and
(b) conditioned upon a liquor transport licensee's faithful compliance with this title and the rules of the commission.
(3) If a surety bond posted by a liquor transport licensee under this section is canceled due to the liquor transport 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 transport license is in effect.
(5)
(a) A bond posted under this section may be forfeited if the liquor transport license is revoked.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a liquor transport licensee for money owed the department under this title without the commission first revoking the liquor transport license.
Enacted by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 3 - Operational Requirements for Liquor Transport License › Section 301 - General operational requirements for liquor transport license.

Effective 6/25/2020
32B-17-301.
General operational requirements for liquor transport license.
(1)
(a) A liquor transport licensee and staff of the liquor transport 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 transport licensee;
(ii) individual staff of a liquor transport licensee; or
(iii) both a liquor transport licensee and staff of the liquor transport licensee.
(2) A liquor transport licensee may not employ a minor to handle an alcoholic product.
(3) A liquor transport licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the liquor transport license to a person, regardless of whether done for monetary gain.
(4)
(a) A liquor transport licensee may not deliver alcoholic product to a person within the state except to:
(i) a retail licensee;
(ii) a central receiving and distribution center; or
(iii) if the liquor transport licensee is a central receiving and distribution center, an airport licensee.
(b) A violation of this Subsection (4) is a class A misdemeanor.
(5) Alcoholic product in the possession or control of a liquor transport licensee is the property of the retail licensee or airport licensee whose funds were used to purchase the alcoholic product.
(6) The commission may prescribe by rule, consistent with this title, the general operational requirements of a liquor transport licensee.
Amended by Chapter 3, 2020 Special Session 5
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 3 - Operational Requirements for Liquor Transport License › Section 301.5 - Additional operational requirements for liquor transport license held by a central receiving and distribution center.

Effective 6/25/2020
32B-17-301.5.
Additional operational requirements for liquor transport license held by a central receiving and distribution center.
(1) A liquor transport licensee that is a central receiving and distribution center shall establish a secure process for:
(a) receiving alcoholic product from airport licensees, liquor transport licensees, beer wholesaler licensees, and small brewers at the central receiving and distribution center's premises;
(b) screening and storing alcoholic product the central receiving and distribution center receives or brings to the premises; and
(c) delivering alcoholic product to the airport licensee that owns the alcoholic product.
(2) As part of the secure process described in Subsection (1), the central receiving and distribution center shall:
(a) clearly identify and keep separate each airport licensee's alcoholic product;
(b) maintain alcoholic product in a locked storage area or container at all times except during:
(i) a security screening of the alcoholic product; or
(ii) transportation of the alcoholic product;
(c) notify the receiving airport licensee when screening is complete and alcoholic product is ready for delivery; and
(d) deliver the alcoholic product to the receiving airport licensee.
(3) The commission may prescribe by rule, consistent with this title, the operational requirements of a liquor transport licensee that is a central receiving and distribution center.
Enacted by Chapter 3, 2020 Special Session 5
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 17 - Liquor Transport License Act › Part 3 - Operational Requirements for Liquor Transport License › Section 302 - Notifying the department of change of ownership.

Effective 5/14/2019
32B-17-302.
Notifying the department of change of ownership.
The commission may suspend or revoke a liquor transport license if a liquor transport licensee does not immediately notify the department of a change in:
(1) ownership of the liquor transport service;
(2) for a corporate owner:
(a) the 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) the managers; or
(b) the members owing at least 20% of the limited liability company.
Enacted by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 6/1/2022
32B-18-101.
Definitions.
As used in this chapter:
(1)
(a) "Alcohol license" means:
(i) a retail license;
(ii) an off-premise beer retailer state license;
(iii) a brewery manufacturing license;
(iv) a distillery manufacturing license;
(v) a winery manufacturing license;
(vi) a liquor warehousing license; and
(vii) a special use permit that is an industrial or manufacturing use permit.
(b) "Alcohol license" does not include a:
(i) master full-service restaurant license;
(ii) master limited-service restaurant license; or
(iii) master off-premise beer retailer state license.
(2) "Business entity" means a corporation, partnership, limited liability company, sole proprietorship, or similar entity.
(3) "Interim alcoholic beverage management agreement" means a management agreement:
(a) in connection with:
(i) a change of ownership in the entity holding an alcohol license; or
(ii) a transfer of the management of an alcohol license to another entity; and
(b) under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that:
(i) begins when:
(A) the change of ownership closes; or
(B) the new management agreement is executed; and
(ii) ends on the day after the day on which the commission approves the alcohol license for the new owner.
(4) "Inventory transfer agreement" means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee's inventory of alcoholic products.
(5) "Management agreement" means an agreement between two people regarding the operation and management of an alcohol license.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 201 - Transferability of an alcohol license.

