2006 Utah Code - 32A-8-201 — Authority and operational restrictions.

     32A-8-201.   Authority and operational restrictions.
     (1) A winery license authorizes the licensee to:
     (a) import, manufacture, store, transport, or export wines;
     (b) sell wines at wholesale to the department and to out-of-state customers;
     (c) purchase liquor for fortifying wine, if the department is notified of the purchase and date of delivery; and
     (d) warehouse on its premises liquor that has been manufactured or purchased for manufacturing purposes.
     (2) All wine, brandy, wine spirits, or other liquor imported under authority of a winery license shall conform to the standards of identity and quality established in the Federal Alcohol Administration regulations.
     (3) If considered necessary, the commission or department may:
     (a) require certain alterations to the plant, equipment, or premises;
     (b) require the alteration or removal of any unsuitable wine-making equipment or material;
     (c) require a licensee to clean, disinfect, ventilate, or otherwise improve the sanitary and working conditions of any plant, premises, and wine-making equipment;
     (d) demand that any marc, pomace, or fruit considered unfit for wine making, or producing or likely to produce an unsanitary condition, be destroyed, denatured, or removed from the premises;
     (e) require a licensee to distill or cause to be distilled or disposed of under the department's supervision, any unsound, poor quality finished wine, or unfinished wine that will not be satisfactory when finished; or
     (f) demand that all books, records, or data pertaining to the grapes and other materials and ingredients used in the manufacture of wine, are available to the commission or department upon request.
     (4) A winery licensee may not permit any wine to be consumed on its premises, except under the following circumstances:
     (a) A winery licensee may allow its employees to consume on the premises wine as the wine maker may furnish to them without charge.
     (b) A winery licensee may allow any person who can lawfully buy wine for wholesale or retail distribution to consume bona fide samples of its product on the winery premises.
     (c) A winery licensee may operate on its manufacturing premises a retail facility allowing consumption, of samples on premises, of wine as long as food is also available. Any such retail facility located on the premises of a winery licensee shall be operated or supervised by the winery licensee.
     (5) The federal definitions, standards of identity, and quality and labeling requirements for wine, in the Federal Alcoholic Administration regulations, and amendments made to that document, are adopted to the extent they are not contrary to or inconsistent with the laws of this state.

Amended by Chapter 277, 1991 General Session