32B-7-202 (Effective 07/01/11) - General operational requirements for off-premise beer retailer.
32B-7-202 (Effective 07/01/11). General operational requirements for off-premisebeer retailer.
(1) (a) An off-premise beer retailer or staff of the off-premise beer retailer shall complywith this section.
(b) Failure to comply with this section may result in a suspension or revocation of a locallicense.
(2) (a) (i) An off-premise beer retailer may not purchase, acquire, possess for the purposeof resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases from:
(A) a beer wholesaler licensee; or
(B) a small brewer that manufactures the beer.
(ii) A violation of Subsection (2)(a) is a class A misdemeanor.
(b) (i) If an off-premise beer retailer purchases beer under this Subsection (2) from a beerwholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer wholesalerlicensee who is designated by the manufacturer to sell beer in the geographical area in which theoff-premise beer retailer is located, unless an alternate wholesaler is authorized by the departmentto sell to the off-premise beer retailer as provided in Section 32B-13-301.
(ii) A violation of Subsection (2)(b) is a class B misdemeanor.
(3) An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in apackage larger than two liters.
(4) A minor may not sell beer on the licensed premises of an off-premise beer retailerunless:
(a) the sale is done under the supervision of a person 21 years of age or older who is onthe licensed premises; and
(b) the minor is at least 16 years of age.
(5) (a) Subject to the other provisions of this Subsection (5), an off-premise beer retailershall:
(i) display beer sold by the off-premise beer retailer in an area that is visibly separate anddistinct from the area where nonalcoholic beverages are displayed; and
(ii) display a sign in the area described in Subsection (5)(a)(i) that:
(A) is prominent;
(B) is easily readable by a consumer;
(C) meets the requirements for format established by the commission by rule; and
(D) reads in print that is no smaller than .5 inches, bold type, "These beverages containalcohol. Please read the label carefully."
(b) Notwithstanding Subsection (5)(a), a nonalcoholic beer may be displayed with beer ifthe nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
(c) The requirements of this Subsection (5) apply to beer notwithstanding that it islabeled, packaged, or advertised as:
(i) a malt cooler; or
(ii) a beverage that may provide energy.
(d) The commission shall define by rule what constitutes an "area that is visibly separateand distinct from the area where a nonalcoholic beverage is displayed."
(e) A violation of this Subsection (5) is an infraction.
(6) (a) Staff of an off-premise beer retailer who directly supervises the sale of beer orwho sells beer to a patron for consumption off the premises of the off-premise beer retailer shall
wear a unique identification badge:
(i) on the front of the staff's clothing;
(ii) visible above the waist;
(iii) bearing the staff's:
(A) first or last name;
(B) initials; or
(C) unique identification in letters or numbers; and
(iv) with the number or letters on the unique identification badge being sufficiently largeto be clearly visible and identifiable while engaging in or directly supervising the retail sale ofbeer.
(b) An off-premise beer retailer shall make and maintain a record of each current staff'sunique identification badge assigned by the off-premise beer retailer that includes the staff's:
(i) full name;
(ii) address; and
(iii) (A) driver license number; or
(B) similar identification number.
(c) An off-premise beer retailer shall make available a record required to be made ormaintained under this Subsection (6) for immediate inspection by:
(i) a peace officer; or
(ii) a representative of the local authority that issues the off-premise beer retailer license.
(d) A local authority may impose a fine of up to $250 against an off-premise beer retailerthat does not comply or require its staff to comply with this Subsection (6).
Enacted by Chapter 276, 2010 General Session