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You need JavaScript enabled to view it. Account Access. This court will construe a challenged statute to avoid constitutional infirmities wherever possible. Society of Separationists, Inc. Whitehead , P. The Commission must similarly prefer a constitutional reading of a statute over an unconstitutional interpretation thereof. Chris Dick's Lumber Hardware v. Therefore, we will find the statute unconstitutional only if petitioners can demonstrate that the statute is either facially unconstitutional or unconstitutional as applied.

In making this determination, we will resolve any reasonable doubt in favor of constitutionality. Society of Separationists , P. An enactment will be held unconstitutionally vague only if the terms of the law are so ambiguous that persons of ordinary intelligence are unable to determine whether their acts conform to the law. Kolender v. Lawson , U. City of Jacksonville , U. The only language that petitioners argue is impermissibly vague is the phrase which indicates that club licensees may not allow their premises to be used to violate "any.

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Petitioners do not argue that this phrase is subject to differing interpretations, nor do they attempt to show that as licensees they are unable to determine whether their conduct conforms to the statute. The only support petitioners offer for their position is Atlanta Attractions, Inc. Massell , F. In that case, the plaintiff's liquor license had been suspended for allegedly violating several state ordinances.

The Georgia scheme allowed for the revocation of a liquor license by the state alcoholic beverage control commission whenever that commission found "due cause. Massell offers no support for petitioners in this instance, however. First, a showing of overbreadth is not a showing of vagueness. State v. Hoffman , P. Second, we find the language "for due cause" to be distinguishable from language which requires a club to certify that it will not use its premises for gambling or violation of any other laws. While the Utah law may be strict, it is not so vaguely drafted as to make persons of ordinary intelligence guess at whether they are comporting with its requirements.

We also note that the language of the Georgia statute allows for arbitrary enforcement through the broadly framed term "due cause. In fact, Utah's statute requires the action to be taken by club incorporators, who are required to include a statement of compliance in the club's bylaws. The Georgia statute required Alcoholic Beverage Control officials to make the determination of whether the clubs were complying with all state and local ordinances or whether there was "due cause" to revoke the license.


The statute was problematic because the operative phrase "due cause" was so broad as to open the door to abuse, as no restrictions or guidelines were imposed on the commission in making this determination. The facts in the Georgia case are so different from those in our case as to make it entirely inapposite.

Because petitioners have made no showing, either legally or factually, to support their contention that the language of the challenged Utah statute is subject to arbitrary enforcement or to differing but reasonable interpretations, we hold that the language is not unconstitutionally vague.

We also hold that the language is not overly broad.

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Statutory language is overbroad if its language proscribes both harmful and innocuous behavior. Stated another way, a statute is overbroad if it attempts to sanction constitutionally protected activities. Frampton , P. Because the statute in question proscribes club licensees only from allowing activities that are already illegal from taking place on their premises, it does not sanction any protected behavior. Also, unlike the Georgia statute, which as noted above places broad discretion in the hands of enforcement officials, the language in Utah's statute is not so broad as to either risk arbitrary enforcement or sanction protected behavior.

Therefore, we affirm the Commission's ruling that the challenged language is not unconstitutionally broad. See also Roberts , U. To make this point, they rely on our decision in Williams v. Public Service Commission , P. Moreover, we stated, "To insure that the administrative powers of the [commission] are not over extended, 'any reasonable doubt of the existence of any power must be resolved against the exercise thereof. Comm'n v. Again, because this issue was recently decided by this court in Beynon , we can quickly dispose of petitioners' claims.

In making its determination that it could suspend petitioners' liquor licenses for failing to comply with the UCRA, the Commission relied on Utah Code Ann. Those statutes give the Commission the power to suspend the license of any club that does not comport with all of the prerequisites set forth in the statutes for obtaining a license.

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This power is not disputed by petitioners. However, they deny that the UCRA applies to private clubs and, hence, argue that even if petitioners were not comporting with the UCRA, the UCRA does not provide the Commission with a basis for suspending their licenses because that Act is inapplicable to them.

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The statutes further authorize the Commission to make these decisions on the basis of the contents of a club's articles, bylaws, or house rules. This would likewise apply to the Moose. Therefore, on the basis of Beynon and the authorities cited therein, if the Commission finds that any of the Elks or Moose clubs are violating the UCRA, it has the authority to suspend the liquor licenses issued to those organizations.

Finally, petitioners contend that even if the UCRA applies to them, the Commission's determination that petitioners have violated the Act is erroneous and must be reversed by this court. As indicated above, when the Commission is interpreting a general state law such as the UCRA, we will review its decision for correctness. Zissi v. The Commission held that because the bylaws of each organization state that only males and only white males in the case of the Tooele Elks Lodge may be members in the private liquor club, petitioners' actions do not conform to this court's decision in Beynon and constitute acts of discrimination in violation of the UCRA.

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  5. However, petitioners now attempt to circumvent the effects of that decision by allowing women in auxiliary units of the clubs to purchase liquor. Therefore, petitioners argue, because women have access to the clubs' liquor facilities, they are not discriminated against in any way. We are unpersuaded. It is undisputed that petitioners do not allow women to become members of the private club holding the liquor license. While allowed to purchase liquor, women are considered "guests" of the men who sponsor their participation in the social club.

    As guests, these women are not allowed to vote or otherwise participate in the management of the liquor-selling entity. This is precisely the type of prohibited discrimination found by the Supreme Court in Roberts , U.