32B-13-301 (Effective 07/01/11) - General operational requirements for beer wholesaling license. - Utah Statutes

32B-13-301 (Effective 07/01/11). General operational requirements for beerwholesaling license.
(1) (a) A beer wholesaler licensee and staff of the beer wholesaler licensee shall complywith this title and the rules of the commission.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action inaccordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a beer wholesaler licensee;
(ii) individual staff of a beer wholesaler licensee; or
(iii) both a beer wholesaler licensee and staff of the beer wholesaler licensee.
(2) (a) A beer wholesaler licensee shall make and maintain the records required by thedepartment.
(b) Section 32B-1-205 applies to a record required to be made or maintained inaccordance with this Subsection (2).
(3) A beer wholesaler licensee may not employ a minor to handle an alcoholic product.
(4) A beer wholesaler licensee may not sell, transfer, assign, exchange, barter, give, orattempt in any way to dispose of the beer wholesaling license to a person, whether for monetarygain or not, unless it is done:
(a) in accordance with the commission rules; and
(b) after written consent is given by the commission.
(5) A beer wholesaler licensee may not wholesale a beer manufactured within the stateby a brewer who is not licensed by the commission as a brewery manufacturing licensee.
(6) A beer wholesaler licensee may not wholesale a beer manufactured out of state by abrewer who has not obtained a certificate of approval from the department.
(7) (a) A beer wholesaler licensee may not sell or distribute beer to a person within thestate except to:
(i) a retail licensee;
(ii) an off-premise beer retailer; or
(iii) an event permittee.
(b) A violation of this Subsection (7) is a class A misdemeanor.
(8) (a) A beer wholesaler licensee may not sell or distribute a beer to a person who sellsthe beer at retail outside of the geographic area designated on its application, except that if a beerwholesaler licensee is temporarily unable to supply a person within the beer wholesaler licensee'sauthorized geographical area, the department may grant temporary authority to another beerwholesaler licensee who distributes the same brand in another area to supply:
(i) a retail licensee; or
(ii) an off-premise beer retailer.
(b) A violation of this Subsection (8) is a class B misdemeanor.
(9) (a) A beer wholesaler licensee shall own, lease, or otherwise control and maintain awarehouse facility located in this state for the receipt, storage, and further distribution of beersold by the beer wholesaler licensee to a person within the state.
(b) A beer wholesaler licensee may not sell beer to a person in this state, other than thedepartment, unless the beer is first:
(i) physically removed from the vehicle used to transport the beer from the supplier to thebeer wholesaler licensee; and
(ii) delivered into the actual possession and control of the beer wholesaler licensee in its

warehouse or other facility.
(10) A beer wholesaler licensee may not sell or distribute an alcoholic product that hasnot had its label and packaging approved by the department in accordance with Chapter 1, Part 6,Malted Beverage Act.
(11) The commission may prescribe by policy or rule, consistent with this title, thegeneral operational requirements of a beer wholesaling licensee relating to:
(a) physical facilities; and
(b) the conditions of importation, purchase, storage, sale, offering for sale, distribution,or transportation of beer within the state.

Enacted by Chapter 276, 2010 General Session