§ 32B-3-102 — Definitions.

As used in this chapter:
(1) "Aggravating circumstances" means:

(1)(a) prior warnings about compliance problems;
(1)(b) a prior violation history;
(1)(c) a lack of written policies governing employee conduct;
(1)(d) multiple violations during the course of an investigation;
(1)(e) efforts to conceal a violation;
(1)(f) an intentional violation;
(1)(g) the violation involved more than one patron or employee; or
(1)(h) a violation that results in injury or death.
(2) "Final adjudication" means an adjudication for which a final judgment or order is issued that:

(2)(a) is not appealed, and the time to appeal the judgment has expired; or
(2)(b) is appealed, and is affirmed, in whole or in part, on appeal.
(3) "Mitigating circumstances" means:

(3)(a) no prior violation history for the licensee or permittee;
(3)(b) no prior violation history for the individual who committed the violation;
(3)(c) motive for the individual who engaged in or allowed the violation to retaliate against the licensee or permittee; or
(3)(d) extraordinary cooperation with the investigation of the violation that demonstrates that the licensee or permittee and the individual who committed the violation accept responsibility for the violation.

Legislative History

Amended by Chapter 249, 2018 General Session; Amended by Chapter 281, 2018 General Session