32A-11-106 (Repealed 07/01/11) - Operational restrictions.
32A-11-106 (Repealed 07/01/11). Operational restrictions.
A person granted a beer wholesaling license, and the employees and managementpersonnel of the beer wholesaling licensee, shall comply with the following conditions andrequirements. Failure to comply may result in a suspension or revocation of the beer wholesalinglicense or other disciplinary action taken against individual employees or management personnelof the licensee.
(1) A licensee may not wholesale a beer manufactured within the state by a brewer whois not licensed by the commission as a manufacturing licensee.
(2) A licensee may not wholesale a beer manufactured out of state by a brewer who hasnot obtained a certificate of approval from the department.
(3) (a) A licensee may not sell or distribute beer to a person within the state except:
(i) a licensed beer retailer;
(ii) a holder of a single event permit issued pursuant to Chapter 7, Single Event Permits;or
(iii) a holder of a temporary special event beer permit issued for a temporary specialevent pursuant to Chapter 10, Part 3, Temporary Special Event Beer Permits.
(b) A violation of this Subsection (3) is a class A misdemeanor.
(4) (a) A licensee may not sell or distribute a beer to a retailer outside of the geographicarea designated on its application, except that if a licensee is temporarily unable to supply retaildealers within its authorized geographical area, the department may grant temporary authority toanother licensed wholesaler who distributes the same brand in another area to supply retailers.
(b) A violation of this Subsection (4) is a class B misdemeanor.
(5) (a) A licensee shall own, lease, or otherwise control and maintain a warehouse facilitylocated in this state for the receipt, storage, and further distribution of all beer sold by thelicensee to a person within the state.
(b) A licensee may not sell beer to a person in this state, other than the department,unless the beer is first:
(i) physically removed from the vehicle used to transport the beer from the supplier to thelicensee; and
(ii) delivered into the actual possession and control of the licensee in its warehouse orother facility.
(6) (a) A beer wholesaling licensee shall maintain accounting and other records anddocuments as the department may require.
(b) A licensee or person acting for the licensee, who knowingly forges, falsifies, alters,cancels, destroys, conceals, or removes the entries in a book of account or other document of thelicensee required to be made, maintained, or preserved by this title or the rules of the commissionfor the purpose of deceiving the commission, the department, or an official or employee of thecommission or department, is subject to:
(i) the immediate suspension or revocation of the beer wholesaling license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(7) A licensee may not sell, transfer, assign, exchange, barter, give, or attempt in any wayto dispose of the beer wholesaling license to a person, whether for monetary gain or not, unless itis done:
(a) in accordance with the commission rules; and
(b) after written consent is given by the commission.
(8) A licensee may not sell or distribute an alcoholic beverage that has not had its labeland packaging approved by the department under Chapter 1, Part 8, Malted Beverages Act.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session