reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 2 - Disciplinary Proceedings › Section 207 - Judicial review -- Enforcement.

32B-3-207.
Judicial review -- Enforcement.
(1) In a disciplinary proceeding, a respondent found in a final order of the commission to have violated this title or rules of the commission made under this title may seek judicial review in a court of competent jurisdiction pursuant to the judicial review provisions of Sections 63G-4-401 through 63G-4-405.
(2) Notwithstanding Subsection 63G-4-403(4)(g), an appellate court may not grant relief on the basis that a finding of fact by the commission in a formal disciplinary proceeding is not supported, if the commission's finding of fact is supported by any evidence of substance in the record of the formal disciplinary proceeding when viewed in light of the whole record before the court.
(3) In addition to another remedy provided by law, the commission may seek enforcement of a commission order in a disciplinary proceeding by seeking civil enforcement in a state district court in accordance with Section 63G-4-501.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 3 - Nuisance Retail Licensee Act › Section 301 - Title.

32B-3-301.
Title.
This part is known as the "Nuisance Retail Licensee Act."
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 3 - Nuisance Retail Licensee Act › Section 302 - Definitions.

32B-3-302.
Definitions.
As used in this part:
(1) "Nuisance activity" means:
(a) a judicial finding that a licensed establishment is a nuisance under Section 32B-4-208; or
(b) an act described in Section 32B-3-303.
(2) "Objecting governmental entity" means:
(a) a local government entity;
(b) a prosecutor's office; or
(c) a law enforcement agency.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 3 - Nuisance Retail Licensee Act › Section 304 - Rulemaking.

32B-3-304.
Rulemaking.
In accordance with this chapter, the commission may make rules that govern the filing under this chapter of:
(1) a formal objection to the renewal of a retail license; and
(2) a request for hearing filed by a retail licensee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 3 - Nuisance Retail Licensee Act › Section 305 - Commission to prohibit nuisance activity by licensee -- License not renewed.

32B-3-305.
Commission to prohibit nuisance activity by licensee -- License not renewed.
(1) In accordance with Section 32B-1-104, the commission shall require a retail licensee as a condition of being licensed under this title to operate in a manner so as not to endanger the public health, peace, safety, welfare, or morals of the community.
(2)
(a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, and Sections 32B-3-306 and 32B-3-307, the commission may deny the renewal of a retail license if:
(i) a formal objection to the renewal is filed; and
(ii) the commission determines that the retail licensee has engaged in a nuisance activity to such an extent that the nuisance activity has adversely impacted the public health, peace, safety, welfare, or morals of the neighboring community of the licensed premises.
(b) In making a determination under this Subsection (2), the commission may consider:
(i) the type of nuisance activity in which a retail licensee engages;
(ii) the frequency or pattern of the nuisance activity; and
(iii) the retail licensee's notice of and failure to abate or correct the nuisance activity.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 3 - Disciplinary Actions and Enforcement Act › Part 3 - Nuisance Retail Licensee Act › Section 306 - Formal objections to renewal.

32B-3-306.
Formal objections to renewal.
(1) The department shall notify governmental entities that in accordance with this part an objecting governmental entity may file with the commission an objection to the renewal of a retail licensee's license in the objecting governmental entity's community.
(2) The department or an objecting governmental entity may file with the commission a formal objection to a retail license being renewed by the commission if the formal objection:
(a) is filed on the basis of a nuisance activity;
(b) is filed no later than 60 days before the expiration date of the retail licensee's license; and
(c) states with particularity all relevant facts and circumstances relating to the nuisance activity that forms the basis for the formal objection.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
32B-4-102.
Definitions.
As used in this chapter, "capitol hill complex" means the same as that term is defined in Section 63C-9-102.
Amended by Chapter 245, 2016 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 201 - Applicability of Utah Code of Criminal Procedure.

32B-4-201.
Applicability of Utah Code of Criminal Procedure.
Except as otherwise provided in this title, the procedure in a criminal case arising under this title is governed by Title 77, Utah Code of Criminal Procedure, and any other rules adopted by the Utah Supreme Court.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 202 - Duties to enforce this title.

