§ 32B-8-502. Enforcement of operational requirements for resort license or sublicense.

(1)

(a) Except as provided in Subsection (2) and in addition to Subsection (3), failure by a person described in Subsection (1)(b) to comply with this chapter or an operational requirement under a provision applicable to a sublicense may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

(i) a resort licensee;

(ii) individual staff of a resort licensee;

(iii) a person otherwise operating under a sublicense;

(iv) individual staff of a person otherwise operating under a sublicense; or

(v) any combination of the persons listed in this Subsection (1)(a).

(b) This Subsection (1) applies to:

(i) a resort licensee;

(ii) a person operating under a sublicense; or

(iii) staff of a resort licensee or other person operating under a sublicense.

(2)

(a) Notwithstanding the other provisions of this title, if the failure to comply with this chapter described in Subsection (1) relates to a sale, offer for sale, or furnishing of an alcoholic product on a sublicense premises, a resort licensee or an individual member of the resort licensee's management personnel is subject to a sanction described in Subsection (1), only if the commission finds that:

(i) during the three years before the day on which the commission makes the finding, there are three or more disciplinary proceedings against any person operating under a sublicense of the resort licensee for failure to comply with an operational requirement applicable to the sublicense; and

(ii) the resort licensee has not taken reasonable steps to prevent persons operating under a sublicense of the resort licensee from failing to comply with operational requirements applicable to the sublicense.

(b) This Subsection (2) applies if the three or more disciplinary proceedings described in Subsection (2)(a) are against:

(i) the same person operating under a sublicense of the resort licensee; or

(ii) two or more different persons operating under a sublicense of the resort licensee.

(3) An operational requirement applicable to a person operating under a sublicense is enforced as provided by the provisions applicable to the sublicense.

Enacted by Chapter 276, 2010 General Session