Alcoholic beverage control act law 1140

Question 1

ALCOHOL DEFINED LAW. 1 1 4 0 . 1 0 1

The cadet will define the following terms as found in Utah Code 32B-1-102:

Answer 1

1

Question 2

♦ Alcoholic beverage

Answer 2

• Beer or Liquor

Question 3

♦ Alcoholic product

Answer 3

• A product that contains at least .5% of alcohol by volume and is obtained
by fermentation, infusion, decoction, brewing, distillation, or other process
that uses liquid or combinations of liquids, whether drinkable or not, to
create alcohol in an amount equal to or greater than .5% of alcohol by
volume

Question 4

♦ Bar

Answer 4

• A surface or structure at which an alcoholic product is stored or dispensed;
or
• From which an alcoholic product is served

Question 5

♦ Beer

Answer 5

• a product that contains at least .5% of alcohol by volume, but not more
than 4% of alcohol by volume or 3.2% by weight; and is obtained by fermentation, infusion, or decoction of malted grain.
 “Beer” may or may not contain hops or other vegetable products

Question 6

♦ Beer

Answer 6

• "Beer" includes a product that contains alcohol in the percentages
described above and is referred to as:
 beer
 ale
 porter
 stout
 lager
 a malt or malted beverage
• "Beer" does not include a flavored malt beverage

Question 7

♦ Flavored malt beverage

Answer 7

• A beverage that contains at least .5% alcohol by volume that is treated by
processing, filtration, or another method of manufacture that is not
generally recognized as a traditional process in the production of a beer; to
which is added a flavor or other ingredient containing alcohol, except for a
hop extract; and for which the producer is required to file a formula for
approval with the federal Alcohol and Tobacco Tax and Trade Bureau
• “Flavored malt beverage” is considered liquor for purposes of this title.

Question 8

♦ Furnish

Answer 8

• To serve, deliver or otherwise make available

Question 9

♦ Interdicted person

Answer 9

• A person to whom the sale, offer for sale, or furnishing of an alcoholic
product is prohibited by law or court order

Question 10

♦ Intoxicated

Answer 10

• Means that a person is significantly impaired as to the person’s mental or
physical functions as a result of the use of an alcoholic product, a
controlled substance, a substance having the property of releasing toxic
vapors or a combination of the above and who exhibits plain and easily
observed outward manifestations of behavior or physical signs produced
by the over consumption of an alcoholic product

Question 11

♦ Liquor

Answer 11

• A liquid that is:
 Alcohol
 An alcoholic, spirituous, vinous, fermented, malt, or other liquid
 A combination of liquids a part of which is spirituous, vinous, or fermented
 Other drink or drinkable liquid; and
• contains at least .5% alcohol by volume; and is suitable to use for beverage purposes
• “Liquor” includes:
 Heavy beer
 Wine
 A flavored malt beverage
• “Liquor” does not include beer

Question 12

♦ Minor

Answer 12

• An individual under the age of 21 years

Question 13

♦ Proof of age

Answer 13

• Identification card
• An identification that is substantially similar to an identification card issued in accordance with the laws of a state other than Utah which
includes date of birth and a picture
• A valid driver license certificate that includes date of birth, a picture, and is issued under Title 53, Chapter 3, Uniform Driver License Act or in accordance with the laws of the state in which it is issued
• A military identification card that includes date of birth and a picture;
or
• A valid passport
• “Proof of age” does not include a driving privilege card issued in accordance with Section 53-3-207

Question 14

♦ Spirituous liquor

Answer 14

• Liquor that is distilled
• “Spirituous liquor” includes an alcoholic product defined as a “distilled
spirit” by 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.

Question 15

♦ Wine

Answer 15

• “Wine” is considered liquor for purposes of Utah Code 32B-1, except as
otherwise provided in Utah Code 32B-1

Question 16

CRIMINAL RESPONS IBI LI TY FOR CONDUCT OF ANOTHER LAW. 1 1 4 0 . 1 0 2
The cadet will list and define the elements of Criminal Responsibility for Conduct of
Another as listed in 32B-4-302

Answer 16

♦ In addition to Title 76, Chapter 2, Part 2, Criminal Responsibility for Conduct
of Another, the following principles apply to a violation of this title:
(1)(a) If a violation of this title is committed by a person in the employ

Question 17

♦ In addition to Title 76, Chapter 2, Part 2, Criminal Responsibility for Conduct
of Another, the following principles apply to a violation of this title:
(1)(a) If a violation of this title is committed by a person in the employ

