2006 Utah Code - 32A-12-102 — Special burdens of proof -- Inferences and presumptions.

     32A-12-102.   Special burdens of proof -- Inferences and presumptions.
     (1) In any prosecution of an offense defined in this title or in any proceeding brought to enforce this title:
     (a) it is not necessary that the state or commission establish the precise description or quantity of the alcoholic beverages or products or the precise consideration, if any, given or received for the alcoholic beverages or products;
     (b) there is an inference, absent proof to the contrary, that the alcoholic beverage or product in question is an alcoholic beverage or product if the witness describes it:
     (i) as an alcoholic beverage or product;
     (ii) by a name that is commonly applied to an alcoholic beverage or product; or
     (iii) as intoxicating;
     (c) if it is alleged that an association or corporation has violated this title, the fact of the incorporation of the association or corporation is presumed absent proof to the contrary;
     (d) a certificate or report signed or purporting to be signed by any state chemist, assistant state chemist, or state crime laboratory chemist, as to the analysis or ingredients of any alcoholic beverage or product is:
     (i) prima facie evidence:
     (A) of the facts stated in that certificate or report; and
     (B) of the authority of the person giving or making the report; and
     (ii) admissible in evidence without any proof of appointment or signature absent proof to the contrary; and
     (e) a copy of entries made in the records of the United States internal revenue collector, certified by the collector or a qualified notary public, showing the payment of the United States internal revenue special tax for the manufacture or sale of alcoholic beverages or products is prima facie evidence of the manufacture or sale by the party named in the entry within the period set forth in the record.
     (2) (a) In proving the unlawful sale, disposal, gift, or purchase, gratuitous or otherwise, or consumption of alcoholic beverages or products, it is not necessary that the state or commission establish that any money or other consideration actually passed or that an alcoholic beverage or product was actually consumed if the court or trier of fact is satisfied that:
     (i) a transaction in the nature of a sale, disposal, gift, or purchase actually occurred; or
     (ii) any consumption of alcoholic beverages or products was about to occur.
     (b) Proof of consumption or intended consumption of an alcoholic beverage or product on premises on which consumption is prohibited, by some person not authorized to consume alcoholic beverages or products on those premises, is evidence that an alcoholic beverage or product was sold or given to or purchased by the person consuming, about to consume, or carrying away the alcoholic beverage or product as against the occupant of the premises.

Amended by Chapter 268, 2004 General Session