State Codes and Statutes
Statutes > Utah > Future-title-32b > Chapter-03 > 32b-3-205-effective-07-01-1132B-3-205 (Effective 07/01/11). Penalties.
(1) If the commission is satisfied that a person subject to administrative action violatesthis title or the commission's rules, in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, the commission may:
(a) suspend or revoke the person's license, permit, or certificate of approval;
(b) subject to Subsection (2), impose a fine against the person, including individual staffof a licensee, permittee, or certificate holder;
(c) assess the administrative costs of a disciplinary proceeding to the person if the personis a licensee, permittee, or certificate holder; or
(d) take a combination of actions described in this Subsection (1).
(2) (a) A fine imposed may not exceed $25,000 in the aggregate for:
(i) a single notice of agency action; or
(ii) a single action against a package agency.
(b) The commission shall by rule establish a schedule setting forth a range of fines foreach violation.
(3) The commission shall transfer the costs assessed under this section into the GeneralFund in accordance with Section 32B-2-301.
(4) (a) If a license or permit is suspended under this section, the licensee or permitteeshall prominently display a sign provided by the department:
(i) during the suspension; and
(ii) at the entrance of the premises of the licensee or permittee.
(b) The sign required by this Subsection (4) shall:
(i) read "The Utah Alcoholic Beverage Control Commission has suspended the alcoholicproduct license or permit of this establishment. An alcoholic product may not be sold, offeredfor sale, furnished, or consumed on these premises during the period of suspension."; and
(ii) include the dates of the suspension period.
(c) A licensee or permittee may not remove, alter, obscure, or destroy a sign required tobe displayed under this Subsection (4) during the suspension period.
(5) (a) If a license or permit is revoked, the commission may order the revocation of abond posted by the licensee or permittee under this title.
(b) Notwithstanding Subsection (5)(a), the department may make a claim against a bondposted by a licensee or permittee for money owed the department under this title without thecommission first revoking the license or permit.
(6) A licensee or permittee whose license or permit is revoked may not reapply for alicense or permit under this title for three years from the date on which the license or permit isrevoked.
(7) If a staff member of a licensee, permittee, or certificate holder is found to haveviolated this title, in addition to imposing another penalty authorized by this title, the commissionmay prohibit the staff member from handling, selling, furnishing, distributing, manufacturing,wholesaling, or warehousing an alcoholic product in the course of acting as staff with a licensee,permittee, or certificate holder under this title for a period determined by the commission.
(8) (a) If the commission makes the finding described in Subsection (8)(b), in addition toother penalties prescribed by this title, the commission may order:
(i) the removal of an alcoholic product of the manufacturer's, supplier's, or importer'sfrom the department's sales list; and
(ii) a suspension of the department's purchase of an alcoholic product described inSubsection (8)(a)(i) for a period determined by the commission.
(b) The commission may take the action described in Subsection (8)(a) if:
(i) a manufacturer, supplier, or importer of liquor or its staff or representative violatesthis title; and
(ii) the manufacturer, supplier, or importer:
(A) directly commits the violation; or
(B) solicits, requests, commands, encourages, or intentionally aids another to engage inthe violation.
(9) If the commission makes a finding that the brewer holding a certificate of approvalviolates this title or rules of the commission, the commission may take an action against thebrewer holding a certificate of approval that the commission could take against a licenseeincluding:
(a) suspension or revocation of the certificate of approval; and
(b) imposition of a fine.
(10) Notwithstanding the other provisions of this title, the commission may not order adisciplinary action or fine in accordance with this section if the disciplinary action or fine isordered on the basis of a violation:
(a) of a provision in this title related to intoxication or becoming intoxicated; and
(b) if the violation is first investigated by a law enforcement officer, as defined in Section53-13-103, who has not received training regarding the requirements of this title related toresponsible alcoholic product sale or service.
Enacted by Chapter 276, 2010 General Session
