{"data":{"id":"us-ut/utah-code-32b-8-501","jurisdiction":"us-ut","citation":"Utah Code § 32B-8-501","heading":"Enforcement of qualifications for resort license or sublicense.","body":"(1) The commission or department may not take an action described in Subsection (2) with regard to a resort license unless the person who is found not to meet the qualifications of Subsection 32B-1-304(1) is one of the following who is engaged in the management of the resort:\n(a) a partner;\n(b) a managing agent;\n(c) a manager;\n(d) an officer;\n(e) a director;\n(f) a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation;\n(g) a member who owns at least 20% of the limited liability company; or\n(h) a person employed to act in a supervisory or managerial capacity for the resort licensee.\n(2) Subsection (1) applies to:\n(a) the commission immediately suspending or revoking a resort license, if after the day on which the resort license is issued, a person described in Subsection 32B-1-304(7)(a)(i):\n(i) is found to have been convicted of an offense described in Subsection 32B-1-304(1)(a) before the commission issues the resort license; or\n(ii) on or after the day on which the commission issues the resort license:\n(A) is convicted of an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or\n(B)\n(I) is convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and\n(II) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A);\n(b) the director taking an emergency action by immediately suspending the operation of a resort license in accordance with Title 63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matter is being adjudicated if a person described in Subsection 32B-1-304(7)(a):\n(i) is arrested on a charge for an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or\n(ii)\n(A) is arrested on a charge for the offense of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and\n(B) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is arrested on a charge described in Subsection (2)(b)(ii)(A); and\n(c) the commission suspending or revoking a resort license because a person to whom the commission issues a resort license under this chapter no longer possesses the qualifications required by this title for obtaining the resort license.\n(3) This section does not prevent the commission from suspending or revoking a sublicense that is part of a resort license if a person employed to act in a supervisory or managerial capacity for a sublicense no longer meets the qualification requirements in the provisions applicable to the sublicense.","path":["Title 32B Alcoholic Beverage Control Act","Chapter 32B-8 Resort License Act","Part 32B-8-5 Enforcement"],"source_url":"https://le.utah.gov/xcode/Title32B/Chapter8/32B-8-S501.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"7542000930125ea86d560dfe90eb4bfe4888fee317a1c77ca39eb0f77c6a0df6","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-32b-8-401","next":"us-ut/utah-code-32b-8-502"},"notice":"GroundRules: Original legal text. Not legal advice."}