This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Utah’s Governing Liquor Authority

Utah’s Governing Liquor Authority:

• The State of Utah’s governing liquor authority is: The Department of Alcoholic Beverage Control or ABC.
• The phone number for the ABC is: 801-977-6800.
• The website for the ABC is: www.alcbev.state.ut.us

• Utah’s Legislature is the body responsible for enacting the state’s alcohol laws.
• Utah is a control state:

• The state government controls the sale and distribution of alcohol, where alcohol can be stored in a licensed facility, the retail price of the alcohol and the service hours for alcohol.
• Sales of alcohol are only allowed through state run liquor stores or package agencies, or licensed establishments such as bars, restaurants and nightclubs.
• Licensed establishments must purchase their inventory of alcohol from the state run liquor stores or package agencies. Light beer (beer that contains no more than 3.2% alcohol by volume) must be purchased from licensed beer wholesalers.

Liquor License and Alcohol Beverage Laws for the State of Utah

Utah’s Liquor Control Board requires:

• Licensees to uphold all the liquor laws for the state of Utah.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.
• Licensees to only serve alcohol that bears the state tax seal indicating that the proper taxes have been paid on the alcohol.
• Licensees to get approval for any storage locations of alcohol on their premises, which are to be locked during non-service hours.
• Alcohol purchased from state-run liquor stores or package agencies to be sold by licensed liquor distribution facilities to the consumer at the same price.
• Licensees to use a dispensing or metering system for alcohol that is approved by the state. (Mini bottles are not allowed.)

Regarding alcohol service restrictions, licensees:

• May not offer drink promotions or happy hours, which are unlawful in the state of Utah.
• May offer a discount on Lowpoint Beer – beer that contains 4% or less alcohol by volume. The discount must be available for an entire day and not just for a few hours in a day.

• May charge a service fee or corkage fee (determined by the licensed distributor) for mixed drinks.

• May not allow “brown bagging” of any alcohol (which was legal prior to 1991) into a licensed liquor distribution facility. An exception to this is for cork-finished wines that bear the state tax seal of Utah. If the bottle does not bear the seal, then the wine may not be served.
• May allow a customer to have only one drink at a time and must serve the customer at their table. In a licensed restaurant, the customer may not order form the bar and then take the drink to their table.

The following are the general service hours for alcoholic beverages in the state of Utah (local ordinances should always be consulted):

• On-Premise Establishments may sell and service alcohol Monday – Sunday from 10am to 1am.
• Off-Premise licensees and retail stores may sell and service alcohol Monday – Saturday from 10am to 10pm. Sales on Sunday are prohibited.
• Alcohol sales are also prohibited on days that general elections, primaries and special state elections take place. Liquor and wine are prohibited until after the polls close.

Under Utah’s Alcohol Laws:

• Alcohol is referenced by 2 main categories:

o        Liquor: referring to wine, wine-based beverages, distilled spirits and beer that contains more than 3.2% alcohol by volume.

o        Beer: referring to beer, light beer and any beer based products that contain 3.2% or less of alcohol by volume.

• Beverage alcohol refers to both liquor and beer.
• It is unlawful to encourage the sale and consumption of alcohol through suggestive selling techniques.
• Sales of alcohol are prohibited:

o        During non-service hours.

o        To minors under the age of 21.

o        In unlicensed establishments.

o        If the alcohol container does not bear Utah’s tax seal.

Intoxication defined under Utah’s alcohol laws:

• Obvious intoxication: the point at which a person’s speech and motor skills have become impaired.
• Legal intoxication: the point at which a person’s BAC reaches .08 or higher.

Restaurant licensees have additional requirements under their alcohol license:

• The total number of restaurant liquor licenses allowed is based on the state’s population - one per 4,500 people.

• Consumption of alcohol may only take place on the licensed premises at or near the customer’s table.
• A customer may only have one alcoholic drink at a time.
• Servers of alcoholic beverages are required to:

o        Be at least 21 years of age.

o        Complete the Utah Alcohol Training and Education Seminar.

o        Wear a name badge that lists their first name, initials or employee number.

o        Not consume or be under the influence of any alcohol while on duty.

o        Deliver all alcoholic drinks directly to the customer.

o        Keep a written tab of all beverages per table or group that orders and/or consumes alcohol on the licensed premises.

• Alcohol may not be removed from the licensed establishment.

