32A-4a-502 (Repealed 07/01/11) - Enforcement of operational restrictions for a resort license or sublicense.
32A-4a-502 (Repealed 07/01/11). Enforcement of operational restrictions for aresort license or sublicense.
(1) (a) Except as provided in Subsection (2) and in addition to Subsection (3), failure bya person described in Subsection (1)(b) to comply with this chapter or an operational restrictionunder a provision applicable to a sublicense may result in:
(i) a suspension or revocation of the resort license;
(ii) a fine or other administrative sanction permitted under this title; or
(iii) other disciplinary action taken against an individual employee or managementpersonnel of a resort licensee.
(b) This Subsection (1) applies to:
(i) a resort licensee;
(ii) a person operating under a sublicense;
(iii) an employee of a resort licensee or other person operating under a sublicense;
(iv) an agent of a resort licensee or other person operating under a sublicense; or
(v) personnel management of a resort licensee or other person operating under asublicense.
(2) (a) Notwithstanding the other provisions of this chapter and Section 32A-1-119, if thefailure to comply with this chapter described in Subsection (1) relates to an offer to sell, sell,service, or furnishing of an alcoholic beverage on a sublicense premises, a resort licensee or anindividual member of the resort licensee's management personnel is subject to a sanctiondescribed in Subsection (1), only if the commission finds that:
(i) during the three years before the day on which the commission makes the finding,there is three or more disciplinary proceedings against any person operating under a sublicense ofthe resort licensee for failure to comply with an operational restriction applicable to thesublicense; and
(ii) the resort licensee has not taken reasonable steps to prevent persons operating under asublicense of the resort licensee from failing to comply with operational restrictions applicable tothe sublicense.
(b) This Subsection (2) applies if the three or more disciplinary proceedings described inSubsection (2)(a) are against:
(i) the same person operating under a sublicense of the resort licensee; or
(ii) two or more different persons operating under a sublicense of the resort licensee.
(3) An operational restriction applicable to a person operating under a sublicense isenforced as provided by the provisions applicable to the sublicense.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session