32B-16-301. Bringing an action.

232 words·~1 min read·/ut/title-32b/chapter-16/32b-16-301·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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) .

Enacted by Chapter 276 , 2010 General Session