reglab/statecodes huggingface dataset:
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 3 - Qualifications and Background › Section 303 - Qualifications related to employment with the department.

Effective 7/1/2021
32B-1-303.
Qualifications related to employment with the department.
(1) The department may not employ a person if that person has been convicted of:
(a) within seven years before the day on which the department employs the person, a felony under a federal law or state law;
(b) within four years before the day on which the department employs the person:
(i) a violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product; or
(ii) a crime involving moral turpitude; or
(c) on two or more occasions within the five years before the day on which the department employs the person, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs.
(2) The director may terminate a department employee or take other disciplinary action consistent with Title 63A, Chapter 17, Utah State Personnel Management Act, if:
(a) after the day on which the department employs the department employee, the department employee is found to have been convicted of an offense described in Subsection (1) before being employed by the department; or
(b) on or after the day on which the department employs the department employee, the department employee:
(i) is convicted of an offense described in Subsection (1)(a) or (b); or
(ii)
(A) is convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(B) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may immediately suspend a department employee for the period during which a criminal matter is being adjudicated if the department employee:
(a) is arrested on a charge for an offense described in Subsection (1)(a) or (b); or
(b)
(i) is arrested on a charge for the offense of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(ii) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs within five years before the day on which the person is arrested on a charge described in Subsection (3)(b)(i).
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 3 - Qualifications and Background › Section 306 - Use of information from a criminal background check.

Effective 5/14/2019
32B-1-306.
Use of information from a criminal background check.
The commission or department may use information obtained pursuant to Section 32B-1-305 only for one or more of the following purposes:
(1) enforcing this title;
(2) determining whether an individual is convicted of any of the following offenses that disqualify the individual under this title from acting in a capacity described in Subsection 32B-1-305(2):
(a) within the previous seven years, a felony under federal law or state law;
(b) within the previous four years:
(i) a violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product; or
(ii) a crime involving moral turpitude; or
(c) on two or more occasions within the previous five years, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs;
(3) determining whether an individual fails to accurately disclose the individual's criminal history on an application or document filed with the department or commission;
(4) approving or denying an application for employment with the department;
(5) taking disciplinary action against a department employee, including possible termination of employment;
(6) issuing or denying an application to operate a package agency;
(7) issuing or denying an application for a license;
(8) issuing or denying the renewal of a package agency agreement;
(9) issuing or denying the renewal of a license;
(10) suspending the operation of a package agency;
(11) terminating a package agency contract; or
(12) suspending or revoking a license.
Amended by Chapter 145, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 402 - Definitions.

32B-1-402.
Definitions.
As used in this part:
(1) "Authorized person" means a person authorized by law to sell or otherwise handle an alcoholic product.
(2) "Restricted area" means a place where an alcoholic product is sold or consumed, but where under this title a minor is not permitted.
(3) "Statement of age" means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement.
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 403 - Unlawful transfer or use of proof of age -- False information.

32B-1-403.
Unlawful transfer or use of proof of age -- False information.
(1)
(a) It is unlawful for a person to transfer that person's proof of age to another person to aid that person:
(i) in procuring an alcoholic product;
(ii) in gaining admittance to a restricted area; or
(iii) in obtaining employment that under this title may not be obtained by a minor.
(b) A person who permits that person's proof of age to be used by another for a purpose stated in Subsection (1)(a) is guilty of a class B misdemeanor.
(2)
(a) It is unlawful for a person to use a proof of age containing false information with the intent to:
(i) procure an alcoholic product;
(ii) gain admittance to a restricted area; or
(iii) obtain employment that under this title may not be obtained by a minor.
(b) Except as provided in Section 32B-4-411, a person who violates this Subsection (2) is guilty of a class A misdemeanor.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 404 - Presentation of proof of age upon request.

