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Chapter 01 - Definitions And General Provisions
Section 35-1-1 - Definition of terms. - 35-1-1. Definition of terms. Terms used in this title mean:...
Section 35-1-1.1 - Licensee includes municipal operating agreement holder--Number of agreements limited. - 35-1-1.1. Licensee includes municipal operating agreement holder--Number of agreements limited....
Section 35-1-2 - Secretary of revenue to administer title--Employment of personnel--Equipment and supplies. - 35-1-2. Secretary of revenue to administer title--Employment of personnel--Equipment and...
Section 35-1-3 - Certain revenue department employees prohibited from engaging in alcoholic beverage business. - 35-1-3. Certain revenue department employees prohibited from engaging in alcoholic...
Section 35-1-4 - Traffic in alcoholic beverages prohibited except as authorized by title. - 35-1-4. Traffic in alcoholic beverages prohibited except as authorized by...
Section 35-1-4.1 - Dispenser permitted to transport or store alcoholic beverage. - 35-1-4.1. Dispenser permitted to transport or store alcoholic beverage. A...
Section 35-1-5 - Unlicensed business prohibited--Violation as misdemeanor. - 35-1-5. Unlicensed business prohibited--Violation as misdemeanor. No person may transact...
Section 35-1-5.1 - Bottle clubs prohibited. - 35-1-5.1. Bottle clubs prohibited. A bottle club, being an establishment...
Section 35-1-5.3 - Consumption of distilled spirits in public place as misdemeanor--Exceptions. - 35-1-5.3. Consumption of distilled spirits in public place as misdemeanor--Exceptions....
Section 35-1-5.4 - Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business. - 35-1-5.4. Certain uses exempt from tax--Manufacture and storage in public...
Section 35-1-5.5 - Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation. - 35-1-5.5. Permit for consumption of alcoholic beverage on property owned...
Section 35-1-5.6 - Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions. - 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which...
Section 35-1-5.7 - Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer. - 35-1-5.7. Corkage fee for wine supplied by customer--Removal of partially...
Section 35-1-5.8 - Carrier may permit passenger to consume alcoholic beverage aboard vehicle. - 35-1-5.8. Carrier may permit passenger to consume alcoholic beverage aboard...
Section 35-1-5.9 - Commercial storage of wine--Authorization. - 35-1-5.9. Commercial storage of wine--Authorization. Any person not licensed under...
Section 35-1-7 - False statement in application or report as felony. - 35-1-7. False statement in application or report as felony. Any...
Section 35-1-8 - Sale or delivery of beverages for resale prohibited except as authorized. - 35-1-8. Sale or delivery of beverages for resale prohibited except...
Section 35-1-8.1 - Sacramental wines exempt. - 35-1-8.1. Sacramental wines exempt. The provisions of this title relating...
Section 35-1-9 - Storage of beverages restricted to licensed premises--Exception. - 35-1-9. Storage of beverages restricted to licensed premises--Exception. No licensee...
Section 35-1-9.1 - Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions. - 35-1-9.1. Consumption or possession of alcoholic beverage in vehicle a...
Section 35-1-9.3 - Certain situations not in violation of § 35-1-9.1. - 35-1-9.3. Certain situations not in violation of §35-1-9.1. It is...
Section 35-1-9.4 - Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances. - 35-1-9.4. Carry out of partially consumed, sealed bottle of wine...
Section 35-1-12 - Kegs of malt beverage--Retail sale--Records. - 35-1-12. Kegs of malt beverage--Retail sale--Records. No keg of malt...
Section 35-1-13 - Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor. - 35-1-13. Sale, purchase, possession, or use of alcohol without liquid...
Section 35-1-14 - Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions. - 35-1-14 . Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions. As...
Chapter 02 - Licensing Policies And Procedures
Section 35-2-1 - License application--Contents. - 35-2-1. License application--Contents. Any application for a license as provided...
Section 35-2-1.1 - Applications submitted to secretary--Approval if suitable. - 35-2-1.1. Applications submitted to secretary--Approval if suitable. Any application under...
Section 35-2-1.2 - Applications submitted to local governing body--Fee--Approval or disapproval. - 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any...
Section 35-2-2 - Fees. - 35-2-2. Fees. Every application for a license submitted to the...
Section 35-2-2.1 - Agreement by license applicant granting access to premises and records. - 35-2-2.1. Agreement by license applicant granting access to premises and...
Section 35-2-3 - Hearing required before issuance of retail license. - 35-2-3. Hearing required before issuance of retail license. No license...
Section 35-2-4 - Request for notice of hearing on retail license application--Notice by mail required. - 35-2-4. Request for notice of hearing on retail license application--Notice...
Section 35-2-5 - Time and place of hearing on retail license--Publication of notice. - 35-2-5. Time and place of hearing on retail license--Publication of...
Section 35-2-5.1 - Return of application disapproved by local governing body--Waiting period before new application. - 35-2-5.1. Return of application disapproved by local governing body--Waiting period...
Section 35-2-5.2 - Approval of application by local governing body--Approval by secretary required--Deposit of fees. - 35-2-5.2. Approval of application by local governing body--Approval by secretary...
Section 35-2-5.3 - Licensing authority may not reissue on-sale license not actively used. - 35-2-5.3. Licensing authority may not reissue on-sale license not actively...
Section 35-2-6.1 - State educational institutions--License to operate on campus prohibited--Exceptions. - 35-2-6.1. State educational institutions--License to operate on campus prohibited--Exceptions. No...
