2006 Utah Code - 32A-11-106 — Operational restrictions.

     32A-11-106.   Operational restrictions.
     Each person granted a beer wholesaling license, and the employees and management personnel of the licensee, shall comply with the following conditions and requirements. Failure to comply may result in a suspension or revocation of the beer wholesaling license or other disciplinary action taken against individual employees or management personnel of the licensee.
     (1) A licensee may not wholesale any beer manufactured within the state by a brewer who is not licensed by the commission as a manufacturing licensee.
     (2) A licensee may not wholesale any beer manufactured out of state by a brewer who has not obtained a certificate of approval from the department.
     (3) (a) A licensee may not sell or distribute beer to any person within the state except:
     (i) a licensed beer retailer;
     (ii) a holder of a single event permit issued by the commission pursuant to Chapter 7, Single Event Permits; or
     (iii) a holder of a temporary retail beer permit issued by the commission for a temporary special event pursuant to Chapter 10, Part 3, Temporary Special Event Beer Permits.
     (b) A violation of this Subsection (3) is a class A misdemeanor.
     (4) (a) A licensee may not sell or distribute any beer to any retailer outside of the geographic area designated on its application, except that if a licensee is temporarily unable to supply retail dealers within its authorized geographical area, the department may grant temporary authority to another licensed wholesaler who distributes the same brand in another area to supply retailers.
     (b) A violation of this Subsection (4) is a class B misdemeanor.
     (5) (a) Every licensee shall own, lease, or otherwise control and maintain a warehouse facility located in this state for the receipt, storage, and further distribution of all beer sold by the licensee to any person within the state.
     (b) A licensee may not sell beer to any person in this state, other than the department, unless the beer has first been:
     (i) physically removed from the vehicle used to transport the beer from the supplier to the licensee; and
     (ii) delivered into the actual possession and control of the licensee in its warehouse or other facility.
     (6) (a) Each beer wholesaling licensee shall maintain accounting and other records and documents as the department may require.
     (b) Any licensee or person acting for the 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:
     (i) the immediate suspension or revocation of the beer wholesaling license; and
     (ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
     (7) A licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the beer wholesaling license to any person, whether for monetary gain or not, unless it is done:
     (a) in accordance with the commission rules; and
     (b) after written consent has been given by the commission.

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     (8) A licensee may not sell or distribute any alcoholic beverage that is not clearly labeled in a manner reasonably calculated to put the public on notice that the beverage is an alcoholic beverage. The beverage shall bear the label "alcoholic beverage" or a manufacturer's label which in common usage apprises the general public that the beverage contains alcohol.

Amended by Chapter 268, 2004 General Session