32A-12-301. Operating
without a license or permit.
A person may not operate a restaurant, airport lounge,
private club, on-premise beer retailer outlet, or similar establishment that allows
patrons, customers, members, guests, visitors, or other persons to purchase or
consume alcoholic beverages on the premises, except as provided by this title
or the rules of the commission
32A-12-220. Unlawful consumption in public
places.
(1) A person may not consume liquor in a public
building, park, or stadium, except as provided by this title.
(2) A violation of this section is a class C misdemeanor.
32A-12-213. Unlawful bringing onto premises
for consumption.
(1) Except as provided in Subsection (3), a person may
not bring for on-premise consumption any alcoholic beverage onto the premises
of any:
(a) licensed or unlicensed restaurant;
(b) licensed or unlicensed private club;
(c) airport lounge licensee;
(d) on-premise banquet licensee;
(e) on-premise beer retailer licensee;
(f) event where alcoholic beverages are sold or served
under a single event permit or temporary special event beer permit issued under
this title; or
(g) any establishment open to the general public.
(2) Except as provided in Subsection (3), a licensed
or unlicensed restaurant or private club, airport lounge licensee, on-premise
banquet licensee, on-premise beer retailer licensee, or holder of a single
event permit or temporary special event beer permit issued under this title, or
its officers, managers, employees, or agents may not allow a person to bring
onto its premises any alcoholic beverage for on-premise consumption or allow
consumption of any such alcoholic beverage in violation of this section.
(3) (a) A person may bring bottled wine onto the
premises of any restaurant liquor licensee, limited restaurant licensee, or
private club licensee and consume the wine pursuant to the applicable
restrictions contained in Subsection 32A-4-106(14), 32A-4-307(14),
or 32A-5-107(32);
(b) a passenger of a limousine may bring onto, have,
and consume any alcoholic beverage on the limousine if:
(i) the travel of the
limousine begins and ends at:
(A) the residence of the passenger;
(B) the hotel of the passenger, if the passenger is a
registered guest of the hotel; or
(C) the temporary domicile of the passenger; and
(ii) the driver of the limousine is separated from the
passengers by partition or other means approved by the department;
(c) a passenger of a chartered bus may bring onto,
have, and consume any alcoholic beverage on the chartered bus:
(i) (A) but may consume only
during travel to a specified destination of the chartered bus and not during
travel back to the place where the travel begins; or
(B) if the travel of the chartered bus begins and ends
at:
(I) the residence of the passenger;
(II) the hotel of the passenger, if the passenger is a
registered guest of the hotel; or
(III) the temporary domicile of the passenger; and
(ii) the chartered bus has a nondrinking
designee other than the driver traveling on the chartered bus to monitor
consumption; and
(d) a person may bring onto any premises, have, and
consume any alcoholic beverage at a privately hosted event that is not open to
the general public.
(4) Except as provided in Subsection (3)(c)(i)(A), the consumption of alcoholic beverages in limousines
and chartered buses is not allowed if the limousine or chartered bus drops off
passengers at locations from which they depart in private vehicles.
32A-12-305. Obstructing
an officer making a search or an official proceeding or investigation.
(1) A person in or having charge of any premises may
not refuse or fail to admit to the premises or obstruct the entry of any member
of the commission, authorized representative of the commission or department,
or any law enforcement officer who demands entry when acting under this title.
(2) A person in or having charge of any premises may
not interfere with any of the following who is conducting an investigation
under this title at the premises:
(a) a member of the commission;
(b) an authorized representative of the commission or
department; or
(c) any law enforcement officer.
(3) A person is guilty of a second degree felony if, believing
that an official proceeding or investigation is pending or about to be
instituted under this title, that person:
(a) alters, destroys, conceals, or removes any writing
or record with a purpose to impair its verity or availability in the proceeding
or investigation; or
(b) makes, presents, or uses anything that the person
knows to be false with a purpose to deceive any commissioner, department
official or employee, law enforcement official, or other person who may be
engaged in a proceeding or investigation under this title.
32A-12-204. Unlawful sale or furnishing to
intoxicated persons.
(1) A person may not sell, offer to sell, or otherwise
furnish any alcoholic beverage or product to:
(a) any person who is actually or apparently
intoxicated; or
(b) a person whom the person furnishing the alcoholic
beverage knew or should have known from the circumstances was actually or
apparently intoxicated.
(2) (a) A person who
negligently or recklessly violates Subsection (1) is guilty of a class B
misdemeanor.
(b) A person who knowingly violates Subsection (1) is
guilty of a class A misdemeanor.
(3) As used in Subsection (2)(a),
"negligently" means with simple negligence.
32A-12-202. Unauthorized
sale or supply.
A person authorized by this title to sell any
alcoholic beverage or product, and an officer, manager, employee, or agent of
that person may not sell, offer to sell, or otherwise furnish or supply, any
alcoholic beverage or product in any place, or at any day or time other than as
authorized by this title or the rules of the commission.
32A-12-205. Unlawful sale or supply to
interdicted persons.
(1) A person may not sell, offer to sell, or otherwise
furnish or supply any alcoholic beverage or product to any known interdicted
person.