Effective 5/3/2023
32B-4-202.
Duties to enforce this title.
It is the duty of the following to diligently enforce this title in their respective capacities:
(1) the governor;
(2) a commissioner;
(3) the director;
(4) an official, inspector, or department employee;
(5) a prosecuting official of the state or its political subdivisions;
(6) a county, city, town, or metro township;
(7) a peace officer, sheriff, deputy sheriff, constable, marshal, or law enforcement official;
(8) a state health official; and
(9) a clerk of the court.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 203 - Authority to inspect.

32B-4-203.
Authority to inspect.
(1)
(a) This Subsection (1) applies to:
(i) a commissioner;
(ii) an authorized representative of the commission or department; or
(iii) a law enforcement or peace officer.
(b) An individual described in Subsection (1)(a):
(i) shall be given access, ingress, and egress to and from premises or a conveyance used in the storage, sale, furnishing, manufacture, or transportation of an alcoholic product;
(ii) may open a container containing, or supposed to contain, an article sold, or exposed for sale, held in possession, or manufactured with intent to sell in violation of this title or commission rules; and
(iii) may inspect the contents and take samples of the contents for analysis from a container described in this Subsection (1).
(2) The following shall assist, when requested by a person described in Subsection (1), in tracing, finding, or discovering the presence of an article prohibited by this title or commission rules to the extent assistance would not infringe upon the person's federal and state constitutional rights:
(a) a dealer;
(b) a clerk;
(c) a bookkeeper;
(d) an express agent;
(e) a railroad or airline official;
(f) a common or other carrier; and
(g) an employee of a person listed in this Subsection (2).
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 204 - Arrests.

32B-4-204.
Arrests.
(1) Except as otherwise provided in this chapter, an arrest of a person for a violation of this title shall be made in accordance with:
(a)Title 77, Chapter 7, Arrest, by Whom, and How Made; and
(b) Rules 6 and 7, Utah Rules of Criminal Procedure.
(2) A summons in lieu of a warrant of arrest shall be in accordance with Rule 6, Utah Rules of Criminal Procedure.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 206 - Disposition of fines and forfeitures.

32B-4-206.
Disposition of fines and forfeitures.
Except when otherwise provided, a fine or forfeiture levied under this title shall be paid to the county treasurer of the county in which the prosecution occurred.
Amended by Chapter 394, 2013 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 207 - Right of appeal.

32B-4-207.
Right of appeal.
In a case arising under this title, the commission or the state has the right of appeal as to a question of law.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 2 - Criminal Procedure › Section 209 - Lawful detention.

32B-4-209.
Lawful detention.
(1)
(a) To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
(i) detain a person; and
(ii) hold any form of identification presented by the person.
(b) The following may take an action described in Subsection (1)(a):
(i) a state store employee;
(ii) a package agent;
(iii) a licensee or permittee;
(iv) a beer retailer; or
(v) staff of a person described in Subsections (1)(b)(ii) through (iv).
(c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:
(i) if that person has reason to believe that the person against whom the action is taken is:
(A) in a facility where liquor or beer is sold; and
(B) in violation of Section 32B-4-409, 32B-4-412, or 32B-4-413;
(ii) in a reasonable manner; and
(iii) for a reasonable length of time.
(2) Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:
(a) false arrest;
(b) false imprisonment;
(c) slander; or
(d) unlawful detention.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 3 - Criminal Offenses in General › Section 301 - Applicability of Utah Criminal Code.

32B-4-301.
Applicability of Utah Criminal Code.
Except as otherwise provided, Title 76, Chapter 1, General Provisions, Chapter 2, Principles of Criminal Responsibility, Chapter 3, Punishments, and Chapter 4, Inchoate Offenses, apply to the prosecution of a criminal offense defined in this chapter or expressly identified as a criminal offense in this title.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 3 - Criminal Offenses in General › Section 302 - Criminal responsibility for conduct of another.

