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DUE SOUTH, INC. v. DEPT. OF ALCOHOL. BEV. CONTROL

No. 20060971.

197 P.3d 82 (2008)

2008 UT 71

DUE SOUTH, INC. dba Southern X-posure, Petitioner, Appellant, and Cross-Appellee, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Respondent, Appellee, and Cross-Appellant.

Supreme Court of Utah.

October 10, 2008.

Attorney(s) appearing for the Case

M. David Eckersley, Michael N. Zundel, Glenn R. Bronson, Salt Lake City, for appellant.

Mark L. Shurtleff, Att'y Gen., Thom D. Roberts, Asst. Att'y Gen., Salt Lake City, for appellee.

PARRISH, Justice:

INTRODUCTION

¶ 1 Following two incidents in 2002, the Department of Alcoholic Beverage Control (the "DABC") found Due South, Inc. ("Due South") liable for three statutory violations of the Alcoholic Beverage Control Act. Due South appeals. Challenging, among other issues, the definition of "intoxication" as applied to Utah Code section 32A-12-216 (2001) by the DABC Commission (the "Commission")

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