2006 Utah Code - 32A-15a-102 — Definitions.

     32A-15a-102.   Definitions.
     (1) As used in this chapter:
     (a) "Objecting governmental entity" means:
     (i) a local government entity;
     (ii) a prosecutor's office; or
     (iii) a law enforcement agency.
     (b) "Nuisance activity" means:
     (i) a judicial finding that a licensed establishment is a common public nuisance under Section 32A-13-106;
     (ii) a single felony conviction within the last two years of:
     (A) a retail licensee; or
     (B) any supervisory or managerial level employee of the licensee;
     (iii) a single conviction under Title 58, Chapter 37, Utah Controlled Substances Act:
     (A) (I) of a retail licensee; or
     (II) an employee of the licensee;
     (B) within the last two years; and
     (C) made on the basis of activities that occurred on the licensed premises;
     (iv) three or more convictions of patrons of a retail licensee under Title 58, Chapter 37, Utah Controlled Substances Act, if:
     (A) the convictions are made on the basis of activities that occurred on the licensed premises; and
     (B) there is evidence that the licensee knew or should have known of the illegal activity;
     (v) a single conviction within the last two years of a retail licensee or any employee of the licensee that is made on the basis of:
     (A) pornographic and harmful materials:
     (I) that are in violation of Title 76, Chapter 10, Part 12, Pornographic and Harmful Materials and Performances; and
     (II) if the violation occurs on the licensed premises;
     (B) prostitution;
     (C) engaging in or permitting gambling, or having any video gaming device, as defined and proscribed by Title 76, Chapter 10, Part 11, Gambling, on the licensed premises;
     (D) a disturbance of the peace that occurs on the licensed premises; or
     (E) disorderly conduct that occurs on the licensed premises; or
     (vi) three or more adjudicated violations of this title within the last two years by a retail licensee or by the retail licensee's employees that result in a criminal citation or an administrative referral to the department relating to:
     (A) the sale, service, or furnishing of alcohol to a minor;
     (B) the sale, service, or furnishing of alcohol to a person actually, apparently, or obviously intoxicated;
     (C) the sale or service of alcohol after lawful sales or service hours; or
     (D) acts or conduct on the licensed premises contrary to the public welfare and morals involving lewd acts or lewd entertainment prohibited by this title.
     (2) For purposes of Subsection (1)(b), "retail licensee" means:
     (a) a person to whom a retail license has been issued by the commission; and
     (b) in the case of a licensee that is a partnership, corporation, or limited liability company

any of the following that is convicted of any offense described in Subsection (1)(b):
     (i) a partner;
     (ii) a managing agent;
     (iii) a manager;
     (iv) an officer;
     (v) a director;
     (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a corporate licensee; or
     (vii) a member who owns at least 20% of a limited liability company licensee.

Enacted by Chapter 314, 2003 General Session