2006 Utah Code - 32A-12-212 — Unlawful possession -- Exceptions.

     32A-12-212.   Unlawful possession -- Exceptions.
     (1) A person may not have or possess within this state any liquor unless authorized by this title or the rules of the commission, except that:
     (a) a person who clears United States Customs when entering this country may have or possess for personal consumption and not for sale or resale, a maximum of two liters of liquor purchased from without the United States;
     (b) a person who moves the person's residence to this state from outside of this state may have or possess for personal consumption and not for sale or resale, any liquor previously purchased outside the state and brought into this state during the move, if:
     (i) the person first obtains department approval prior to moving the liquor into the state;
     (ii) the department affixes the official state label to the liquor; and
     (iii) the person pays the department a reasonable administrative handling fee as determined by the commission;
     (c) a person who as a beneficiary inherits as part of an estate liquor that is located outside the state, may have or possess the liquor and transport or cause the liquor to be transported into the state if:
     (i) the person first obtains department approval prior to moving the liquor into the state;
     (ii) the person provides sufficient documentation to the department to establish the person's legal right to the liquor as a beneficiary;
     (iii) the department affixes the official state label to the liquor; and
     (iv) the person pays the department a reasonable administrative handling fee as determined by the commission; or
     (d) a person may transport, have, or possess liquor if:
     (i) the person transports, has, or possesses the liquor:
     (A) for personal household use and consumption; and
     (B) not for:
     (I) sale;
     (II) resale;
     (III) gifting to another; or
     (IV) consumption on a premise licensed by the commission;
     (ii) the liquor is purchased from a store or outlet on a military installation; and
     (iii) the maximum amount the person transports, has, or possesses under this Subsection (1)(d) is:
     (A) two liters of:
     (I) spirituous liquor;
     (II) wine; or
     (III) a combination of spirituous liquor and wine; and
     (B) one case of heavy beer that does not exceed 288 ounces.
     (2) (a) Approval under Subsection (1)(b) may be obtained by a person who:
     (i) is transferring the person's permanent residence to this state; or
     (ii) maintains separate residences both in and out of this state.
     (b) A person may not obtain approval to transfer liquor under Subsection (1)(b) more than once.

Amended by Chapter 152, 2005 General Session