Alcohol

Associated Documents

Forest Order

UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
857 WEST SOUTH JORDAN PARKWAY
SOUTH JORDAN, UTAH 84095

SPECIAL ORDER OF FOREST SUPERVIOSR
UINTA-WASATCH-CACHE NATIONAL FOREST

FOREST WIDE

PROHIBITIONS:
Pursuant to Title 36 CFR 261.50 (a) and (b) the following act is prohibited on the National Forest
System lands as described in this Order. All lands affected are located within the Uinta-Wasatch-Cache
National Forest boundaries. This order is in effect July 22, 2022 and shall remain in effect until
July 22, 2032.
1. Possessing, in violation of Utah State Law (32B-4-409), a beverage which is defined as an
alcoholic beverage, by a minor who is at least18 years old, but younger than 21 years old.
This prohibition does not apply if this person is accompanied by a parent, legal guardian,
responsible adult relative, or any other adult of legal age designated by the parent or guardian
for the purpose of transportation of an alcoholic beverage.
(See attached Utah State Law 32B-4-409) [36 CFR 261.58(bb)]
2. Possessing, in violation of Utah State Law (41-6A-526), any bottle, can, or any other
receptacle containing any alcoholic beverage which has been opened, or seal has been
broken, or the contents of which have been partially consumed, while operating a motor
vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or
parked on any highway or waters of the state. (See attached Utah State Law 41-6A-526)
[36 CFR 261.58(bb)]
3. Possession, in violation of Utah State Law (32B-4-406(1)(B)), of beer in containers greater
than two liters. See attached Utah State Law 32B-4-406(1)(B) [36 CFR 261.58(bb)]
EXEMPTIONS:
Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this order:
1. Persons with special use authorization or other Forest Service authorization specifically
exempting them from the effect of this Order.
2. Federal or State administrative personnel in performance of an official duty.
AREA DESCRIBED:
All National Forest System located within the Uinta-Wasatch-Cache National Forest Boundaries as
shown on attached map.
PURPOSE:
To prevent alcohol related accidents to visitors and employees, to prevent damage to public lands and
facilities, and to prevent associated sanitation issues.
IMPLEMENTATION:
1. This Order will be in effect July 22, 2022 and shall remain in effect until July 22, 2032.
2. Exhibit A, “Utah State Codes” is attached and incorporated into this order.
3. Violation of the above prohibition(s) is punishable by a fine of not more than $5,000 for an
individual, or $10,000 for an organization and/or imprisonment for not more than 6months.
[Title 16 USC 551, Title 18 USC 3571(b)(6), Title 18 USC 3581(b)(7)].
4. Further information regarding this Order may be obtained at the Uinta-Wasatch-Cache
National Forest Supervisors Office, 857 West South Jordan Parkway, South Jordan, Utah
(801) 999-2103.
5. This Order supersedes any previous Order(s) prohibiting the same, or similar acts prohibited
by this Order in the areas (and/or roads or trails) covered by this Order.

Done at Salt Lake City, Utah this 22nd day of July 2022

/s/ David Whittekiend

David C. Whittekiend
Forest Supervisor

Order No :04-19-22-537

Exhibit A
Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 4 Criminal Offenses and Procedures Act
32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable amounts in body.
Effective 9/1/2021
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic product;
(b) attempt to purchase an alcoholic product;
(c) solicit another person to purchase an alcoholic product;
(d) possess an alcoholic product;
(e) consume an alcoholic product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
(2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic product for a minor
for:
(a) a minor to misrepresent the minor's age; or
(b) any other person to misrepresent the age of a minor.
(3) It is unlawful for a minor to possess or consume an alcoholic product while riding in a limousine or
chartered bus.
(4) (a) 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:
(i) order the minor to complete a screening as defined in Section 41-6a-501;
(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening
indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or
substance use disorder treatment as indicated by an assessment.
(b) 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:
(i) order the minor to complete a screening as defined in Section 41-6a-501;
(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening
indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or
substance use disorder treatment as indicated by an assessment.
(5) (a) 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 Section 32B-4-411, the court hearing the case
shall suspend the minor's driving privileges under Section 53-3-219.
(b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the suspension period
required under Section 53-3-219 if:
(i) the violation is the minor's first violation of this section; and
(ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
(B) the minor demonstrates substantial progress in substance use disorder treatment.
(c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the requirements of
Section 53-3-219, the court may reduce the suspension period required under Section 53-3-
219 if:
(i) the violation is the minor's second or subsequent violation of this section;
(ii) the minor has completed an educational series as defined in Section 41-6a-501 or
demonstrated substantial progress in substance use disorder treatment; and
(iii) (A) 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 (5)(a); or
(B) 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 (5)(a).
(6) When a minor who is younger than 18 years old is found by the court to have violated this section,
Section 80-6-707 applies to the violation.
(7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section 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.
(8) When a court issues an order suspending a person's driving privileges for a violation of this section,
the Driver License Division shall suspend the person's license under Section 53-3-219.
(9) 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.
(10) This section does not apply to a minor's consumption of an alcoholic product in accordance with this
title:
(a) for medicinal purposes if:
(i) the minor is at least 18 years old; or
(ii) the alcoholic product is furnished by:
(A) the parent or guardian of the minor; or
(B) the minor's health care practitioner, if the health care practitioner is authorized by law
to write a prescription; or
(b) as part of a religious organization's religious services.
Utah Code
Title 41 Motor Vehicles
Chapter 6a Traffic Code
Section 526 Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions --
Exceptions.
41-6a-526 (Superseded 07/01/11). Drinking alcoholic beverage and open containers in motor
vehicle prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 32A-1-105.
(b) "Chartered bus" has the same meaning as defined in Section 32A-1-105.
(c) "Limousine" has the same meaning as defined in Section 32A-1-105.
(d) (i) "Passenger compartment" means the area of the vehicle normally occupied by the operator and
passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengers while traveling,
including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunk compartment or other
area of the vehicle not accessible to the operator or passengers while inside the vehicle.
(e) "Waters of the state" has the same meaning as defined in Section 73-18-2.
(2) A person may not drink any alcoholic beverage while operating a motor vehicle or while a
passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters
of the state.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or
transport in the passenger compartment of a motor vehicle, when the vehicle is on any highway or waters
of the state, any container which contains any alcoholic beverage if the container has been opened, its seal
broken, or the contents of the container partially consumed.
(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with
Subsections 32A-12-213(3)(b) and (c); or
(c) in a motorboat on the waters of the state.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 4 Criminal Offenses and Procedure Act
Part 4 Sale, Purchase, Possession, and Consumption
Section 406 Unlawful sale, offer for sale, or furnishing of an alcoholic product.
(1) Except as provided in Subsection (2):

 (a) a person may not sell, offer for sale, or furnish beer to the public in a container that
exceeds two liters; and
(b) a person may not purchase or possess beer in a container that exceeds two liters.
(2)

(a) A retail licensee may sell, offer for sale, or furnish beer on draft subject to the
requirements of Section 32B-5-304.
(b) A retail licensee may purchase or possess beer in a container that exceeds two liters to
be dispensed on draft for consumption subject to the requirements of Section 32B-5-304.
(c) A beer wholesaler licensee may sell, offer for sale, or furnish beer in a container that
exceeds two liters to a retail licensee described in Subsection (2)(a).
(3) On or after October 1, 2011:
(a) A person may not sell, offer for sale, or furnish heavy beer in a container that exceeds
two liters.
(b) A person may not purchase or possess heavy beer in a container that exceeds two liters.