32B-8-502 (Effective 07/01/11) - Enforcement of operational requirements for resort license or sublicense. - Utah Statutes

32B-8-502 (Effective 07/01/11). Enforcement of operational requirements for resortlicense or sublicense.
(1) (a) Except as provided in Subsection (2) and in addition to Subsection (3), failure bya person described in Subsection (1)(b) to comply with this chapter or an operational requirementunder a provision applicable to a sublicense may result in disciplinary action in accordance withChapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a resort licensee;
(ii) individual staff of a resort licensee;
(iii) a person otherwise operating under a sublicense;
(iv) individual staff of a person otherwise operating under a sublicense; or
(v) any combination of the persons listed in this Subsection (1)(a).
(b) This Subsection (1) applies to:
(i) a resort licensee;
(ii) a person operating under a sublicense; or
(iii) staff of a resort licensee or other person operating under a sublicense.
(2) (a) Notwithstanding the other provisions of this title, if the failure to comply with thischapter described in Subsection (1) relates to a sale, offer for sale, or furnishing of an alcoholicproduct on a sublicense premises, a resort licensee or an individual member of the resortlicensee's management personnel is subject to a sanction described in Subsection (1), only if thecommission finds that:
(i) during the three years before the day on which the commission makes the finding,there are three or more disciplinary proceedings against any person operating under a sublicenseof the resort licensee for failure to comply with an operational requirement applicable to thesublicense; and
(ii) the resort licensee has not taken reasonable steps to prevent persons operating under asublicense of the resort licensee from failing to comply with operational requirements applicableto the sublicense.
(b) This Subsection (2) applies if the three or more disciplinary proceedings described inSubsection (2)(a) are against:
(i) the same person operating under a sublicense of the resort licensee; or
(ii) two or more different persons operating under a sublicense of the resort licensee.
(3) An operational requirement applicable to a person operating under a sublicense isenforced as provided by the provisions applicable to the sublicense.

Enacted by Chapter 276, 2010 General Session