2006 Utah Code - 32A-8-101 — Commission\'s power to grant licenses -- Limitations.

     32A-8-101.   Commission's power to grant licenses -- Limitations.
     (1) The commission may issue alcoholic beverage manufacturing licenses to manufacturers whose businesses are located in this state for the manufacture, storage, and sale of alcoholic beverages for each type of license provided by this chapter.
     (2) The type of manufacturing licenses issued under this chapter are known as:
     (a) winery licenses;
     (b) distillery licenses; and
     (c) brewery licenses.
     (3) (a) A person may not manufacture any alcoholic beverage unless an alcoholic beverage manufacturing license has been issued by the commission.
     (b) A separate license is required for each place of manufacture, storage, and sale of alcoholic beverages.
     (c) Violation of this Subsection (3) is a class B misdemeanor.
     (4) Brewers located outside the state are not required to be licensed under this chapter. However, they must obtain a certificate of approval from the department before selling or delivering beer to licensed beer wholesalers in this state, or if a small brewer, to licensed beer wholesalers or retailers in this state.
     (a) A brewer seeking a certificate of approval shall file a written application with the department, in a form prescribed by the department. The application shall be accompanied by:
     (i) a nonrefundable $50 application fee;
     (ii) an initial certificate of approval fee of $250 that is refundable if a certificate is not granted;
     (iii) evidence of authority from the United States Bureau of Alcohol, Tobacco, and Firearms to brew beer and heavy beer products; and
     (iv) any other information or documents the department may require.
     (b) Each application shall be signed and verified by oath or affirmation by a partner if a partnership, or by an executive officer, manager, or person specifically authorized by a corporation or limited liability company to sign the application to which shall be attached written evidence of this authority.
     (c) (i) All certificates of approval expire on December 31 of each year.
     (ii) Brewers desiring to renew their certificates shall submit a renewal fee of $200, and a completed renewal application to the department no later than November 30 of the year the certificate expires.
     (iii) Failure to meet the renewal requirements shall result in an automatic forfeiture of the certificate effective on the date the existing certificate expires.
     (iv) Renewal applications shall be in a form prescribed by the department.
     (5) The commission may prescribe by policy, directive, or rule, consistent with this title, the general operational requirements of licensees relating to:
     (a) physical facilities;
     (b) conditions of sale, storage, or manufacture of alcoholic beverages;
     (c) storage and sales quantity limitations; and
     (d) other matters considered appropriate by the commission.

Amended by Chapter 314, 2003 General Session