Utah Code 32B-4-305. Additional criminal penalties
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Terms Used In Utah Code 32B-4-305
- 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.
- 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 - 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.
- Health care practitioner: means :(50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;(50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;(50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;(50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;(50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;(50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;(50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;(50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;(50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;(50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;(50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and(50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. 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.
- Record: includes :
(103)(b)(i) a book;(103)(b)(ii) a book of account;(103)(b)(iii) a paper;(103)(b)(iv) a contract;(103)(b)(v) an agreement;(103)(b)(vi) a document; or(103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. 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
(1)(a) As used in this section, “business entity” means a corporation, partnership, association, limited liability company, or similar entity.(1)(b) In addition to the penalties provided in Title 76, Chapter 3, Punishments, this section applies.(2) Upon a defendant‘s conviction of an offense defined in this title, the court may order the defendant to pay restitution or costs in accordance with Subsection 76-3-201(4).(3)(3)(a) Upon a business entity’s conviction of an offense defined in this title, and a failure of the business entity to pay a fine imposed upon it:(3)(a)(i) if the business entity is a domestic business entity, the powers, rights, and privileges of the business entity may be suspended or revoked; and(3)(a)(ii) if the business entity is a foreign business entity, it forfeits its right to do intrastate business in this state.(3)(b) The department shall transmit the name of a business entity described in Subsection (3)(a) to the Division of Corporations and Commercial Code. Upon receipt of the information, the Division of Corporations and Commercial Code shall immediately record the action in a manner that makes the information available to the public.(3)(c) A suspension, revocation, or forfeiture under this Subsection (3) is effective from the day on which the Division of Corporations and Commercial Code records the information.(3)(d) A certificate of the Division of Corporations and Commercial Code is prima facie evidence of a suspension, revocation, or forfeiture.(3)(e) This section may not be construed as affecting, limiting, or restricting a proceeding that otherwise may be taken for the imposition of any other punishment or the modes of enforcement or recovery of fines or penalties.(4)(4)(a) Upon the conviction of a business entity required to have a business license to operate the business entity’s activities, or upon the conviction of any of the business entity’s staff of any offense defined in this title, with the knowledge, consent, or acquiescence of the business entity, the department shall forward a copy of the judgment of conviction to the appropriate governmental entity responsible for issuing and revoking the business license.(4)(b) A governmental entity that receives a copy of a judgment under this Subsection (4) may institute appropriate proceedings to revoke the business license.(4)(c) Upon revocation under this Subsection (4), a governmental entity may not issue a business license to the business entity for at least one year from the date of revocation.(4)(d) Upon the conviction for a second or other offense, the governmental entity may not issue a business license for at least two years from the date of revocation.(5)(5)(a) Upon conviction of one of the following of an offense defined in this title, the department shall forward a certified copy of the judgment of conviction to the Division of Professional Licensing:(5)(a)(i) a health care practitioner; or(5)(a)(ii) an individual licensed as a veterinarian under Title 58, Chapter 28, Veterinary Practice Act.(5)(b) The Division of Professional Licensing may bring a proceeding in accordance with Title 58, Occupations and Professions, to revoke the license issued under Title 58, Occupations and Professions, of an individual described in Subsection (5)(a).(5)(c) Upon revocation of a license under Subsection (5)(b):(5)(c)(i) the Division of Professional Licensing may not issue a license to the individual under Title 58, Occupations and Professions, for at least one year from the date of revocation; and(5)(c)(ii) if the individual is convicted of a second or subsequent offense, the Division of Professional Licensing may not issue a license to the individual under Title 58, Occupations and Professions, for at least two years from the date of revocation. - License: means :