Section 35-2-6.2 - Character requirements for licensees. - 35-2-6.2. Character requirements for licensees. Any licensee under this title...
Section 35-2-6.3 - Ownership or lease of premises required of licensees--Ownership of business. - 35-2-6.3. Ownership or lease of premises required of licensees--Ownership of...
Section 35-2-6.4 - Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor. - 35-2-6.4. Manufacturers and wholesalers prohibited from engaging in retail business--Violation...
Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events. - 35-2-6.8. Manufacturers and wholesalers permitted to pour or serve at...
Section 35-2-6.9 - Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers. - 35-2-6.9. Manufacturers and wholesalers permitted to enter into sponsorship or...
Section 35-2-6.10 - Manufacturers and wholesalers permitted to donate beverages to certain licensees . - 35-2-6.10. Manufacturers and wholesalers permitted to donate beverages to certain...
Section 35-2-7 - Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee. - 35-2-7. Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts...
Section 35-2-8 - Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued. - 35-2-8. Continuation of business by representative of deceased licensee--Responsibility of...
Section 35-2-9 - Sale of stock in trade on termination of license. - 35-2-9. Sale of stock in trade on termination of license....
Section 35-2-10 - Violation as ground for revocation or suspension of license--Multiple licenses. - 35-2-10. Violation as ground for revocation or suspension of license--Multiple...
Section 35-2-10.1 - Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty. - 35-2-10.1. Conditions under which license may not be revoked or...
Section 35-2-10.2 - Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction. - 35-2-10.2. Directory of training programs to be maintained on department...
Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one. - 35-2-10.3. Compliance checks of prohibited alcohol sales to persons under...
Section 35-2-11.1 - Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary. - 35-2-11.1. Recommendation by local governing body for suspension or revocation...
Section 35-2-11.2 - Notice of hearing prior to local governing body's recommendation of suspension or revocation. - 35-2-11.2. Notice of hearing prior to local governing body's recommendation...
Section 35-2-12 - Investigation--Revocation or suspension proceedings. - 35-2-12. Investigation--Revocation or suspension proceedings. If the secretary receives information...
Section 35-2-13 - Right to hearing on action on application or license. - 35-2-13. Right to hearing on action on application or license....
Section 35-2-19 - Termination of rights after revocation of license. - 35-2-19. Termination of rights after revocation of license. Upon service...
Section 35-2-20 - Waiting period for new license after revocation--Application by relatives or employees. - 35-2-20. Waiting period for new license after revocation--Application by relatives...
Section 35-2-21 - Suspension in lieu of revocation of license--Maximum period--Compromise settlement. - 35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement....
Section 35-2-24 - Requirements for reissuance of license. - 35-2-24. Requirements for reissuance of license. No license granted under...
Section 35-2-25 - Sales or use tax licenses. - 35-2-25. Sales or use tax licenses. No license granted pursuant...
Section 35-2-26 - Licensees or employees charged with certain felonies may be prohibited from licensed premises. - 35-2-26. Licensees or employees charged with certain felonies may be...
Chapter 03 - Local Option And Municipal Powers
Section 35-3-1 - Police power of municipality--Territorial jurisdiction. - 35-3-1. Police power of municipality--Territorial jurisdiction. Any incorporated municipality may...
Section 35-3-6 - Municipalities and townships to which local option provisions apply. - 35-3-6. Municipalities and townships to which local option provisions apply....
Section 35-3-7 - Questions subject to local option--On-sale licensing--Municipality procuring license. - 35-3-7. Questions subject to local option--On-sale licensing--Municipality procuring license. Any...
Section 35-3-8 - Petition for election on local option--Number of signers required--Filing. - 35-3-8. Petition for election on local option--Number of legal voters...
Section 35-3-9 - Election laws applicable to local option elections. - 35-3-9. Election laws applicable to local option elections. Except as...
Section 35-3-10 - Form of question on permitting on-sale licenses. - 35-3-10. Form of question on permitting on-sale licenses. The form...
Section 35-3-11 - On-sale licenses permitted when approved by voters--Termination of licenses when disapproved. - 35-3-11. On-sale licenses permitted when approved by voters--Termination of licenses...
Section 35-3-12 - Form of questions on procurement of license by municipality. - 35-3-12. Form of questions on procurement of license by municipality....
Section 35-3-13 - Procurement of license by municipality when approved by voters--Termination of other licenses. - 35-3-13. Procurement of license by municipality when approved by voters--Termination...
Section 35-3-15 - Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license. - 35-3-15. Acquisition of stock and equipment from licensee forced out...
Section 35-3-16 - Arbitration of price paid to licensee forced out of business--Maximum price and inventory. - 35-3-16. Arbitration of price paid to licensee forced out of...
Section 35-3-18 - Municipal establishment supervised by governing body--Establishment of prices. - 35-3-18. Municipal establishment supervised by governing body--Establishment of prices. Every...
Section 35-3-19 - Receipts from municipal establishment deposited with finance officer--Disbursement of funds. - 35-3-19. Receipts from municipal establishment deposited with finance officer--Disbursement of...
Section 35-3-20 - Purchase invoices for municipal supplies filed with auditor or finance officer--Contents. - 35-3-20. Purchase invoices for municipal supplies filed with auditor or...
Section 35-3-21 - Accounting for municipal transactions. - 35-3-21. Accounting for municipal transactions. Every municipality engaged in the...
