| (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:
| (b) | administrative costs of a disciplinary proceeding. See Utah Code 32B-16-102- Commission: means the Alcoholic Beverage Services 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 21 years old. 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; |
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| (iii) | a valid driver license certificate that:| (A) | includes date of birth; |
| (B) | has a picture affixed; and |
| (C) | is issued:| (II) | in accordance with the laws of the state in which it is issued; or |
| (III) | in accordance with federal law by the United States Department of State; |
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| (iv) | a military identification card that:| (A) | includes date of birth; and |
| (B) | has a picture affixed; or |
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| (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 |
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| (b) | if as part of the violation the minor uses proof of age in violation of 4. 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 4. |
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| (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. |
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Enacted by Chapter 276, 2010 General Session
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