32B-1-404.
Presentation of proof of age upon request.
(1) To obtain one or more of the following, an individual shall present proof of age at the request of a person listed in Subsection (2):
(a) an alcoholic product;
(b) admittance to a restricted area; or
(c) employment that under this title may not be obtained by a minor.
(2) To determine whether the individual described in Subsection (1) is 21 years of age, the following may request a person described in Subsection (1) to present proof of age:
(a) an authorized person;
(b) a peace officer;
(c) a representative of the State Bureau of Investigation of the Department of Public Safety, established in Section 53-10-301; or
(d) an authorized department employee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 405 - Additional requirements when age is in question.

32B-1-405.
Additional requirements when age is in question.
(1)
(a) In addition to requesting the presentation of proof of age under Section 32B-1-404, an authorized person shall require an individual whose age is in question to sign a statement of age on the form provided under Subsection (1)(b) that includes:
(i) the date the statement of age is signed; and
(ii) the number assigned to the individual's proof of age by the issuing authority.
(b) At the request of a retail licensee, the commissioner of public safety shall provide to a retail licensee the form for the statement of age described in this Subsection (1).
(2)
(a) An authorized person shall:
(i) file in alphabetical order a statement of age obtained under Subsection (1) by no later than the close of business on the day on which the statement of age is executed; and
(ii) maintain a statement of age on file for three years.
(b) A statement of age is subject to examination by:
(i) a peace officer;
(ii) a representative of the State Bureau of Investigation of the Department of Public Safety, established in Section 53-10-301; or
(iii) an authorized department employee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 406 - Acceptance of identification.

32B-1-406.
Acceptance of identification.
(1) An authorized person may accept as evidence of the legal age of the individual presenting the following:
(a) proof of age; or
(b) if a statement of age is required under Section 32B-1-405:
(i) proof of age; and
(ii) a statement of age.
(2) A statement of age, if properly completed, signed, and filed in accordance with Section 32B-1-405, may be offered as a defense in a case when there is at issue the legality of:
(a) selling, offering for sale, or furnishing an alcoholic product to the individual who signed the statement of age;
(b) admitting the individual who signed the statement of age into a restricted area; or
(c) allowing the individual who signed the statement of age to be employed in employment that under this title may not be obtained by a minor.
(3) An authorized person may not accept a driving privilege card issued in accordance with Section 53-3-207 as evidence of the legal age of an individual.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 407 - Verification of proof of age by applicable licensees.

Effective 7/1/2022
32B-1-407.
Verification of proof of age by applicable licensees.
(1) As used in this section, "applicable licensee" means:
(a) a dining club;
(b) a bar;
(c) a tavern;
(d) a full-service restaurant;
(e) a limited-service restaurant; or
(f) a beer-only restaurant.
(2) Notwithstanding any other provision of this part, an applicable licensee shall require that an authorized person for the applicable licensee verify proof of age as provided in this section.
(3) An authorized person is required to verify proof of age under this section before an individual who appears to be 35 years of age or younger:
(a) gains admittance to the premises of a bar licensee or tavern;
(b) procures an alcoholic product on the premises of a dining club licensee; or
(c) procures an alcoholic product in a dispensing area in the premises of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee.
(4) To comply with Subsection (3), an authorized person shall:
(a) request the individual present proof of age; and
(b)
(i) verify the validity of the proof of age electronically under the verification program created in Subsection (5); or
(ii) if the proof of age cannot be electronically verified as provided in Subsection (4)(b)(i), request that the individual comply with a process established by the commission by rule.
(5) The commission shall establish by rule an electronic verification program that includes the following:
(a) the specifications for the technology used by the applicable licensee to electronically verify proof of age, including that the technology display to the person described in Subsection (2) no more than the following for the individual who presents the proof of age:
(i) the name;
(ii) the age;
(iii) the number assigned to the individual's proof of age by the issuing authority;
(iv) the birth date;
(v) the gender; and
(vi) the status and expiration date of the individual's proof of age; and
(b) the security measures that shall be used by an applicable licensee to ensure that information obtained under this section is:
(i) used by the applicable licensee only for purposes of verifying proof of age in accordance with this section; and
(ii) retained by the applicable licensee for seven days after the day on which the applicable licensee obtains the information.
(6)
(a) An applicable licensee may not disclose information obtained under this section except as provided under this title.
(b) Information obtained under this section is considered a record for any purpose under Chapter 5, Part 3, Retail Licensee Operational Requirements.
Amended by Chapter 249, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 4 - Proof of Age Act › Section 408 - Penalty.