Section 35-3-23 - Form of question on renewal of license for municipal business. - 35-3-23. Form of question on renewal of license for municipal...
Section 35-3-24 - Governing body may not apply for renewal if disapproved at election. - 35-3-24. Governing body may not apply for renewal if disapproved...
Section 35-3-25 - Liquidation of municipal business on disapproval by voters. - 35-3-25. Liquidation of municipal business on disapproval by voters. If...
Section 35-3-26 - Waiting period between local option elections. - 35-3-26. Waiting period between local option elections. If any question...
Section 35-3-27 - Refund of license fee on termination of license by local option election. - 35-3-27. Refund of license fee on termination of license by...
Section 35-3-28 - Credit purchases may be prohibited by lessee of license. - 35-3-28. Credit purchases may be prohibited by lessee of license....
Chapter 04 - Sale Of Beverages
Section 35-4-1 - Beverages to which chapter applies. - 35-4-1. Beverages to which chapter applies. The provisions of this...
Section 35-4-2 - Classes of licenses enumerated--Fees. - 35-4-2. Classes of licenses enumerated--Fees. The classes of licenses, with...
Section 35-4-2.4 - Eligibility of municipality for wine, cider, or malt beverage license. - 35-4-2.4. Eligibility of municipality for wine, cider, or malt beverage...
Section 35-4-2.8 - Possession of more than one license--Exercise of privileges. - 35-4-2.8. Possession of more than one license--Exercise of privileges. Any...
Section 35-4-2.11 - Distribution of license and transfer fees and penalties. - 35-4-2.11. Distribution of license and transfer fees and penalties. Fifty...
Section 35-4-2.12 - Regulation of alcoholic beverages aboard conveyances. - 35-4-2.12. Regulation of alcoholic beverages aboard conveyances. Any municipality may...
Section 35-4-5.1 - Manufacturers and retailers may not be granted wholesale license. - 35-4-5.1. Manufacturers and retailers may not be granted wholesale license....
Section 35-4-10 - Number of off-sale licenses restricted by population. - 35-4-10. Number of off-sale licenses restricted by population. No more...
Section 35-4-10.2 - Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor. - 35-4-10.2. Off-sale licensees permitted to provide free samples--No additional license...
Section 35-4-10.3 - Manufacturers and wholesalers permitted to provide samples on licensed retailer premises. - 35-4-10.3. Manufacturers and wholesalers permitted to provide samples on licensed...
Section 35-4-11 - Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses. - 35-4-11. Municipal determination of number of licenses and amount of...
Section 35-4-11.1 - Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance. - 35-4-11.1. Counties--Number of licenses and amount of fees--Number restricted by...
Section 35-4-11.2 - Convention facility on-sale licenses issued by municipality or county on behalf of improvement district. - 35-4-11.2. Convention facility on-sale licenses issued by municipality or county...
Section 35-4-11.11 - Additional convention facility on-sale licenses authorized. - 35-4-11.11. Additional convention facility on-sale licenses authorized. In addition to...
Section 35-4-11.12 - On-sale licenses for improvement districts. - 35-4-11.12. On-sale licenses for improvement districts. A county may issue...
Section 35-4-11.13 - Hunting preserve facility on-sale license. - 35-4-11.13. Hunting preserve facility on-sale license. Notwithstanding the provisions of...
Section 35-4-13 - Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses. - 35-4-13. Continuation of on-sale license despite annexation by municipality or...
Section 35-4-14 - On-sale license for publicly operated airport. - 35-4-14. On-sale license for publicly operated airport. Notwithstanding the provisions...
Section 35-4-14.1 - On-sale license issued to municipal auditorium or convention hall. - 35-4-14.1. On-sale license issued to municipal auditorium or convention hall....
Section 35-4-19 - Licensed municipalities permitted to issue certain licenses--Operating agreements permitted. - 35-4-19. Licensed municipalities permitted to issue certain licenses--Operating agreements permitted....
Section 35-4-19.1 - Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders. - 35-4-19.1. Full-service restaurant on-sale license provisions applicable to municipalities and...
Section 35-4-21 - Contents of operating agreements. - 35-4-21. Contents of operating agreements. An operating agreement under §35-4-19...
Section 35-4-22 - Agreement for operation of municipal off-sale establishment. - 35-4-22. Agreement for operation of municipal off-sale establishment. If a...
Section 35-4-22.1 - License renewal of off-sale licensee outside of boundaries. - 35-4-22.1. License renewal of off-sale licensee outside of boundaries. An...
Section 35-4-23 - Contents of agreement for operation of municipal off-sale establishment. - 35-4-23. Contents of agreement for operation of municipal off-sale establishment....
Section 35-4-41 - Duration and expiration of licenses--Full fee charged for part of year. - 35-4-41. Duration and expiration of licenses--Full fee charged for part...
Section 35-4-45 - Bonded warehouse permitted to store beverages--Additional bond required. - 35-4-45. Bonded warehouse permitted to store beverages--Additional bond required. Any...
Section 35-4-47 - Sources from which wholesalers may receive beverages. - 35-4-47. Sources from which wholesalers may receive beverages. Except as...
Section 35-4-50 - Restrictions on sales by wholesalers. - 35-4-50. Restrictions on sales by wholesalers. A licensed wholesaler under...
Section 35-4-52 - Prohibited sales practices by manufacturers and wholesalers. - 35-4-52. Prohibited sales practices by manufacturers and wholesalers. No manufacturer...
