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
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
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
Resort: means a location:
(a)
on which is located one resort building; and
(b)
that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
a sublicense or person otherwise operating under a sublicense;
(iv)
individual staff of a sublicense or person otherwise operating under a sublicense; or
(v)
any combination of the persons listed in Subsections (1)(a)(i) through (iv).
(b)
This Subsection (1) applies to:
(i)
a resort licensee;
(ii)
a sublicense or person operating under a sublicense of a resort license; or
(iii)
staff of a resort licensee or sublicensee or other person operating under a sublicense of a resort license.
(2)
(a)
Notwithstanding the other provisions of this title, if the failure to comply with this chapter described in Subsection (1) relates to a sale, offer for sale, or furnishing of an alcoholic product on sublicensed premises, a resort licensee or an individual member of the resort licensee’s management personnel is subject to a sanction described in Subsection (1), only if the commission finds that:
(i)
during the three years before the day on which the commission makes the finding, there are three or more disciplinary proceedings against any sublicensee or person operating under a sublicense of the resort licensee for failure to comply with an operational requirement applicable to the sublicense; and
(ii)
the resort licensee has not taken reasonable steps to prevent persons operating under a sublicense of the resort licensee from failing to comply with operational requirements applicable to the sublicense.
(b)
This Subsection (2) applies if the three or more disciplinary proceedings described in Subsection (2)(a) are against:
(i)
the same person operating under a sublicense of the resort licensee; or
(ii)
two or more different persons operating under a sublicense of the resort licensee.