32B-1-408.
Penalty.
(1) Unless otherwise provided in this title, including Section 32B-4-411, a person who violates this part is guilty of a class B misdemeanor.
(2) A person is not subject to a penalty for a violation of this part if it is proved to the commission or the court hearing the matter that the person charged with the violation acted in good faith.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 5 - Attire, Conduct, and Entertainment Act › Section 501 - Title.

32B-1-501.
Title.
This part is known as the "Attire, Conduct, and Entertainment Act."
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 5 - Attire, Conduct, and Entertainment Act › Section 502 - Purpose -- Application to other laws.

32B-1-502.
Purpose -- Application to other laws.
(1) This part establishes reasonable and uniform time, place, and manner of operation requirements relating to attire, conduct, and sexually oriented entertainers on premises or at an event at which an alcoholic product is sold, offered for sale, furnished, or allowed to be consumed under a retail license or permit issued by the commission so as to:
(a) reduce the adverse secondary effects that the attire, conduct, and sexually oriented entertainers may have upon communities of this state; and
(b) protect the health, peace, safety, welfare, and morals of the residents of communities of this state.
(2) Nothing in this part allows the showing or display of any matter that is contrary to:
(a) applicable federal or state statutes prohibiting obscenity; or
(b) state statutes relating to lewdness or indecent public displays.
(3) A local authority may be more restrictive of attire, conduct, or sexually oriented entertainers of the type prohibited in this part.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 5 - Attire, Conduct, and Entertainment Act › Section 504 - General requirements on attire and conduct.

Effective 5/8/2018
32B-1-504.
General requirements on attire and conduct.
(1) As used in this section, "obscene" means that:
(a) the average individual, applying contemporary community standards, would find the conduct or material, taken as a whole, appeals to the prurient interest;
(b) the conduct or material depicts or describes sexual conduct in a patently offensive way; and
(c) the conduct or material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(2) The following attire and conduct on premises or at an event regulated by the commission under this title are considered contrary to the public health, peace, safety, welfare, and morals, and are prohibited:
(a) employing or using a person in the sale, offer for sale, or furnishing of an alcoholic product while the person is in:
(i) a state of nudity;
(ii) a state of seminudity; or
(iii) performance attire or clothing that exposes to view any portion of:
(A) the female breast below the top of the areola; or
(B) the cleft of the buttocks;
(b) employing or using the services of a person to mingle with patrons while the person is in:
(i) a state of nudity;
(ii) a state of seminudity; or
(iii) performance attire or clothing that exposes to view any portion of:
(A) the female breast below the top of the areola; or
(B) the cleft of the buttocks;
(c) encouraging or permitting a person to:
(i) engage in or simulate an act of:
(A) sexual intercourse;
(B) masturbation;
(C) sodomy;
(D) bestiality;
(E) oral copulation;
(F) flagellation; or
(G) a sexual act that is prohibited by Utah law; or
(ii) caress or fondle the breast, anus, or genitals of any other person;
(d) permitting a person to wear or use a device or covering that:
(i) is exposed to view; and
(ii) simulates all or any portion of the human genitals, anus, pubic area, or female breast;
(e) permitting a person to use an artificial device or inanimate object to depict an act prohibited by this section;
(f) permitting a person to remain on premises or at an event who exposes to public view any portion of that person's:
(i) genitals, pubic area, or anus; or
(ii) in the case of a female, the areola and nipple of the breast; or
(g) showing a film, still picture, electronic reproduction, or other visual reproduction depicting conduct or material that is obscene or in violation of other state or federal law regarding pornography or obscenity.
(3) Subsection (2) does not apply to artistic expression that:
(a) when taken as a whole, has serious literary, artistic, political, or scientific value;
(b) is not in violation of state or federal law regarding pornography or obscenity; and
(c) occurs on premises or at an event regulated by the commission under this title that is not predominantly used for performances by sexually oriented entertainers.
Amended by Chapter 313, 2018 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 5 - Attire, Conduct, and Entertainment Act › Section 506 - Compliance -- Administrative enforcement.