Section 35-4-60 - Retailers permitted to purchase only from wholesalers. - 35-4-60. Retailers permitted to purchase only from wholesalers. Except as...
Section 35-4-60.1 - Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler. - 35-4-60.1. Wholesalers to purchase only from brand owner or brand...
Section 35-4-60.2 - Purchase from municipality of malt beverages by certain licensees--Price charged. - 35-4-60.2. Purchase from municipality of malt beverages by certain licensees--Price...
Section 35-4-60.3 - Certain licensees permitted to purchase from wholesalers and retailers. - 35-4-60.3. Certain licensees permitted to purchase from wholesalers and retailers....
Section 35-4-66 - Restrictions on transportation of beverages. - 35-4-66. Restrictions on transportation of beverages. Alcoholic beverages may be...
Section 35-4-67 - Restrictions on importation of beverages. - 35-4-67. Restrictions on importation of beverages. Except as provided in...
Section 35-4-71 - Sale of alcohol by dispensers restricted. - 35-4-71. Sale of alcohol by dispensers restricted. No dispenser may...
Section 35-4-74 - Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor. - 35-4-74. Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor....
Section 35-4-75 - Service by on-sale licensees restricted to premises--Violation as misdemeanor. - 35-4-75. Service by on-sale licensees restricted to premises--Violation as misdemeanor....
Section 35-4-77.1 - Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance. - 35-4-77.1. Sale or consumption of alcoholic beverages on sidewalk abutting...
Section 35-4-78 - Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability. - 35-4-78. Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation...
Section 35-4-79 - Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor. - 35-4-79. Persons under twenty-one years old not permitted to loiter...
Section 35-4-79.4 - Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor. - 35-4-79.4. Exception to prohibition on sales or service by persons...
Section 35-4-81 - Restriction by ordinance of sales, service, and consumption on certain days. - 35-4-81. Restriction by ordinance of sales, service, and consumption on...
Section 35-4-81.2 - Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor. - 35-4-81.2. Times when beverage sales, service, and consumption prohibited--Violation as...
Section 35-4-99 - Display of health warning sign--Violation as petty offense. - 35-4-99. Display of health warning sign--Violation as petty offense. All...
Section 35-4-100 - Health warning sign--Contents--Copy provided to licensees. - 35-4-100. Health warning sign--Contents--Copy provided to licensees. The Department of...
Section 35-4-101 - Minibars authorized in hotels or motels. - 35-4-101. Minibars authorized in hotels or motels. Any hotel or...
Section 35-4-102 - Minibars--Beverage sizes--Age limit--Access. - 35-4-102. Minibars--Beverage sizes--Age limit--Access. Any hotel or motel may sell...
Section 35-4-103 - Annual additional license fee for video lottery machines on licensed premises. - 35-4-103. Annual additional license fee for video lottery machines on...
Section 35-4-106 - License at county or municipal golf course. - 35-4-106. License at county or municipal golf course. Any county...
Section 35-4-107 - Resort facility on-sale license--Resort facility defined--Terms of license--Application. - 35-4-107. Resort facility on-sale license--Resort facility defined--Terms of license--Application. Notwithstanding...
Section 35-4-110 - Definition of terms pertaining to full-service restaurant on-sale licenses. - 35-4-110. Definition of terms pertaining to full-service restaurant on-sale licenses....
Section 35-4-111 - Full-service restaurant on-sale licenses. - 35-4-111. Full-service restaurant on-sale licenses. Notwithstanding the provisions of §35-4-11...
Section 35-4-112 - Documentation in support of initial application for full-service restaurant on-sale license. - 35-4-112. Documentation in support of initial application for full-service restaurant...
Section 35-4-113 - Renewal of full-service restaurant on-sale license--Annual report. - 35-4-113. Renewal of full-service restaurant on-sale license--Annual report. If the...
Section 35-4-114 - On-premise consumption required. - 35-4-114. On-premise consumption required. A full-service restaurant on-sale licensee may...
Section 35-4-115 - Advertisement of full-service restaurant. - 35-4-115. Advertisement of full-service restaurant. A restaurant that has a...
Section 35-4-116 - Fees for additional on-sale licenses to full-service restaurants. - 35-4-116. Fees for additional on-sale licenses to full-service restaurants. Any...
Section 35-4-117 - Price of full-service restaurant on-sale license set at or above current fair market value. - 35-4-117. Price of full-service restaurant on-sale license set at or...
Section 35-4-118 - Registry of full-service restaurant on-sale licenses. - 35-4-118. Registry of full-service restaurant on-sale licenses. Each municipality or...
Section 35-4-119 - Registration that full-service restaurant on-sale license is for sale. - 35-4-119. Registration that full-service restaurant on-sale license is for sale....
Section 35-4-120 - Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal. - 35-4-120. Certain licensees to report amount paid for other licenses--Objection...
Section 35-4-123 - County fairground on-sale license. - 35-4-123. County fairground on-sale license. Any county operating a county...
Section 35-4-124 - Special alcoholic beverage licenses--Special events. - 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county...
Section 35-4-124.1 - Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. - 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or...
Section 35-4-125 - Application for special alcoholic beverage license--Fee. - 35-4-125. Application for special alcoholic beverage license--Fee. Notwithstanding §35-1-5.5, a...
Section 35-4-127 - Off-sale delivery license. - 35-4-127. Off-sale delivery license. A licensee licensed pursuant to subdivision...
Section 35-4-128 - Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor. - 35-4-128. Manufacture, sale, or possession of powdered, condensed, or concentrated...
