32A-8-201 (Repealed 07/01/11) - Authority and operational restrictions.
32A-8-201 (Repealed 07/01/11). Authority and operational restrictions.
(1) A winery license authorizes the licensee to:
(a) import, manufacture, store, transport, or export wines;
(b) sell wines at wholesale to the department and to out-of-state customers;
(c) purchase liquor for fortifying wine, if the department is notified of the purchase anddate of delivery; and
(d) warehouse on its premises liquor that has been manufactured or purchased formanufacturing purposes.
(2) All wine, brandy, wine spirits, or other liquor imported under authority of a winerylicense shall conform to the standards of identity and quality established in the Federal AlcoholAdministration regulations.
(3) If considered necessary, the commission or department may:
(a) require certain alterations to the plant, equipment, or premises;
(b) require the alteration or removal of any unsuitable wine-making equipment ormaterial;
(c) require a licensee to clean, disinfect, ventilate, or otherwise improve the sanitary andworking conditions of any plant, premises, and wine-making equipment;
(d) demand that any marc, pomace, or fruit considered unfit for wine making, orproducing or likely to produce an unsanitary condition, be destroyed, denatured, or removed fromthe premises;
(e) require a licensee to distill or cause to be distilled or disposed of under thedepartment's supervision, any unsound, poor quality finished wine, or unfinished wine that willnot be satisfactory when finished; or
(f) demand that all books, records, or data pertaining to the grapes and other materialsand ingredients used in the manufacture of wine, are available to the commission or departmentupon request.
(4) A winery licensee may not permit any wine to be consumed on its premises, exceptunder the following circumstances:
(a) A winery licensee may allow its employees to consume on the premises wine as thewine maker may furnish to them without charge.
(b) A winery licensee may allow any person who can lawfully buy wine for wholesale orretail distribution to consume bona fide samples of its product on the winery premises.
(c) A winery licensee may operate on its manufacturing premises a retail facility allowingconsumption, of samples on premises, of wine as long as food is also available. Any such retailfacility located on the premises of a winery licensee shall be operated or supervised by the winerylicensee.
(5) The federal definitions, standards of identity, and quality and labeling requirementsfor wine, in the Federal Alcoholic Administration regulations, and amendments made to thatdocument, are adopted to the extent they are not contrary to or inconsistent with the laws of thisstate.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 277, 1991 General Session