32B-1-506.
Compliance -- Administrative enforcement.
(1) A retail licensee, a permittee, and staff of a licensee or permittee shall comply with this part.
(2) Failure to comply with this part may result in a disciplinary proceeding pursuant to Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) a licensee or permittee;
(b) staff of the licensee or permittee;
(c) both a licensee and staff of the licensee; or
(d) both a permittee and staff of the permittee.
Enacted by Chapter 276, 2010 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 602 - Definitions.

32B-1-602.
Definitions.
As used in this part:
(1) "Malted beverage" means:
(a) beer;
(b) a flavored malt beverage; and
(c) heavy beer.
(2) "Packaging" means the outer packaging that is visible to a consumer such as a carton, case, or other wrapper of a container.
Amended by Chapter 307, 2011 General Session
Amended by Chapter 334, 2011 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 603 - Power of the commission and department to classify flavored malt beverages.

Effective 5/3/2023
32B-1-603.
Power of the commission and department to classify flavored malt beverages.
(1) The commission and department shall regulate a flavored malt beverage as liquor.
(2)
(a) The department shall make available to the public on the Internet a list of the flavored malt beverages authorized to be sold in this state as liquor.
(b) The list described in Subsection (2)(a) shall be updated at least quarterly.
(3)
(a) A manufacturer shall file, under penalty of perjury, a report with the department listing each flavored malt beverage manufactured by the manufacturer that the manufacturer wants to distribute in this state subject to the manufacturer holding:
(i) a brewery manufacturing license issued in accordance with Chapter 11, Part 5, Brewery Manufacturing License; or
(ii) a certificate of approval.
(b) A manufacturer may not distribute or sell in this state a flavored malt beverage if the manufacturer does not list the flavored malt beverage in a filing with the department in accordance with this Subsection (3) before distributing or selling the flavored malt beverage.
(4) The department may require a manufacturer of a flavored malt beverage to provide the department with a copy of the following filed with the federal Alcohol and Tobacco Tax and Trade Bureau, pursuant to 27 C.F.R. Sec. 25.55:
(a) a statement of process; or
(b) a formula.
(5)
(a) A manufacturer of an alcoholic product that the department is classifying or proposes to classify as a flavored malt beverage may submit evidence to the department that the manufacturer's alcoholic product should not be treated as a flavored malt beverage under this section because the alcoholic product is beer or heavy beer.
(b) The department shall review the evidence submitted by the manufacturer under this Subsection (5).
(c) The department shall make available to the public on the Internet a list of the alcoholic products authorized under this Subsection (5) to be sold as beer in this state.
(d) A decision of the department under this Subsection (5) may be appealed to the commission.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 604 - Requirements for labeling and packaging -- Authority of the commission and department.

Effective 6/1/2022
32B-1-604.
Requirements for labeling and packaging -- Authority of the commission and department.
(1) A manufacturer may not distribute or sell a malted beverage:
(a) unless the label and packaging of the malted beverage:
(i) complies with the federal label requirements of 27 C.F.R. Parts 7, 13, and 16; and
(ii) clearly gives notice to the public that the malted beverage is an alcoholic product; and
(b) until the day on which the department in accordance with this title and rules of the commission approves the label and packaging of the malted beverage.
(2) The department shall review the label and packaging of a malted beverage to ensure that the label and packaging meet the requirements of Subsection (1)(a).
(3) Except as otherwise required under Section 32B-1-606, a manufacturer may comply with the requirement of Subsection (1)(a)(ii) by including on a label and packaging for a malted beverage any of the following terms in obvious and clearly visible contrast to the background of the text:
(a) beer;
(b) ale;
(c) porter;
(d) stout;
(e) lager;
(f) lager beer;
(g) hard seltzer;
(h) spiked seltzer; or
(i) another class or type designation commonly applied to a malted beverage that conveys by a recognized term that the product contains alcohol.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 605 - General procedure for approval.

