32B-7 - Off-Premise Beer Retailer Act
Title 32B > 32B-7
Sections (16)
General Provisions
32B-7-101 - Title.
This chapter is known as the “Off-premise Beer Retailer Act.”
32B-7-102 - Definitions.
Reserved
Off-Premise Beer Retailer Local Authority
32B-7-201 - State and local licensing — Limitations.
32B-7-201(1) Subject to the other provisions of this title, a local authority may:
tax or prohibit the retail sale of beer; subject to this part, issue, suspend, and revoke a local license to sell beer at retail for off-premise consumption; establish proximity requirements for establishing premises where beer is sold at retail for off-premise consumption in relation to any community location; and otherwise regulate the retail sale of beer for off-premise consumption subject to the requirements of Section 32B-7-202 and Part 3, Off-Premise Beer Retailer Enforcement Act. 32B-7-201(2) A local authority may not issue to a minor a local license to sell beer at retail for off-premise consumption.
32B-7-202 - General operational requirements for off-premise beer retailer.
32B-7-202(1) An off-premise beer retailer or staff of the off-premise beer retailer shall comply with the provisions of this title and any applicable rules made by the commission. 32B-7-202(2) Failure to comply with this section may result in a suspension or revocation of a local license and, on or after July 1, 2018, disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act. 32B-7-202(3) An off-premise beer retailer may not purchase, acquire, possess for the purpose of resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases from:a beer wholesaler licensee; ora small brewer that manufactures the beer.A violation of Subsection (2)(a) is a class A misdemeanor.If an off-premise beer retailer purchases beer under this Subsection (2) from a beer wholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the off-premise beer retailer is located, unless an alternate wholesaler is authorized by the department to sell to the off-premise beer retailer as provided in Section 32B-13-301.A violation of Subsection (2)(b) is a class B misdemeanor. 32B-7-202(4) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a container larger than two liters. 32B-7-202(5) Staff of an off-premise beer retailer, while on duty, may not:consume an alcoholic product; orbe intoxicated.A minor may not sell beer on the licensed premises of an off-premise beer retailer unless:the sale is done under the supervision of a person 21 years old or older who is on the licensed premises; andthe minor is at least 16 years old. 32B-7-202(6) An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic product to:a minor;a person actually, apparently, or obviously intoxicated;a known interdicted person; ora known habitual drunkard. 32B-7-202(7) Subject to the other provisions of this Subsection (6), an off-premise beer retailer shall:display all beer accessible by and visible to a patron in no more than two locations on the retail sales floor, each of which is:a display cabinet, cooler, aisle, floor display, or room where beer is the only beverage displayed; andnot adjacent to a display of nonalcoholic beverages, unless the location is a cooler with a door from which the nonalcoholic beverages are not accessible, or the beer is separated from the display of nonalcoholic beverages by a display of one or more nonbeverage products or another physical divider; anddisplay a sign in the area described in Subsection (6)(a)(i) that:is prominent;is easily readable by a consumer;meets the requirements for format established by the commission by rule; andreads in print that is no smaller than .5 inches, bold type, “These beverages contain alcohol. Please read the label carefully.”Notwithstanding Subsection (6)(a), a nonalcoholic beer may be displayed with beer if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.The requirements of this Subsection (6) apply to beer notwithstanding that it is labeled, packaged, or advertised as:a malt cooler; ora beverage that may provide energy.A violation of this Subsection (6) is an infraction.Except as provided in Subsection (6)(e)(ii), the provisions of Subsection (6)(a)(i) apply on and after May 9, 2017.For a beer retailer that operates two or more off-premise beer retailers, the provisions of Subsection (6)(a)(i) apply on and after August 1, 2017. 32B-7-202(8) Staff of an off-premise beer retailer who directly supervises the sale of beer or who sells beer to a patron for consumption off the premises of the off-premise beer retailer shall wear a unique identification badge:on the front of the staff’s clothing;visible above the waist;bearing the staff’s:first or last name;initials; orunique identification in letters or numbers; andwith the number or letters on the unique identification badge being sufficiently large to be clearly visible and identifiable while engaging in or directly supervising the retail sale of beer.An off-premise beer retailer shall make and maintain a record of each current staff’s unique identification badge assigned by the off-premise beer retailer that includes the staff’s:full name;address; anddriver license number; orsimilar identification number.An off-premise beer retailer shall make available a record required to be made or maintained under this Subsection (7) for immediate inspection by:a peace officer;a representative of the local authority that issues the off-premise beer retailer license; orfor an off-premise beer retailer state license, a representative of the commission or department.A local authority may impose a fine of up to $250 against an off-premise beer retailer that does not comply or require its staff to comply with this Subsection (7). 