ARTICLE III. - OFFENSES REGARDING ALCOHOLIC BEVERAGES

Part of the Code of Ordinances of Minersville, UT.

Local law · Updated February 6, 2023 · 1,345 sections

The text

Sec. 14-50. - Public intoxication prohibited.#

(a)

It is a Class C misdemeanor for any person to be under the influence of an intoxicating liquor, a controlled substance or of any substance having the property of releasing toxic vapors, to a degree that the person may endanger himself or another in a public place or in a private place where he unreasonably disturbs another person.

(b)

A peace officer or magistrate may release from custody an individual arrested under this section if he believes imprisonment is unnecessary for the protection of the individual or another.

(Code 1981, § 13-321)

State Law reference— Similar provisions, U.C.A. 1953, § 76-9-701.

Sec. 14-51. - Illegal sale, manufacturing, storage of intoxicating liquor.#

It shall be unlawful for any person except as permitted by state law, and the ordinances of the town to knowingly have in his possession any intoxicating liquor or to manufacture, keep, sell, or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense, or serve intoxicating liquor.

(Code 1981, § 13-322)

Sec. 14-52. - Possession of liquor.#

It shall be unlawful except as permitted by state law and the ordinances of the town for any person to have or keep for sale or possession any liquor which has not been purchased from the state liquor store or package agency.

(Code 1981, § 13-323)

Sec. 14-53. - Unlawful sale, offer for sale, or furnishing to person who is intoxicated.#

(a)

A person may not sell, offer for sale, or furnish an alcoholic product directly to:

(1)

A person who is actually or apparently intoxicated; or

(2)

A person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.

(b)

A person who negligently or recklessly violates subsection (a) of this section is guilty of a Class B misdemeanor. As used in this subsection, the term "negligently" means with simple negligence

(Code 1981, § 13-324)

State Law reference— Similar provisions, U.C.A. 1953, § 32B-4-404.

Sec. 14-54. - Sale, offer for sale, or furnishing alcoholic products to a minor.#

(a)

A person may not sell, offer for sale, or furnish an alcoholic product to a minor.

(b)

Except as provided in subsection (c) of this section, a person is guilty of a Class B misdemeanor if the person who violates subsection (a) of this section negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor. As used in this subsection, the term "negligently" means with simple negligence.

(c)

This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this article if the furnishing is:

(1)

For medicinal purposes by:

The parent or guardian of the minor; or

The health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription; or

(2)

Part of a religious organization's religious services.

(Code 1981, § 13-325)

State Law reference— Similar provisions, U.C.A. 1953, § 32B-4-403.

Sec. 14-55. - Unlawful purchase, possession, consumption of alcoholic beverages by a minor.#

(a)

Unless specifically authorized by this article, it is unlawful for a minor to:

(1)

Purchase an alcoholic product;

(2)

Attempt to purchase an alcoholic product;

(3)

Solicit another person to purchase an alcoholic product;

(4)

Possess an alcoholic product;

(5)

Consume an alcoholic product; or

(6)

Have measurable blood, breath, or urine alcohol concentration in the minor's body.

(b)

It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic product for a minor for:

(1)

A minor to misrepresent the minor's age; or

(2)

Any other person to misrepresent the age of a minor.

(c)

It is unlawful for a minor to possess or consume an alcoholic product while riding in a limousine or chartered bus.

(d)

If a minor is found by a court to have violated this section and the violation is the minor's first violation of this section, the court may:

(1)

Order the minor to complete a screening as defined in U.C.A. 1953, § 41-6a-501;

(2)

Order the minor to complete an assessment as defined in U.C.A. 1953, § 41-6a-501 if the screening indicates an assessment to be appropriate; and

(3)

Order the minor to complete an educational series as defined in U.C.A. 1953, § 41-6a-501 or substance use disorder treatment as indicated by an assessment.

(e)

If a minor is found by a court to have violated this section and the violation is the minor's second or subsequent violation of this section, the court shall:

(1)

Order the minor to complete a screening as defined in U.C.A. 1953, § 41-6a-501;

(2)

Order the minor to complete an assessment as defined in U.C.A. 1953, § 41-6a-501 if the screening indicates an assessment to be appropriate; and

(3)

Order the minor to complete an educational series as defined in U.C.A. 1953, § 41-6a-501 or substance use disorder treatment as indicated by an assessment.

(f)

(1)

When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, except as provided in U.C.A. 1953, § 32B-4-411, the court hearing the case shall suspend the minor's driving privileges under U.C.A. 1953, § 53-3-219.

(2)

Notwithstanding the provision in subsection (f)(1) of this section, the court may reduce the suspension period required under U.C.A. 1953, § 53-3-219 if:

The violation is the minor's first violation of this section; and

The minor completes an educational series as defined in U.C.A. 1953, § 41-6a-501; or

The minor demonstrates substantial progress in substance use disorder treatment.

