2006 Utah Code - 32A-13-106 — Nuisances.

     32A-13-106.   Nuisances.
     (1) Any room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance, where alcoholic products are possessed, kept, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in violation of this title or commission rules, and all alcoholic products, packages, equipment, or other property kept or used in maintaining the same, are common nuisances. Any person who maintains or assists in maintaining any common nuisance is guilty of a class B misdemeanor.
     (2) If any person has knowledge, or has reason to believe that the person's room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance is occupied or used in violation of this title or commission rules as described in this section, or allows it to be so occupied or used, it is subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of the nuisance. This lien may be enforced by action in any court having jurisdiction.
     (3) Any action to abate any nuisance defined in this title shall be brought in the name of the department in any court having jurisdiction. It shall be tried as an action in equity. No bond is required to initiate proceedings.
     (4) The court may issue a temporary writ of injunction, if it appears that the nuisance exists, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. The court may also issue an order restraining the defendant and all other persons from removing or interfering with the alcoholic products, packages, equipment, or other property kept or used in violation of this title or commission rules.
     (5) (a) In any action to abate or enjoin any nuisance, the court need not find that the property involved was being unlawfully used at the time of the hearing.
     (b) On finding that the material allegations of the petition or complaint are true, the court shall order that no alcoholic product may be possessed, kept, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in the room, house, building, structure, place, aircraft, vehicle, vessel, or other conveyance or in any part of these.
     (c) Upon judgment of the court ordering abatement of the nuisance, the court may order that the premises or conveyance in question may not be occupied or used for any purpose for one year.
     (d) The court may permit the premises or conveyance to be occupied or used if its owner, lessee, tenant, or occupant gives bond in an appropriate amount with sufficient surety, approved by the court, payable to the state of Utah, and on the conditions that alcoholic products will not be present therein or thereon, and that payment of all fines, costs, and damages that may be assessed for any violation of this title or commission rules upon the property will be made.
     (6) If a tenant of any premises uses the premises or any part of them in maintaining a common nuisance as defined in this section, or knowingly permits use by another, the lease is rendered void and the right to possession reverts to the owner or lessor who is entitled to the remedy provided by law for forcible detention of the premises.
     (7) Any person who knowingly permits any building or premises owned or leased by the person, or under the person's control, or any part of any building or premises, to be used in maintaining a common nuisance as defined in this section, or who, after being notified in writing by a prosecuting officer or any citizen of the unlawful use, and who fails to take all proper

measures, either to abate the nuisance or to remove the person or persons from the premises, is guilty of assisting in the maintaining of the nuisance as provided in Section 76-10-804.

Amended by Chapter 5, 1991 General Session