§ 32B-1-104 — Exercise of police powers -- Severability.

(1) (1)(a) This title is an exercise of the police powers of the state for the protection of the public health, peace, safety, welfare, and morals, and regulates the storage, sale, offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product.
(1)(b) This title governs alcoholic product control unless otherwise provided in this title.
(2) (2)(a) A licensee or permittee has the rights and privileges described in this title that are applicable to the licensee's or permittee's license or permit.
(2)(b) A licensee or permittee may engage in an activity related to the storage, sale, offer for sale, furnishing, consumption, manufacture, or distribution of an alcoholic product only if the activity is expressly permitted under this title or a rule authorized under this title and made by the commission.
(3) The department and the commission:

(3)(a) shall implement and enforce the provisions of this title in accordance with the express language of the provisions of this title and in a manner consistent with the policy described in Section 32B-1-103; and
(3)(b) may not waive any provision of this title.
(4) If a provision of this title or the application of a provision to a person or circumstance is held invalid, the remainder of this title shall be given effect without the invalid provision or application. The provisions of this title are severable.

Legislative History

Amended by Chapter 455, 2017 General Session