32B-8-502. Enforcement of operational requirements for resort license or sublicense.
(1) Except as provided in Subsection, failure by a person described in Subsectionto comply with this chapter or, may result in disciplinary action in accordance with, against: (2) (1)(b) Chapter 8d, Sublicense Act Chapter 3, Disciplinary Actions and Enforcement Act a resort licensee; individual staff of a resort licensee; a sublicense or person otherwise operating under a sublicense; individual staff of a sublicense or person otherwise operating under a sublicense; or any combination of the persons listed in Subsectionsthrough. (1)(a)(i) (iv) This Subsectionapplies to: (1) a resort licensee; a sublicense or person operating under a sublicense of a resort license; or staff of a resort licensee or sublicensee or other person operating under a sublicense of a resort license.
(2) Notwithstanding the other provisions of this title, if the failure to comply with this chapter described in Subsectionrelates to a sale, offer for sale, or furnishing of an alcoholic product on sublicensed premises, a resort licensee or an individual member of the resort licensee's management personnel is subject to a sanction described in Subsection, only if the commission finds that: (1) (1) during the three years before the day on which the commission makes the finding, there are three or more disciplinary proceedings against any sublicensee or person operating under a sublicense of the resort licensee for failure to comply with an operational requirement applicable to the sublicense; and the resort licensee has not taken reasonable steps to prevent persons operating under a sublicense of the resort licensee from failing to comply with operational requirements applicable to the sublicense. This Subsectionapplies if the three or more disciplinary proceedings described in Subsectionare against: (2) (2)(a) the same person operating under a sublicense of the resort licensee; or two or more different persons operating under a sublicense of the resort licensee.