32A-4a-203 (Repealed 07/01/11) - Qualifications.
32A-4a-203 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a license to a person who is convicted of:
(i) a felony under a federal or state law;
(ii) a violation of a federal or state law or local ordinance concerning the sale,manufacture, distribution, warehousing, adulteration, or transportation of an alcoholic beverage;
(iii) a crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the resortlicense is granted, driving under the influence of alcohol, a drug, or the combined influence ofalcohol and a drug.
(b) For a partnership, corporation, or limited liability company, the proscription underSubsection (1)(a) applies if any of the following that will be engaged in the management of theresort is convicted of an offense 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 theapplicant corporation; or
(vii) a member who owns at least 20% of the applicant limited liability company.
(c) The proscription under Subsection (1)(a) applies if a person employed to act in asupervisory or managerial capacity for the resort licensee or in relation to a sublicense isconvicted of an offense described in Subsection (1)(a).
(2) Subject to Section 32A-4a-501, the commission may immediately suspend or revokea resort license or a sublicense, if after the day on which the resort license is granted, a persondescribed in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of an offense described in Subsection (1)(a) beforethe resort license is granted; or
(b) on or after the day on which the resort 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, a drug, or the combinedinfluence of alcohol and a drug; and
(B) was convicted of driving under the influence of alcohol, a drug, or the combinedinfluence of alcohol and a drug within five years before the day on which the person is convictedof the offense described in Subsection (2)(b)(ii)(A).
(3) Subject to Subsection 32A-4a-501, the director may take emergency action byimmediately suspending the operation of a resort license or sublicense in accordance with Title63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matteris being 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, adrug, or the combined influence of alcohol and a drug; and
(ii) was convicted of driving under the influence of alcohol, a drug, or the combinedinfluence of alcohol and a 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 a resort license to a person who has had anytype of license, agency, or permit granted under this title revoked within the three years beforethe day on which the application for a resort license is filed.
(ii) The commission may not grant a resort license to an applicant that is a partnership,corporation, or limited liability company if a partner, managing agent, manager, officer, director,or stockholder who holds at least 20% of the total issued and outstanding stock of an applicantcorporation, or member who owns at least 20% of an applicant limited liability company, willengage in the management of the resort, and is or was:
(A) a partner or managing agent of a partnership that had any type of license, agency, orpermit issued under this title revoked within three years prior to the day on which the applicationfor the resort license is filed;
(B) a managing agent, officer, director, or stockholder who holds or held at least 20% ofthe total issued and outstanding stock of a corporation that had any type of license, agency, orpermit issued under this title revoked within three years before the day on which the applicationfor the resort license is filed; or
(C) a manager or member who owns or owned at least 20% of a limited liabilitycompany that had any type of license, agency, or permit issued under this title revoked withinthree years prior to the day on which the application for the resort license is filed.
(b) The commission may not grant a resort license to an applicant that is a partnership,corporation, or limited liability company if any of the following who will engage in themanagement of the resort had any type of license, agency, or permit issued under this titlerevoked while acting in their individual capacity within three years before the day on which theapplication for the resort license is filed:
(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.
(c) The commission may not grant a person acting in an individual capacity a resortlicense if that person was:
(i) a partner or managing agent of a partnership that had any type of license, agency, orpermit granted under this title revoked within three years prior to the day on which theapplication for the resort license is filed;
(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 three years prior to the day on which the application for theresort license is filed; or
(iii) a manager or member who owned at least 20% of the limited liability company thathad any type of license, agency, or permit issued under this title revoked within three years priorto the day on which the application for the resort license is filed.
(5) (a) The commission may not grant a minor a resort license.
(b) The commission may not grant a resort license to an applicant that is 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 total
issued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(6) Subject to Section 32A-4a-501, if a person to whom a resort license is granted underthis chapter no longer possesses the qualifications required by this title for obtaining the resortlicense, the commission may suspend or revoke the resort license.
(7) (a) A person employed to act in a supervisory or managerial capacity for a sublicenseis subject to the qualification requirements in the provisions applicable to the sublicense.
(b) If a person described under Subsection (7)(a) no longer possesses the qualificationsrequired by this Subsection (7), the commission may suspend or revoke the sublicense that is partof the resort license.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session