32B-4-302.
Criminal responsibility for conduct of another.
In addition to Title 76, Chapter 2, Part 2, Criminal Responsibility for Conduct of Another, the following principles apply to a violation of this title:
(1)
(a) If a violation of this title is committed by a person in the employ of the occupant of premises in which the offense is committed, or by a person who is required by the occupant to be or remain in or upon the premises, or to act in any way for the occupant, notwithstanding the fact that the offense is committed by a person who is not proved to have committed it under or by the direction of the occupant, the occupant is:
(i) prima facie considered a party to the offense committed; and
(ii) liable as a principal offender.
(b) This section does not relieve the person actually committing the offense from liability.
(2)
(a) If a violation of this title is committed by a corporation, association, partnership, or limited liability company, an officer or agent of the corporation or association, a partner of the partnership, or a manager or member of the limited liability company in charge of the premises in which the offense is committed is:
(i) prima facie considered a party to the offense committed; and
(ii) personally liable to the penalties prescribed for the offense as a principal offender.
(b) This section does not relieve the corporation, association, partnership, or limited liability company, or the person who actually committed the offense from liability.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 3 - Criminal Offenses in General › Section 304 - Violation of title a misdemeanor.

32B-4-304.
Violation of title a misdemeanor.
(1) Unless otherwise provided in this title, a person is guilty of a class B misdemeanor if that person violates:
(a) this chapter; or
(b) a provision of this title that is expressly identified as a criminal offense.
(2) This section is not applicable to an adjudicative proceeding under Chapter 3, Disciplinary Actions and Enforcement Act, but only:
(a) makes a violation described in Subsection (1) a criminal offense; and
(b) establishes a penalty for a violation described in Subsection (1) that is prosecuted criminally.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 402 - Unauthorized sale, offer for sale, or furnishing.

32B-4-402.
Unauthorized sale, offer for sale, or furnishing.
A person authorized by this title to sell an alcoholic product and staff of that person may not sell, offer for sale, or furnish, an alcoholic product in any place, or at any day or time other than as authorized by this title or the rules of the commission.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 403 - Unlawful sale, offer for sale, or furnishing to minor.

Effective 6/1/2022
32B-4-403.
Unlawful sale, offer for sale, or furnishing to minor.
(1) A person may not sell, offer for sale, or furnish an alcoholic product to a minor.
(2)
(a)
(i) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor.
(ii) As used in this Subsection (2)(a), "negligently" means with simple negligence.
(b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if the person who violates Subsection (1) knows the recipient of the alcoholic product is a minor.
(3) This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this title:
(a) for medicinal purposes by:
(i) the parent or guardian of the minor; or
(ii) the health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription; or
(b) as part of a religious organization's religious services.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 404 - Unlawful sale, offer for sale, or furnishing to intoxicated person.

Effective 5/5/2021
32B-4-404.
Unlawful sale, offer for sale, or furnishing to intoxicated person.
(1) A person may not sell, offer for sale, or furnish an alcoholic product directly to:
(a) a person who is actually or apparently intoxicated; or
(b) a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.
(2)
(a) A person who negligently or recklessly violates Subsection (1) is guilty of a class B misdemeanor.
(b) A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor.
(3) As used in Subsection (2)(a), "negligently" means with simple negligence.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 405 - Unlawful sale, offer for sale, or furnishing to interdicted person.

32B-4-405.
Unlawful sale, offer for sale, or furnishing to interdicted person.
(1) A person may not sell, offer for sale, or furnish an alcoholic product to a known interdicted person.
(2) This section does not apply to the sale, offer for sale, or furnishing of an alcoholic product to an interdicted person:
(a) under an order of a health care practitioner who is authorized by law to write a prescription; or
(b) administered by a hospital or health care practitioner authorized by law to administer the alcoholic product for medicinal purposes.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 406 - Unlawful sale, offer for sale, or furnishing of an alcoholic product.

32B-4-406.
Unlawful sale, offer for sale, or furnishing of an alcoholic product.
(1) Except as provided in Subsection (2):
(a) a person may not sell, offer for sale, or furnish beer to the general public in a container that exceeds two liters; and
(b) a person may not purchase or possess beer in a container that exceeds two liters.
(2)
(a) A retail licensee may sell, offer for sale, or furnish beer on draft subject to the requirements of Section 32B-5-304.
(b) A retail licensee may purchase or possess beer in a container that exceeds two liters to be dispensed on draft for consumption subject to the requirements of Section 32B-5-304.
(c) A beer wholesaler licensee may sell, offer for sale, or furnish beer in a container that exceeds two liters to a retail licensee described in Subsection (2)(a).
(3) On or after October 1, 2011:
(a) A person may not sell, offer for sale, or furnish heavy beer in a container that exceeds two liters.
(b) A person may not purchase or possess heavy beer in a container that exceeds two liters.
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 407 - Unlawful sale, offer for sale, or furnishing during emergency.

