32A-12-212 (Repealed 07/01/11) - Unlawful possession -- Exceptions.
32A-12-212 (Repealed 07/01/11). Unlawful possession -- Exceptions.
(1) A person may not have or possess within this state liquor unless authorized by thistitle or the rules of the commission, except that:
(a) a person who clears United States Customs when entering this country may have orpossess for personal consumption and not for sale or resale, a maximum of two liters of liquorpurchased from without the United States;
(b) a person who moves the person's residence to this state from outside of this state mayhave or possess for personal consumption and not for sale or resale, liquor previously purchasedoutside the state and brought into this state during the move, if:
(i) the person obtains department approval before moving the liquor into the state; and
(ii) the person pays the department a reasonable administrative handling fee asdetermined by the commission;
(c) a person who as a beneficiary inherits as part of an estate liquor that is located outsidethe state, may have or possess the liquor and transport or cause the liquor to be transported intothe state if:
(i) the person obtains department approval before moving the liquor into the state;
(ii) the person provides sufficient documentation to the department to establish theperson's legal right to the liquor as a beneficiary; and
(iii) the person pays the department a reasonable administrative handling fee asdetermined by the commission; or
(d) a person may transport, have, or possess liquor if:
(i) the person transports, has, or possesses the liquor:
(A) for personal household use and consumption; and
(B) not for:
(I) sale;
(II) resale;
(III) gifting to another; or
(IV) consumption on a premise licensed by the commission;
(ii) the liquor is purchased from a store or outlet on a military installation; and
(iii) the maximum amount the person transports, has, or possesses under this Subsection(1)(d) is:
(A) two liters of:
(I) spirituous liquor;
(II) wine; or
(III) a combination of spirituous liquor and wine; and
(B) (I) one case of heavy beer that does not exceed 288 ounces; or
(II) one case of a flavored malt beverage that does not exceed 288 ounces.
(2) (a) Approval under Subsection (1)(b) may be obtained by a person who:
(i) is transferring the person's permanent residence to this state; or
(ii) maintains separate residences both in and out of this state.
(b) A person may not obtain approval to transfer liquor under Subsection (1)(b) morethan once.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session