Continuance: Putting off of a hearing ot trial until a later time.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Lien: A claim against real or personal property in satisfaction of a debt.
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
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
a room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance where an alcoholic product is possessed, purchased, used, kept, stored, sold, offered for sale, furnished, given, received, warehoused, manufactured, distributed, shipped, carried, transported, or adulterated in violation of this title; or
(b)
an alcoholic product, container, equipment, or other property kept or used in maintaining an item or property described in Subsection (1)(a).
(2)
A person who maintains or assists in maintaining a nuisance is guilty of a class B misdemeanor.
(3)
If a person has knowledge that, or has reason to believe that the person’s room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance is occupied or used as a nuisance, or allows it to be occupied or used as a nuisance, the nuisance property is subject to a lien for and may be sold to pay the fines and costs assessed against the person guilty of the common nuisance. This lien may be enforced by action in a court having jurisdiction.
(4)
(a)
The department shall bring an action to abate a nuisance in the name of the department in a court having jurisdiction.
(b)
An action brought under this Subsection (4) is an action in equity.
(c)
The department may not be required to post a bond to initiate an action under this Subsection (4).
(d)
A court may issue:
(i)
if it appears that a nuisance exists, a temporary writ of injunction restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial; and
(ii)
an order restraining the defendant and any other person from removing or interfering with an alcoholic product, container, equipment, or other property kept or used in violation of this title or commission rules.
(e)
In an action to abate or enjoin a nuisance, the court need not find that the property involved is being unlawfully used at the time of the hearing.
(f)
On finding that a material allegation of a petition or complaint is true, the court shall order that an alcoholic product may not be possessed, purchased, used, kept, stored, sold, offered for sale, furnished, given, received, warehoused, manufactured, distributed, shipped, carried, transported, or adulterated, in any portion of the room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance.
(g)
Upon judgment of a court ordering abatement of the nuisance, the court may order that the premises or conveyance in question may not be occupied or used for any purpose for one year, except under Subsection (4)(h).
(h)
A court may permit premises or conveyance described in Subsection (4)(g) to be occupied or used:
(i)
if its owner, lessee, tenant, or occupant gives bond in an appropriate amount with sufficient surety, approved by the court, payable to the state;
(ii)
on the condition that an alcoholic product will not be present in or on the premises or the conveyance; and
(iii)
on the condition that payment of the fines, costs, and damages assessed for violation of this title or commission rules will be made.
(5)
If a tenant of the premises uses the premises or any part of the premises in maintaining a nuisance, or knowingly permits use by another, the lease is void and the right to possession reverts to the owner or lessor who is entitled to the remedy provided by law for forcible detention of the premises.
(6)
A person is guilty of assisting in maintaining a nuisance as provided in Section 76-10-804, if that person:
(a)
knowingly permits a building or premises owned or leased by the person, or under the person’s control, or any part of a building or premises, to be used in maintaining a nuisance; or
(b)
after being notified in writing by a prosecutor or other citizen of the unlawful use, fails to take all proper measures to:
(i)
abate the nuisance; or
(ii)
remove the one or more persons from the premises.
Amended by Chapter 307, 2011 General Session Amended by Chapter 334, 2011 General Session
