Bringing an action.

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  • (1) Subject to the other provisions of this section, a retail licensee to whom a minor is liable under Section 32B-16-201 may bring an action in a court of competent jurisdiction to collect the amount described in Section 32B-16-201.
  • (2) The action allowed under this section may be brought against:
    • (a) the minor; or
    • (b) if the minor is less than 18 years of age, a parent or guardian of the minor.
  • (3) An action under this chapter may not be commenced more than two years after the day on which the applicable fine is imposed by the commission.
  • (4) Nothing in this chapter precludes a cause of action or additional recovery against a minor under law other than this chapter.
  • (5) Notwithstanding the other provisions of this part:
    • (a) the state or an agency of the state is not liable under this part when a state agency has legal or protective custody of, or has guardianship of a minor at the time:
      • (i) the minor engages in conduct with regard to a violation related to a minor; or
      • (ii) an applicable fine is imposed on the retail licensee by the commission; and
    • (b) a retail licensee may not bring an action against the state or an agency of the state under the circumstances described in Subsection (5)(a).




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