Effective 6/1/2022
32B-1-605.
General procedure for approval.
(1) To obtain approval of the label and packaging of a malted beverage, the manufacturer of the malted beverage shall submit an application to the department for approval.
(2) The application described in Subsection (1) shall be on a form approved by the department and include the following for each brand and label for which the manufacturer seeks approval:
(a)
(i) a copy of a federal certificate of label approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau; or
(ii) if the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau does not require label approval, a copy of formula approval from the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
(b) a complete set of original labels for each size of container of the malted beverage;
(c) a description of the size of the container on which a label will be placed;
(d) a description of each type of container of the malted beverage; and
(e) a description of any packaging for the malted beverage.
(3) The department may assess a reasonable fee for reviewing a label and packaging for approval.
(4)
(a) The department shall notify a manufacturer within 30 days after the day on which the manufacturer submits a complete application whether the label and packaging is approved or denied.
(b) If the department determines that an unusual circumstance requires additional time, the department may extend the time period described in Subsection (4)(a).
(5) A manufacturer shall obtain the approval of the department of a revision of a previously approved label and packaging before a malted beverage using the revised label and packaging may be distributed or sold in this state.
(6)
(a) The department may revoke a label and packaging previously approved upon a finding that the label and packaging is not in compliance with this title or rules of the commission.
(b) The department shall notify the manufacturer who applied for an approved label and packaging at least 30 business days before the day on which the label and packaging approval is considered revoked.
(c) Within 20 business days after the day on which a manufacturer receives the notice under Subsection (6)(b), the manufacturer may present written argument or evidence to the department on why the revocation should not occur.
(7)
(a) A manufacturer that applies for approval of a label and packaging may appeal a denial or revocation of a label and packaging approval to the commission.
(b) During the period in which a manufacturer appeals a denial or revocation of a label and packaging approval to the commission, as permitted under Subsection (7)(a), the denial or revocation shall remain in force.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 607 - Rulemaking authority.

Effective 5/5/2021
32B-1-607.
Rulemaking authority.
(1) The commission may adopt rules necessary to implement this part.
(2) Notwithstanding Subsections 32B-1-102(12) and (51), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules that allow for a tolerance in the alcohol content of beer or heavy beer as follows:
(a) up to 0.18% above or below when measured by volume; or
(b) up to 0.15% above or below when measured by weight.
Amended by Chapter 291, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 6 - Malted Beverage Act › Section 608 - Disciplinary proceeding for violation.

Effective 5/3/2023
32B-1-608.
Disciplinary proceeding for violation.
A person who violates this part:
(1) is subject to a disciplinary proceeding under Chapter 3, Disciplinary Actions and Enforcement Act; and
(2) may be subject to penalties under Chapter 4, Criminal Offenses and Procedure Act.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 7 - Alcohol Training and Education Act › Section 701 - Definitions.

Effective 6/1/2022
32B-1-701.
Definitions.
As used in this part:
(1) "Off-premise retail manager" means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act.
(2)
(a) "Off-premise retail staff" means an individual who sells beer at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act.
(b) "Off-premise retail staff" does not include an off-premise retail manager.
(3) "Retail manager" means an individual who:
(a) manages operations at a premises that is licensed under Chapter 5, Retail License Act; or
(b) supervises the furnishing of an alcoholic product at a premises that is licensed under Chapter 5, Retail License Act.
(4)
(a) "Retail staff" means an individual who serves an alcoholic product at a premises licensed under Chapter 5, Retail License Act.
(b) "Retail staff" does not include a retail manager.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 7 - Alcohol Training and Education Act › Section 702 - Alcohol training and education -- Revocation, suspension, or nonrenewal of retail license.

