2006 Utah Code - 32A-10-102 — General restrictions.

     32A-10-102.   General restrictions.
     (1) (a) (i) A beer retailer licensed under this part or Part 2, On-Premise Beer Retailer Licenses, may not purchase, acquire, possess for the purpose of resale, or sell any beer except that which has been lawfully purchased from a wholesaler licensed under this title or from a small brewer that manufactured the beer.
     (ii) Violation of Subsection (1)(a) is a class A misdemeanor.
     (b) (i) All purchases made of beer by any beer retailer from a licensed wholesaler shall be from that wholesaler who is authorized by the commission to sell beer in the geographical area in which the beer retailer is located, unless an alternate wholesaler is authorized by the department to sell to the beer retailer as provided in Section 32A-11-106.
     (ii) Violation of Subsection (1)(b) is a class B misdemeanor.
     (2) (a) Beer may not be sold, provided, or possessed for off-premise consumption in containers larger than two liters.
     (b) For a special event that does not last longer than 30 days:
     (i) an on-premise beer retailer license issued by the commission as provided in this part is not required for the sale of beer at the special event; and
     (ii) a temporary beer permit must be obtained from the commission as provided in Part 3, Temporary Special Event Beer Permits.
     (3) (a) A minor may not be granted a beer retailer license.
     (b) The commission may not grant a beer retailer license to an applicant that is a partnership, corporation, or limited liability company if any of the following is a minor:
     (i) a partner or managing agent of the applicant partnership;
     (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of the applicant corporation; or
     (iii) a manager or member who owns at least 20% of the applicant limited liability company.
     (4) A minor may not sell beer on the premises of a beer retailer for off-premise consumption except under the supervision of a person 21 years of age or older who is on the premises.
     (5) (a) If malt beverage coolers or malt liquor is sold by a beer retailer for off-premise consumption, the beer retailer shall display a sign at the location on the premises where malt beverages or malt liquor is sold stating: "Many malt beverages contain alcohol. Please read the label."
     (b) A violation of this Subsection (5) is an infraction.

Amended by Chapter 314, 2003 General Session