Effective 6/1/2022
32B-18-201.
Transferability of an alcohol license.
(1) An alcohol license:
(a) is not ascribed any value in the sale or transfer of a business entity or the business entity's assets;
(b) is neither tangible nor intangible property to the holder of the license; and
(c) is completely separate from other property of an alcohol licensee.
(2) The Legislature may terminate or modify the existence of any type of alcohol license.
(3) Except as provided in this part, a person may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the alcohol license to another person whether for monetary gain or not.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 202 - Effect of change of ownership of business entity.

Effective 6/1/2022
32B-18-202.
Effect of change of ownership of business entity.
(1)
(a) When the ownership of 51% or more of the shares of stock of a corporation is restructured to include one or more persons who did not hold the ownership of 51% of those shares of stock on the day on which an alcohol license is issued to the corporation, the corporation shall comply with this chapter to reflect the restructuring.
(b) When there is a new general partner or when the ownership of 51% or more of the capital or profits of a limited partnership is restructured to include one or more persons as general or limited partners and who did not hold ownership of 51% or more of the capital or profits of the limited partnership on the day on which an alcohol license is issued to the limited partnership, the limited partnership shall comply with this chapter to reflect the restructuring.
(c) When the ownership of 51% or more of the interests in a limited liability company is restructured to include one or more persons as members who did not hold ownership of 51% or more of the interests in the limited liability company on the day on which an alcohol license is issued to the limited liability company, the limited liability company shall comply with this chapter to reflect the restructuring.
(2) A business entity shall comply with this section within 60 days after the day on which a restructuring of the business entity becomes effective.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 203 - Application -- Approval process.

Effective 6/1/2022
32B-18-203.
Application -- Approval process.
(1)
(a) A person seeking an alcohol license in accordance with this part that is currently held by another person shall submit to the department:
(i) a written application for a new license in a form prescribed by the department; and
(ii) a fee in accordance with Section 32B-18-207.
(b) If the person seeking an alcohol license as described in Subsection (1) seeks to take over the daily operations of the alcohol license before the commission grants the transfer, the person and the alcohol licensee shall enter into an interim alcoholic beverage management agreement that:
(i) provides for all proceeds from the sale of alcohol, less cost of goods sold, to accrue to the current alcohol licensee;
(ii) provides for the duration of the agreement, that the current alcohol licensee:
(A) shall comply with the requirements of this title that are applicable to the alcohol license; and
(B) in accordance with this title, is subject to disciplinary action by the commission for a violation of this title; and
(iii) the department approves.
(c) If the person seeking an alcohol license as described in Subsection (1) seeks to buy the inventory from the existing licensee, the person and the alcohol licensee shall enter into an inventory transfer agreement that the department approves.
(2) An alcohol licensee seeking to restructure the alcohol licensee's internal ownership of 51% or more shall submit to the department:
(a) a written application in a form prescribed by the department; and
(b) a fee in accordance with Section 32B-18-207.
(3) A person or business entity shall comply with this section within 60 days after the day on which the sale of the business's assets closes or the restructuring of the business entity becomes effective.
(4) In accordance with this section and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the requirements of an interim alcoholic beverage management agreement.
Enacted by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 204 - Notifying department of change in ownership.

Effective 5/3/2023
32B-18-204.
Notifying department of change in ownership.
The commission may suspend, revoke, or deem forfeited an alcohol license if the alcohol 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 entity holding the alcohol license;
(2) for a corporate owner, the:
(a) corporate officers or directors of the alcohol licensee; 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 of the limited liability company; 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 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 205 - Management agreements -- Inventory transfers.