Section 35-4-129 - Sale of alcoholic beverages below cost prohibited--Exception. - 35-4-129. Sale of alcoholic beverages below cost prohibited--Exception. No alcoholic...
Section 35-4-130 - Quantity discounts and cash discounts permitted. - 35-4-130. Quantity discounts and cash discounts permitted. A retailer, as...
Chapter 05 - Alcohol Excise Tax
Section 35-5-1 - Beverages to which chapter applies. - 35-5-1. Beverages to which chapter applies. The provisions of this...
Section 35-5-2 - Alcohol excise tax to be paid by manufacturers and wholesalers. - 35-5-2. Alcohol excise tax to be paid by manufacturers and...
Section 35-5-3 - Amount of tax based on quantities--Diluted beverages. - 35-5-3. Amount of tax based on quantities--Diluted beverages. The alcohol...
Section 35-5-6 - Beverages exempt from tax. - 35-5-6. Beverages exempt from tax. The following alcoholic beverages sold...
Section 35-5-6.1 - Additional tax on wholesaler's purchases--Administration. - 35-5-6.1. Additional tax on wholesaler's purchases--Administration. In addition to the...
Section 35-5-7 - Bond required of licensees--Amount of bond--Deposit in lieu of bond. - 35-5-7. Bond required of licensees--Amount of bond--Deposit in lieu of...
Section 35-5-7.1 - Cancellation of bond by surety--Revocation of license. - 35-5-7.1. Cancellation of bond by surety--Revocation of license. The surety...
Section 35-5-10 - Monthly return and payment of tax based on quantity of beverages--Violation as misdemeanor. - 35-5-10. Monthly return and payment of tax based on quantity...
Section 35-5-19 - Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement. - 35-5-19. Interest and penalty for delinquency in filing return or...
Section 35-5-20 - Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor. - 35-5-20. Records and reports required of licensees--Entry and examination on...
Section 35-5-20.1 - Reports required on shipments of beverages into state--Violation as misdemeanor. - 35-5-20.1. Reports required on shipments of beverages into state--Violation as...
Section 35-5-22 - Distribution to municipalities from alcoholic beverage fund. - 35-5-22. Distribution to municipalities from alcoholic beverage fund. Twenty-five percent...
Section 35-5-22.1 - Entities sharing in municipal distribution. - 35-5-22.1. Entities sharing in municipal distribution. For the purposes of...
Section 35-5-22.2 - Distribution to counties from alcoholic beverage fund. - 35-5-22.2. Distribution to counties from alcoholic beverage fund. Twenty-five percent...
Section 35-5-25 - Payment to township or county of distribution for unincorporated town. - 35-5-25. Payment to township or county of distribution for unincorporated...
Section 35-5-26 - Population used as basis for distribution to unincorporated towns. - 35-5-26. Population used as basis for distribution to unincorporated towns....
Chapter 08A - Regulation Of Beer Industry Business Relationships
Section 35-8A-1 - Legislative authority and purpose. - 35-8A-1. Legislative authority and purpose. The Legislature declares that: (1)Regulation...
Section 35-8A-2 - Definitions of terms. - 35-8A-2. Definitions of terms. Terms used in this chapter mean:...
Section 35-8A-3 - Distribution contracts--Application of this chapter. - 35-8A-3. Distribution contracts--Application of this chapter. Any supplier and any...
Section 35-8A-4 - Prohibited actions by supplier. - 35-8A-4. Prohibited actions by supplier. No supplier may: (1)Induce or...
Section 35-8A-5 - Good cause for termination, cancellation, nonrenewal, discontinuance, or modification. - 35-8A-5. Good cause for termination, cancellation, nonrenewal, discontinuance, or modification....
Section 35-8A-6 - Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler. - 35-8A-6. Conditions for terminating, failing to renew, or refusing to...
Section 35-8A-7 - When compensation required from brewer--Reasonable value--Arbitration. - 35-8A-7. When compensation required from brewer--Reasonable value--Arbitration. Any brewer who...
Section 35-8A-8 - Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler. - 35-8A-8. Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner...
Section 35-8A-9 - Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties. - 35-8A-9. Injunctive relief for violation of distribution agreement--Costs and attorney...
Section 35-8A-10 - Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay. - 35-8A-10. Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay. A...
Section 35-8A-11 - Distribution agreement binding upon successor. - 35-8A-11. Distribution agreement binding upon successor. A successor to a...
Section 35-8A-12 - Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited. - 35-8A-12. Waiver of rights void--Mutually binding agreements or voluntary dispute...
Section 35-8A-13 - Unreasonable amendment prohibited. - 35-8A-13. Unreasonable amendment prohibited. No supplier may require a wholesaler...
Section 35-8A-14 - Exclusive sales territories--Designated wholesaler. - 35-8A-14. Exclusive sales territories--Designated wholesaler. Each supplier of malt beverages...
Section 35-8A-15 - Application of chapter. - 35-8A-15. Application of chapter. The provisions of this chapter shall...
Section 35-8A-16 - Brand defined. - 35-8A-16. Brand defined. For purposes of this chapter, the term,...
Section 35-8A-17 - Brand extension defined. - 35-8A-17. Brand extension defined. For purposes of this chapter, the...
Section 35-8A-18 - Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption. - 35-8A-18. Brand extension to be assigned wholesaler granted exclusive sales...
Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand. - 35-8A-19. Future brand extensions to be assigned wholesaler who first...
