32A-12-201 (Repealed 07/01/11) - Unlawful sale or furnishing.
32A-12-201 (Repealed 07/01/11). Unlawful sale or furnishing.
(1) It is unlawful for any person in the business of selling liquor, or any manufacturer,supplier, or importer of liquor, or their officers, managers, employees, or agents to sell, ship,transport, or cause to be sold, shipped, or transported any liquor from an out-of-state locationdirectly or indirectly into this state except to the extent authorized by this title to:
(a) the department;
(b) a military installation;
(c) a holder of a special use permit to the extent authorized by the commission in thepermit; or
(d) a bonded liquor warehouse licensed by the commission to distribute and transportliquor to:
(i) the department; or
(ii) an out-of-state wholesaler or retailer.
(2) (a) It is unlawful for any person in the business of selling beer, or any manufacturer,supplier, or importer of beer, or their officers, managers, employees, or agents to sell, ship,transport, or cause to be sold, shipped, or transported any beer from an out-of-state locationdirectly or indirectly into this state except to the extent authorized by this title to:
(i) a licensed beer wholesaler;
(ii) a military installation; or
(iii) a holder of a special use permit to the extent authorized by the commission in thepermit.
(b) Subsection (2)(a) does not preclude a small brewer that holds a certificate of approvalunder Subsection 32A-8-101(4) from selling, shipping, or transporting beer directly to a licensedbeer retailer to the extent authorized by Subsection 32A-8-401(5).
(3) (a) It is unlawful for any manufacturer, supplier, or importer of liquor in this state, ortheir officers, managers, employees, or agents to sell, ship, transport, or cause to be sold, shipped,or transported any liquor directly or indirectly to any person in this state except to the extentauthorized by this title to:
(i) the department;
(ii) a military installation;
(iii) a holder of a special use permit to the extent authorized by the commission in thepermit; or
(iv) a bonded liquor warehouse licensed by the commission to distribute and transportliquor to:
(A) the department; or
(B) an out-of-state wholesaler or retailer.
(b) Subsection (3)(a) does not preclude a winery licensed under this title and located inthis state from selling wine to persons on its winery premises:
(i) to the extent authorized by Subsection 32A-8-201(4)(c); or
(ii) under a package agency established by the commission on the winery premises.
(4) (a) It is unlawful for any manufacturer, supplier, or importer of beer in this state, ortheir officers, managers, employees, or agents to sell, ship, transport, or cause to be sold, shipped,or transported any beer directly or indirectly to any person in this state except to the extentauthorized by this title to:
(i) a licensed beer wholesaler;
(ii) a military installation; or
(iii) a holder of a special use permit to the extent authorized by the commission in thepermit.
(b) Subsection (4)(a) does not preclude:
(i) a small brewer licensed under this title and located in this state from selling, shipping,and transporting beer directly to a licensed beer retailer in this state to the extent authorized bySubsection 32A-8-401(5); or
(ii) a brewer licensed under this title from selling beer to persons on its manufacturingpremises under Subsection 32A-8-401(4)(c).
(5) It is unlawful for any person other than a person described in Subsection (1) or (2) tosell, ship, transport, or cause to be sold, shipped, or transported any alcoholic beverage or productfrom an out-of-state location directly or indirectly into this state, except as otherwise provided bythis title.
(6) It is unlawful for any person in this state other than a person described in Subsection(3) or (4) to sell, ship, transport, or cause to be sold, shipped, or transported any alcoholicbeverage or product directly or indirectly to any other person in this state, except as otherwiseprovided by this title.
(7) It is unlawful for any retail licensee or permittee in this state, or their officers,managers, employees, or agents to keep for sale, or to directly or indirectly, sell, offer to sell, orotherwise furnish to another, any alcoholic beverage or product, except as otherwise provided bythis title.
(8) (a) A violation of Subsection (1), (2), (3), or (4) is a third degree felony.
(b) A violation of Subsection (5) or (6) is a class B misdemeanor.
(c) A violation of Subsection (7) is a class B misdemeanor, except where otherwiseprovided by this title.
Amended by Chapter 268, 2004 General Session
Repealed by Chapter 276, 2010 General Session