Enforcement of qualifications for resort license or sublicense.

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  • (1) The commission or department may not take an action described in Subsection (2) with regard to a resort license unless the person who is found not to meet the qualifications of Subsection 32B-1-304(1) is one of the following who is engaged in the management of the resort:
    • (a) a partner;
    • (b) a managing agent;
    • (c) a manager;
    • (d) an officer;
    • (e) a director;
    • (f) a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation;
    • (g) a member who owns at least 20% of the limited liability company; or
    • (h) a person employed to act in a supervisory or managerial capacity for the resort licensee.
  • (2) Subsection (1) applies to:
    • (a) the commission immediately suspending or revoking a resort license, if after the day on which the resort license is issued, a person described in Subsection 32B-1-304(7)(a)(i):
      • (i) is found to have been convicted of an offense described in Subsection 32B-1-304(1)(a) before the commission issues the resort license; or
      • (ii) on or after the day on which the commission issues the resort license:
        • (A) is convicted of an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or
        • (B)
          • (I) is convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and
          • (II) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A);
    • (b) the director taking an emergency action by immediately suspending the operation of a resort license in accordance with Title 63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matter is being adjudicated if a person described in Subsection 32B-1-304(7)(a):
      • (i) is arrested on a charge for an offense described in Subsection 32B-1-304(1)(a)(i) or (ii); or
      • (ii)
        • (A) is arrested on a charge for the offense of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and
        • (B) was convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug within five years before the day on which the person is arrested on a charge described in Subsection (2)(b)(ii)(A); and
    • (c) the commission suspending or revoking a resort license because a person to whom the commission issues a resort license under this chapter no longer possesses the qualifications required by this title for obtaining the resort license.
  • (3) This section does not prevent the commission from suspending or revoking a sublicense that is part of a resort license if a person employed to act in a supervisory or managerial capacity for a sublicense no longer meets the qualification requirements in the provisions applicable to the sublicense.




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