Answer 17

(1)(a) If a violation of this title is committed by a person in the employ of
the occupant of premises in which the offense is committed, or by a person
who is required by the occupant to be or remain in or upon the premises,
or to act in any way for the occupant, notwithstanding the fact that the
offense is committed by a person who is not proved to have committed it
under or by the direction of the occupant, the occupant is:
(i) prima facie considered a party to the offense committed; and
(ii) liable as a principal offender.
(b) This section does not relieve the person actually committing the
offense from liability.
(2)(a) If a violation of this title is committed by a corporation, association,
partnership, or limited liability company, an officer or agent of the

Question 18

cont

Answer 18

corporation or association, a partner of the partnership, or a manager or
member of the limited liability company in charge of the premises in
which the offense is committed is:
(i) prima facie considered a party to the offense committed; and
(ii) personally liable to the penalties prescribed for the offense as a
principal offender.
(b) This section does not relieve the corporation, association,
partnership, or limited liability company, or the person who actually
committed the offense from liability.

Question 19

SALE, PURCHASE, POSSESSION, AND CONSUMPTION LAW. 1 1 4 0 . 1 0 3
The cadet will list and define the elements of the following sections of code.

Answer 19

♦ 32B-4-401 – Unlawful sale or furnishing
♦ 32B-4-403 – Unlawful sale, offer for sale, or furnishing to minor
♦ 32B-4-404 – Unlawful sale, offer for sale, or furnishing to intoxicated person
♦ 32B-4-405 – Unlawful sale, offer for sale, or furnishing to interdicted person
♦ 32B-4-406 – Unlawful sale, offer for sale, or furnishing of beer
♦ 32B-4-409 – Unlawful purchase, possession, consumption by minor –
Measurable amounts in body
♦ 32B-4-410 – Unlawful admittance or attempt to gain admittance by minor
♦ 32B-4-411 – Minor’s unlawful use of proof of age
♦ 32B-4-412 – Unlawful purchase by intoxicated person
♦ 32B-4-413 – Unlawful purchase by interdicted person
♦ 32B-4-414 – Unlawful possession – Exceptions
♦ 32B-4-415 – Unlawful bringing onto premises for consumption
♦ 32B-4-416 – Unlawful permitting of consumption by minor
♦ 32B-4-419 – Unlawful permitting of intoxication
♦ 32B-4-421 – Unlawful consumption in public place

Question 20

♦ 32B-4-401

Answer 20

Unlawful sale or furnishing

Question 21

♦ 32B-4-403

Answer 21

Unlawful sale, offer for sale, or furnishing to minor

Question 22

♦ 32B-4-404

Answer 22

Unlawful sale, offer for sale, or furnishing to intoxicated person

Question 23

♦ 32B-4-405

Answer 23

Unlawful sale, offer for sale, or furnishing to interdicted person

Question 24

♦ 32B-4-406

Answer 24

Unlawful sale, offer for sale, or furnishing of beer

Question 25

♦ 32B-4-409

Answer 25

Unlawful purchase, possession, consumption by minor –

Measurable amounts in body

Question 26

♦ 32B-4-410

Answer 26

Unlawful admittance or attempt to gain admittance by minor

Question 27

♦ 32B-4-411

Answer 27

Minor’s unlawful use of proof of age

Question 28

♦ 32B-4-412

Answer 28

Unlawful purchase by intoxicated person

Question 29

♦ 32B-4-413

Answer 29

Unlawful purchase by interdicted person

Question 30

♦ 32B-4-414

Answer 30

Unlawful possession – Exceptions

Question 31

♦ 32B-4-415

Answer 31

Unlawful bringing onto premises for consumption

Question 32

♦ 32B-4-416

Answer 32

Unlawful permitting of consumption by minor

Question 33

♦ 32B-4-419

Answer 33

Unlawful permitting of intoxication

Question 34

♦ 32B-4-421

Answer 34

Unlawful consumption in public place

Question 35

INTOXICATION PROVI SIONS LAW. 1 1 4 0 . 1 0 4
The cadet will list and define the elements of intoxication as contained in Utah Code
76-9-701.

Answer 35

1

Question 36

♦ 76-9-701 – Intoxication

Answer 36

(1) A person is guilty of intoxication if the person is under the influence of
alcohol, a controlled substance, or any substance having the property of
releasing toxic vapors, to a degree that the person may endanger the
person or another, in a public place or in a private place where the person
unreasonably disturbs other persons.
(2)(a) A peace officer or a magistrate may release from custody a person
arrested under this section if the peace officer or magistrate believes
imprisonment is unnecessary for the protection of the person or another.
(b) A peace officer may take the arrested person to a detoxification
center or other special facility as an alternative to incarceration or release
from custody