32B-4-303 (Effective 07/01/11) - Special burdens of proof -- Inferences and presumptions.
32B-4-303 (Effective 07/01/11). Special burdens of proof -- Inferences andpresumptions.
(1) In a prosecution of an offense defined in this title or in a proceeding brought toenforce this title:
(a) it is not necessary that the state or commission establish:
(i) the precise description or quantity of an alcoholic product; or
(ii) the precise consideration, if any, given or received for an alcoholic product;
(b) there is an inference, absent proof to the contrary, that an alcoholic product inquestion is an alcoholic product if the witness describes it:
(i) as an alcoholic product;
(ii) by a name that is commonly applied to an alcoholic product; or
(iii) as intoxicating;
(c) if it is alleged that an entity for which a record is required to be filed with theDivision of Corporations and Commercial Code to be organized or conduct business in this statehas violated this title, the fact of the entity is presumed absent proof to the contrary;
(d) a record signed or purporting to be signed by a state chemist, assistant state chemist,or state crime laboratory chemist, as to the analysis or ingredients of an alcoholic product is:
(i) prima facie evidence:
(A) of the facts stated in that record; and
(B) of the authority of the person giving or making the record; and
(ii) admissible in evidence without proof of appointment or signature absent proof to thecontrary; and
(e) a copy of an entry made in a record of the United States internal revenue collector,certified by the collector or a qualified notary public, showing the payment of the United Statesinternal revenue special tax for the manufacture or sale of an alcoholic product is prima facieevidence of the manufacture or sale by the party named in the entry within the period set forth inthe record.
(2) (a) In proving the unlawful purchase, sale, gift, or disposal, gratuitous or otherwise,or consumption of an alcoholic product, it is not necessary that the state or commission establishthat money or other consideration actually passed or that an alcoholic product is actuallyconsumed if the court or trier of fact is satisfied that:
(i) a transaction in the nature of a purchase, sale, gift, or disposal actually occurs; or
(ii) consumption of an alcoholic product is about to occur.
(b) Proof of consumption or intended consumption of an alcoholic product on premiseson which consumption is prohibited, by some person not authorized to consume an alcoholicproduct on those premises, is evidence that an alcoholic product is sold, given to, or purchased bythe person consuming, about to consume, or carrying away the alcoholic product as against theoccupant of the premises.
(3) For purposes of a provision applicable under this chapter to a retail licensee or staffof a retail licensee, the provision is applicable to a resort licensee or a person operating under asublicense of the resort licensee.
(4) Notwithstanding the other provisions of this chapter, a criminal offense identified inthis title as a criminal offense may not be enforced under this chapter if the criminal offenserelates to a violation:
(a) of a provision in this title related to intoxication or becoming intoxicated; and
(b) if the violation is first investigated by a law enforcement officer, as defined in Section53-13-103, who has not received training regarding the requirements of this title related toresponsible alcoholic product sale or furnishing.
Enacted by Chapter 276, 2010 General Session