32B-4-407.
Unlawful sale, offer for sale, or furnishing during emergency.
During a period of emergency proclaimed by the governor to exist in an area of the state, it is unlawful for a person to sell, offer for sale, or furnish an alcoholic product in that area if the director publicly announces and directs that in that area a person may not sell, offer for sale, or furnish an alcoholic product in that area during the period of emergency.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 408 - Unlawful purchase or acceptance.

32B-4-408.
Unlawful purchase or acceptance.
(1) It is unlawful for a person or the person's staff to purchase, take, or accept an alcoholic product from another person, except as provided by this title or the rules of the commission adopted under this title.
(2) An act is unlawful under Subsection (1) if it is taken:
(a) directly or indirectly; or
(b) upon a pretense or device.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 412 - Unlawful purchase by intoxicated person.

32B-4-412.
Unlawful purchase by intoxicated person.
A person may not purchase an alcoholic product if the person is intoxicated.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 413 - Unlawful purchase by interdicted person.

32B-4-413.
Unlawful purchase by interdicted person.
A person may not purchase or possess an alcoholic product if that person is an interdicted person, except:
(1) under an order of a health care practitioner who is authorized by law to write a prescription; or
(2) when administered by a hospital or health care practitioner authorized by law to administer the alcoholic product for medicinal purposes.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 414 - Unlawful possession -- Exceptions.

Effective 5/12/2020
32B-4-414.
Unlawful possession -- Exceptions.
A person may not possess liquor within this state unless authorized by this title or the rules of the commission, except that:
(1) a person who clears United States Customs when entering this country may possess for personal consumption and not for sale or resale, a maximum of nine liters of liquor purchased from without the United States;
(2) a person who enters this state may possess for personal consumption and not for sale or resale, a maximum of nine liters of liquor purchased from without the state;
(3) a person who moves the person's residence to this state from outside of this state may possess for personal consumption and not for sale or resale, liquor previously purchased outside the state and brought into this state during the move;
(4) a person who inherits liquor as a beneficiary of an estate that is located outside the state, may possess the liquor and transport or cause the liquor to be transported into the state if the person provides sufficient documentation to the department to establish the person's legal right to the liquor as a beneficiary; or
(5) a person may transport or possess liquor if:
(a) the person transports or possesses the liquor:
(i) for personal household use and consumption; and
(ii) not for:
(A) sale;
(B) resale;
(C) gifting to another; or
(D) consumption on premises licensed by the commission;
(b) the liquor is purchased from a store or facility on a military installation; and
(c) the maximum amount the person transports or possesses under this Subsection (5) is:
(i) two liters of:
(A) spirituous liquor;
(B) wine; or
(C) a combination of spirituous liquor and wine; and
(ii)
(A) one case of heavy beer that does not exceed 288 ounces; or
(B) one case of a flavored malt beverage that does not exceed 288 ounces.
Amended by Chapter 178, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 416 - Unlawful permitting of consumption by minor.

32B-4-416.
Unlawful permitting of consumption by minor.
(1) A person may not permit a minor to consume an alcoholic product in a chartered bus or limousine of which the person is the owner or operator.
(2) A violation of Subsection (1) is an infraction.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 417 - Unlawful possession by licensee or permittee.

32B-4-417.
Unlawful possession by licensee or permittee.
Except as authorized by Section 32B-4-415, other provisions of this title, or the rules of the commission, a licensee or permittee may not possess, store, or allow consumption of liquor on its premises if the liquor is not purchased from:
(1) the department;
(2) a state store; or
(3) a package agency.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 418 - Unlawful storage.

Effective 5/3/2023
32B-4-418.
Unlawful storage.
It is unlawful for a person to store:
(1) liquor on premises for which the person is authorized to sell beer for on-premise consumption, but for which the person is not licensed under this title to sell liquor; or
(2) an alcoholic beverage for sale on premises for which the person is not licensed or otherwise authorized under this title to sell the alcoholic beverage.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 419 - Unlawful permitting of intoxication.