• Stored alcohol may not be visible to the customers within the restaurant. Nor may it be served or consumed from the area where the alcohol is either stored or dispensed.

• Customers are only allowed to purchase alcohol with a food order. The food order must be for food that is prepared, sold and served on the licensed premises.
• A restaurant must have at least 70% of its revenue come from the sale of food.
• Wine and mixed drinks may not be discounted at any time.
• A reasonable amount may be charged to customers for wine services, set-ups and mixers.
• Customers may not store alcohol on the premises or bring alcohol onto the premises, except for when the licensee allows the customer to bring their own cork-finished wine. Any wine brought in by the customer must be given to a server or another employee for wine service.
• Gambling is prohibited.
• Advertising requirements and limitations:

o        Beer may be advertised on food menus and menu boards.

o        Light (3.2%) beer may be advertised on food menus.

o        Wine and liquor may not be advertised on food menus but mention may be made of a separate menu specifically for wine and liquor. Such a menu may be given to a customer upon request only.

• Hours of operation for liquor sales and service are from noon to midnight. On any federal or state election days, alcohol may not be sold until after the polls close. Local ordinances may restrict alcohol sales during local, special district or school elections.
• Hours of operation for beer sales and service (for on-premise beer licenses) are from 10am to 1am.

• Hours set for consumption are regulated by local ordinances and may vary from legal selling hours.
• Restaurants are required to sell and serve alcohol in the following way:
  • Wine sales: Wine may be sold by the bottle (bottle may not exceed 750 ml) or by the glass (may not contain more than 5 ounces). When sold by the glass, it does not matter what size the bottle of wine was poured from. Dispensing devices are not required for wine.
  • Liquor sales: The main alcohol in a mixed drink must be dispensed in 1-ounce quantities by a calibrated, metered and liquor board approved dispensing device or system. The size of the bottle that the alcohol is dispensed from is not regulated.
  • Heavy beer sales: The original containers may be used to serve heavy beer so long as the container does not exceed 1 liter.
  • Light beer (3.2 %) sales: Light beer may be served on draft or in any container that is smaller than 2 liters. For beer sold on draft, all operational restrictions for on-premise beer licenses must be followed.

Private Club licensees have additional requirements under their alcohol license:

• Generally, private clubs are non-profit corporations.
• The total number of private club liquor licenses allowed is based on the state’s population - one per 7,000 people.

• Consumption, storage, sale and service of alcohol must take place on the licensed premises. An exception is light (3.2%) beer which may be sold in sealed “to go” containers.
• The articles of incorporation or the bylaws of the private club determine membership qualifications, requirements and rules:

o        The law sets the minimum dues at $1.00 per month.

o        Minors under the age of 21 may enter the club (unless specifically prohibited by the club) but are not allowed to purchase, consume or possess any alcohol.

o        Potential members must be approved for membership by the governing board of the club and must wait 7 days from the date of their membership application.

o        Members may sponsor visitors and host as many guests as they want. Guests may only use the club facilities when accompanied by the member who hosted them.

o        A visitor who has been sponsored by a member may purchase a visitor card for a minimum of $5.00. A visitor card would grant temporary membership to the club and allow access and use of the facilities for a period of two weeks. The temporary member may host up to five guests. Those guests may use the facilities of the club only when accompanied by the temporary member.

• Wine and mixed drinks may not be discounted at any time.
• A reasonable amount may be charged to customers for wine services, set-ups and mixers as determined by the club’s rules.
• A private club must offer a variety of food options to its members.
• All employees of the club who handle alcoholic beverages are required to:

o        Be at least 21 years of age.

o        Wear a name badge that lists their first name, initials or employee number.

o        Not consume or be under the influence of any alcohol while on duty.

• Members may not store alcohol on the premises or bring alcohol onto the premises, except for when the licensee allows the customer to bring their own cork-finished wine. Any wine brought in by the member must be given to a server or another employee for wine service.
• Gambling is prohibited.

• Hours of operation for liquor sales and service are from 10am to 1am. On Sundays and holidays, the hours are from noon to midnight. On any federal or state election days, alcohol may not be sold until after the polls close. Local ordinances may restrict alcohol sales during local, special district or school elections.
• Hours of operation for beer sales and service (for on-premise beer licenses) are from 10am to 1am.

