32B-3-303. Acts making a person subject to this part.
(1)
One or more of the following acts constitute a nuisance activity:
Terms Used In Utah Code 32B-3-303
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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
the convictions are made on the basis of an act that occurs on the licensed premises; and
(ii)
there is evidence that the retail licensee knew or should have known of the illegal activity;
(d)
a single conviction within the last two years of a retail licensee or staff of the retail licensee that is made on the basis of:
(i)
pornographic and harmful materials:
(A)
that violate 12; and
(B)
if the violation occurs on the licensed premises;
(ii)
prostitution;
(iii)
engaging in or permitting gambling, as defined and proscribed in 11, on the licensed premises;
(iv)
having any fringe gaming device, video gaming device, or gambling device or record as defined in Section 76-10-1101 on the licensed premises;
(v)
on the licensed premises engaging in or permitting a contest, game, gaming scheme, or gaming device that requires the risking of something of value for a return or for an outcome when the return or outcome is based upon an element of chance, excluding the playing of an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value;
(vi)
a disturbance of the peace that occurs on the licensed premises; or
(vii)
disorderly conduct that occurs on the licensed premises; or
(e)
three or more adjudicated violations of this title within the last two years by a retail licensee or by staff of the retail licensee that result in a criminal citation or an administrative referral to the department relating to:
(i)
the sale, offer for sale, or furnishing of an alcoholic product to a minor;
(ii)
the sale, offer for sale, or furnishing of an alcoholic product to a person actually, apparently, or obviously intoxicated;
(iii)
the sale, offer for sale, or furnishing of an alcoholic product after the lawful hours for the sale or furnishing; or
(iv)
acts or conduct on the licensed premises contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title.
(2)
For purposes of Subsection (1), in the case of a retail licensee that is a partnership, corporation, or limited liability company, a conviction under Subsection (1)(c) includes a conviction of any of the following for an offense described in Subsection (1)(c):
(a)
a partner;
(b)
a managing agent;
(c)
a manager;
(d)
an officer;
(e)
a director;
(f)
a stockholder who holds at least 20% of the total issued and outstanding stock of a corporate retail licensee; or
(g)
a member who owns at least 20% of a limited liability company retail licensee.
