2006 Utah Code - 32A-2-103 — Operational restrictions.

     32A-2-103.   Operational restrictions.
     (1) Liquor may not be sold from a state store except in a sealed package. The package may not be opened on the premises of any state store.
     (2) (a) An officer, agent, clerk, or employee of a state store may not consume or allow to be consumed by any person any alcoholic beverage on the premises of a state store.
     (b) Violation of this Subsection (2) is a class B misdemeanor.
     (3) All liquor sold shall be in packages that are properly marked and labeled in accordance with the rules adopted under this title.
     (4) Liquor may not be sold except at prices fixed by the commission.
     (5) Liquor may not be sold, delivered, or furnished to any:
     (a) minor;
     (b) person actually, apparently, or obviously intoxicated;
     (c) known habitual drunkard; or
     (d) known interdicted person.
     (6) Sale or delivery of liquor may not be made on or from the premises of any state store, nor may any state store be kept open for the sale of liquor:
     (a) on Sunday;
     (b) on any state or federal legal holiday;
     (c) on any day on which any regular general election, regular primary election, or statewide special election is held;
     (d) on any day on which any municipal, special district, or school election is held, but only within the boundaries of the municipality, special district, or school district holding the election and only if the municipality, special district, or school district in which the election is being held notifies the department at least 30 days prior to the date of the election; or
     (e) except on days and during hours as the commission may direct by rule or order.
     (7) Each state store shall display in a prominent place in the store a sign in large letters stating: "Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah."
     (8) (a) A minor may not be admitted into, or be on the premises of a state store unless accompanied by a person who is:
     (i) 21 years of age or older; and
     (ii) the minor's parent, legal guardian, or spouse.
     (b) Any state store employee that has reason to believe that a person who is on the premises of a state store is under the age of 21 and is not accompanied by a person described in Subsection (8)(a) may:
     (i) ask the suspected minor for proof of age;
     (ii) ask the person who accompanied the suspected minor for proof of age; and
     (iii) ask the suspected minor or the person who accompanied the suspected minor for proof of parental, guardianship, or spousal relationship.
     (c) Any state store employee shall refuse to sell liquor to the suspected minor and to the person who accompanied the suspected minor into the state store if they fail to provide any of the information specified in Subsection (8)(b).
     (d) Any state store employee shall require the suspected minor and the person who accompanied the suspected minor into the state store to immediately leave the premises of the state store if they fail to provide any of the information specified in Subsection (8)(b).

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Amended by Chapter 152, 2005 General Session