32B-7-202(9) An off-premise beer retailer may sell, offer for sale, or furnish beer:at a drive-through window;at a drive-up loading area, if the drive-up loading area is contiguous to the off-premise beer retailer’s licensed premises; orsubject to Subsection (8)(b), at a designated parking stall.An off-premise beer retailer shall ensure that a parking stall described in Subsection (8)(a)(iii) is:located on property that the off-premise beer retailer owns or has a legal right to occupy;designated for picking up pre-ordered items from the off-premise beer retailer; andlabeled in a conspicuous manner that communicates the purpose described in Subsection (8)(b)(ii).An off-premise beer retailer may not sell, offer for sale, or furnish beer at a designated parking stall described in Subsection (8)(a)(iii) unless:the off-premise beer retailer ensures that the individual purchasing the beer purchases the beer before parking in the designated parking stall;the off-premise beer retailer delivers the beer directly from the off-premise beer retailer’s licensed premises to the designated parking stall;at the designated parking stall, staff of the off-premise beer retailer verifies the purchaser’s age in accordance with Section 32B-1-407; andthe off-premise beer retailer maintains video surveillance of the designated parking stall.Nothing in this Subsection (8) modifies the other requirements of this section.Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in accordance with this Subsection (8) shall comply with the training requirements described in Section 32B-1-703. 32B-7-202(10) An off-premise beer retailer may not on the licensed premises:engage in or permit any form of:gambling, as defined in Section 76-9-1401; orfringe gambling, as defined in Section 76-9-1401;have any fringe gaming device, video gaming device, or gambling device or record as defined in Section 76-9-1401; orengage in or permit a contest, game, gaming scheme, or gaming device that requires the risking of something of value for a return or for an outcome when the return or outcome is based upon an element of chance, excluding the playing of an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value. 32B-7-202(11) An off-premise beer retailer may not knowingly allow a person on the licensed premises to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, or Chapter 37a, Utah Drug Paraphernalia Act:sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2; oruse, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in Section 58-37a-3. 32B-7-202(12) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is intended to be frozen and consumed in a manner other than as a beverage, including beer in the form of a freeze pop, popsicle, ice cream, or sorbet.
Off-Premise Beer Retailer Enforcement Act
32B-7-301 - Title.
This part is known as the “Off-premise Beer Retailer Enforcement Act.”
32B-7-302 - Definitions.
Reserved
32B-7-305 - Tracking of enforcement actions — Costs of enforcement actions.
32B-7-305(1) The Department of Public Safety shall administer a program to reimburse a municipal or county law enforcement agency:for the actual costs of an alcohol-related compliance check investigation conducted pursuant to Section 77-39-101 on the premises of an off-premise beer retailer;for administrative costs associated with reporting the compliance check investigation described in Subsection (1)(a);if the municipal or county law enforcement agency completes and submits to the Department of Public Safety a report within 90 days after the day on which the compliance check investigation described in Subsection (1)(a) occurs in a format required by the Department of Public Safety; andin the order that the municipal or county law enforcement agency submits the report required by Subsection (1)(c) until the amount allocated by the Department of Public Safety to reimburse a municipal or county law enforcement agency is spent. 32B-7-305(2) By no later than October 1 of each year, the Department of Public Safety shall report to the Utah Substance Use and Mental Health Advisory Committee on the compliance check investigations:funded during the previous fiscal year; andreimbursed under Subsection (1).
Off-premise Beer Retailer State License
32B-7-401 - Commission’s power to issue off-premise beer retailer state license.
32B-7-401(1) Beginning on July 1, 2018, and except as provided in Subsection (3), before a person may purchase, store, sell, or offer for sale beer for consumption off the person’s premises, the person shall obtain an off-premise beer retailer state license in accordance with this part. 32B-7-401(2) The commission may issue an off-premise beer retailer state license for the retail sale of beer for consumption off the beer retailer’s premises. 32B-7-401(3) Subject to Subsection (3)(b), a person who operates as an off-premise beer retailer on July 1, 2018, shall submit an application for an off-premise beer retailer state license on or before May 31, 2019. In addition to the fees described in Section 32B-7-402, a person described in Subsection (3)(a) who submits an application for an off-premise beer retailer state license after March 1, 2019, shall submit with the person’s application a fee in the following amount: 300, if the person submits the application after April 15, 2019, and on or before May 31, 2019.
