(1) In accordance with Section 32B-1-104, the commission shall require a retail licensee as a condition of being licensed under this title to operate in a manner so as not to endanger the public health, peace, safety, welfare, or morals of the community.
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Terms Used In Utah Code 32B-3-305

  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Nuisance activity: means :
         (1)(a) a judicial finding that a licensed establishment is a nuisance under Section 32B-4-208; or
         (1)(b) an act described in Section 32B-3-303. See Utah Code 32B-3-302
  • 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
(2)

     (2)(a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, and Sections 32B-3-306 and 32B-3-307, the commission may deny the renewal of a retail license if:

          (2)(a)(i) a formal objection to the renewal is filed; and
          (2)(a)(ii) the commission determines that the retail licensee has engaged in a nuisance activity to such an extent that the nuisance activity has adversely impacted the public health, peace, safety, welfare, or morals of the neighboring community of the licensed premises.
     (2)(b) In making a determination under this Subsection (2), the commission may consider:

          (2)(b)(i) the type of nuisance activity in which a retail licensee engages;
          (2)(b)(ii) the frequency or pattern of the nuisance activity; and
          (2)(b)(iii) the retail licensee’s notice of and failure to abate or correct the nuisance activity.
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