2006 Utah Code - 32A-13-104 — Prosecutions.

     32A-13-104.   Prosecutions.
     (1) All prosecutions for violations of this title or commission rules shall be in the name of the state of Utah. A criminal action for violation of any county or municipal ordinance enacted in furtherance of this title shall be in the name of the governmental entity involved.
     (2) (a) Prosecution for violation of any provision of this title or commission rule shall be brought by the county attorney of the county or district attorney of the prosecution district where the violation occurs. If any county attorney or district attorney fails to initiate or diligently pursue any prosecution authorized and warranted under this title, the attorney general shall exercise supervisory authority over the county attorney or district attorney to ensure prosecution is initiated and diligently pursued.
     (b) If a violation occurs within a city or town, prosecution may be brought by either the county, district, or city attorney, notwithstanding any provision of law limiting the powers of city attorneys.
     (c) Local city and town prosecutors also have the responsibility of initiating and diligently pursuing prosecutions for violations of any local ordinances enacted in furtherance of this title or commission rules.
     (3) Prosecutions for violations of this title or commission rules shall be commenced by the return of an indictment or the filing of an information with the district court of the county in which the offense occurred or where the premises are located upon which any alcoholic product was seized, if the offense involves an alcoholic product. All other offenses prescribed by this title shall be filed before any court having jurisdiction of the offense committed.
     (4) Unless otherwise provided by law, no information may be filed charging the commission of any felony or class A misdemeanor under this title unless authorized by a prosecuting attorney. This restriction does not apply in cases where the magistrate has reasonable cause to believe that the person to be charged may avoid apprehension or escape before approval can be obtained.
     (5) In describing an offense respecting the sale, keeping for sale, or other disposal of alcoholic products, or the having, keeping, giving, purchasing, or the consumption of alcoholic products in any information, indictment, summons, judgment, warrant, or proceeding under this title, it is sufficient to state the sale, keeping for sale, or disposal, having, keeping, giving, purchasing, or consumption of the alcoholic product without stating the name or kind of the alcoholic product or the price of the alcoholic product, or any person to whom it was sold or disposed of, or by whom it was taken or consumed, or from whom it was purchased or received. It is not necessary to state the quantity of alcoholic beverage so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offenses where the quantity is essential, and then it is sufficient to allege the sale or disposal of more or less than the quantity.
     (6) If an offense is committed under a local ordinance enacted to carry out this title, it is sufficient if the charging document refers to the chapter and section of the ordinance under which the offense is committed.

Amended by Chapter 38, 1993 General Session