(1)  A minor is liable to a retail licensee in an amount described in Subsection (2) if:

Terms Used In Utah Code 32B-16-201

  • Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
(a) a fine; and
(b) administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • Proof of age: means :
    (i) an identification card;
    (ii) an identification that:
    (A) is substantially similar to an identification card;
    (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
    (C) includes date of birth; and
    (D) has a picture affixed;
    (iii) a valid driver license certificate that:
    (A) includes date of birth;
    (B) has a picture affixed; and
    (C) is issued:
    (I) under Title 53, Chapter 3, Uniform Driver License Act; or
    (II) in accordance with the laws of the state in which it is issued;
    (iv) a military identification card that:
    (A) includes date of birth; and
    (B) has a picture affixed; or
    (v) a valid passport. See Utah Code 32B-1-102
  • Violation related to a minor: means a violation under this title:
    (a) that is, in whole or in part, based on a retail licensee, or staff of the retail licensee:
    (i) selling, offering for sale, or furnishing an alcoholic product to a minor;
    (ii) purchasing or otherwise obtaining an alcoholic product for a minor;
    (iii) permitting a minor to consume an alcoholic product;
    (iv) permitting a minor to gain admittance to an area into which a minor is not permitted under this title; or
    (v) offering or providing employment to a minor that under this title may not be obtained by a minor; and
    (b) if as part of the violation the minor uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act. See Utah Code 32B-16-102
    (a)  the commission imposes an applicable fine against the retail licensee on the basis of a violation related to a minor; and

    (b)  the minor, as part of the minor’s involvement in the violation described in Subsection (1)(a), uses proof of age in violation of Chapter 1, Part 4, Proof of Age Act.
  • (2)  If the conditions of Subsection (1) are met, a minor is liable to a retail licensee for an amount equal to the sum of:

    (a)  one-half of the amount of the applicable fine imposed against the retail licensee; and

    (b)  the costs and attorney fees incurred by the retail licensee under Section 32B-16-301 to collect the amount owed under this section.

    Enacted by Chapter 276, 2010 General Session