State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-13 > 32a-13-106-repealed-07-01-1132A-13-106 (Repealed 07/01/11). Nuisances.
(1) (a) Any room, house, building, structure, place, aircraft, vehicle, vessel, or otherconveyance, where alcoholic products are possessed, kept, used, offered for sale, sold, given,furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated,shipped, carried, transported, or distributed in violation of this title and all alcoholic products,packages, equipment, or other property kept or used in maintaining the same, are commonnuisances.
(b) Any person who maintains or assists in maintaining any common nuisance is guiltyof a class B misdemeanor.
(2) If any person has knowledge, or has reason to believe that the person's room, house,building, structure, place, aircraft, vehicle, vessel, or other conveyance is occupied or used inviolation of this title or commission rules as described in this section, or allows it to be sooccupied or used, it is subject to a lien for and may be sold to pay all fines and costs assessedagainst the person guilty of the nuisance. This lien may be enforced by action in any courthaving jurisdiction.
(3) Any action to abate any nuisance defined in this title shall be brought in the name ofthe department in any court having jurisdiction. It shall be tried as an action in equity. No bondis required to initiate proceedings.
(4) The court may issue a temporary writ of injunction, if it appears that the nuisanceexists, restraining the defendant from conducting or permitting the continuance of the nuisanceuntil the conclusion of the trial. The court may also issue an order restraining the defendant andall other persons from removing or interfering with the alcoholic products, packages, equipment,or other property kept or used in violation of this title or commission rules.
(5) (a) In any action to abate or enjoin any nuisance, the court need not find that theproperty involved was being unlawfully used at the time of the hearing.
(b) On finding that the material allegations of the petition or complaint are true, the courtshall order that no alcoholic product may be possessed, kept, used, offered for sale, sold, given,furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated,shipped, carried, transported, or distributed in the room, house, building, structure, place, aircraft,vehicle, vessel, or other conveyance or in any part of these.
(c) Upon judgment of the court ordering abatement of the nuisance, the court may orderthat the premises or conveyance in question may not be occupied or used for any purpose for oneyear, except under Subsection (5)(d).
(d) The court may permit the premises or conveyance to be occupied or used if its owner,lessee, tenant, or occupant gives bond in an appropriate amount with sufficient surety, approvedby the court, payable to the state of Utah, and on the conditions that alcoholic products will notbe present in or on the premises or the conveyance, and that payment of all fines, costs, anddamages that may be assessed for any violation of this title or commission rules upon theproperty will be made.
(6) If a tenant of any premises uses the premises or any part of them in maintaining acommon nuisance as defined in this section, or knowingly permits use by another, the lease isrendered void and the right to possession reverts to the owner or lessor who is entitled to theremedy provided by law for forcible detention of the premises.
(7) Any person who knowingly permits any building or premises owned or leased by theperson, or under the person's control, or any part of any building or premises, to be used in
maintaining a common nuisance as defined in this section, or who, after being notified in writingby a prosecuting officer or any citizen of the unlawful use, and who fails to take all propermeasures, either to abate the nuisance or to remove the person or persons from the premises, isguilty of assisting in the maintaining of the nuisance as provided in Section 76-10-804.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 305, 2008 General Session
