Due South, Inc. v. Department of Alcoholic Beverage Control

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 "Com mission") and later by the district court in a trial de novo. The DABC cross-appeals, arguing that the district court wrongly conducted a trial de novo rather than reviewing the record created by…