Subject to the other provisions of this section, a retail licensee to whom a minor is liable under Section 32B-16-201 may bring an action in a court of competent jurisdiction to collect the amount described in Section 32B-16-201.
Terms Used In Utah Code 32B-16-301
Applicable fine: means the sum of the following imposed or assessed under this title by the commission for a violation related to a minor:
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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 4. See Utah Code 32B-16-102
(2)
The action allowed under this section may be brought against:
(a)
the minor; or
(b)
if the minor is less than 18 years of age, a parent or guardian of the minor.
(3)
An action under this chapter may not be commenced more than two years after the day on which the applicable fine is imposed by the commission.
(4)
Nothing in this chapter precludes a cause of action or additional recovery against a minor under law other than this chapter.
(5)
Notwithstanding the other provisions of this part:
(a)
the state or an agency of the state is not liable under this part when a state agency has legal or protective custody of, or has guardianship of a minor at the time:
(i)
the minor engages in conduct with regard to a violation related to a minor; or
(ii)
an applicable fine is imposed on the retail licensee by the commission; and
(b)
a retail licensee may not bring an action against the state or an agency of the state under the circumstances described in Subsection (5)(a).