32B-7-402 - Application for off-premise beer retailer state license — Qualifications.
To obtain an off-premise beer retailer state license, a person shall submit to the department: 32B-7-402(1) a written application in a form prescribed by the department; 32B-7-402(2) a nonrefundable application fee of 250 that is refundable if the commission does not issue the off-premise beer retailer state license; 32B-7-402(4) written consent of the local authority; 32B-7-402(5) a copy of the person’s current business license; 32B-7-402(6) a floor plan of the premises that outlines the location of each beer display; 32B-7-402(7) a signed consent form stating the person will permit any authorized representative of the commission or the department or any law enforcement officer to have unrestricted right to enter the licensed premises; 32B-7-402(8) if the person is an entity, proper verification evidencing that the individual who signs the application is authorized to sign on behalf of the entity; and 32B-7-402(9) any other information that the commission or department requires.
32B-7-403 - Renewal of off-premise beer retailer state license.
32B-7-403(1) An off-premise beer retailer state license expires on the last day of February each year. 32B-7-403(2) To renew an off-premise beer retailer state license, an off-premise beer retailer state licensee shall, no later than January 31, submit:
a completed renewal application to the department in a form prescribed by the department; and a renewal fee of $175. 32B-7-403(3) An off-premise beer retailer state licensee automatically forfeits the off-premise beer retailer state license if the off-premise beer retailer state licensee fails to satisfy the renewal requirements described in this section.
32B-7-404 - Duties of commission and department before issuing off-premise beer retailer state license.
32B-7-404(1) Before the commission issues an off-premise beer retailer state license, the department shall conduct an investigation and may hold one or more public hearings to gather information and make recommendations to the commission regarding whether the commission should issue an off-premise beer retailer state license. The department shall forward the information the department gathers and the department’s recommendations to the commission. 32B-7-404(2) Before the commission issues an off-premise beer retailer state license, the commission shall:
determine that the person filed a complete application and is in compliance with the provisions of this chapter; determine that the person is not disqualified under Section 32B-1-304; consider the physical characteristics of the premises where the beer is displayed; and consider any other factor that the commission considers necessary.
32B-7-405 - Notifying department of change of ownership.
The commission may suspend or revoke an off-premise beer retailer state license if an off-premise beer retailer state licensee does not immediately notify the department of a change in: 32B-7-405(1) ownership of the licensee’s business; 32B-7-405(2) for a corporate owner, a shareholder holding at least 20% of the total issued and outstanding stock of the corporation; or 32B-7-405(3) for a limited liability company, a member owning at least 20% of the limited liability company.
32B-7-406 - Conditional off-premise beer retailer state license.
32B-7-406(1) As used in this section, “conditional off-premise beer retailer state license” means an off-premise beer retailer state license that conditions the holder’s ability to purchase, store, sell, or offer for sale beer for consumption off the holder’s licensed premises on the holder submitting to the department a copy of the holder’s current business license. 32B-7-406(2) In accordance with the provisions of this section, the commission may issue a conditional off-premise beer retailer state license to a person if the person:
meets the requirements to obtain an off-premise beer retailer state license, except the requirement to submit a copy of the person’s current business license; and agrees not to purchase, store, sell, or offer for sale beer for consumption off the person’s licensed premises before obtaining an off-premise beer retailer state license. 32B-7-406(3) For a conditional off-premise beer retailer state license to become an off-premise beer retailer state license, a person who holds the conditional off-premise beer retailer state license shall: submit to the department a copy of the person’s current business license; and provide to the department evidence satisfactory to the department that:
there has been no change in the information submitted to the commission as part of the person’s application for an off-premise beer retailer state license; and the person continues to qualify for an off-premise beer retailer state license. A conditional off-premise beer retailer state license becomes an off-premise beer retailer state license on the day on which the department notifies the person who holds the conditional off-premise beer retailer state license that the department finds that the person has complied with Subsection (3)(a). 32B-7-406(4) A conditional off-premise beer retailer state license expires nine months after the day on which the commission issues the conditional off-premise beer retailer state license, unless the conditional off-premise beer retailer state license becomes an off-premise beer retailer state license before that day. Notwithstanding Subsection (4)(a), the commission may extend the expiration date of a conditional off-premise beer retailer state license by three months if the holder demonstrates to the satisfaction of the commission that the holder: has an active building permit related to the licensed premises; and is engaged in a good faith effort to pursue completion within the three-month period.
32B-7-407 - Licensing at certain package agencies.