• Hours set for consumption are regulated by local ordinances and may vary from legal selling hours.
• Private clubs are required to sell and serve alcohol in the following way:
  • Wine sales: Wine may be sold by the bottle (bottle may not exceed 750 ml) or by the glass (may not contain more than 5 ounces). When sold by the glass, it does not matter what size the bottle of wine was poured from. Dispensing devices are not required for wine.
  • Liquor sales: The main alcohol in a mixed drink must be dispensed in 1-ounce quantities by a calibrated, metered and liquor board approved dispensing device or system. The size of the bottle that the alcohol is dispensed from is not regulated.  Only one ounce may be served to a person at one time.
  • Heavy beer sales: The original containers may be used to serve heavy beer so long as the container does not exceed 1 liter.
  • Light beer (3.2 %) sales: Light beer may be served on draft or in any container that is smaller than 2 liters. For beer sold on draft, all operational restrictions for on-premise beer licenses must be followed.  Private clubs are also allowed to sell light beer “to go” in sealed containers.

Statistics on Alcohol for the State of Utah

 In Utah, it has been reported that:

• On an average weekend night before 2am, as many as 1 out of ten drivers has a BAC of .08 or higher.
• On an average weekend night between 2am and 6am, that number jumps up to one out of four drivers.
• As many as 51.8% of the people who receive their first DUI admit they had been consuming alcohol in a licensed establishment.
•  As many as 70% admit they became drunk by consuming beer.

Identification

Acceptable forms of identification in Utah:

• Drivers License (50 states)
• ID Card (Utah only)
• Military ID
• Passport

Under Utah’s laws:

• It is suggested that everyone under the age of 26 should be carded as a precaution against serving a minor.
• It is the server’s personal responsibility to make sure that they have carefully examined a person’s ID (that contains a photo) before serving or selling alcohol to that person. A server should consult with management or use an ID Checking Guide if the ID is questionable.
• The server has the right to refuse service to anyone they believe to be under the age of 21.

Utah’s Laws Regarding Age

Utah’s laws regarding age:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell alcohol to a minor and doing so can result in criminal action against the server and/or the establishment.

Dram Shop Law and Third Party Liability for the State of Utah

In Utah:

• Third party liability: A server could be held accountable for serving, giving or providing alcohol to a customer to the point of intoxication or allowing a customer to consume alcohol to the point of intoxication who then causes injuries to another person, to himself or herself or to property or means of support. The server could be held liable to a third person or to the spouse, child or parent of that third person. 
• Dram shop laws: A licensee could be held accountable for serving, giving or providing alcohol to a customer to the point of intoxication or allowing a customer to consume alcohol to the point of intoxication who then causes injuries to another person, to himself or herself or to property or means of support. The server could be held liable to a third person or to the spouse, child or parent of that third person. The licensee (as the employer) is held accountable for the actions of any employee who violates the provisions set forth in the dram shop laws.

Please note that in Utah - If an individual having rights or liabilities under dram shop law passes away, the rights or liabilities survive to or against the estate of that individual.

The server and/or the licensee may be held liable for serving the following individuals or allowing the following individuals to consume alcohol:

·         A minor – under 21 years of age.

·         A person who is under the influence of alcohol or another substance.

·         A person who is a known interdicted individual (someone who is legally not capable of caring for themselves or their own affairs).

Dram shop liability insurance:

• Licensees must carry dram shop insurance, which provides coverage should a judgment be brought against the licensee for monetary damages. Licensees who are classified as on-premise beer retailers with beer sales of $5,000.00 or less are excluded from this requirement.

Permits Issued in the State of Utah

Single Event Permits allow for the legal sale, service, storage and consumption of alcohol at community and civic events and conventions. The commission must approve the alcohol prices charged at these events. Single Event Permits may be issued to:

·         Corporations.

·         Associations that are incorporated.

·         Churches.

·         Political organizations.

·         Recognized chapters, lodges or local units of one of the above entities.

Single Event Permits are required in the following situations:

·         The direct sale of alcohol will take place at the event such as cash bars where mixed drinks are prepared on site, sold and served to paying customers.

·         The indirect sale of alcohol will take place at the event. Customers will be required to either purchase a ticket or pay an entrance or a registration fee, which will include either free drinks or privileges at the bar.

