32A-13-104 (Repealed 07/01/11) - Prosecutions.
32A-13-104 (Repealed 07/01/11). Prosecutions.
(1) All prosecutions for violations of this title or commission rules shall be in the nameof the state of Utah. A criminal action for violation of any county or municipal ordinance enactedin furtherance of this title shall be in the name of the governmental entity involved.
(2) (a) Prosecution for violation of any provision of this title or commission rule shall bebrought by the county attorney of the county or district attorney of the prosecution district wherethe violation occurs. If any county attorney or district attorney fails to initiate or diligently pursueany prosecution authorized and warranted under this title, the attorney general shall exercisesupervisory authority over the county attorney or district attorney to ensure prosecution isinitiated and diligently pursued.
(b) If a violation occurs within a city or town, prosecution may be brought by either thecounty, district, or city attorney, notwithstanding any provision of law limiting the powers of cityattorneys.
(c) Local city and town prosecutors also have the responsibility of initiating anddiligently pursuing prosecutions for violations of any local ordinances enacted in furtherance ofthis title or commission rules.
(3) Prosecutions for violations of this title or commission rules shall be commenced bythe return of an indictment or the filing of an information with the district court of the county inwhich the offense occurred or where the premises are located upon which any alcoholic productwas seized, if the offense involves an alcoholic product. All other offenses prescribed by this title shall be filed before any court having jurisdiction of the offense committed.
(4) Unless otherwise provided by law, no information may be filed charging thecommission of any felony or class A misdemeanor under this title unless authorized by aprosecuting attorney. This restriction does not apply in cases where the magistrate has reasonablecause to believe that the person to be charged may avoid apprehension or escape before approvalcan be obtained.
(5) In describing an offense respecting the sale, keeping for sale, or other disposal ofalcoholic products, or the having, keeping, giving, purchasing, or the consumption of alcoholicproducts in any information, indictment, summons, judgment, warrant, or proceeding under thistitle, it is sufficient to state the sale, keeping for sale, or disposal, having, keeping, giving,purchasing, or consumption of the alcoholic product without stating the name or kind of thealcoholic product or the price of the alcoholic product, or any person to whom it was sold ordisposed of, or by whom it was taken or consumed, or from whom it was purchased or received.It is not necessary to state the quantity of alcoholic beverage so sold, kept for sale, disposed of,had, kept, given, purchased, or consumed, except in the case of offenses where the quantity isessential, and then it is sufficient to allege the sale or disposal of more or less than the quantity.
(6) If an offense is committed under a local ordinance enacted to carry out this title, it issufficient if the charging document refers to the chapter and section of the ordinance under whichthe offense is committed.
Amended by Chapter 38, 1993 General Session
Repealed by Chapter 276, 2010 General Session