Section 35-8A-20 - Application of certain amended and enacted sections. - 35-8A-20. Application of certain amended and enacted sections. The 1999...
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability. - 35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability....
Section 35-9-1.1 - Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability. - 35-9-1.1. Furnishing alcoholic beverage to person eighteen years or older...
Section 35-9-1.2 - Reasonable attempt to investigate age. - 35-9-1.2. Reasonable attempt to investigate age. Any person charged with...
Section 35-9-1.3 - Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred. - 35-9-1.3. Sale of alcoholic beverage to underaged person based on...
Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person. - 35-9-1.4. Circumstances under which criminal penalty may not be imposed...
Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense. - 35-9-1.5. Fine imposed on licensee when sale does not constitute...
Section 35-9-1.6 - Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine. - 35-9-1.6. Hearing on liability for furnishing alcoholic beverage to underage...
Section 35-9-2 - Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor. - 35-9-2. Purchase, possession, or consumption of beverage by person under...
Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions. - 35-9-2.1. Merchant may detain person under twenty-one who purchases, attempts...
Section 35-9-2.2 - Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained. - 35-9-2.2. Merchant to post notice if persons illegally attempting to...
Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor. - 35-9-2.3. Purchase of beverage by adult for person under twenty-one...
Section 35-9-2.4 - Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance. - 35-9-2.4. Immunity from prosecution for offense arising out of underage...
Section 35-9-2.5 - Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance. - 35-9-2.5. Immunity from prosecution for offense arising out of underage...
Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age. - 35-9-4.1. Legislative intent and purpose for raising minimum drinking age....
Section 35-9-6 - Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage. - 35-9-6. Determination of venue when minor apprehended for purchase, possession,...
Section 35-9-6.1 - Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage. - 35-9-6.1. Determination of venue in juvenile adjudication arising from purchase,...
Section 35-9-7 - Driver's license suspension or restriction for certain violations. - 35-9-7. Driver's license suspension or restriction for certain violations. If...
Section 35-9-8 - Driver's license revocation for certain violations. - 35-9-8. Driver's license revocation for certain violations. If the conviction...
Section 35-9-9 - Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor. - 35-9-9. Social host prohibited from permitting consumption of alcoholic beverages...
Section 35-9-10 - Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor. - 35-9-10. Social host prohibited from permitting consumption of alcoholic beverages...
Section 35-9-11 - Defense available to social host. - 35-9-11. Defense available to social host. It is a defense...
Section 35-9-12 - Social host's lack of physical presence not a defense. - 35-9-12. Social host's lack of physical presence not a defense....
Section 35-9-13 - Social host defined. - 35-9-13. Social host defined. For purposes of §§35-9-9 to 35-9-12,...
Chapter 10 - Enforcement Powers And Procedures
Section 35-10-1 - Promulgation of rules. - 35-10-1. Promulgation of rules. The secretary may promulgate rules, pursuant...
Section 35-10-4 - Subpoena and administration of oaths by secretary. - 35-10-4. Subpoena and administration of oaths by secretary. For the...
Section 35-10-8 - Enforcement and collection of cost penalties assessed for violations. - 35-10-8. Enforcement and collection of cost penalties assessed for violations....
Section 35-10-9 - Notice of convictions mailed to local and state licensing authorities. - 35-10-9. Notice of convictions mailed to local and state licensing...
Section 35-10-11 - Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal. - 35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return...
Section 35-10-12 - Application by officer for judicial determination as to beverages--Notice of time and place of hearing. - 35-10-12. Application by officer for judicial determination as to beverages--Notice...
Section 35-10-13 - Determination as to status of beverages seized--Order for return to owner or confiscation. - 35-10-13. Determination as to status of beverages seized--Order for return...
Section 35-10-14 - Report of beverages confiscated--Destruction of unsalable beverages. - 35-10-14. Report of beverages confiscated--Destruction of unsalable beverages. Upon any...
Section 35-10-15 - Custody and storage of salable confiscated beverages. - 35-10-15. Custody and storage of salable confiscated beverages. If confiscated...
Section 35-10-16 - Sale by secretary of confiscated beverages--Disposition of proceeds. - 35-10-16. Sale by secretary of confiscated beverages--Disposition of proceeds. If...
Section 35-10-17 - Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor. - 35-10-17. Place used for violation of beverage laws as common...
Section 35-10-18 - Lien against place of violation for fines and costs assessed--Enforcement of lien. - 35-10-18. Lien against place of violation for fines and costs...
Section 35-10-19 - Action to enjoin nuisance--Bond not required. - 35-10-19. Action to enjoin nuisance--Bond not required. An action to...
Section 35-10-20 - Action secured against premises--Parties defendant. - 35-10-20. Action secured against premises--Parties defendant. An action pursuant to...
Section 35-10-21 - Temporary injunction in action to enjoin nuisance. - 35-10-21. Temporary injunction in action to enjoin nuisance. If, in...
Section 35-10-22 - Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation. - 35-10-22. Order prohibiting manufacture, sale or storage of beverages and...
Section 35-10-23 - Bond to secure occupancy of place of violation--Conditions. - 35-10-23. Bond to secure occupancy of place of violation--Conditions. Notwithstanding...
Section 35-10-25 - Summary punishment for contempt--Affidavits as prima facie case. - 35-10-25. Summary punishment for contempt--Affidavits as prima facie case. In...
Section 35-10-26 - Pleadings and evidence in contempt actions. - 35-10-26. Pleadings and evidence in contempt actions. The accused in...