Effective 5/3/2023
32B-18-205.
Management agreements -- Inventory transfers.
(1)
(a) A management agreement may provide for the sharing of revenue from a business utilizing an alcohol license, including revenue from the sale of an alcoholic product, if, regardless of which party holds the alcohol license, neither the owner nor operator is disqualified from holding the license for a previous violation of this title.
(b) The parties to a management agreement shall submit to the department:
(i) a copy of the management agreement; and
(ii) any other information the department requires.
(c) If there is a material change to the management agreement submitted to the department under Subsection (1)(b), the parties to the management agreement shall submit to the department the following within 30 days after the day on which the change occurs:
(i) a copy of the changed management agreement; and
(ii) any other information the department requires.
(2)
(a) Notwithstanding any other provision of this title, in connection with a change of ownership described in Section 32B-18-202 or an asset sale of an alcohol licensee, the parties to the transaction may enter into an inventory transfer agreement.
(b) The inventory transfer agreement described in Subsection (2)(a) may allow for the transfer of inventory between parties regardless of whether the parties hold or are applying for the same retail license.
(3) In accordance with this section and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the requirements of:
(a) a management agreement; or
(b) an inventory transfer agreement.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 2 - Alcohol License Changes of Ownership › Section 207 - Change fees.

Effective 6/1/2022
32B-18-207.
Change fees.
(1) The department shall charge the following fees for a change of ownership under this part:
(a) for a change of ownership of an alcohol license from an alcohol licensee to another person, the change fee equals the initial license fee amount specified in the relevant chapter or part for the type of alcohol license for which the change of ownership occurs; and
(b) for a change of ownership described in Section 32B-18-202, the change fee equals the renewal fee amount specified in the relevant chapter or part for the type of alcohol license for which the change of ownership occurs.
(2) The department shall deposit a fee collected under Subsection (1) into the Liquor Control Fund.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 3 - Alcohol License Change of Location › Section 301 - Change of location provisions.

Effective 6/1/2022
32B-18-301.
Change of location provisions.
(1) Except as provided in this part, a person may not move an alcohol license from one location to another.
(2) Before an alcohol licensee moves the alcohol licensee's license from one location to another, the alcohol licensee shall submit to the department:
(a) an application for a change of location, in the form the department determines; and
(b) a change of location fee.
(3) Before the commission approves a change of location requested in accordance with this part, the commission shall:
(a) ensure that the new location meets the physical requirements for the type of license for which the change of location is requested, including any proximity requirement; and
(b) consider the locality within which the proposed licensed premises is located, including the relevant factors for the type of license for which the change of location is requested.
Enacted by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 3 - Alcohol License Change of Location › Section 302 - Operational requirements for change of location.

Effective 6/1/2022
32B-18-302.
Operational requirements for change of location.
(1)
(a) Except as permitted under Subsections (1)(b) and (c), operations of an alcohol licensee shall begin within 30 days after the day on which the commission approves a change of location for the alcohol license.
(b) The department may grant an extension to the 30 days described in Subsection (1)(a), not to exceed the greater of:
(i) 30 days; or
(ii) the number of days until the next regularly scheduled commission meeting.
(c) After the department authorizes an extension described in Subsection (1)(b), the commission may grant one or more additional extensions, if:
(i) the alcohol licensee demonstrates to the commission that the alcohol licensee cannot begin operations because the alcohol licensee:
(A) is improving the licensed premises;
(B) has obtained a building permit for the improvements described in Subsection (1)(c)(i)(A), if the respective local authority requires a building permit for the improvements; and
(C) is working expeditiously to complete the improvements to the licensed premises; or
(ii) the commission determines that circumstances beyond the control of the alcohol licensee negate the licensee's ability to begin operations in a timely manner.
(2) An alcohol licensee is considered to have begun operations of the alcohol license if the alcohol licensee:
(a) has a licensed premises that is open for business;
(b)
(i) sells, offers for sale, or furnishes an alcoholic product to a patron on the licensed premises described in Subsection (1)(a);
(ii) manufactures an alcoholic product on the licensed premises described in Subsection (2)(a);
(iii) engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (2)(a); or
(iv) warehouses liquor on the licensed premises described in Subsection (2)(a); and
(c) has a valid business license.
(3) If an alcohol licensee fails to begin operations of the alcohol license within the time period required under Subsection (1), the following are automatically forfeited effective immediately:
(a) the alcohol license; and
(b) the change of location fee.
Enacted by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 3 - Alcohol License Change of Location › Section 303 - Change of location fees.

