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Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-4-209. Lawful detention

Current as of May 05, 2022 | Updated by FindLaw Staff

(1)(a) To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:

(i) detain a person;  and

(ii) hold any form of identification presented by the person.

(b) The following may take an action described in Subsection (1)(a):

(i) a state store employee;

(ii) a package agent;

(iii) a licensee or permittee;

(iv) a beer retailer;  or

(v) staff of a person described in Subsections (1)(b)(ii) through (iv).

(c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:

(i) if that person has reason to believe that the person against whom the action is taken is:

(A) in a facility where liquor or beer is sold;  and

(B) in violation of Section 32B-4-409, 32B-4-412, or 32B-4-413;

(ii) in a reasonable manner;  and

(iii) for a reasonable length of time.

(2) Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:

(a) false arrest;

(b) false imprisonment;

(c) slander;  or

(d) unlawful detention.

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Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-4-209. Lawful detention - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-4-209/

Read this complete Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-4-209. Lawful detention on Westlaw

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