Section 35-10-27 - Proceedings governed by general law of contempt. - 35-10-27. Proceedings governed by general law of contempt. Except as...
Chapter 11 - Liability For Injuries By Intoxicated Persons
Section 35-11-1 - Legislative finding--Abrogation of former rule. - 35-11-1. Legislative finding--Abrogation of former rule. The Legislature finds that...
Section 35-11-2 - Social hosts not liable. - 35-11-2. Social hosts not liable. No social host who furnishes...
Chapter 12 - Farm Wineries
Section 35-12-13 - Farm winery defined. - 35-12-13. Farm winery defined. For the purposes of this chapter,...
Section 35-12-14 - License fee. - 35-12-14. License fee. The fee for a farm winery license...
Section 35-12-15 - Application of title. - 35-12-15. Application of title. Except as provided in this chapter,...
Section 35-12-16 - Excise tax. - 35-12-16. Excise tax. There is hereby levied on all alcoholic...
Section 35-12-17 - Requirement to use agricultural products grown or produced in state--Exception--Perjury. - 35-12-17. Requirement to use agricultural products grown or produced in...
Section 35-12-18 - Permitted sales--Limitation. - 35-12-18. Permitted sales--Limitation. A licensed farm winery may sell on...
Section 35-12-19 - Permitted licenses. - 35-12-19. Permitted licenses. A licensed farm winery may hold on...
Section 35-12-20 - Additional locations--Limitation. - 35-12-20. Additional locations--Limitation. A licensed farm winery may operate additional...
Section 35-12-21 - Registration of labels. - 35-12-21. Registration of labels. The holder of any license issued...
Section 35-12-22 - Promulgation of rules . - 35-12-22. Promulgation of rules. The secretary may promulgate rules, pursuant...
Chapter 12A - Interstate Wine Shipment
Section 35-12A-1 - Purchase of wine not in distribution in state--Ordering procedures. - 35-12A-1. Purchase of wine not in distribution in state--Ordering procedures....
Section 35-12A-2 - No registration fee for certain annual purchase totals. - 35-12A-2. No registration fee for certain annual purchase totals. If...
Section 35-12A-3 - Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules. - 35-12A-3. Limit on wine received from another state for personal...
Chapter 12B - Direct Shipments Of Wine
Section 35-12B-1 - Definitions. - 35-12B-1. Definitions. Terms used in this chapter mean: (1)"Common carrier,"...
Section 35-12B-2 - Wine direct shipper license requirements. - 35-12B-2. Wine direct shipper license requirements. Any winery located within...
Section 35-12B-3 - Wine carrier license requirements. - 35-12B-3. Wine carrier license requirements. Any common carrier may apply...
Section 35-12B-4 - Duration of wine direct shipper license and wine carrier license. - 35-12B-4. Duration of wine direct shipper license and wine carrier...
Section 35-12B-5 - Sale and shipment of wine registered for direct shipment--Requirements. - 35-12B-5. Sale and shipment of wine registered for direct shipment--Requirements....
Section 35-12B-6 - Package labeling requirements--Penalty for violations. - 35-12B-6. Package labeling requirements--Penalty for violations. A direct shipper shall...
Section 35-12B-7 - Delivery of shipment by wine carrier--Requirements--Penalty for violation. - 35-12B-7. Delivery of shipment by wine carrier--Requirements--Penalty for violation. Each...
Section 35-12B-8 - Limit on amount of wine received--Resale prohibited--Violation as misdemeanor. - 35-12B-8. Limit on amount of wine received--Resale prohibited--Violation as misdemeanor....
Section 35-12B-9 - Shipment in accordance with federal permit--Violation as misdemeanor. - 35-12B-9. Shipment in accordance with federal permit--Violation as misdemeanor. A...
Section 35-12B-10 - State jurisdiction--Audit of records. - 35-12B-10. State jurisdiction--Audit of records. A direct shipper is deemed...
Section 35-12B-11 - Direct shipper quarterly reports. - 35-12B-11. Direct shipper quarterly reports. A direct shipper shall file...
Section 35-12B-12 - Wine carrier quarterly reports. - 35-12B-12. Wine carrier quarterly reports. A wine carrier shall file...
Section 35-12B-13 - Tax payments. - 35-12B-13. Tax payments. A direct shipper shall pay the alcohol...
Section 35-12B-14 - Electronic submission of reports--Electronic tax payments. - 35-12B-14. Electronic submission of reports--Electronic tax payments. All reports required...
Section 35-12B-15 - Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty. - 35-12B-15. Sale and shipment of wine without direct shipper license...
Section 35-12B-16 - Promulgation of rules. - 35-12B-16. Promulgation of rules. The department may promulgate rules, pursuant...
Section 35-12B-17 - Internet website list of wine labels registered for sale and shipment. - 35-12B-17. Internet website list of wine labels registered for sale...
Chapter 13 - Distillers And Artisan Distillers
Section 35-13-13 - Definitions. - 35-13-13. Definitions. Terms used in this chapter mean: (1)"Artisan distiller,"...
Section 35-13-14 - Classes of licenses. - 35-13-14. Classes of licenses. The classes of licenses, with the...
Section 35-13-15 - Exception to licensing requirement. - 35-13-15. Exception to licensing requirement. No agricultural producer, association of...
Section 35-13-16 - Application of title. - 35-13-16. Application of title. Except as provided in this chapter,...
