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[Utah Code Table of Contents]
[TITLE 32a. Table of Contents]
32A-13-101 Utah Code of Criminal Procedure applicable.
Except as otherwise provided in this title, the procedure
in all criminal cases arising under this title shall be as
prescribed in Title 77, Utah Code of Criminal Procedure,
and any other rules adopted by the Utah Supreme Court.
1992
32A-13-102 Arrests.
Except as otherwise provided in this chapter, all arrests
of persons for any violation of this title shall be made
in accordance with Title 77, Chapter 7, Utah Code of Criminal
Procedure, and Rules 6 and 7, Utah Rules of Criminal Procedure.
All summons in lieu of warrants of arrest shall be in accordance
with Rule 6, Utah Rules of Criminal Procedure.
1990
32A-13-103 Searches, seizures, and forfeitures.
(1) The following are subject to forfeiture pursuant to the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act:
(a) all alcoholic products possessed, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in violation of this title or commission rules;
(b) all packages or property used or intended for use as a container for an alcoholic product in violation of this title or commission rules;
(c) all raw materials, products, and equipment used, or intended for use, in manufacturing, processing, adulterating, delivering, importing, or exporting any alcoholic product in violation of this title or commission rules;
(d) all implements, furniture, fixtures, or other personal property used or kept for any violation of this title or commission rules;
(e) all conveyances including aircraft, vehicles, or vessels used or intended for use, to transport or in any manner facilitate the transportation, sale, receipt, possession, or concealment of property described in Subsection (1)(a), (b), (c), or (d); and
(f) all books, records, receipts, ledgers, or other documents used or intended for use in violation of this title or commission rules.
(2) Any of the property subject to forfeiture under this title may be seized by any peace officer of this state or any other person authorized by law upon process issued by any court having jurisdiction over the property in accordance with the procedures provided in Title 77, Chapter 23, Part 2, Search Warrants. However, seizure without process may be made when:
(a) the seizure is incident to an arrest or search under a search warrant or an inspection under an administrative inspection warrant;
(b) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this title;
(c) the peace officer or other person authorized by law has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) the peace officer or other person authorized by law has probable cause to believe that the property is being or has been used, intended to be used, held, or kept in violation of this title or commission rules.
(3) If the property is seized pursuant to a search or administrative warrant, the peace officer or other person authorized by law shall make a proper receipt, return, and inventory and ensure the safekeeping of the property as required by Sections 77-23-206 through 77-23-208 . If the magistrate who issued the warrant is a justice court judge, upon the filing of the return the jurisdiction of the justice court shall cease and the magistrate shall certify the record and all files without delay to the district court of the county in which the property was located. From the time of this filing, the district court has jurisdiction of the case.
(4) In the event of seizure of property without process, the peace officer or other person authorized by law shall make a return of his acts without delay directly to the district court of the county in which the property was located, and the district court shall have jurisdiction of the case. The return shall describe all property seized, the place where it was seized, and any persons in apparent possession of the property. The officer or other person shall also promptly deliver a written inventory of anything seized to any person in apparent authority at the premises where the seizure was made, or post it in a conspicuous place at the premises. The inventory shall state the place where the property is being held.
(5) Property taken or detained under this section is not repleviable but is considered in custody of the law enforcement agency making the seizure subject only to the orders of the court or the official having jurisdiction. When property is seized under this title, the appropriate person or agency may:
(a) place the property under seal;
(b) remove the property to a place designated by it or the warrant under which it was seized; or
(c) take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(6) When any property is subject to forfeiture under this section, proceedings shall be instituted in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(7) When any property is ordered forfeited under Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, by a finding of the court that no person is entitled to recover the property, the property, if an alcoholic product or a package used as a container for an alcoholic product, shall be disposed of as follows:
(a) If the alcoholic product is unadulterated, pure, and free from crude, unrectified, or impure form of ethylic alcohol, or any other deleterious substance or liquid, and is otherwise in saleable condition, sold in accordance with Section 24-1-16 .
(b) If the alcoholic product is impure, adulterated, or
otherwise unfit for sale, it and its package or container
shall be destroyed by the department under competent supervision.
2002
32A-13-104 Prosecutions.
(1) All prosecutions for violations of this title or commission rules shall be in the name of the state of Utah. A criminal action for violation of any county or municipal ordinance enacted in furtherance of this title shall be in the name of the governmental entity involved.
(2) (a) Prosecution for violation of any provision of this title or commission rule shall be brought by the county attorney of the county or district attorney of the prosecution district where the violation occurs. If any county attorney or district attorney fails to initiate or diligently pursue any prosecution authorized and warranted under this title, the attorney general shall exercise supervisory authority over the county attorney or district attorney to ensure prosecution is initiated and diligently pursued.
(b) If a violation occurs within a city or town, prosecution may be brought by either the county, district, or city attorney, notwithstanding any provision of law limiting the powers of city attorneys.
(c) Local city and town prosecutors also have the responsibility of initiating and diligently pursuing prosecutions for violations of any local ordinances enacted in furtherance of this title or commission rules.
(3) Prosecutions for violations of this title or commission rules shall be commenced by the return of an indictment or the filing of an information with the district court of the county in which the offense occurred or where the premises are located upon which any alcoholic product was seized, if the offense involves an alcoholic product. All other offenses prescribed by this title shall be filed before any court having jurisdiction of the offense committed.