(2) This section does not apply to the furnishing or
supplying of an alcoholic beverage or product to an interdicted person upon the
prescription of a physician, or administered by a physician, dentist, or
hospital under this title.
32A-12-214. Unlawful possession by licensees
or permittees.
A licensee or permittee of the commission may not
have, possess, store, or allow consumption on its premises any liquor not
purchased from the department, a state store, or a package agency, except as
authorized by Section 32A-12-213, other provisions of this title, or the
rules of the commission.
32A-14a-104. Governmental
immunity.
No provision of this title creates any civil liability
on the part of the state or its agencies and employees, the commission, the
department, or any political subdivision arising out of their activities in
regulating, controlling, authorizing, or otherwise being involved in the sale
or other distribution of alcoholic beverages.
32A-14a-102. Liability for injuries and
damage resulting from distribution of alcoholic beverages -- Causes of action
-- Statute of limitations -- Employee protections.
(1) (a) Except as provided in
Section 32A-14a-103, a person described in Subsection (1)(b) is liable
for:
(i) any and all injury and
damage, except punitive damages to:
(A) any third person; or
(B) the heir, as defined in Section 78-11-6.5,
of that third person; or
(ii) for the death of a third person.
(b) A person is liable under Subsection (1)(a) if:
(i) the person directly
gives, sells, or otherwise provides an alcoholic beverage:
(A) to a person described in Subsection (1)(b)(ii);
and
(B) as part of the commercial sale, storage, service,
manufacture, distribution, or consumption of alcoholic products;
(ii) those actions cause the intoxication of:
(A) any individual under the age of 21 years;
(B) any individual who is apparently under the
influence of intoxicating alcoholic products or drugs;
(C) any individual whom the person furnishing the
alcoholic beverage knew or should have known from the circumstances was under
the influence of intoxicating alcoholic beverages or products or drugs; or
(D) any individual who is a known interdicted person;
and
(iii) the injury or death described in Subsection
(1)(a) results from the intoxication of the individual who is provided the
alcoholic beverage.
(2) (a) A person 21 years of age or older who is
described in Subsection (2)(b) is liable for:
(i) any and all injury and
damage, except punitive damages to:
(A) any third person; or
(B) the heir, as defined in Section 78-11-6.5,
of that third person; or
(ii) for the death of the third person.
(b) A person is liable under Subsection (2)(a) if:
(i) that person directly
gives or otherwise provides an alcoholic beverage to an individual who the
person knows or should have known is under the age of 21 years;
(ii) those actions caused the intoxication of the
individual provided the alcoholic beverage;
(iii) the injury or death described in Subsection
(2)(a) results from the intoxication of the individual who is provided the
alcoholic beverage; and
(iv) the person is not liable under Subsection (1),
because the person did not directly give or provide the alcoholic beverage as
part of the commercial sale, storage, service, manufacture, distribution, or
consumption of alcoholic products.
(3) Except for a violation of Subsection (2), an
employer is liable for the actions of its employees in violation of this
chapter.
(4) A person who suffers an injury under Subsection
(1) or (2) has a cause of action against the person who provided the alcoholic
beverage in violation of Subsection (1) or (2).
(5) If a person having rights or liabilities under
this chapter dies, the rights or liabilities provided by this chapter survive
to or against that person's estate.
(6) The total amount that may be awarded to any person pursuant to a cause of
action for injury and damage under this chapter that arises after
(7) An action based upon a cause of action under this
chapter shall be commenced within two years after the date of the injury and
damage.
(8) (a) Nothing in this
chapter precludes any cause of action or additional recovery against the person
causing the injury.
(b) Any cause of action or additional recovery against
the person causing the injury and damage, which action is not brought under
this chapter, is exempt from the damage cap in Subsection (6).
(c) Any cause of action brought under this chapter is
exempt from Sections 78-27-37 through 78-27-43.
(9) This section does not apply to a general food
store or other establishment licensed under Chapter 10, Part 1, to sell beer at
retail for off-premise consumption.
32A-14a-105. Action for contribution by
provider of alcoholic beverages.
(1) (a) Except as provided in Subsections (2) and (3),
a person, as defined under Subsection 32A-14a-102(1), (2), or (3),
against whom an award has been made under this chapter, may bring a separate
cause of action for contribution against any person causing the injury and
damage.
(b) The maximum amount for which any person causing
the injury and damage may be liable to any person seeking contribution is that
percentage or proportion of the damages equivalent to the percentage or
proportion of fault attributed to that person causing the injury and damage.
(2) This action for contribution under this section
may not be brought against:
(a) any person entitled to recovery as described in
Subsection 32A-14a-102(1)(a)(i) or (ii); or
(b) any person entitled to recover as described in
Subsection 32A-14a-102(2)(a)(i) or (ii).
(3) An action for contribution under this section may
not diminish the amount of recovery for injury or damages awarded and received
to any person entitled to recover as described in Subsection 32A-14a-102(1)(a)(i) or (ii) or 32A-14a-102(2)(a)(i)
or (ii):
(a) in a cause of action brought under this chapter;
or
(b) in a separate cause of action for injury and
damage that is not brought under this chapter.