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State Profiles of Underage Drinking Laws

- Utah -

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 21 for both servers and bartenders
Wine: 21 for both servers and bartenders
Spirits: 21 for both servers and bartenders

Underage Drinking: Minimum Ages for Off-Premises Sellers

Beer: 21
Wine: 21
Spirits: 21

Notes:
Although employees must be at least 21 years of age to sell "liquor" at off-sale establishments in Utah, persons persons between 16 and 21 years of age may sell "beer" (defined as containing not more than 4% ABV or 3.2% ABW) on the premises of a beer retailer for off- premise consumption if under the supervision of a person 21 years of age or older who is on the premises.

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Retailers are permitted to seize apparently false IDs
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
  • Retailer has the statutory right to sue a minor who uses a false ID to purchase alcohol for any losses or fines suffered by the retailer as a result of the illegal sale
  • Retailer has the authority to detain a minor suspected of using a false ID in connection with the purchase of alcohol

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: Keg sales prohibited

Purchaser information collected:

Deposit required: $

Provisions do not specifically address disposable kegs

Notes:
Prior to October 1, 2011, Utah’s prohibition against sales of beer in containers larger than 2 liters was limited to beer containing not more than 4% ABV.

Underage Drinking: Use/Lose: Driving Privileges

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation: 365 days

Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties

Social host law is specifically limited to underage drinking parties.

Action by underage guest that triggers violation:

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Notes:
In Utah, an individual may not knowingly conduct, aid, or allow an "underage drinking gathering." An “underage drinking gathering” means a gathering of two or more individuals: (a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and (b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering. The definition does not otherwise specify a Property Type or an Action by Underage Guest.

National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy