(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 Section 32B-8-203 is one of the following who is engaged in the management of the resort:

1. (a) a partner;
2. (b) a managing agent;
3. (c) a manager;
4. (d) an officer;
5. (e) a director;
6. (f) a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation;
7. (g) a member who owns at least 20% of the limited liability company; or
8. (h) a person employed to act in a supervisory or managerial capacity for the resort licensee.

(2) Subsection (1) applies to:

1. (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-8-203(1):

   1. (i) is found to have been convicted of an offense described in Subsection 32B-1-304(1)(a) before the resort license is issued; or

   2. (ii) on or after the day on which the resort license is issued:

      1. (A) is convicted of an offense described in Subsection 32B-1-304(1)(a)(i), (ii), or (iii); or

      2. (B)

         1. (I) is convicted of driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug; and
         2. (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);

2. (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-8-203(1):

   1. (i) is arrested on a charge for an offense described in Subsection 32B-1-304(1)(a)(i), (ii), or (iii); or

   2. (ii)

      1. (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
      2. (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
3. (c) the commission suspending or revoking a resort license because a person to whom a resort license is issued under this chapter no longer possesses the qualifications required by this title for obtaining the resort license.