32B-7-407(1) Subject to Subsection (2), the commission may issue an off-premise beer retailer state license for a premises that is a package agency located at a brewery manufacturing facility. 32B-7-407(2) An off-premise beer retailer state licensee described in Subsection (1) may not sell beer:
other than beer that is the product of the brewery manufacturing licensee that holds the package agency located on the premises; or at a time other than a time a package agency may sell liquor under Subsection 32B-2-605(13).
32B-7-408 - Master off-premise beer retailer state license.
32B-7-408(1) The commission may issue a master off-premise beer retailer state license that authorizes a person to store, sell, or offer for sale beer for consumption off the person’s premises at multiple locations as off-premise beer retailers if the person applying for the master off-premise beer retailer state license: owns each of the off-premise beer retailers; except for the fee requirements, establishes to the satisfaction of the commission that each location of an off-premise beer retailer under the master off-premise beer retailer state license separately meets the requirements of this part; and the master off-premise beer retailer state license includes at least five off-premise beer retailer locations. The person seeking a master off-premise beer retailer state license shall designate which off-premise beer retailer locations the person seeks to have under the master off-premise beer retailer state license. An off-premise beer retailer location under a master off-premise beer retailer state license is considered separately licensed for purposes of this title. 32B-7-408(2) A master off-premise beer retailer state license expires on the last day of February each year. To renew a person’s master off-premise beer retailer state license, a person shall comply with the renewal requirements of Section 32B-7-403 by no later than January 31 of the year in which the off-premise beer retailer state license expires. 32B-7-408(3) The nonrefundable application fee for a master off-premise beer retailer state license is 1,100 plus a separate initial license fee for each newly licensed off-premise beer retailer state license under the master off-premise beer retailer state license determined in accordance with Subsection 32B-7-402(3); and refundable if the commission does not issue the master off-premise beer retailer state license. The renewal fee for a master off-premise beer retailer state license is $300 plus a separate renewal fee for each off-premise beer retailer state license under the master off-premise beer retailer state license determined in accordance with Subsection 32B-7-403(2)(b). 32B-7-408(4) A new location may be added to a master off-premise beer retailer state license after the master off-premise beer retailer state license is issued if, including payment of the initial license fee, the location separately meets the requirements of this part. 32B-7-408(5) A master off-premise beer retailer state licensee shall notify the department of a change in the persons managing a location covered by a master off-premise beer retailer state license: immediately, if the management personnel is not management personnel at a location covered by the master off-premise beer retailer state license at the time of the change; or within 30 days of the change, if the off-premise beer retailer state licensee is transferring management personnel from one location to another location covered by the master off-premise beer retailer state license. A location covered by a master off-premise beer retailer state license shall keep its own records on its premises so that the department may audit the records. A master off-premise beer retailer state licensee may not transfer beer between different locations covered by the master off-premise beer retailer state license. 32B-7-408(6) If there is a violation of this title at a location covered by a master off-premise beer retailer state license, the violation may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against: the single location under the master off-premise beer retailer state license; individual staff of the location under the master off-premise beer retailer state license; or a combination of persons or locations described in Subsections (6)(a)(i) and (ii). In addition to disciplinary action under Subsection (6)(a), disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, may be taken against a master off-premise beer retailer state licensee or individual staff of the master off-premise beer retailer state licensee if during a period beginning on March 1 and ending the last day of February: at least 25% of the locations covered by the master off-premise beer retailer state license have been found by the commission to have committed a serious or grave violation of this title, as defined by rule made by the commission; or at least 50% of the locations covered by the master off-premise beer retailer state license have been found by the commission to have violated this title. 32B-7-408(7) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish how a person may apply for a master off-premise beer retailer state license under this section.
32B-7-409 - Multiple licenses on same premises.
32B-7-409(1) Except as provided in Subsection (2), the commission may not issue and one or more licensees may not hold an off-premise beer retailer state license for the same licensed premises or adjacent licensed premises as a retail licensee, unless the licensed premises:
are separated by a permanent, opaque, floor-to-ceiling wall; each have a separate entrance to the licensed premises; and each have separate restroom facilities on the licensed premises. 32B-7-409(2) The commission may issue and an off-premise beer retailer state licensee may hold more than one type of license for the same licensed premises or adjacent licensed premises, if: a manufacturing licensee is located on or adjacent to the licensed premises; and a package agency is located on or adjacent to the licensed premises. Notwithstanding Subsection (1), the commission may issue an off-premise beer retailer state license to a hotel or resort.