(4) Unless otherwise provided by law, no information may be filed charging the commission of any felony or class A misdemeanor under this title unless authorized by a prosecuting attorney. This restriction does not apply in cases where the magistrate has reasonable cause to believe that the person to be charged may avoid apprehension or escape before approval can be obtained.
(5) In describing an offense respecting the sale, keeping for sale, or other disposal of alcoholic products, or the having, keeping, giving, purchasing, or the consumption of alcoholic products in any information, indictment, summons, judgment, warrant, or proceeding under this title, it is sufficient to state the sale, keeping for sale, or disposal, having, keeping, giving, purchasing, or consumption of the alcoholic product without stating the name or kind of the alcoholic product or the price of the alcoholic product, or any person to whom it was sold or disposed of, or by whom it was taken or consumed, or from whom it was purchased or received. It is not necessary to state the quantity of alcoholic beverage so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offenses where the quantity is essential, and then it is sufficient to allege the sale or disposal of more or less than the quantity.
(6) If an offense is committed under a local ordinance
enacted to carry out this title, it is sufficient if the
charging document refers to the chapter and section of the
ordinance under which the offense is committed.
1993
32A-13-105 Fines and forfeitures.
Except where otherwise provided, all fines and forfeitures
levied under this title shall be paid to the county treasurer
of the county in which the prosecution occurred.
1990
32A-13-106 Nuisances.
(1) Any room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance, where alcoholic products are possessed, kept, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in violation of this title or commission rules, and all alcoholic products, packages, equipment, or other property kept or used in maintaining the same, are common nuisances. Any person who maintains or assists in maintaining any common nuisance is guilty of a class B misdemeanor.
(2) If any person has knowledge, or has reason to believe that the person's room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance is occupied or used in violation of this title or commission rules as described in this section, or allows it to be so occupied or used, it is subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of the nuisance. This lien may be enforced by action in any court having jurisdiction.
(3) Any action to abate any nuisance defined in this title shall be brought in the name of the department in any court having jurisdiction. It shall be tried as an action in equity. No bond is required to initiate proceedings.
(4) The court may issue a temporary writ of injunction, if it appears that the nuisance exists, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. The court may also issue an order restraining the defendant and all other persons from removing or interfering with the alcoholic products, packages, equipment, or other property kept or used in violation of this title or commission rules.
(5) (a) In any action to abate or enjoin any nuisance, the court need not find that the property involved was being unlawfully used at the time of the hearing.
(b) On finding that the material allegations of the petition or complaint are true, the court shall order that no alcoholic product may be possessed, kept, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in the room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance or in any part of these.
(c) Upon judgment of the court ordering abatement of the nuisance, the court may order that the premises or conveyance in question may not be occupied or used for any purpose for one year.
(d) The court may permit the premises or conveyance to be occupied or used if its owner, lessee, tenant, or occupant gives bond in an appropriate amount with sufficient surety, approved by the court, payable to the state of Utah, and on the conditions that alcoholic products will not be present therein or thereon, and that payment of all fines, costs, and damages that may be assessed for any violation of this title or commission rules upon the property will be made.
(6) If a tenant of any premises uses the premises or any part of them in maintaining a common nuisance as defined in this section, or knowingly permits use by another, the lease is rendered void and the right to possession reverts to the owner or lessor who is entitled to the remedy provided by law for forcible detention of the premises.
(7) Any person who knowingly permits any building or premises
owned or leased by the person, or under the person's control,
or any part of any building or premises, to be used in maintaining
a common nuisance as defined in this section, or who, after
being notified in writing by a prosecuting officer or any
citizen of the unlawful use, and who fails to take all proper
measures, either to abate the nuisance or to remove the person
or persons from the premises, is guilty of assisting in the
maintaining of the nuisance as provided in Section
76-10-804
.
1991
32A-13-107 Right of appeal.
In all cases arising under this title, the commission
or the state has the right of appeal as to questions of law.
1990
32A-13-108 Duties to enforce this title.
(1) It is the duty of the governor, the commissioners, the director and all officials, inspectors, and employees of the department, all prosecuting officials of the state and its political subdivisions and of counties, cities, and towns, all peace officers, sheriffs, deputy sheriffs, constables, marshals, law enforcement officials, state health officials, and all clerks of the courts to diligently enforce this title in their respective capacities.
(2) Immediately upon conviction of any person for violation
of this title or commission rules, or for violation of any
local ordinance relating to alcoholic products, it is the
duty of the clerk of the court to notify the department of
the conviction in writing on forms supplied by the department.
1990
32A-13-109 Authority to inspect.
(1) For purposes of enforcing this title and commission rules, all members of the commission, authorized representatives of the commission or department, or any law enforcement or peace officer shall be accorded access, ingress, and egress to and from all premises or conveyances used in the manufacture, storage, transportation, service, or sale of any alcoholic product. They also may open any package containing, or supposed to contain, any article manufactured, sold, or exposed for sale, or held in possession with intent to sell in violation of this title or commission rules, and may inspect its contents and take samples of the contents for analysis.
(2) All dealers, clerks, bookkeepers, express agents,
railroad and airline officials, common and other carriers,
and their employees shall assist, when so requested by any
authorized person specified in Subsection (1), in tracing,
finding, or discovering the presence of any article prohibited
by this title or commission rules to the extent assistance
would not infringe upon the person's federal and state constitutional
rights.
2000
