§ 32B-4-404. Unlawful sale, offer for sale, or furnishing to intoxicated person.

(1) A person may not sell, offer for sale, or furnish an alcoholic product directly to: (a) a person who is actually or apparently intoxicated; or (b) a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated. (2) (a) A person who negligently or recklessly violates Subsection (1) is guilty of a class B misdemeanor. (b) A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor. (3) As used in Subsection (2)(a), "negligently" means with simple negligence.