Single Event Permits are not required for the following situation:

·         Alcohol will be given to invited guests by means of a bar that the organization hosts. No direct or indirect charges or costs associated with the alcohol may be charged to the invited guests or to any sponsors of the event.

 The basic requirements for Single Event Permits are:

·         The deadline for applications is the 10^th of each month.

·         The time period granted for the permit may not exceed 72 hours.

·         Metered dispensing systems are not required but all primary alcohol should be dispensed in 1-ounce quantities and wine should be dispensed in amounts not to exceed 5 ounces.

·         The organization wishing to obtain the permit has to be valid organization that has been operating for at least one year before requesting a permit.

·         The requesting organization may not be issued more than 2 permits in any calendar year.

·         The organization cannot be a holder of a liquor license or be connected with another entity that holds a liquor license.

·         A permit will not be granted to any entity whose liquor license or permit has been revoked within the last three years.

·         The organization must be granted approval at the local level of government.

·         The organization may not employ any minors to work with any alcohol at the event.

·         Minors may not try to obtain a permit.

Special Use Permits allow for the legal sale, purchase, storage, use, consumption or manufacture of alcohol products in limited types and quantities and for limited purposes. Special Use Permits may be issued accordingly:

·         Sacramental Wine Permit: Issued to religious organizations.

·         Healthcare Facility Use Permit: Issued to hospitals and healthcare facilities.

·         Public Service Permits: Issued to airlines, railroads and operators of other public conveyances.

·         Scientific or Educational Use Permits: Issued to those organizations or individuals who are engaged in scientific or educational pursuits.

·         Industrial or Manufacturing Use Permits: Issued to those organizations or individuals who are engaged in industrial or manufacturing pursuits.

Beer Regulation in the State of Utah

In Utah, beer sales are regulated at the local level of government by incorporated cities and towns or at the county level for unincorporated cities and towns.

·         Regulation of the retail sale of beer for off-premise consumption (by food and convenience stores) includes the authority to:

o        License

o        Tax

o        Regulate

o        Prohibit the sale of 

·         Regulation of the retail sale of beer for on-premise consumption includes the authority to:

o        License – issue, suspend or revoke

·         Any establishments that sell beer for on-premise consumption must obtain an on-premise beer retailer license from the commission if beer sales take place for a period of time exceeding 30 days.

·         Licenses obtained at the local level of government are subject to all operational regulations and restrictions that are set forth at the state level of government regarding the sale of beer for on-premise consumption.

The following are state regulations for off-premise beer retailers:

·         Beer may not be sold in any container that is larger than 2 liters.

·         Minors may not obtain a beer retailer license.

·         Minors may not sell beer unless under the direct supervision of another employee (on premises) who is 21 years of age or older.

·         Signage is required if malt beverages are sold that states that: “Many malt beverages contain alcohol. Please read the label."

Driving and Beverage Alcohol in the State of Utah

 Driving and Beverage Alcohol:

·         It is considered illegal to drive or be in physical control of an automobile with a BAC of 0.08 or higher. Additionally, the person driving or any passenger may not consume alcohol in a motor vehicle whether the vehicle is parked, stopped or is moving on any highway.

·         By operating a motor vehicle in the state of Utah, it is implied that a person consents to being tested for alcohol or drugs if arrested for a DUI. Such tests include:

o        Breath.

o        Urine.

o        Blood

·         Should a person refuse to submit to a chemical test, they may have their driver’s license revoked for a period of up to one year.

·         It is considered illegal to possess, keep, carry, transport or allow another individual to possess, keep, carry or transport any alcohol in the passenger compartment of a motor vehicle if the container of alcohol has been opened, partially consumed or its seal broken.

Please note that the above provisions do not apply to those individuals who are passengers of a limo or chartered bus service or to those passengers who occupy the living quarters of a motor home or camper.

Criminal Offenses in the State of Utah

Under Title 32A of the Utah Code – The Alcohol Beverage Control Act – the following acts are considered criminal offenses:

·         It is illegal and considered a Class A Misdemeanor to provide, sell or offer to provide or sell alcohol to a minor. (The negligent sale of alcohol to a minor is considered a Class B Misdemeanor.)

·         It is illegal to provide, sell or offer to provide or sell alcohol to an intoxicated individual.

·         It is illegal and considered a Class B Misdemeanor for a minor to purchase, possess or consume alcohol except when allowed under the Utah Code.

