26-7-6 (Superseded 07/01/11) - Alcohol retailers to post warnings related to consumption of alcohol and pregnancy. - Utah Statutes

26-7-6 (Superseded 07/01/11). Alcohol retailers to post warnings related toconsumption of alcohol and pregnancy.
(1) As used in this section:
(a) "Alcohol retailer" means:
(i) a state store, as defined in Section 32A-1-105;
(ii) a package agency, as defined in Section 32A-1-105; or
(iii) one of the following, if required to display a DUI warning under Title 32A,Alcoholic Beverage Control Act:
(A) a person licensed under Title 32A, Alcoholic Beverage Control Act; or
(B) a person who holds a permit under Title 32A, Alcoholic Beverage Control Act.
(b) "DUI warning" means the statement, "Warning: Driving under the influence ofalcohol or drugs is a serious crime that is prosecuted aggressively in Utah.", that an alcoholretailer is required to display as a sign in large letters in a prominent place under the followingsections:
(i) Section 32A-1-107;
(ii) Section 32A-2-103;
(iii) Section 32A-3-106;
(iv) Section 32A-4-106;
(v) Section 32A-4-206;
(vi) Section 32A-4-307;
(vii) Section 32A-4-406;
(viii) Section 32A-4a-305;
(ix) Section 32A-5-107;
(x) Section 32A-6-202; and
(xi) Section 32A-10-206.
(2) (a) On and after January 1, 2010, an alcohol retailer shall display, in a prominentplace, a sign in large letters that consists of text in the following order:
(i) a header that reads: "WARNING";
(ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy cancause birth defects and permanent brain damage for the child.";
(iii) a statement in smaller font that reads: "Call the Utah Department of Health at [insertmost current toll-free number] with questions or for more information.";
(iv) a header that reads: "WARNING"; and
(v) a warning statement that contains the DUI warning, except it does not include the text"Warning:".
(b) (i) The text described in Subsections (2)(a)(i) through (iii) shall be in a different fontstyle than the text described in Subsections (2)(a)(iv) and (v).
(ii) Both warning statements in the sign described in Subsection (2)(a) shall be in thesame font size.
(3) The department shall work with the Alcoholic Beverage Control Commission and theDepartment of Alcoholic Beverage Control to facilitate consistency in the format of a signrequired under this section.
(4) (a) An alcohol retailer who complies with this section is considered to be incompliance with a requirement under Title 32A, Alcoholic Beverage Control Act, to display aDUI warning.

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(b) The department may not take action against an alcohol retailer who violates thissection, but may notify the Department of Alcoholic Beverage Control of a possible violation ofthis section.
(c) An alcohol retailer who violates this section is subject to the same disciplinary actionthat the alcohol retailer would be subject to for a violation of a requirement under Title 32A,Alcoholic Beverage Control Act, to display a DUI warning.

Enacted by Chapter 136, 2010 General Session