Effective 6/1/2022
32B-18-303.
Change of location fees.
(1) The department shall charge a $300 fee for a change in location of an alcohol licensee's licensed premises.
(2) The department shall deposit a fee collected under Subsection (1) in the Liquor Control Fund.
Enacted by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 4 - Prohibited Activities › Section 401 - License not to be pledged as security -- Prohibited changes, transfers, and moves.

Effective 6/1/2022
32B-18-401.
License not to be pledged as security -- Prohibited changes, transfers, and moves.
(1) An alcohol licensee may not enter into any agreement under which the alcohol licensee pledges the alcohol license as security for a loan or as security for the fulfillment of any agreement.
(2) An alcohol licensee may not change, transfer, or move an alcohol license except as expressly permitted under this chapter.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 18 - Change of Alcohol License or Location Act › Part 4 - Prohibited Activities › Section 402 - Effect of change, transfer, or move in violation of this chapter.

Effective 6/1/2022
32B-18-402.
Effect of change, transfer, or move in violation of this chapter.
(1) If an alcohol license is changed, transferred, or moved in violation of this chapter, the commission may:
(a) void the change, transfer, or move; and
(b) require the alcohol license to be forfeited.
(2) Subsection (1) is in addition to any other penalty under this title that is applicable to the person who violates this chapter.
Renumbered and Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 1 - Declaration of policy.

34-19-1.
Declaration of policy.
In the interpretation and application of this chapter, the public policy of this state is declared as follows:
(1) It is not unlawful for employees to organize themselves into or carry on labor unions for the purpose of lessening hours of labor, increasing wages, bettering the conditions of members, or carrying out the legitimate purposes of such organizations as freely as they could do if acting singly.
(2) The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purpose of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate object thereof; nor shall such organizations or membership in them be held to be illegal combinations or conspiracies in restraint of trade under the antitrust laws.
(3) Negotiations of terms and conditions of labor should result from voluntary agreement between employer and employee. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers the individual unorganized worker is helpless to exercise actual liberty of contract and to protect the individual unorganized worker's freedom of labor and thereby to obtain acceptable terms and conditions of employment. Therefore, it is necessary that the individual employee have full freedom of association, self-organization, and designation of representatives of the individual employee's own choosing to negotiate the terms and conditions of the individual employee's employment, and that the individual employee shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or their mutual aid or protection.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 2 - Injunctive relief prohibited in certain cases.

34-19-2.
Injunctive relief prohibited in certain cases.
No court, nor any judge or judges of it, shall have jurisdiction to issue any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person or persons from doing, whether singly or in concert, any of the following acts:
(1) ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement to do such work or to remain in such employment;
(2) becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in Section 34-19-3;
(3) paying or giving to or withholding from any person any strike or unemployment benefits or insurance or other money or things of value;
(4) by all lawful means aiding any person who is being proceeded against in or is prosecuting any action or suit in any court of the United States or of any state;
(5) giving publicity to and obtaining or communicating information regarding the existence of or the facts involved in any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat of same;
(6) ceasing to patronize or to employ any person or persons;
(7) assembling peaceably to do or to organize to do any of the acts heretofore specified or to promote lawful interests;
(8) advising or notifying any person or persons of an intention to do any of the acts heretofore specified;
(9) agreeing with other persons to do or not to do any of the acts heretofore specified;
(10) advising, urging, or inducing without fraud, violence, or threat of same, others to do the acts heretofore specified, regardless of any such undertaking or promise as is described in Section 34-19-3;
(11) doing any act or thing which might lawfully be done in the absence of labor dispute by any party thereto; or
(12) doing in concert any or all of the acts heretofore specified on the ground that the persons engaged therein constitute an unlawful combination or conspiracy.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 3 - Liability of organizations or their members for unlawful acts of individuals.

34-19-3.
Liability of organizations or their members for unlawful acts of individuals.
No officer or member of any association or organization or no association or organization participating or interested in a labor dispute shall be held responsible or liable in any civil action at law or suit in equity, or in any criminal prosecution, for the unlawful acts of individual officers, members, or agents, except upon proof by the weight of evidence and without the aid of any presumptions of law or fact, both of:
(1) the doing of such acts by persons who are officers, members or agents of any such association or organization; and
(2) actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof by such association or organization.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 4 - Injunctive relief -- Reasons for prohibiting.

