2006 Utah Code - 32A-15a-201 — Commission to prohibit nuisance activities by licensees -- License not renewed.

     32A-15a-201.   Commission to prohibit nuisance activities by licensees -- License not renewed.
     (1) In accordance with Section 32A-1-103, the commission shall require a retail licensee as a condition of being licensed under this title to operate in a manner so as not to endanger the public health, peace, safety, welfare, or morals of the community.
     (2) (a) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, and Sections 32A-15a-202 and 32A-15a-203, the commission may deny the renewal of any retail license issued under this title if:
     (i) a formal objection to the renewal is filed; and
     (ii) the commission determines that the retail licensee has engaged in nuisance activities to such an extent that the nuisance activities have adversely impacted the public health, peace, safety, welfare, or morals of the neighboring community of the licensed premises.
     (b) In making a determination under this Subsection (2), the commission may consider:
     (i) the types of nuisance activities in which a licensee has engaged;
     (ii) the frequency or pattern of the nuisance activities; and
     (iii) the retail licensee's notice of and failure to abate or correct the nuisance activities.

Enacted by Chapter 314, 2003 General Session