32B-4-708 (Effective 07/01/11) - Unlawful act involving consumers.
32B-4-708 (Effective 07/01/11). Unlawful act involving consumers.
(1) (a) It is unlawful for an industry member, directly or indirectly, or through anaffiliate, to give away any of its product to a person except for testing, analysis, and samplingpurposes by the department or local industry representative licensee to the extent authorized bythis title.
(b) This Subsection (1) does not preclude an industry member from serving its product toothers at a private event hosted by the industry member in the industry member's home orelsewhere so long as the product is not served:
(i) as part of a promotion of the industry member's product; or
(ii) as a subterfuge to provide a sample to a person for product testing, analysis, orsampling purposes.
(2) It is unlawful for an industry member or retailer, directly or indirectly, or through anaffiliate, to engage in an advertisement or promotional scheme that requires the purchase or saleof an alcoholic product, or consumption of an alcoholic product, in order to participate in apromotion, program, or other activity.
(3) It is unlawful for an industry member or retailer, directly or indirectly, or through anaffiliate, to pay, give, or deliver to a person money or any other thing of value, including a rebate,refund, or prize, on the basis of the purchase, display, use, sale, or consumption of an alcoholicproduct.
(4) It is unlawful for an industry member or retailer to sponsor or underwrite an athletic,theatrical, scholastic, artistic, or scientific event that:
(a) overtly promotes the consumption of a product;
(b) offers a product to the general public without charge; or
(c) takes place on the premises of a school, college, university, or other educationalinstitution.
Enacted by Chapter 276, 2010 General Session