·         It is illegal and considered a Class B Misdemeanor for a person to misrepresent their age or for another person to misrepresent the age of a minor in an effort to purchase or obtain alcohol.

·         It is illegal and considered an infraction for the owner or operator of a limo or chartered bus to allow a minor to consume alcohol while in the limo or bus.

·         It is illegal to provide, sell, purchase, possess or offer beer for off-premise consumption in containers that are larger than 2 liters.

·         It is illegal to possess any alcohol that was not purchased in the state of Utah. Some exceptions are:

o        An individual, who has gone through U.S. customs, may possess a maximum of 1 liter of alcohol that was purchased outside the U.S. for their own personal consumption.

o        An individual moving their residence into the state of Utah may bring their alcohol with them if it is for their own personal consumption and if they obtain the proper approval ahead of time from the department. The individual must pay the appropriate administrative fees and have the official state label affixed to all bottles. (This exception may only be sought one time.)  

• It is illegal to possess any alcohol that is not in its original container.
• It is illegal to possess any alcohol that does not have the official commission label on it.

·         It is illegal to bring alcohol for on-premise consumption onto the premises of any licensee, unlicensed restaurant, airport lounge, private club on-premise beer retailer licensee or any other establishment that is open to the general public. Some exceptions are:

o        If allowed by the restaurant licensee or the private club licensee, an individual may bring cork-finished wine onto the premises for consumption.

o        An individual may bring and consume alcohol in a limo if the driver of the limo is separated from the passengers by a partition or other approved means. Additionally, travel must begin and end at the individual’s home, hotel or temporary domicile.

o        An individual may bring and consume alcohol in a chartered bus if travel begins and ends at the individual’s home, hotel or temporary domicile. Additionally, the bus must have a non-drinking designee (who is not the bus driver) to monitor the consumption of the passengers. If passengers will be dropped of at a location where they will then drive themselves, then consumption may only occur on the traveling to a destination leg of the trip and may not occur on the traveling back part of the trip.  

• It is illegal to consume alcohol in a public park, building or stadium.
• It is illegal to possess or use firearms for hunting wildlife if under the influence of alcohol or drugs.
• It is illegal to operate any recreational vehicle if under the influence of alcohol or drugs. Examples of recreational vehicles include:

o        Snowmobiles.

o        Boats.

o        Vessels.

o        Water Skis.

o        Aquaplane.

• It is illegal for an individual to permit another person to become intoxicated or to allow an intoxicated person to consume alcohol on their own personal premises whether they own, rent or occupy the premises.

·         It is illegal for the owner or operator of a limo or chartered bus to allow a person to become intoxicated or to allow an intoxicated person to consume alcohol.

Private Hosted Events

Under Title 32A of the Utah Code, The Alcohol Beverage Control Act:

·         A person may bring onto any premises, have, and consume any beverage alcohol at a privately hosted event that is not open to the general public.

In the state of Utah, the following definition applies:

·         Private Hosted Event: a specified social, business, or recreational event for which an entire room, area, or hall has been leased or rented in advance by an identifiable group. The function must be limited in attendance to people who have been specifically designated to attend and the seating arrangements for the function, if any, are under control of the sponsor of the function. Privately hosted events or private social functions do not include events or functions to which the general public is invited, whether for an admission price or not.

Local Industry Representatives

In the state of Utah, the following definition applies:

·         Local Industry Representative: anyone who is compensated by any means for representing or selling the distilled spirits, wine, or heavy beer of a manufacturer, supplier, or importer.

Local Industry Representatives:

·         Are required to be licensed by the state of Utah.

·         May assist the Department of Alcoholic Beverage Control with the ordering, shipping and delivering of merchandise.

·         Are prohibited from providing:

o        Notification of new products.

o        Price quotes.

o        Listing and de-listing information.

o        Shelf management.

o        Sales analysis on products.

o        Educational seminars with the intent to acquire new listings. (May conduct or participate in educational seminars that deal with merchandising and product knowledge.)

·         Are prohibited from selling or shipping liquor, wine or heavy beer to any individual or entity in the state, except for military installations or the ABC.

·         Are prohibited from soliciting or canvassing for orders from any individual or retailer in the state.

·         Are allowed to provide licensed retailers (restaurants and private clubs), permittees (single event and special use) and package agents with informational material on their products.

