Chapter 9.15
INTOXICANTS AND LIQUOR
Sections:
9.15.010 Public intoxication prohibited.
9.15.020 Illegal sale, manufacturing, storage of intoxicating liquor.
9.15.030 Possession of liquor.
9.15.040 Liquor to drunken person.
9.15.050 Alcoholic beverages and minors.
9.15.060 Canvassing or soliciting.
9.15.070 Solicitation of drinks.
9.15.080 Intoxication – Release of arrested person.
9.15.090 Abuse of psychotoxic chemical solvents.
9.15.100 Possession, consumption or purchase by interdicted persons.
9.15.010 Public intoxication prohibited.
(1) It is a class C misdemeanor for any person to be under the influence of any 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.
(2) 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. [Ord. 87-34 § 13-03-001, 1987.]
9.15.020 Illegal sale, manufacturing, storage of intoxicating liquor.
It shall be unlawful for any person, except as permitted by state law and this code, 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. [Ord. 87-34 § 13-03-002, 1987.]
9.15.030 Possession of liquor.
It shall be unlawful, except as permitted by state law and this code, 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. [Ord. 87-34 § 13-03-003, 1987.]
9.15.040 Liquor to drunken person.
It shall be unlawful for any person to sell or supply any alcoholic beverage or to permit alcoholic beverages to be sold or supplied to any person who is apparently under the influence of liquor. [Ord. 87-34 § 13-03-004, 1987.]
9.15.050 Alcoholic beverages and minors.
(1) It shall be unlawful for alcoholic beverages to be given, sold, or otherwise supplied to any person under the age of 21 years, but this shall not apply to supplying liquor to such persons for medical purposes only by the parent or guardian of such person or to the administering of liquor to such person by a physician in accordance with the provisions of this section.
(2) It shall be unlawful for any person under the age of 21 years to have possession of beer or any intoxicating liquor. [Ord. 87-34 § 13-03-005, 1987.]
9.15.060 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 of Utah. [Ord. 87-34 § 13-03-006, 1987.]
9.15.070 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. [Ord. 87-34 § 13-03-007, 1987.]
9.15.080 Intoxication – Release of arrested person.
(1) A person is guilty of intoxication if he is under the influence of intoxicating liquor, a controlled substance, or 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 other persons.
(2) A peace officer or magistrate may release from custody an individual arrested under this section if he believes incarceration is unnecessary for the protection of the individual or another.
(3) An offense under this section is a class C misdemeanor. [Ord. 87-34 § 13-07-101, 1987.]
9.15.090 Abuse of psychotoxic chemical solvents.
(1) A person is guilty of abuse of psychotoxic chemical solvents if:
(a) For the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:
(i) Smells or inhales the fumes of any psychotoxic chemical solvent; or
(ii) Possesses, purchases, or attempts to possess or purchase any psychotoxic chemical solvent.
(b) Knowing or believing that a purchaser or another intends to use a psychotoxic chemical in violation of subsection (1)(a)(i) or (ii) of this section, sells or offers to sell any psychotoxic chemical solvent.
(2) This section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
(3) Abuse of psychotoxic chemical solvents is an infraction.
(4) As used in this section, “psychotoxic chemical solvent” includes any glue, cement or other substance containing one or more of the following chemical compounds: acetone and acetate, benzene, butyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Nothing in this section shall be construed to include any controlled substance regulated by the provisions of Section 58-37-1 et seq., Utah Code Annotated 1953. [Ord. 87-34 § 13-08-006, 1987.]
9.15.100 Possession, consumption or purchase by interdicted persons.
(1) A person may not purchase, consume, or possess any alcoholic beverage or product if he or she is an interdicted person, except as prescribed or administered by a physician, dentist, or hospital under Title 32A, Utah Code Annotated 1953.
(2) Violation of this act shall be a class B misdemeanor subject to the maximum fines and fees for a class B misdemeanor, as defined by the statutes of the state of Utah, together with a term of incarceration in the Uintah County jail not to exceed six months or both. [Ord. 03-94 §§ 1, 2, 2003.]