Section 32B-8-501 - Enforcement of qualifications for resort license or sublicense(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: (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.Amended by Chapter 291, 2021 General Session ,§ 20, eff. 5/5/2021.Amended by Chapter 219, 2020 General Session ,§ 40, eff. 5/12/2020.Amended by Chapter 145, 2019 General Session ,§ 5, eff. 5/14/2019.Enacted by Chapter 276, 2010 General Session.