32B-3-205.  Penalties.

(1)  If the commission is satisfied that a person subject to administrative action violates this title or the commission’s rules, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the commission may:

Terms Used In Utah Code 32B-3-205

  • Aggravating circumstances: means :
(a) prior warnings about compliance problems;
(b) a prior violation history;
(c) a lack of written policies governing employee conduct;
(d) multiple violations during the course of an investigation;
(e) efforts to conceal a violation;
(f) an intentional violation;
(g) the violation involved more than one patron or employee; or
(h) a violation that results in injury or death. See Utah Code 32B-3-102
  • Alcoholic beverage: means the following:
    (a) beer; or
    (b) liquor. See Utah Code 32B-1-102
  • Brewer: means a person engaged in manufacturing:
    (a) beer;
    (b) heavy beer; or
    (c) a flavored malt beverage. See Utah Code 32B-1-102
  • Certificate of approval: means a certificate of approval obtained from the department under Section 32B-11-201. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Disciplinary proceeding: means an adjudicative proceeding permitted under this title:
    (a) against a person subject to administrative action; and
    (b) that is brought on the basis of a violation of this title. See Utah Code 32B-1-102
  • intoxication: means that
         an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
    (a) an alcoholic product;
    (b) a controlled substance;
    (c) a substance having the property of releasing toxic vapors; or
    (d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
  • Mitigating circumstances: means :
    (a) no prior violation history for the licensee or permittee;
    (b) no prior violation history for the individual who committed the violation;
    (c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
    (d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation. See Utah Code 32B-3-102
  • Package agency: means a retail liquor location operated:
    (a) under an agreement with the department; and
    (b) by a person:
    (i) other than the state; and
    (ii) who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • Person subject to administrative action: means :
    (a) a licensee;
    (b) a permittee;
    (c) a manufacturer;
    (d) a supplier;
    (e) an importer;
    (f) one of the following holding a certificate of approval:
    (i) an out-of-state brewer;
    (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
    (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
    (g) staff of:
    (i) a person listed in Subsections (90)(a) through (f); or
    (ii) a package agent. See Utah Code 32B-1-102
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
  • (a)  suspend or revoke the person‘s license, permit, or certificate of approval;

    (b)  subject to Subsection (2), impose a fine against the person, including individual staff of a licensee, permittee, or certificate holder;

    (c)  assess the administrative costs of a disciplinary proceeding to the person if the person is a licensee, permittee, or certificate holder; or

    (d)  take a combination of actions described in this Subsection (1).
  • (2) 

    (a)  A fine imposed may not exceed $25,000 in the aggregate for:

    (i)  a single notice of agency action; or

    (ii)  a single action against a package agency.

    (b)  The commission shall by rule establish a schedule setting forth a range of fines for each violation.

    (c)  When a presiding officer imposes a fine, the presiding officer shall consider any aggravating circumstances or mitigating circumstances in deciding where within the applicable range to set the fine.

    (3)  The department shall transfer the costs assessed under this section into the General Fund in accordance with Section 32B-2-301.

    (4) 

    (a)  If a license or permit is suspended under this section, the licensee or permittee shall prominently display a sign provided by the department:

    (i)  during the suspension; and

    (ii)  at the entrance of the premises of the licensee or permittee.

    (b)  The sign required by this Subsection (4) shall:

    (i)  read “The Utah Alcoholic Beverage Services Commission has suspended the alcoholic product license or permit of this establishment. An alcoholic product may not be sold, offered for sale, furnished, or consumed on these premises during the period of suspension.”; and

    (ii)  include the dates of the suspension period.

    (c)  A licensee or permittee may not remove, alter, obscure, or destroy a sign required to be displayed under this Subsection (4) during the suspension period.

    (5) 

    (a)  If a license or permit is revoked, the commission may order the revocation of a bond posted by the licensee or permittee under this title.

    (b)  Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a licensee or permittee for money owed the department under this title without the commission first revoking the license or permit.

    (6)  A licensee or permittee whose license or permit is revoked may not reapply for a license or permit under this title for three years from the date on which the license or permit is revoked.

    (7)  If a staff member of a licensee, permittee, or certificate holder is found to have violated this title, in addition to imposing another penalty authorized by this title, the commission may prohibit the staff member from handling, selling, furnishing, distributing, manufacturing, wholesaling, or warehousing an alcoholic product in the course of acting as staff with a licensee, permittee, or certificate holder under this title for a period determined by the commission.

    (8) 

    (a)  If the commission makes the finding described in Subsection (8)(b), in addition to other penalties prescribed by this title, the commission may order:

    (i)  the removal of an alcoholic product of the manufacturer’s, supplier‘s, or importer’s from the department’s sales list; and

    (ii)  a suspension of the department’s purchase of an alcoholic product described in Subsection (8)(a)(i) for a period determined by the commission.

    (b)  The commission may take the action described in Subsection (8)(a) if:

    (i)  a manufacturer, supplier, or importer of liquor or its staff or representative violates this title; and

    (ii)  the manufacturer, supplier, or importer:

    (A)  directly commits the violation; or

    (B)  solicits, requests, commands, encourages, or intentionally aids another to engage in the violation.

    (9)  If the commission makes a finding that the brewer holding a certificate of approval violates this title or rules of the commission, the commission may take an action against the brewer holding a certificate of approval that the commission could take against a licensee including:

    (a)  suspension or revocation of the certificate of approval; and

    (b)  imposition of a fine.

    (10)  Notwithstanding the other provisions of this title, the commission may not order a disciplinary action or fine in accordance with this section if the disciplinary action or fine is ordered on the basis of a violation:

    (a)  of a provision in this title related to intoxication or becoming intoxicated; and

    (b)  if the violation is first investigated by a law enforcement officer, as defined in Section 53-13-103, who has not received training regarding the requirements of this title related to responsible alcoholic product sale or service.

    (11)  The commission shall expunge each record that relates to an individual’s violation of a provision of this title, if the individual does not violate a provision of this title for a period of 36 consecutive months from the day on which the individual’s last violation was adjudicated.

    Amended by Chapter 447, 2022 General Session