2006 Utah Code - 32A-8-106 — Operational restrictions.

     32A-8-106.   Operational restrictions.
     (1) Each person granted an alcoholic beverage manufacturing license and the employees and management of the licensee shall abide by the following conditions and requirements, and any special conditions and restrictions otherwise provided in this chapter. Failure to comply may result in a suspension or revocation of the license or other disciplinary action taken against individual employees or management personnel:
     (a) A licensee may not sell any liquor within the state except to the department and to military installations.
     (b) Each license issued under this chapter shall be conspicuously displayed on the licensed premises.
     (c) A licensee may not advertise its product in violation of this title or any other federal or state law, except that nothing in this title prohibits the advertising or solicitation of orders for industrial alcohol from holders of special permits.
     (d) Each alcoholic beverage manufacturing licensee shall maintain accounting and other records and documents as the department may require. Any manufacturing licensee or person acting for the manufacturing licensee, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of account or other documents of the licensee required to be made, maintained, or preserved by this title or the rules of the commission for the purpose of deceiving the commission, or the department, or any of their officials or employees, is subject to the immediate suspension or revocation of the manufacturing license and criminal prosecution under Chapter 12, Criminal Offenses.
     (e) An alcoholic beverage manufacturing license may not be transferred from one location to another, without prior written approval of the commission.
     (f) (i) A manufacturing licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the license to any other person or entity, whether for monetary gain or not.
     (ii) A manufacturing license has no monetary value for the purpose of any type of disposition.
     (g) Each licensee shall from time to time, on request of the department, furnish for analytical purposes samples of the alcoholic products that it has for sale or that it has in the course of manufacture for sale in this state.
     (2) Nothing in this chapter prevents any manufacturer of, or dealer in, patent or proprietary medicines containing alcohol from selling the medicines in the original and unbroken package if the medicine contains sufficient medication to prevent its use as an alcoholic beverage. Each manufacturer or dealer who keeps patent or proprietary medicines for sale shall, upon request by the department, provide a sufficient sample of the medicine to enable the department to have the medicine analyzed.
     (3) (a) Nothing in this chapter prevents any person from manufacturing vinegar or preserved nonintoxicating cider for use or sale, or the manufacture or sale for lawful purposes of any food preparation, or any United States Pharmacopoeia or national formulary preparation in conformity with the Utah pharmacy laws, if the preparation conforms to standards established by the state departments of agriculture and health, and contains no more alcohol than is absolutely necessary to preserve or extract the medicinal, flavoring, or perfumed properties of the treated substances.
     (b) Nothing in this chapter prevents the manufacture or sale of wood or denatured

alcohol under rules established by the department and in compliance with the formulas and rules established by the United States.

Amended by Chapter 314, 2003 General Session