State Codes and Statutes
Statutes > Utah > Future-title-32b > Chapter-07 > 32b-7-303-effective-07-01-1132B-7-303 (Effective 07/01/11). Penalties related to sales to minors.
(1) (a) In addition to any criminal penalty that may be imposed, an individual is subjectto the administrative penalties described in Subsection (1)(b) imposed by a local authority if:
(i) the individual completes an alcohol training and education seminar;
(ii) after completing the alcohol training and education seminar, the individual is foundin violation of a law involving the sale of an alcoholic product to a minor;
(iii) the violation described in Subsection (1)(a)(ii) is based on conduct that occurs whilethe individual is on duty as staff of an off-premise beer retailer; and
(iv) the local authority brings an adjudicative proceeding against the individual.
(b) If the conditions of Subsection (1)(a) are met, a local authority shall impose thefollowing administrative penalties:
(i) upon a first violation, the individual may not sell or directly supervise the sale of beerto a patron for consumption off the premises of the off-premise beer retailer until the individualretakes and completes an alcohol training and education seminar;
(ii) upon a second violation, the individual may not sell or directly supervise the sale ofbeer to a patron for consumption off the premises of the off-premise beer retailer until the laterof:
(A) 90 days from the day on which the administrative penalty is imposed; and
(B) the day on which the individual:
(I) retakes and completes the alcohol training and education seminar; and
(II) completes any additional training that the local authority may require; and
(iii) upon a third or subsequent violation, the individual may not sell or directly supervisethe sale of beer to a patron for consumption off the premises of the off-premise beer retailer untilthe later of:
(A) one year from the day on which the administrative penalty is imposed; and
(B) the day on which the individual:
(I) retakes and completes an alcohol training and education seminar; and
(II) completes any additional training that the local authority may require.
(2) (a) During the time period in which an individual is prohibited from selling ordirectly supervising the sale of beer under Subsection (1)(b), an off-premise beer retailer may notallow that individual to:
(i) directly supervise the sale of beer for the off-premise beer retailer; or
(ii) sell beer for the off-premise beer retailer.
(b) A violation of this Subsection (2) is grounds for the immediate suspension of theoff-premise beer retailer's license.
(3) (a) In addition to any criminal penalty that may be imposed, an off-premise beerretailer is subject to the administrative penalties imposed by a local authority described inSubsection (3)(b) if:
(i) staff of the off-premise beer retailer is found in violation of a law involving the sale ofan alcoholic product to a minor;
(ii) the violation described in Subsection (3)(a)(i) occurs while the staff is on duty for theoff-premise beer retailer; and
(iii) the local authority brings an adjudicative proceeding against the off-premise beerretailer.
(b) If the conditions of Subsection (3)(a) are met, a local authority shall impose the
following administrative penalties:
(i) upon a first violation, the local authority shall issue a written warning against anoff-premise beer retailer;
(ii) upon a second violation, an off-premise beer retailer shall pay a civil fine of $250;
(iii) upon a third violation, an off-premise beer retailer shall pay a civil fine of $500;
(iv) upon a fourth or subsequent violation, an off-premise beer retailer shall:
(A) pay a civil fine of $500;
(B) have its off-premise beer retailer license suspended for a period of 30 consecutivedays from the date on which the administrative penalty is imposed; and
(C) be placed on probation for a period of one year from the date on which theadministrative penalty is imposed; and
(v) upon any violation by the off-premise beer retailer or any on-duty staff of theoff-premise beer retailer during the period of probation specified in Subsection (3)(b)(iv)(C):
(A) the off-premise beer retailer's license to sell beer shall be revoked; and
(B) the off-premise beer retailer may not reapply for a new license for at least six monthsfrom the date of revocation.
(4) (a) An off-premise beer retailer's failure to pay a fine imposed under Subsection (3)within 30 days of the day on which a fine is imposed is grounds for the immediate suspension ofthe off-premise beer retailer's license to sell beer until payment is made.
(b) An off-premise beer retailer's failure to pay the fine described in Subsection (4)(a)within the time period described in Subsection (4)(a) is grounds for revocation of the off-premisebeer retailer's license.
Enacted by Chapter 276, 2010 General Session
