32B-1-304 (Effective 07/01/11) - Qualifications for a package agency, license, or permit -- Minors.
32B-1-304 (Effective 07/01/11). Qualifications for a package agency, license, orpermit -- Minors.
(1) (a) The commission may not issue a package agency, license, or permit to a personwho has been convicted of:
(i) a felony under a federal law or state law;
(ii) a violation of a federal law, state law, or local ordinance concerning the sale, offer forsale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholicproduct;
(iii) a crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the packageagency, license, or permit is issued, driving under the influence of alcohol, drugs, or thecombined influence of alcohol and drugs.
(b) If the person is a partnership, corporation, or limited liability company, theproscription under Subsection (1)(a) applies if any of the following has been convicted of anoffense described 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 thecorporation; or
(vii) a member who owns at least 20% of the limited liability company.
(c) The proscription under Subsection (1)(a) applies if a person who is employed to act ina supervisory or managerial capacity for a package agency, licensee, or permittee has beenconvicted of an offense described in Subsection (1)(a).
(2) The commission may immediately suspend or revoke a package agency, license, orpermit, and terminate a package agency agreement, if a person described in Subsection (1):
(a) after the day on which the package agency, license, or permit is issued, is found tohave been convicted of an offense described in Subsection (1)(a) before the package agency,license, or permit is issued; or
(b) on or after the day on which the package agency, license, or permit is issued:
(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, drugs, or the combinedinfluence of alcohol and drugs; and
(B) was convicted of driving under the influence of alcohol, drugs, or the combinedinfluence of alcohol and drugs within five years before the day on which the person is convictedof the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately suspending the operation ofthe package agency, licensee, or permittee for the period during which a criminal matter is beingadjudicated if a person described in Subsection (1):
(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,drugs, or the combined influence of alcohol and drugs; and
(ii) was convicted of driving under the influence of alcohol, drugs, or the combined
influence of alcohol and drugs within five years before the day on which the person is arrested ona charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not issue a package agency, license, or permit to a personwho has had any type of agency, license, or permit issued under this title revoked within the lastthree years.
(ii) The commission may not issue a package agency, license, or permit to a partnership,corporation, or limited liability company if a partner, managing agent, manager, officer, director,stockholder who holds at least 20% of the total issued and outstanding stock of the corporation,or member who owns at least 20% of the limited liability company is or was:
(A) a partner or managing agent of a partnership that had any type of agency, license, orpermit 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 agency, license, 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 a limited liabilitycompany that had any type of agency, license, or permit issued under this title revoked within thelast three years.
(b) The commission may not issue a package agency, licence, or permit to a partnership,corporation, or limited liability company if any of the following had any type of agency, license,or permit issued under this title revoked while acting in that person's individual capacity withinthe last three years:
(i) a partner or managing agent of a partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the totalissued and outstanding stock of a corporation; or
(iii) a manager or member who owns at least 20% of a limited liability company.
(c) The commission may not issue a package agency, license, or permit to a person actingin an individual capacity if that person was:
(i) a partner or managing agent of a partnership that had any type of agency, license, 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 agency, license, or permitissued under this title revoked within the last three years; or
(iii) a manager or member who owned at least 20% of the limited liability company thathad any type of agency, license, or permit issued under this title revoked within the last threeyears.
(5) (a) The commission may not issue a package agency, license, or permit to a minor.
(b) The commission may not issue a package agency, license, or permit to a partnership,corporation, or limited liability company if any of the following is a minor:
(i) a partner or managing agent of the partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the totalissued and outstanding stock of the corporation; or
(iii) a manager or member who owns at least 20% of the limited liability company.
(6) If a package agent, licensee, or permittee no longer possesses the qualificationsrequired by this title for obtaining a package agency, license, or permit, the commission mayterminate the package agency agreement, or revoke the license or permit.
Enacted by Chapter 276, 2010 General Session