·         Are allowed to provide private clubs, airport lounges, permittees (public service and single event) with advertising materials such as:

o        Posters – allowed in the inside of the premises only. May not be seen from outside.

o        Point-of-sale material – table tents, menu clip-on.

o        Specialty items – trays, coasters, mats, menu cards, meal checks, paper napkins, corkscrews, thermometers, clocks and calendars.

o        Glassware (with logos, etc.) if the glassware is sold at a price that is not less than the cost of the glass and if the price is collected within 30 days.

·         Are allowed to provide to private clubs, restaurants, airport lounges, permittees (public service and single event) with:

o        Trade literature.

o        Recipes.

o        Brochures.

o        Wine lists and wine menus.

o        Coil-cleaning services.

o        Beer tapping accessories.

o        Wine tapping accessories if the accessories are sold at a price that is not less than the cost of the accessories and if the price is collected within 30 days.

·         Are allowed to provide to private clubs, airport lounges, permittees (public service and single event) package agencies and the ABC with product displays such as:

o        Wine racks.

o        Bins.

o        Barrels.

o        Casks.

o        Shelving.

·         Are allowed to attend and participate in retailer association activities:

o        Rent display booth space but may only display their actual products at trade shows conducted by the ABC.

o        Pay for advertisements in convention or trade show programs and brochures.

o        Provide their own hospitality independent from association-sponsored activities.

·         Are allowed to contribute to charitable, civic, religious, fraternal, educational, or community activities but such contributions may not be given as a means to influence the decision as to which alcoholic products might be sold at these events and activities.

·         Are prohibited from giving away any alcohol products. Exception is made for serving alcohol at private social functions that they host at their home or elsewhere but they may not serve alcohol as product promotion or as a subterfuge to provide samples to others for product testing, analysis, or sampling purposes.

Industry Members and their Local Representatives are prohibited from:

·         Using billboards in the advertisement of liquor.

·         Engaging in any advertisement or promotional scheme that requires the purchase or sale of alcohol or consumption of alcohol in order to participate in a promotion, program, or other activity.

·         Paying, giving, or delivering money or other valuable object such as rebates, refunds, or prizes that are based on the purchase, display, use, sale, or consumption of beverage alcohol.

·         Sponsoring or underwriting an athletic, theatrical, scholastic, artistic, or scientific event that:

o        Displays drinking scenes.

o        Overtly promotes alcohol consumption.

o        Provides alcohol to the general public for no charge.

o        Is conducted on the premises of a school, college, university, or other educational institution.

·         Inducing a retailer to purchase their products from the department to the exclusion of products sold by competitors through the means of:

o        Commercial bribery to any officer, employee, or representative of the wholesaler or retailer.

o        Offering or giving a bonus, premium, compensation, or other valuable object to any officer, employee, or representative of the wholesaler or retailer.

Utah restricts the use of product samples:

·         Samples may be shipped to the ABC for tasting and analysis or for use at trade shows conducted by the department. Liquor, wine, and heavy beer licensees may attend trade shows in order to sample and test the products to determine which ones they will carry at their establishments.

·         Local Industry Representatives may participate in the tasting and analysis of samples at the ABC but only under controlled conditions.

Addendum: Utah’s Dram Shop Law

32A-14a-101. Definitions.

As used in this chapter:

(1) "Death of a third person" includes recovery for all damages, special and general, resulting from such death, except punitive damages.

(2)           (a) "Injury" includes injury in person, property, or means of support.

(b) "Injury" also includes recovery for intangibles such as mental and emotional injuries, loss of affection, and companionship.

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 January 1, 1998, is limited to $500,000 and the aggregate amount which may be awarded to all persons injured as a result of one occurrence is limited to $1,000,000.

(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-103. Employee protected in exercising judgment.

(1) An employer may not sanction or terminate the employment of an employee of a restaurant, airport lounge, private club, on-premise beer retailer, or any other establishment serving alcoholic beverages as a result of the employee having exercised the employee’s independent judgment to refuse to sell alcoholic beverages to any person the employee considers to meet one or more of the conditions described in Subsection 32A-14a-102(1).

(2) Any employer who terminates an employee or imposes sanctions on the employee contrary to this section is considered to have discriminated against that employee and is subject to the conditions and penalties set forth in Title

34A, Chapter 5, Utah Antidiscrimination Act.

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-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.