(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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