32B-4-419.
Unlawful permitting of intoxication.
(1) A person may not permit another person to become intoxicated or an intoxicated person to consume an alcoholic product in:
(a) premises of which the person is the owner, tenant, or occupant; or
(b) a chartered bus or limousine of which the person is the owner or operator.
(2) A violation of Subsection (1) is a class C misdemeanor.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 420 - Unlawful adulteration.

32B-4-420.
Unlawful adulteration.
(1) For purposes of this section, "tamper" means to do one or more of the following to the contents of a container:
(a) fortify;
(b) adulterate;
(c) contaminate;
(d) dilute;
(e) change its character or purity; or
(f) otherwise change.
(2) A person may not, for any purpose, mix or allow to be mixed with an alcoholic product sold or supplied by the person as a beverage any of the following:
(a) a drug;
(b) methylic alcohol;
(c) a crude, unrectified, or impure form of ethylic alcohol; or
(d) another deleterious substance.
(3)
(a) The following may not engage in an act listed in Subsection (3)(b):
(i) a package agent;
(ii) a retail licensee;
(iii) a permittee;
(iv) a beer wholesaler licensee;
(v) a liquor warehouser licensee;
(vi) a supplier; or
(vii) an importer.
(b) A person listed in Subsection (3)(a) may not:
(i) tamper with the contents of a container of alcoholic product as originally marketed by a manufacturer;
(ii) refill or partly refill with any substance the contents of an original container of alcoholic product as originally marketed by a manufacturer;
(iii) misrepresent the brand of an alcoholic product sold or offered for sale; or
(iv) sell or furnish a brand of alcoholic product that is not the same as that ordered by a purchaser without first advising the purchaser of the difference.
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 421 - Unlawful consumption in public place.

32B-4-421.
Unlawful consumption in public place.
(1) A person may not consume liquor in a public building, park, or stadium, except as provided by this title.
(2) A violation of this section is a class C misdemeanor.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 422 - Unlawful dispensing.

Effective 5/12/2020
32B-4-422.
Unlawful dispensing.
(1) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituous liquor for consumption on the licensed premises, or staff of the retail licensee may not:
(a) sell, offer for sale, or furnish a primary spirituous liquor to a person on the licensed premises except in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department;
(b) sell, offer for sale, or furnish more than a total of 2.5 ounces of spirituous liquor per beverage;
(c) allow a person on the licensed premises to have more than a total of 2.5 ounces of spirituous liquor at a time; or
(d)
(i) except as provided in Subsection (1)(d)(ii), allow a person to have more than two spirituous liquor beverages at a time; or
(ii) allow a person on the premises of the following to have more than one spirituous liquor beverage at a time:
(A) a full-service restaurant licensee;
(B) a person operating under a full-service restaurant sublicense;
(C) an on-premise banquet licensee;
(D) a person operating under an on-premise banquet sublicense; or
(E) a single event permittee.
(2) A violation of this section is a class C misdemeanor.
Amended by Chapter 219, 2020 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 423 - Immunity regarding alcohol consumption offenses when seeking emergency aid for another person.

32B-4-423.
Immunity regarding alcohol consumption offenses when seeking emergency aid for another person.
(1) A law enforcement officer may not cite or arrest a person solely because of a person's violation of a provision under Subsection (2) if the officer came into contact with the person because:
(a) the person had requested or acted in concert with another person to request emergency medical assistance for a third party who reasonably appeared to be in need of medical care due to the consumption of alcohol;
(b) the officer was responding to the request for emergency medical assistance;
(c) the person provided to the officer the person's name and identifying information as requested by the officer;
(d) the person remained at the location where the third party was located until emergency medical response personnel arrived at the location; and
(e) the person cooperated with the emergency medical assistance personnel and law enforcement officers at the location.
(2) Offenses referred to in Subsection (1) are violations of:
(a) Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of alcohol to a minor;
(b) Subsection 32B-4-409(1) regarding the unlawful purchase, possession, or consumption of alcohol by a minor; and
(c) Subsection 76-9-701(1) regarding intoxication when the offense involves consumption of alcohol.
(3) An officer who declines to cite or arrest a person while acting in good faith under Subsection (1) is not civilly liable.
Enacted by Chapter 169, 2013 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 4 - Sale, Purchase, Possession, and Consumption › Section 424 - Powdered alcohol.

