32B-1-306 (Effective 07/01/11) - Use of information from a criminal background check.
32B-1-306 (Effective 07/01/11). Use of information from a criminal backgroundcheck.
The commission or department may use information obtained pursuant to Section32B-1-305 only for one or more of the following purposes:
(1) enforcing this title;
(2) determining whether an individual is convicted of any of the following offenses thatdisqualify the individual under this title from acting in a capacity described in Subsection32B-1-305(2):
(a) a felony under federal law or state law;
(b) 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;
(c) a crime involving moral turpitude; or
(d) on two or more occasions within the previous five years, driving under the influenceof alcohol, drugs, or the combined influence of alcohol and drugs;
(3) determining whether an individual fails to accurately disclose the person's criminalhistory on an application or document filed with the department or commission;
(4) approving or denying an application for employment with the department;
(5) taking disciplinary action against a department employee, including possibletermination of employment;
(6) issuing or denying an application to operate a package agency;
(7) issuing or denying an application for a license;
(8) issuing or denying the renewal of a package agency agreement;
(9) issuing or denying the renewal of a license;
(10) suspending the operation of a package agency;
(11) terminating a package agency contract; or
(12) suspending or revoking a license.
Enacted by Chapter 276, 2010 General Session