Effective 5/14/2019
32B-1-702.
Alcohol training and education -- Revocation, suspension, or nonrenewal of retail license.
(1) The commission may suspend, revoke, or not renew a license of a retail licensee if any of the following individuals fail to complete an alcohol training and education seminar:
(a) a retail manager; or
(b) retail staff.
(2) A city, town, metro township, or county in which a retail licensee conducts business may suspend, revoke, or not renew the business license of the retail licensee if a retail manager or retail staff fails to complete an alcohol training and education seminar.
(3) A local authority that issues an off-premise beer retailer license to a business that is engaged in the retail sale of beer for consumption off the beer retailer's premises may immediately suspend the off-premise beer retailer license if any of the following individuals fails to complete an alcohol training and education seminar:
(a) an off-premise retail manager; or
(b) off-premise retail staff.
Renumbered and Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 7 - Alcohol Training and Education Act › Section 703 - Alcohol training and education for off-premise consumption.

Effective 5/3/2023
32B-1-703.
Alcohol training and education for off-premise consumption.
(1)
(a) A local authority that issues an off-premise beer retailer license to a business to sell beer at retail for off-premise consumption shall require the following to have a valid record that the individual completed an alcohol training and education seminar in the time periods required by Subsection (1)(b):
(i) an off-premise retail manager; or
(ii) off-premise retail staff.
(b) If an individual on the date the individual becomes staff to an off-premise beer retailer does not have a valid record that the individual has completed an alcohol training and education seminar for purposes of this part, the individual shall complete an alcohol training and education seminar in accordance with Section 26B-5-205 before the day on which the individual begins work as staff of an off-premise beer retailer.
(c) An off-premise beer retailer may not permit an individual who is not in compliance with Subsection (1)(b) to:
(i) directly supervise the sale of beer to a customer for consumption off the premises of the off-premise beer retailer; or
(ii) sell beer to a customer for consumption off the premises of the off-premise beer retailer.
(2) A licensee that violates this section is subject to Section 32B-1-702.
Amended by Chapter 328, 2023 General Session
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 1 - Alcoholic Beverage Control General Provisions › Part 7 - Alcohol Training and Education Act › Section 705 - Tracking certain enforcement actions.

Effective 5/3/2023
32B-1-705.
Tracking certain enforcement actions.
(1) For each violation of a provision of this title involving the sale of an alcoholic product to a minor that staff of a retail licensee or off-premise beer retailer commits, the commission shall:
(a) maintain a record of the violation until the record is expunged in accordance with Subsection (3);
(b) include in the record described in Subsection (1)(a):
(i) the name of the individual who committed the violation;
(ii) the name of the retail licensee or off-premise beer retailer; and
(iii) the date of the adjudication of the violation; and
(c) provide the information described in Subsection (1)(b) to the Department of Public Safety within 30 days after the day on which the violation is adjudicated.
(2)
(a) The Department of Public Safety shall develop and operate a system to collect, analyze, maintain, track, and disseminate the information that the Department of Public Safety receives in accordance with Subsection (1).
(b) The Department of Public Safety shall make the system described in Subsection (2)(a) available to:
(i) assist the commission in assessing penalties under this title; and
(ii) inform a retail licensee or off-premise beer retailer of an individual who has a violation history in the system.
(3) The commission and the Department of Public Safety shall expunge each record in the system described in Subsection (2) that relates to an individual if the individual does not violate a provision of this title related to the sale of an alcoholic product to a minor for a period of 36 consecutive months from the day on which the individual's last violation related to the sale of an alcoholic product to a minor was adjudicated.
Amended by Chapter 371, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 1 - General Provisions › Section 101 - Title.

Effective 6/1/2022
32B-2-101.
Title.
This chapter is known as the "Alcoholic Beverage Services Administration Act."
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 201.5 - Commission subcommittee -- Chair's oversight responsibilities.

32B-2-201.5.
Commission subcommittee -- Chair's oversight responsibilities.
(1) There is created within the commission two subcommittees consisting of members of the commission and known as the:
(a) "Compliance, Licensing, and Enforcement Subcommittee"; and
(b) "Operations and Procurement Subcommittee."
(2) A subcommittee shall have four members, including the chair of the commission. The chair of the commission shall appoint the members to a subcommittee.
(3) The director shall consult with the chair of the commission over:
(a) the internal affairs of the department; and
(b) subject to Section 32B-2-207, hiring and firing of upper management of the department.
(4) The commission by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall establish the duties of the subcommittees created under this section.
Enacted by Chapter 365, 2012 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 203 - Department of Alcoholic Beverage Services created.