Effective 5/12/2015
32B-4-424.
Powdered alcohol.
(1) As used in this section, "powdered alcohol" means a product that is in a powdered or crystalline form and contains any amount of alcohol.
(2) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, furnish, or possess powdered alcohol for human consumption.
(3) It is unlawful for a holder of a retail license to use powdered alcohol as an alcoholic product.
(4) This section does not apply to the use of powdered alcohol for a commercial use specifically approved by state law or bona fide research purposes by a:
(a) health care practitioner that operates primarily for the purpose of conducting scientific research;
(b) department, commission, board, council, agency, institution, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including a state institution of higher education listed in Section 53B-2-101;
(c) private college or university research facility; or
(d) pharmaceutical or biotechnology company.
Enacted by Chapter 54, 2015 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 501 - Operating without a license or permit.

Effective 5/9/2017
32B-4-501.
Operating without a license or permit.
(1) A person may not operate the following businesses without first obtaining a license under this title if the business allows a person to purchase or consume an alcoholic product on the premises of the business:
(a) a restaurant;
(b) an airport lounge;
(c) a business operated in the same manner as a bar establishment licensee;
(d) a resort;
(e) a business operated to sell, offer for sale, or furnish beer for on-premise consumption;
(f) a business operated as an on-premise banquet licensee;
(g) a hotel; or
(h) a business similar to one listed in Subsections (1)(a) through (g).
(2) A person conducting an event that is open to the general public may not directly or indirectly sell, offer for sale, or furnish an alcoholic product to a person attending the event without first obtaining an event permit under this title.
(3) A person conducting a private event may not directly or indirectly sell or offer for sale an alcoholic product to a person attending the private event without first obtaining an event permit under this title.
(4) A person may not operate the following businesses in this state without first obtaining a license under this title:
(a) a winery manufacturer;
(b) a distillery manufacturer;
(c) a brewery manufacturer;
(d) a local industry representative of:
(i) a manufacturer of an alcoholic product;
(ii) a supplier of an alcoholic product; or
(iii) an importer of an alcoholic product;
(e) a liquor warehouser; or
(f) a beer wholesaler.
(5) A person may not operate a public conveyance in this state without first obtaining a public service permit under this title if that public conveyance allows a person to purchase or consume an alcoholic product:
(a) on the public conveyance; or
(b) on the premises of a hospitality room located within a depot, terminal, or similar facility at which a service is provided to a patron of the public conveyance.
Amended by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 502 - Storing or possessing pursuant to federal stamp.

32B-4-502.
Storing or possessing pursuant to federal stamp.
(1) Except as otherwise provided by this title, it is unlawful for a person who holds a stamp issued by the Bureau of Internal Revenue of the United States as a retail dealer in fermented malt liquor, or the person's operator or staff, to possess, hold, or store liquor in or on premises described in the stamp while the stamp remains in effect unless that person is:
(a) acting for the commission; or
(b) licensed under this title.
(2) This section may not be construed to prevent a person from possessing and consuming, but not storing, liquor on premises described by the fermented malt liquor stamp, if that person is not:
(a) an owner or operator of a retail dealer described in Subsection (1); or
(b) a staff member of either the owner or operator.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 503 - Tampering with a record.

32B-4-503.
Tampering with a record.
(1) It is unlawful for a person who has custody of a record required to be filed or deposited with the commission or the department under this title to:
(a) steal, falsify, alter, willfully destroy, mutilate, deface, remove, or conceal in whole or in part that record; or
(b) knowingly permit another person to take an action described in Subsection (1)(a).
(2)
(a) Except as provided in Subsection (2)(b), a person is guilty of a class B misdemeanor.
(b) A person who violates Subsection (1) is guilty of a third degree felony if that person is a commissioner, the director, or a department employee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 504 - Making false statements.

