32A-12-606 (Repealed 07/01/11) - Unlawful acts involving consumers.
32A-12-606 (Repealed 07/01/11). Unlawful acts involving consumers.
(1) (a) It is unlawful for any industry member, directly or indirectly or through anaffiliate, to give away any of its alcoholic products to any person except for testing, analysis, andsampling purposes by the department and local industry representative licensees to the extentauthorized by this title.
(b) This Subsection (1) does not preclude an industry member from serving its alcoholicproducts to others at private social functions hosted by the industry member in the member'shome or elsewhere so long as the product is not served:
(i) as part of a promotion of the industry member's products; or
(ii) as a subterfuge to provide samples to others for product testing, analysis, or samplingpurposes.
(2) It shall be unlawful for any industry member or retailer, directly or indirectly orthrough an affiliate, to engage in any advertisement or promotional scheme that requires thepurchase or sale of an alcoholic beverage, or consumption of an alcoholic beverage in order toparticipate in any promotion, program, or other activity.
(3) It shall be unlawful for any industry member or retailer, directly or indirectly orthrough an affiliate, to pay, give, or deliver to any person any money or any other thing of value,including rebates, refunds, or prizes, based upon the purchase, display, use, sale, or consumptionof alcoholic beverages.
(4) It shall be unlawful for any industry member or retailer to sponsor or underwrite anyathletic, theatrical, scholastic, artistic, or scientific event that:
(a) overtly promotes the consumption of alcoholic products;
(b) offers alcoholic products to the general public without charge; or
(c) takes place on the premises of a school, college, university, or other educationalinstitution.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session