Effective 6/1/2022
32B-2-203.
Department of Alcoholic Beverage Services created.
(1) There is created the Department of Alcoholic Beverage Services. The department is governed by the commission.
(2) The director of alcoholic beverage services appointed under Section 32B-2-205 shall administer the department.
(3) The director shall allocate the duties within the department into the divisions, bureaus, sections, offices, and committees as the director considers necessary for the administration of this title.
(4) The department shall cooperate with any other recognized agency in the administration of this title and in the enforcement of a policy or rule of the commission or policy of the director.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 204 - Powers and duties of the department -- Immunity.

Effective 5/14/2019
32B-2-204.
Powers and duties of the department -- Immunity.
(1) The department shall control liquor merchandise inventory including:
(a) listing and delisting a product;
(b) the procedures for testing a new product;
(c) purchasing policy;
(d) turnover requirements for a regularly coded product to be continued; and
(e) the disposition of discontinued, distressed, or unsaleable merchandise.
(2)
(a) The department shall report to the governor on the administration of this title:
(i) as the governor may require; and
(ii) annually by no later than November 30, for the fiscal year ending June 30 of the year in which the report is made.
(b) A report under this Subsection (2) shall contain:
(i) a statement of the nature and amount of the business transacted by the department during the year;
(ii) a statement of the department's assets and liabilities including a profit and loss account, and other accounts and matters necessary to show the results of operations of the department for the year;
(iii) general information on the application of this title in the state; and
(iv) any other information requested by the governor.
(c) The department shall submit a copy of a report described in this Subsection (2) to the Legislature.
(3) The department shall maintain insurance against loss on each motor vehicle operated by it on any public highway. A motor vehicle shall be covered for:
(a) liability imposed by law upon the department for damages from bodily injuries suffered by one or more persons by reason of the ownership, maintenance, or use of the motor vehicle; and
(b) liability or loss from damage to or destruction of property of any description, including liability of the department for the resultant loss of use of the property, which results from accident due to the ownership, maintenance, or use of the motor vehicle.
(4)
(a) The department may sue, be sued, and defend in a proceeding, in a court of law or otherwise, in the name of the department.
(b) An action may not be taken:
(i) against the commission; or
(ii) in the name of a commissioner.
(5) The department is liable to respond in damages in a case if a private corporation under the same circumstances would be liable.
(6)
(a)Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies in an action commenced against the department for damages sustained as a result of department ownership, maintenance, or use of a motor vehicle under Subsections (4) and (5).
(b) In an action described in Subsection (6)(a), the commission and each commissioner are immune from suit.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules related to measuring the alcohol content of beer.
Amended by Chapter 403, 2019 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 205 - Director of alcoholic beverage services.

Effective 6/1/2022
32B-2-205.
Director of alcoholic beverage services.
(1)
(a) In accordance with Subsection (1)(b), the governor, with the advice and consent of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. The director may be appointed to more than one four-year term. The director is the administrative head of the department.
(b)
(i) The governor shall appoint the director from nominations made by the commission.
(ii) The commission shall submit the nomination of three individuals to the governor for appointment of the director.
(iii) By no later than 30 calendar days from the day on which the governor receives the three nominations submitted by the commission, the governor may:
(A) appoint the director; or
(B) reject the three nominations.
(iv) If the governor rejects the nominations or fails to take action within the 30-day period, the commission shall nominate three different individuals from which the governor may appoint the director or reject the nominations until such time as the governor appoints the director.
(v) The governor may reappoint the director without seeking nominations from the commission. Reappointment of a director is subject to the advice and consent of the Senate.
(c)
(i) If there is a vacancy in the position of director, during the nomination process described in Subsection (1)(b), the governor may appoint an interim director for a period of up to 30 calendar days.
(ii) If a director is not appointed within the 30-day period, the interim director may continue to serve beyond the 30-day period subject to the advice and consent of the Senate at the next scheduled time for the Senate giving consent to appointments of the governor.
(iii) Except that if the Senate does not act on the consent to the appointment of the interim director within 60 days of the end of the initial 30-day period, the interim director may continue as the interim director.
(d) The director may be terminated by:
(i) the commission by a vote of four commissioners; or
(ii) the governor after consultation with the commission.
(e) The director may not be a commissioner.
(f) The director shall:
(i) be qualified in administration;
(ii) be knowledgeable by experience and training in the field of business management; and
(iii) possess any other qualification prescribed by the commission.
(2) The governor shall establish the director's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(3) The director shall:
(a) carry out the policies of the commission;
(b) carry out the policies of the department;
(c) fully inform the commission of the operations and administrative activities of the department; and
(d) assist the commission in the proper discharge of the commission's duties.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 207 - Department employees -- Requirements.

