32B-11-201 (Effective 07/01/11) - Commission's power to issue a manufacturing license -- Certificates of approval.
32B-11-201 (Effective 07/01/11). Commission's power to issue a manufacturinglicense -- Certificates of approval.
(1) (a) Except as provided in Section 32B-11-202, before a person may manufacture analcoholic product in this state, the person shall obtain an alcoholic product manufacturing licenseissued by the commission in accordance with this part.
(b) A separate license is required for each place of storage, sale, and manufacture of analcoholic product.
(c) A violation of this Subsection (1) is a class B misdemeanor.
(2) The commission may issue an alcoholic product manufacturing license to amanufacturer whose business is located in this state for the storage, sale, and manufacture of analcoholic product for each type of manufacturing license provided by this chapter.
(3) The types of manufacturing licenses issued under this chapter are known as:
(a) a winery manufacturing license;
(b) a distillery manufacturing license; and
(c) a brewery manufacturing license.
(4) (a) A brewer located outside the state is not required to be licensed under this chapter.
(b) A brewer described in Subsection (4)(a) shall obtain a certificate of approval from thedepartment before selling or delivering:
(i) beer to a beer wholesaler licensee in this state;
(ii) a flavored malt beverage to:
(A) the department; or
(B) a military installation; or
(iii) if a small brewer, beer to one of the following in the state:
(A) a beer wholesaler licensee;
(B) a beer retailer; or
(C) an event permittee.
(c) To obtain a certificate of approval, a brewer shall submit to the department:
(i) a written application in a form prescribed by the department;
(ii) a nonrefundable $50 application fee;
(iii) an initial certificate of approval fee of $250 that is refundable if a certificate ofapproval is not issued;
(iv) evidence of authority from the federal Alcohol and Tobacco Tax and Trade Bureauto brew beer, heavy beer, or a flavored malt beverage; and
(v) any other information the commission or department may require.
(d) (i) A written application under this Subsection (4) shall be signed and verified byoath or affirmation by:
(A) a partner if the brewer is a partnership; or
(B) an executive officer, manager, or person specifically authorized by a corporation orlimited liability company to sign the application.
(ii) A brewer filing an application shall attach to the application written evidence of theauthority of the person described in Subsection (4)(d)(i) to sign the application.
(e) (i) A certificate of approval expires on December 31 of each year.
(ii) A brewer desiring to renew its certificate of approval shall submit to the departmentby no later than November 30 of the year the certificate of approval expires:
(A) a completed renewal application in the form prescribed by the department; and
(B) a renewal feel of $200.
(iii) Failure to meet the renewal requirements results in an automatic forfeiture of thecertificate of approval effective on the date the existing certificate of approval expires.
Enacted by Chapter 276, 2010 General Session