32B-4-404 (Effective 07/01/11) - Unlawful sale, offer for sale, or furnishing to intoxicated person.
32B-4-404 (Effective 07/01/11). Unlawful sale, offer for sale, or furnishing tointoxicated person.
(1) A person may not sell, offer for sale, or furnish an alcoholic product to:
(a) a person who is actually or apparently intoxicated; or
(b) a person whom the person furnishing the alcoholic product knows or should knowfrom the circumstances is actually or apparently intoxicated.
(2) (a) A person who negligently or recklessly violates Subsection (1) is guilty of a classB misdemeanor.
(b) A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor.
(3) As used in Subsection (2)(a), "negligently" means with simple negligence.
Enacted by Chapter 276, 2010 General Session