32A-14b-202 (Repealed 07/01/11) - Bringing an action.
32A-14b-202 (Repealed 07/01/11). Bringing an action.
(1) Subject to the other provisions of this section, a retail licensee to whom a minor isliable under Section 32A-14b-201 may bring an action in a court of competent jurisdiction tocollect the amount described in Section 32A-14b-201.
(2) The action allowed under this section may be brought against:
(a) the minor; or
(b) if the minor is less than 18 years of age, a parent or guardian of the minor.
(3) An action under this chapter may not be commenced more than two years after theday on which the applicable fine is imposed by the commission.
(4) Nothing in this chapter precludes a cause of action or additional recovery against aminor under law other than this chapter.
(5) Notwithstanding the other provisions of this part:
(a) the state or an agency of the state is not liable under this part when a state agency haslegal or protective custody of, or has guardianship of a minor at the time:
(i) the minor engages in conduct with regard to a violation related to a minor; or
(ii) an applicable fine is imposed on the retail licensee by the commission; and
(b) a retail licensee may not bring an action against the state or an agency of the stateunder the circumstances described in Subsection (5)(a).
Amended by Chapter 218, 2010 General Session
Repealed by Chapter 276, 2010 General Session