32A-12-102 (Repealed 07/01/11) - Special burdens of proof -- Inferences and presumptions.
32A-12-102 (Repealed 07/01/11). Special burdens of proof -- Inferences andpresumptions.
(1) In a prosecution of an offense defined in this title or in a proceeding brought toenforce this title:
(a) it is not necessary that the state or commission establish:
(i) the precise description or quantity of an alcoholic beverage or alcoholic product; or
(ii) the precise consideration, if any, given or received for an alcoholic beverage oralcoholic product;
(b) there is an inference, absent proof to the contrary, that an alcoholic beverage oralcoholic product in question is an alcoholic beverage or alcoholic product if the witnessdescribes it:
(i) as an alcoholic beverage or alcoholic product;
(ii) by a name that is commonly applied to an alcoholic beverage or alcoholic product; or
(iii) as intoxicating;
(c) if it is alleged that an association or corporation has violated this title, the fact of theincorporation of the association or corporation is presumed absent proof to the contrary;
(d) a certificate or report signed or purporting to be signed by any state chemist, assistantstate chemist, or state crime laboratory chemist, as to the analysis or ingredients of an alcoholicbeverage or alcoholic product is:
(i) prima facie evidence:
(A) of the facts stated in that certificate or report; and
(B) of the authority of the person giving or making the report; and
(ii) admissible in evidence without any proof of appointment or signature absent proof tothe contrary; and
(e) a copy of entries made in the records of the United States internal revenue collector,certified by the collector or a qualified notary public, showing the payment of the United Statesinternal revenue special tax for the manufacture or sale of an alcoholic beverage or alcoholicproduct is prima facie evidence of the manufacture or sale by the party named in the entry withinthe period set forth in the record.
(2) (a) In proving the unlawful sale, disposal, gift, or purchase, gratuitous or otherwise,or consumption of an alcoholic beverage or alcoholic product, it is not necessary that the state orcommission establish that any money or other consideration actually passed or that an alcoholicbeverage or alcoholic product was actually consumed if the court or trier of fact is satisfied that:
(i) a transaction in the nature of a sale, disposal, gift, or purchase actually occurred; or
(ii) consumption of an alcoholic beverage or alcoholic product was about to occur.
(b) Proof of consumption or intended consumption of an alcoholic beverage or alcoholicproduct on premises on which consumption is prohibited, by some person not authorized toconsume an alcoholic beverage or alcoholic product on those premises, is evidence that analcoholic beverage or alcoholic product was sold or given to or purchased by the personconsuming, about to consume, or carrying away the alcoholic beverage or alcoholic product asagainst the occupant of the premises.
(3) For purposes of a provision applicable under this chapter to a retail licensee orofficer, manager, employee, or agent of a retail licensee, the provision is applicable to a resortlicensee or a person operating under a sublicense of the resort licensee.
(4) Notwithstanding the other provisions of this chapter, a criminal offense identified in
this title as a criminal offense may not be enforced under this chapter if the criminal offenserelates to a violation:
(a) of a provision in this title related to intoxication or becoming intoxicated; and
(b) if the violation is first investigated by a law enforcement officer, as defined in Section53-13-103, who has not received training regarding the requirements of this title related toresponsible alcoholic beverage sale or service.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session