32A-8-301 (Repealed 07/01/11) - Distillery license -- Specific authority and restrictions.
32A-8-301 (Repealed 07/01/11). Distillery license -- Specific authority andrestrictions.
(1) A distillery license allows the licensee to:
(a) import, manufacture, store, transport, or export liquor;
(b) sell liquor to the department and to out-of-state customers;
(c) purchase alcoholic products for blending and manufacturing purposes if thedepartment is notified of the purchase and the date of delivery; and
(d) warehouse on its premises alcoholic products which it manufactures or purchases formanufacturing purposes.
(2) Any alcoholic product may be sold by a distiller directly to any person engagedwithin the state in a mechanical or industrial business, or in scientific pursuits that require the useof alcoholic products. The buyer shall hold a valid special permit from the departmentauthorizing the use of alcoholic products. The manufacturer may sell to the permittee alcoholicproducts only in types as the permit shall state. The sale of alcoholic products for this purpose issubject to rules as may be prescribed by the department and the federal government.
(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 alcoholic beverage-makingequipment or material;
(c) require the licensee to clean, disinfect, ventilate, or otherwise improve the sanitaryand working conditions of any plant, premises, and equipment; or
(d) demand that all books, records, or data pertaining to the materials and ingredientsused in the manufacture of alcoholic products be made available to the commission ordepartment upon request.
(4) (a) A distillery licensee may not permit any alcoholic beverage to be consumed on itspremises, except that a distillery may allow its employees to consume on its premises alcoholicproducts as the distillery may furnish to them without charge.
(b) A distillery licensee may allow any person who can lawfully buy alcoholic beveragesfor wholesale or retail distribution to consume bona fide samples of its product on the distillerypremises.
(5) The federal definitions, standards of identity and quality and labeling requirementsfor distilled liquor, in the Federal Alcoholic Administration regulations, and the amendmentsthereto, are adopted to the extent they are not contrary to or inconsistent with laws of this state.
Renumbered and Amended by Chapter 23, 1990 General Session
Repealed by Chapter 276, 2010 General Session