32A-10-207 (Repealed 07/01/11) - Information obtained by investigator.
32A-10-207 (Repealed 07/01/11). Information obtained by investigator.
(1) As used in this section:
(a) "Investigator" means an individual who is:
(i) (A) an auditor or inspector; and
(B) employed by the department; or
(ii) (A) a peace officer, examiner, or investigator; and
(B) employed by a nondepartment enforcement agency.
(b) "Nondepartment enforcement agency" means an agency that:
(i) (A) is a state agency other than the department; or
(B) is an agency of a county, city, or town; and
(ii) has a responsibility, as provided in another provision of this title, to enforce one ormore provisions of this title.
(c) (i) "Record" means information that is:
(A) inscribed on a tangible medium; or
(B) stored in an electronic or other medium and is retrievable in perceivable form.
(ii) "Record" includes:
(A) book;
(B) book of account;
(C) paper;
(D) contract;
(E) agreement;
(F) document; or
(G) recording in any medium.
(2) (a) Subject to Subsection (2)(b), if an investigator is permitted by another provisionof this chapter to inspect a book or record of an on-premise beer retailer licensee that is a tavern,in addition to any other rights under this title, the investigator may inspect, have a copy of, orotherwise review any record of the tavern that is a visual recording of the operations of thetavern.
(b) An investigator who is a peace officer may not inspect, have a copy of, or otherwisereview a visual recording described in Subsection (2)(a) without probable cause.
Enacted by Chapter 190, 2009 General Session
Repealed by Chapter 276, 2010 General Session