32B-4-504.
Making false statements.
(1)
(a) A person who makes a false material statement under oath or affirmation in an official proceeding before the commission or the department is guilty of a second degree felony.
(b) As used in Subsection (1)(a), "material" statement is as defined in Section 76-8-501.
(2) A person is guilty of a class B misdemeanor if that person knowingly:
(a) makes a false statement under oath or affirmation in an official proceeding before the commission or the department;
(b) makes a false statement with a purpose to mislead a public servant in performing that public servant's official functions under this title;
(c) makes a false statement and the statement is required by this title to be sworn or affirmed before a notary or other person authorized to administer oaths;
(d) makes a false written statement on or pursuant to a record required by this title;
(e) creates a false impression in a record required by this title by omitting information necessary to prevent a statement in them from being misleading;
(f) makes a false written statement with intent to deceive a public servant in the performance of that public servant's official functions under this title; or
(g) submits or invites reliance on a record required under this title which that person knows to lack authenticity.
(3) A person is not guilty under Subsection (2) if that person retracts the falsification before it becomes apparent that the falsification is or will be exposed.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 505 - Obstructing a search, official proceeding, or investigation.

Effective 5/3/2023
32B-4-505.
Obstructing a search, official proceeding, or investigation.
(1) A person who is in the premises or has charge over premises may not refuse or fail to admit to the premises or obstruct the entry of any of the following who demands entry when acting under this title:
(a) a commissioner;
(b) an authorized representative of the commission or department; or
(c) a law enforcement officer.
(2) A person who is in the premises or has charge of the premises may not interfere with any of the following who is conducting an investigation under this title at the premises:
(a) a commissioner;
(b) an authorized representative of the commission or department; or
(c) a law enforcement officer.
(3) After receiving written notice of an official proceeding or investigation under Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy, conceal, or remove a record that is relevant to the official proceeding or investigation.
(4) A person who believes that an official proceeding or investigation is pending or about to be instituted under this title may not:
(a) alter, destroy, conceal, or remove a record with a purpose to impair the record's verity or availability in the proceeding or investigation; or
(b) make, present, or use anything that the person knows to be false with the purpose to deceive any of the following who may be engaged in the proceeding or investigation:
(i) a commissioner;
(ii) an authorized representative of the commission or department;
(iii) a law enforcement officer; or
(iv) another person.
(5)
(a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3) is a class B misdemeanor.
(b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to an official proceeding or investigation for a violation of Section 32B-4-404.
(c) A violation of Subsection (4) is a class A misdemeanor.
Amended by Chapter 400, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 508 - Offering or soliciting bribe, gift, or profits.

32B-4-508.
Offering or soliciting bribe, gift, or profits.
(1) If a person sold, sells, offered for sale, or offers to sell an alcoholic product to the commission or department, that person may not offer, make, tender, or in any way deliver or transfer to a commissioner, the director, a department employee, or a law enforcement officer responsible for the enforcement of this title the following:
(a) a bribe;
(b) a gift, as defined in Section 67-16-5; or
(c) a share of profits.
(2) A commissioner, the director, a department employee, or a law enforcement officer responsible for the enforcement of this title may not knowingly solicit, receive, accept, take, or seek, directly or indirectly, any of the following from a person who sold, sells, offered for sale, or offers to sell an alcoholic product:
(a) a commission;
(b) compensation, as defined in Section 67-16-3;
(c) a gift, as defined in Section 67-16-5; or
(d) a loan.
(3) A violation of this section is punishable under Section 67-16-12.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 5 - Operations › Section 509 - Forgery.

32B-4-509.
Forgery.
(1)
(a) A person who with a purpose to defraud the commission or the department, or who with knowledge that the person is facilitating a fraud to be perpetrated by anyone, forges a record required under this title, is guilty of forgery as provided under Section 76-6-501.
(b) A violation of Subsection (1)(a) is a second degree felony.
(2) A person who with intent to defraud the commission or the department knowingly possesses a record that is a forgery as defined in Section 76-6-501 is guilty of a third degree felony.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 6 - Transportation and Distribution › Section 601 - Unlawful removal from conveyance or diversion of shipment.

