§ 32B-3-305. Commission to prohibit nuisance activity by licensee -- License not renewed.

(1) In accordance with Section 32B-1-104, the commission shall require a retail licensee as a condition of being licensed under this title to operate in a manner so as not to endanger the public health, peace, safety, welfare, or morals of the community.

(2)

(a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, and Sections 32B-3-306 and 32B-3-307, the commission may deny the renewal of a retail license if:

(i) a formal objection to the renewal is filed; and

(ii) the commission determines that the retail licensee has engaged in a nuisance activity to such an extent that the nuisance activity has 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 type of nuisance activity in which a retail licensee engages;

(ii) the frequency or pattern of the nuisance activity; and

(iii) the retail licensee's notice of and failure to abate or correct the nuisance activity.

Enacted by Chapter 276, 2010 General Session