34-19-4.
Injunctive relief -- Reasons for prohibiting.
Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that:
(1) The status quo cannot be maintained but is necessarily altered by the injunction;
(2) Determination of issues of veracity and/or probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;
(3) Error in issuing the injunctive relief is usually irreparable to the opposing party; and
(4) Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 6 - Injunctive relief -- Compliance with law necessary.

34-19-6.
Injunctive relief -- Compliance with law necessary.
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing herein contained shall be deemed to require the court to await the action of any such tribunal if irreparable injury is threatened.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 7 - Injunctive relief -- Findings of fact -- Limited application.

34-19-7.
Injunctive relief -- Findings of fact -- Limited application.
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of finding of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction. Every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the complaint or petition filed in such case and expressly included in the finding of fact made and filed by the court as provided herein and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 8 - Injunctive relief -- Appeals.

34-19-8.
Injunctive relief -- Appeals.
Whenever any court, or judge or judges of it, shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceeding precedence over all other matters except older matters of the same character.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 9 - Injunctive relief -- Contempt -- Rights of accused.

34-19-9.
Injunctive relief -- Contempt -- Rights of accused.
In all cases where a person shall be charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court, or judge or judges of it, the accused shall enjoy:
(1) the rights as to admission to bail that are accorded to persons accused of crime;
(2) the right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view of or in the presence of the court;
(3) upon demand, the right to a speedy and public trial by an impartial jury of the judicial district in which the contempt shall have been committed. This requirement may not be construed to apply to contempts committed in the presence of the court or so near to it as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court; and
(4) the right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court. Upon the filing of any such demand the judge shall proceed no further, but another judge shall be designated by the presiding judge of the court. The demand shall be filed prior to the hearing in the contempt proceeding.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 10 - Injunctive relief -- Contempt -- Penalty.

34-19-10.
Injunctive relief -- Contempt -- Penalty.
Punishment for a contempt, specified in Section 34-19-9, may be by fine, not exceeding $100, or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, the person shall be discharged at the expiration of 15 days; but if the person is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 11 - "Labor dispute" defined.

34-19-11.
"Labor dispute" defined.
(1) The words "labor dispute" as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or it and if he or it is engaged in the industry, trade, craft, or occupation in which such dispute occurs, or is a member, officer, or agent of any association of employers or employees engaged in such industry, trade, craft, or occupation.
(3) A case shall be held to involve or grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employees of one employer; or who are members of the same or an affiliated organization of employers or employees whether such dispute is:
(a) between one or more employers or associations of employers and one or more employees or associations of employees;
(b) between one or more employers or associations of employers and one or more employers or associations of employers; or
(c) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested in it.
Enacted by Chapter 85, 1969 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 12 - Deputizing of employees prohibited.

Effective 5/8/2018
34-19-12.
Deputizing of employees prohibited.
(1) No employee of any employer whose employees are on strike or lockout for any reason shall be deputized for any purpose arising from or in connection with such strike by any sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer during the time such strike or lockout exists.
(2) Any person who violates the provisions of this section is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34 - Labor in General › Chapter 19 - Labor Disputes › Section 13 - Agreements against public policy.

34-19-13.
Agreements against public policy.
Each of the following undertakings or promises hereafter made, whether written or oral, express or implied, between any employee or prospective employee and the employee's or prospective employee's employer, prospective employer, or any other individual, firm, company, association, or corporation, is contrary to public policy and may not be a basis for the granting of legal or equitable relief by any court against a party to the undertaking or promise, or against any other person who may advise, urge, or induce, without fraud, violence or threat of violence, either party to act in disregard of the undertaking or promise:
(1) an undertaking or promise by either party to join or to remain a member of some specific labor organization or organizations or to join or remain a member of some specific employer organization or any employer organization or organizations;
(2) an undertaking or promise by either party to not join or not remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations; or
(3) an undertaking or promise by either party to withdraw from an employment relation in the event that the party joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations.
Amended by Chapter 297, 2011 General Session