32B-4-601 (Effective 07/01/11) - Unlawful removal from conveyance or diversion of shipment.
32B-4-601 (Effective 07/01/11). Unlawful removal from conveyance or diversion ofshipment.
(1) It is unlawful for a person transporting an alcoholic product, including a motorcarrier, in interstate or other commerce intended for, or consigned to, or claimed to be intendedfor or consigned to a person outside of this state, to remove or to permit a person to remove thealcoholic product or any part of the alcoholic product from the conveyance in which it is carriedwhile within this state.
(2) Notwithstanding Subsection (1), removal of an alcoholic product from a conveyancemay be allowed if the person described in Subsection (1) notifies the department in writing atleast 24 hours before the intended removal and complies with the instructions given by thedepartment.
(3) It is unlawful for a person to receive for storage or another purpose, or to possess analcoholic product, that is removed from a vehicle or other conveyance in violation of this section.
(4) It is unlawful for a person, including a motor vehicle, to divert to any place withinthis state, or to deliver to any person in this state, an alcoholic product that is consigned forshipment to any place without this state, unless the person:
(a) first notifies the department in writing at least 24 hours before the intended diversionor delivery; and
(b) complies with the instructions given by the department.
(5) Upon receiving a notice under Subsection (2) or (4), the department shall takeprecautions as necessary to ensure compliance with the laws of this state relating to an alcoholicproduct.
Enacted by Chapter 276, 2010 General Session