32A-5-103 (Repealed 07/01/11) - Qualifications.
32A-5-103 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a club license to a person who has been convictedof:
(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 alcoholic beverages;
(iii) a 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, a drug, or the combined influence of alcohol anda 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 an 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 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 a club has been convicted of an offense described inSubsection (1)(a).
(2) The commission may immediately suspend or revoke a club license if after the day onwhich the club license is granted, a person described in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of an offense described in Subsection (1)(a) prior tothe club license being granted; or
(b) on or after the day on which the club 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) The director may take emergency action by immediately suspending the operation ofa club license according to the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act, for the period during which the criminal matter is beingadjudicated 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 club license to a person who has had any typeof license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a club license to an applicant that is 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 an applicantcorporation, or member who owns at least 20% of an applicant limited liability company is orwas:
(A) 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;
(B) a managing agent, officer, director, or a stockholder who holds or held at least 20%of the total issued and outstanding stock of a 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 a 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 a club license if any of the following had any type of license, agency, or permit issuedunder this title revoked while acting in that person's individual capacity within the last threeyears:
(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 owned at least 20% of the applicant limited liabilitycompany.
(c) A person acting in an individual capacity may not be granted a club license if thatperson 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 a limited liability company who owned at least 20% of thelimited 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 a club license.
(b) The commission may not grant a club 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 totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(6) If a person to whom a club license is granted under this chapter no longer possessesthe qualifications required by this title for obtaining that license, the commission may suspend orrevoke that license.
(7) The commission may not grant a club license to an applicant who is not lawfullypresent in the United States.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session