§ 78B-6-1603. Citation -- Civil penalty.

(1) An individual may not knowingly conduct, aid, or allow an underage drinking gathering.

(2) A law enforcement officer may issue a written citation to an individual who violates Subsection (1).

(3) An individual issued a citation under this section is subject to a civil penalty equal to the sum of:

(a)

(i) a fine of $250 for a first citation; or

(ii) double the fine imposed for an immediately preceding citation for each subsequent citation; and

(b) the response costs of the underage drinking gathering, not to exceed $1,000.

(4) Two or more individuals who violate Subsection (1) for the same underage drinking gathering are jointly and severally liable under this section for response costs attributable to the underage drinking gathering.

(5) An individual who violates Subsection (1) is liable under this part regardless of whether the individual is present at an underage drinking gathering.

(6) If a minor is issued a citation under this section, the minor's parent or legal guardian may not be held liable for an amount of civil penalty imposed on the minor as a result of the minor's citation.

Enacted by Chapter 187, 2009 General Session