Effective 7/1/2021
32B-2-207.
Department employees -- Requirements.
(1) "Upper management" means the director, a deputy director, or other Schedule AD, AR, or AS employee of the department, as defined in Section 63A-17-301, except for the director of internal audits and auditors hired by the director of internal audits under Section 32B-2-302.5.
(2)
(a) Subject to this title, including the requirements of Chapter 1, Part 3, Qualifications and Background, the director may prescribe the qualifications of a department employee.
(b) The director may hire an employee who is upper management only with the approval of four commissioners voting in an open meeting.
(c) Except as provided in Section 32B-1-303, the executive director may dismiss an employee who is upper management after consultation with the chair of the commission.
(3)
(a) A person who seeks employment with the department shall file with the department an application under oath or affirmation in a form prescribed by the commission.
(b) Upon receiving an application, the department shall determine whether the individual is:
(i) of good moral character; and
(ii) qualified for the position sought.
(c) The department shall select an individual for employment or advancement with the department in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act.
(4) The following are not considered a department employee:
(a) a package agent;
(b) a licensee;
(c) a staff member of a package agent; or
(d) staff of a licensee.
(5) The department may not employ a minor to:
(a) work in:
(i) a state store; or
(ii) a department warehouse; or
(b) engage in an activity involving the handling of an alcoholic product.
(6) The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 208 - Services of State Health Laboratory.

Effective 5/3/2023
32B-2-208.
Services of State Health Laboratory.
The State Health Laboratory shall make its services available to the department when necessary. The department shall pay for the services from the Liquor Control Fund to the Department of Health and Human Services.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 211 - Review and audit of commission rules.

Effective 5/9/2017
32B-2-211.
Review and audit of commission rules.
(1)
(a) In 2019 and every third year thereafter, the Legislature's general counsel shall review each current rule made by the commission for compliance with current statute.
(b) On or before December 15 of each year in which the Legislature's general counsel completes a compliance review described in Subsection (1)(a), the Legislature's general counsel shall prepare and submit a report to the president of the Senate and the speaker of the House of Representatives that describes the Legislature's general counsel's findings.
(2)
(a) Subject to the prioritization of the Audit Subcommittee created in Section 36-12-8, the Office of the Legislative Auditor General may review one or more current practices of the commission or the department for compliance with current statute or rule.
(b) Following a review described in Subsection (2)(a), the Office of the Legislative Auditor General shall prepare and submit a report to the Audit Subcommittee that describes the Office of the Legislative Auditor General's findings and recommendations.
Enacted by Chapter 455, 2017 General Session
2023 Utah Code › Title 32B - Alcoholic Beverage Control Act › Chapter 2 - Alcoholic Beverage Services Administration Act › Part 2 - Organization and Operations of Commission and Department › Section 212 - Division of Consumer Purchasing.

Effective 5/4/2022
32B-2-212.
Division of Consumer Purchasing.
There is created with the department the Division of Consumer Purchasing to establish and administer:
(1) the wine subscription program described in Part 7, Wine Subscription Program; and
(2) the consumer purchasing system described in Part 8, Consumer Purchasing System.
Enacted by Chapter 412, 2022 General Session