Utah Code 32B-8-501. Enforcement of qualifications for resort license or sublicense
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(1) The commission or department may not take an action described in Subsection (2) with regard to a resort license unless the person who is found not to meet the qualifications of Subsection 32B-1-304(1) is one of the following who is engaged in the management of the resort:
Terms Used In Utah Code 32B-8-501
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - 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 - 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
- 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
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Resort: means a location:
(6)(a) on which is located one resort building; and(6)(b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102- Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
- Sublicense: means :
(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102(1)(a) a partner;(1)(b) a managing agent;(1)(c) a manager;(1)(d) an officer;(1)(e) a director;(1)(f) a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation;(1)(g) a member who owns at least 20% of the limited liability company; or(1)(h) a person employed to act in a supervisory or managerial capacity for the resort licensee.(2) Subsection (1) applies to:(2)(a) the commission immediately suspending or revoking a resort license, if after the day on which the resort license is issued, a person described in Subsection 32B-1-304(7)(a)(i):(2)(a)(i) is found to have been convicted of an offense described in Subsection 32B-1-304(1)(a) before the commission issues the resort license; or(2)(a)(ii) on or after the day on which the commission issues the resort license:(2)(a)(ii)(A) is convicted of an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or(2)(a)(ii)(B)(2)(a)(ii)(B)(I) is convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and(2)(a)(ii)(B)(II) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A);(2)(b) the director taking an emergency action by immediately suspending the operation of a resort license in accordance with Title 63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matter is being adjudicated if a person described in Subsection 32B-1-304(7)(a):(2)(b)(i) is arrested on a charge for an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or(2)(b)(ii)(2)(b)(ii)(A) is arrested on a charge for the offense of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and(2)(b)(ii)(B) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is arrested on a charge described in Subsection (2)(b)(ii)(A); and(2)(c) the commission suspending or revoking a resort license because a person to whom the commission issues a resort license under this chapter no longer possesses the qualifications required by this title for obtaining the resort license.(3) This section does not prevent the commission from suspending or revoking a sublicense that is part of a resort license if a person employed to act in a supervisory or managerial capacity for a sublicense no longer meets the qualification requirements in the provisions applicable to the sublicense.