(3)

Notwithstanding the requirement in subsection (f)(1) of this section and in accordance with the requirements of U.C.A. 1953, § 53-3-219, the court may reduce the suspension period required under U.C.A. 1953, § 53-3-219 if:

The violation is the minor's second or subsequent violation of this section;

The minor has completed an educational series as defined in U.C.A. 1953, § 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and

The person is 18 years old or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under subsection (f)(1) of this section; or

The person is under 18 years old and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under subsection (f)(1) of this section.

(g)

When a minor who is younger than 18 years old is found by the court to have violated this section, U.C.A. 1953, § 80-6-707 applies to the violation.

(h)

Notwithstanding subsections (f)(1) and(2) of this section, if a minor is adjudicated under U.C.A. 1953, § 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention on the basis of the results of a validated assessment.

(i)

When a court issues an order suspending a person's driving privileges for a violation of this section, the state driver license division shall suspend the person's license under U.C.A. 1953, § 53-3-219.

(j)

When the department of public safety receives the arrest or conviction record of a person for a driving offense committed while the person's license is suspended pursuant to this section, the department of public safety shall extend the suspension for an additional like period of time.

(k)

This section does not apply to a minor's consumption of an alcoholic product in accordance with this article if the minor's consumption is:

(1)

For medicinal purposes if:

The minor is at least 18 years old; or

The alcoholic product is furnished by the parent or guardian of the minor or the minor's health care practitioner, if the health care practitioner is authorized by law to write a prescription.

(2)

As part of a religious organization's religious services.

State Law reference— Similar provisions, U.C.A. 1953, § 32B-4-409.

Sec. 14-56. - Canvassing or soliciting.#

It shall be unlawful for any person to canvass or solicit for alcoholic beverages by mail, telephone, or other manner, and the person is hereby prohibited from engaging in such activities, except to the extent that such prohibition may be in conflict with the laws of the United States or the state.

(Code 1981, § 13-326)

Sec. 14-57. - Solicitation of drinks.#

No person shall frequent or loiter in any tavern, cabaret, or night club, with the purpose of soliciting the purchase of alcoholic drinks. No proprietor or operator of any such establishment shall allow the presence in such establishment of any who violates the provisions of this section.

(Code 1981, § 13-327)

Sec. 14-58. - Intoxication; release of arrested person.#

(a)

A person is guilty of intoxication if he 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 he unreasonably disturbs other persons.

(b)

A peace officer or a magistrate may release from custody an individual arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for the protection of the individual or another.

(c)

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.

(d)

If a minor is found by a court to have violated this section and the violation is the minor's first violation of this section, the court may:

(1)

Order the minor to complete a screening, as defined in U.C.A. 1953, § 41-6a-501;

(2)

Order the minor to complete an assessment, as defined in U.C.A. 1953, § 41-6a-501, if the screening indicates an assessment to be appropriate; and

(3)

Order the minor to complete an educational series, as defined in U.C.A. 1953, § 41-6a-501, or substance use disorder treatment as indicated by an assessment.

(e)

If a minor is found by a court to have violated this section and the violation is the minor's second or subsequent violation of this section, the court shall:

(1)

Order the minor to complete a screening, as defined in U.C.A. 1953, § 41-6a-501;

(2)

Order the minor to complete an assessment, as defined in U.C.A. 1953, § 41-6a-501, if the screening indicates an assessment to be appropriate; and

(3)

Order the minor to complete an educational series, as defined in U.C.A. 1953, § 41-6a-501, or substance use disorder treatment as indicated by an assessment.

(f)

(1)

When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, the court hearing the case shall suspend the minor's driving privileges under U.C.A. 1953, § 53-3-219.

(2)

Notwithstanding the requirement in subsection (f)(1) of this section, the court may reduce the suspension period required under U.C.A. 1953, § 53-3-219 if:

The violation is the minor's first violation of this section; and

The minor completes an educational series, as defined in U.C.A. 1953, § 41-6a-501; or

The minor demonstrates substantial progress in substance use disorder treatment.

(3)

The violation is the minor's second or subsequent violation of this section;

The minor has completed an educational series, as defined in U.C.A. 1953, § 41-6a-501, or demonstrated substantial progress in substance use disorder treatment; and

(g)

When a person who is younger than 18 years old is found by a court to have violated this section, the provisions regarding suspension of the driver's license under U.C.A. 1953, § 80-6-707 apply to the violation.

(h)

Notwithstanding subsections (d) and (e) of this section, if a minor is adjudicated under U.C.A. 1953, § 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment.

(i)

When the court issues an order suspending a person's driving privileges for a violation of this section, the person's driver license shall be suspended under U.C.A. 1953, § 53-3-219.

(j)

An offense under this section is a Class C misdemeanor.

(Code 1981, § 13-971)