32A-10-203 (Repealed 07/01/11) - Qualifications. - Utah Statutes

32A-10-203 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant an on-premise beer retailer license to any personwho has been convicted of:
(i) a felony under any federal or state law;
(ii) any violation of any federal or state law or local ordinance concerning the sale,manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
(iii) of any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the license isgranted, driving under the influence of alcohol, any drug, or the combined influence of alcoholand any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscriptionunder Subsection (1)(a) applies if any of the following has been convicted of any offensedescribed in Subsection (1)(a):
(i) a partner;
(ii) a managing agent;
(iii) a manager;
(iv) an officer;
(v) a director;
(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of theapplicant corporation; or
(vii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(c) The proscription under Subsection (1)(a) applies if any person employed to act in asupervisory or managerial capacity for the on-premise beer retailer has been convicted of anyoffense described in Subsection (1)(a).
(2) The commission may immediately suspend or revoke an on-premise beer retailerlicense if after the day on which the on-premise beer retailer license is granted, a persondescribed in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (1)(a) prior tothe license being granted; or
(b) on or after the day on which the license is granted:
(i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
(ii) (A) is convicted of driving under the influence of alcohol, any drug, or the combinedinfluence of alcohol and any drug; and
(B) was convicted of driving under the influence of alcohol, any drug, or the combinedinfluence of alcohol and any drug within five years before the day on which the person isconvicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately suspending the operation ofan on-premise beer retailer license according to the procedures and requirements of Title 63G,Chapter 4, Administrative Procedures Act, for the period during which the criminal matter isbeing adjudicated if a person described in Subsection (1)(a), (b), or (c):
(a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii); or
(b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,any drug, or the combined influence of alcohol and any drug; and
(ii) was convicted of driving under the influence of alcohol, any drug, or the combined

influence of alcohol and any drug within five years before the day on which the person is arrestedon a charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not grant an on-premise beer retailer license to anyperson who has had any type of license, agency, or permit issued under this title revoked withinthe last three years.
(ii) The commission may not grant an on-premise beer retailer license to any applicantthat is a partnership, corporation, or limited liability company if any partner, managing agent,manager, officer, director, stockholder who holds at least 20% of the total issued and outstandingstock of the applicant corporation, or member who owns at least 20% of the applicant limitedliability company is or was:
(A) a partner or managing agent of any partnership that had any type of license, agency,or permit issued under this title revoked within the last three years;
(B) a managing agent, officer, director, or stockholder who holds or held at least 20% ofthe total issued and outstanding stock of any corporation that had any type of license, agency, orpermit issued under this title revoked within the last three years; or
(C) a manager or member who owns or owned at least 20% of any limited liabilitycompany that had any type of license, agency, or permit issued under this title revoked within thelast three years.
(b) An applicant that is a partnership, corporation, or limited liability company may notbe granted an on-premise beer retailer license if any of the following had any type of license,agency, or permit issued under this title revoked while acting in that person's individual capacitywithin the last three years:
(i) any partner or managing agent of the applicant partnership;
(ii) any managing agent, officer, director, or stockholder who holds at least 20% of thetotal issued and outstanding stock of the applicant corporation; or
(iii) any manager or member company who owns at least 20% of the applicant limitedliability company.
(c) A person acting in an individual capacity may not be granted an on-premise beerretailer license if that person was:
(i) a partner or managing agent of a partnership that had any type of license, agency, orpermit issued under this title revoked within the last three years;
(ii) a managing agent, officer, director, or stockholder who held at least 20% of the totalissued and outstanding stock of a corporation that had any type of license, agency, or permitissued under this title revoked within the last three years; or
(iii) a manager or member of any limited liability company who owned at least 20% of alimited liability company that had any type of license, agency, or permit issued under this titlerevoked within the last three years.
(5) (a) A minor may not be granted an on-premise beer retailer license.
(b) The commission may not grant a on-premise beer retailer license to an applicant thatis a partnership, corporation, or limited liability company if any of the following is a minor:
(i) a partner or managing agent of the applicant partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.

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(6) If any person to whom a license has been issued under this part no longer possessesthe qualifications required by this title for obtaining that license, the commission may suspend orrevoke that license.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session