32B-4-601.
Unlawful removal from conveyance or diversion of shipment.
(1) It is unlawful for a person transporting an alcoholic product, including a motor carrier, in interstate or other commerce intended for, or consigned to, or claimed to be intended for or consigned to a person outside of this state, to remove or to permit a person to remove the alcoholic product or any part of the alcoholic product from the conveyance in which it is carried while within this state.
(2) Notwithstanding Subsection (1), removal of an alcoholic product from a conveyance may be allowed if the person described in Subsection (1) notifies the department in writing at least 24 hours before the intended removal and complies with the instructions given by the department.
(3) It is unlawful for a person to receive for storage or another purpose, or to possess an alcoholic product, that is removed from a vehicle or other conveyance in violation of this section.
(4) It is unlawful for a person, including a motor vehicle, to divert to any place within this state, or to deliver to any person in this state, an alcoholic product that is consigned for shipment to any place without this state, unless the person:
(a) first notifies the department in writing at least 24 hours before the intended diversion or delivery; and
(b) complies with the instructions given by the department.
(5) Upon receiving a notice under Subsection (2) or (4), the department shall take precautions as necessary to ensure compliance with the laws of this state relating to an alcoholic product.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 6 - Transportation and Distribution › Section 602 - Unlawful transportation.

32B-4-602.
Unlawful transportation.
(1) It is unlawful for a person, including a motor carrier, or staff of the person to order or purchase an alcoholic product or to cause an alcoholic product to be shipped, carried, or transported into this state, or from one place to another within this state except as otherwise authorized by this title.
(2) This section does not prohibit a person, including a motor carrier, from:
(a) transporting an alcoholic product in the course of export from the state; or
(b) transporting an alcoholic product across any part of this state while in transit pursuant to a bona fide consignment of the alcoholic product to a person outside of this state.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 6 - Transportation and Distribution › Section 603 - Carriers' records.

32B-4-603.
Carriers' records.
(1)
(a) A person, including a motor carrier, transporting an alcoholic product into or within this state shall make and maintain a record in which is entered, immediately on the receipt of an alcoholic product:
(i) the name of every person to whom the alcoholic product is consigned;
(ii) the amount and kind of alcoholic product received; and
(iii) the date when the alcoholic product is delivered.
(b)
(i) Except as provided in Subsection (1)(b)(ii), a consignee shall sign the consignee's name.
(ii) If the consignee is a corporation, partnership, or limited liability company, an agent authorized in writing shall sign the record described in Subsection (1)(a).
(2) A person described in Subsection (1) shall make the record open to inspection by an authorized official of the state or local authority at any time during the person's business hours.
(3) A record under this section constitutes prima facie evidence of the facts stated in the record and is admissible as evidence in a court proceeding to enforce this title.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 4 - Criminal Offenses and Procedure Act › Part 7 - Trade Practices Act › Section 702 - Definitions.

32B-4-702.
Definitions.
As used in this part:
(1)
(a) For purposes of Section 32B-4-703, "exclusion" is as defined in 27 C.F.R. Sec. 8.51 through 8.54.
(b) For purposes of Section 32B-4-704, "exclusion" is as defined in 27 C.F.R. Sec. 6.151 through 6.153.
(2)
(a) "Industry member" means:
(i) an alcoholic product manufacturer;
(ii) a producer;
(iii) a supplier;
(iv) an importer;
(v) a wholesaler;
(vi) a bottler;
(vii) a warehouser and bottler; or
(viii) for a person described in Subsections (2)(a)(i) through (vii), any of its:
(A) affiliates;
(B) subsidiaries;
(C) officers;
(D) directors;
(E) partners;
(F) agents;
(G) employees; or
(H) representatives.
(b) "Industry member" does not include:
(i) the commission;
(ii) a commissioner;
(iii) the director;
(iv) the department; or
(v) a department employee.
(3) "Product" means an alcoholic product or item associated with an alcoholic product.
(4) "Retailer" means:
(a) the holder of a license or permit issued by the commission or by a local authority to allow the holder to engage in the sale of an alcoholic product to a patron whether for consumption on or off the premises; or
(b) an agent, officer, director, shareholder, partner, or employee of a holder described in Subsection (4)(a).
Enacted by Chapter 276, 2010 General Session