32A-15a-201 (Repealed 07/01/11) - Commission to prohibit nuisance activities by licensees -- License not renewed.
32A-15a-201 (Repealed 07/01/11). Commission to prohibit nuisance activities bylicensees -- License not renewed.
(1) In accordance with Section 32A-1-103, the commission shall require a retail licenseeas a condition of being licensed under this title to operate in a manner so as not to endanger thepublic health, peace, safety, welfare, or morals of the community.
(2) (a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, andSections 32A-15a-202 and 32A-15a-203, the commission may deny the renewal of any retaillicense issued under this title if:
(i) a formal objection to the renewal is filed; and
(ii) the commission determines that the retail licensee has engaged in nuisance activitiesto such an extent that the nuisance activities have adversely impacted the public health, peace,safety, welfare, or morals of the neighboring community of the licensed premises.
(b) In making a determination under this Subsection (2), the commission may consider:
(i) the types of nuisance activities in which a licensee has engaged;
(ii) the frequency or pattern of the nuisance activities; and
(iii) the retail licensee's notice of and failure to abate or correct the nuisance activities.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session