Section 35-13-17 - Excise tax. - 35-13-17. Excise tax. There is hereby levied on all alcoholic...
Section 35-13-18 - Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury. - 35-13-18. Artisan distiller required to use agricultural products grown or...
Section 35-13-19 - Permitted sales by artisan distiller--Limitation. - 35-13-19. Permitted sales by artisan distiller--Limitation. A licensed artisan distiller...
Section 35-13-20 - Permitted licenses for artisan distiller. - 35-13-20. Permitted licenses for artisan distiller. A licensed artisan distiller...
Section 35-13-21 - Additional locations of artisan distiller--Limitation. - 35-13-21. Additional locations of artisan distiller--Limitation. A licensed artisan distiller...
Section 35-13-22 - Permitted sales by distiller . - 35-13-22. Permitted sales by distiller. A licensed distiller may sell...
Section 35-13-23 - Registration of labels. - 35-13-23. Registration of labels. The holder of any license issued...
Section 35-13-24 - Promulgation of rules. - 35-13-24. Promulgation of rules. The secretary may promulgate rules, pursuant...
Chapter 13A - Distilled Spirits Not In Distribution In State
Section 35-13A-1 - Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery. - 35-13A-1. Purchase of distilled spirits not in distribution in state--Ordering...
Section 35-13A-2 - No registration fee for certain annual purchase totals. - 35-13A-2. No registration fee for certain annual purchase totals. If...
Section 35-13A-3 - Limit on distilled spirits received from another state for personal use--Resale prohibited--Certain licensee sales allowed--Violation a misdemeanor--Department of Revenue to promulgate rules. - 35-13A-3. Limit on distilled spirits received from another state for...
Chapter 14 - Cider Manufacturers And Microcideries
Section 35-14-1 - Definitions. - 35-14-1. Definitions. Terms used in this chapter: (1)"Cider manufacturer," any...
Section 35-14-2 - Classes of licenses. - 35-14-2. Classes of licenses. The classes of licenses, with the...
Section 35-14-3 - Application of title. - 35-14-3. Application of title. Except as provided in this chapter,...
Section 35-14-4 - Excise tax. - 35-14-4. Excise tax. There is hereby levied on all alcoholic...
Section 35-14-5 - Permitted sales by microcidery--Limitation. - 35-14-5. Permitted sales by microcidery--Limitation. A licensed microcidery may sell...
Section 35-14-6 - Permitted licenses for microcidery. - 35-14-6. Permitted licenses for microcidery. A licensed microcidery may hold...
Section 35-14-7 - Additional locations of microcidery--Limitation. - 35-14-7. Additional locations of microcidery--Limitation. A licensed microcidery may operate...
Section 35-14-8 - Permitted sales by cider manufacturer. - 35-14-8. Permitted sales by cider manufacturer. A licensed cider manufacturer...
Section 35-14-9 - Registration of labels. - 35-14-9. Registration of labels. The holder of any license issued...
Section 35-14-10 - Promulgation of rules . - 35-14-10. Promulgation of rules. The secretary may promulgate rules, pursuant...
Chapter 15 - Malt Beverage Manufacturers And Microbreweries
Section 35-15-1 - Definitions. - 35-15-1. Definitions. Terms used in this chapter mean: (1)"Malt beverage...
Section 35-15-2 - Classes of licenses. - 35-15-2. Classes of licenses. The classes of licenses, with the...
Section 35-15-3 - Application of title. - 35-15-3. Application of title. Except as provided in this chapter,...
Section 35-15-4 - Excise tax. - 35-15-4. Excise tax. There is hereby levied on all alcoholic...
Section 35-15-5 - Permitted sales by microbrewery--Limitation. - 35-15-5. Permitted sales by microbrewery--Limitation. A licensed microbrewery may sell...
Section 35-15-6 - Permitted licenses for microbrewery. - 35-15-6. Permitted licenses for microbrewery. A licensed microbrewery may hold...
Section 35-15-7 - Additional locations of microbrewery--Limitation. - 35-15-7. Additional locations of microbrewery--Limitation. A licensed microbrewery may operate...
Section 35-15-8 - Permitted sales by malt beverage manufacturer. - 35-15-8. Permitted sales by malt beverage manufacturer. A licensed malt...
Section 35-15-9 - Registration of labels. - 35-15-9. Registration of labels. The holder of any license issued...
Section 35-15-10 - Promulgation of rules . - 35-15-10. Promulgation of rules. The secretary may promulgate rules, pursuant...
Chapter 16 - Wine Manufacturers
Section 35-16-1 - Wine manufacturer defined. - 35-16-1. Wine manufacturer defined. For the purposes of this chapter...
Section 35-16-2 - License fee. - 35-16-2. License fee. The fee for a wine manufacturer license...
Section 35-16-3 - Application of title. - 35-16-3. Application of title. Except as provided in this chapter,...
Section 35-16-4 - Excise tax. - 35-16-4. Excise tax. There is hereby levied on all alcoholic...
Section 35-16-5 - Permitted sales. - 35-16-5. Permitted sales. A licensed wine manufacturer may sell on...
Section 35-16-6 - Registration of labels. - 35-16-6. Registration of labels. The holder of any license issued...
Section 35-16-7 - Promulgation of rules. - 35-16-7. Promulgation of rules. The secretary may promulgate rules, pursuant...
Section 35-16-8 - Bulk wine. - 35-16-8. Bulk wine. The quantity of bulk wine in any...