32A-6-103 (Repealed 07/01/11) - Qualifications.
32A-6-103 (Repealed 07/01/11). Qualifications.
(1) Special use permits may be granted only to the following persons or organizations:
(a) a religious wine use permit may be granted to a church or religious organization;
(b) an industrial or manufacturing use permit may be granted to a person or organizationengaged in an industrial or manufacturing pursuit;
(c) a scientific or educational use permit may be granted to a person or organizationengaged in a scientific or educational pursuit;
(d) a health care facility use permit may be granted to a hospital or health care facility;and
(e) a public service permit may be granted to an operator of an airline, railroad, or otherpublic conveyance.
(2) (a) The commission may not issue a special use permit to any person who has beenconvicted 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 products;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the specialuse permit is granted, driving under the influence of alcohol, any drug, or the combined influenceof alcohol and any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscriptionunder Subsection (2)(a) applies if any of the following has been convicted of any offensedescribed in Subsection (2)(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 anapplicant corporation; or
(vii) a member who owns at least 20% of an applicant limited liability company.
(c) The proscription under Subsection (2)(a) applies if any person employed to act in asupervisory or managerial capacity for a special use permittee has been convicted of any offensedescribed in Subsection (2)(a).
(3) The commission may immediately suspend or revoke a special use permit if after theday on which the special use permit is granted, a person described in Subsection (2)(a), (b), or(c):
(a) is found to have been convicted of any offense described in Subsection (2)(a) prior tothe permit being granted; or
(b) on or after the day on which the permit is granted:
(i) is convicted of an offense described in Subsection (2)(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 is
convicted of the offense described in Subsection (3)(b)(ii)(A).
(4) The director may take emergency action by immediately suspending the operation ofa special use permit 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 (2)(a), (b), or (c):
(a) is arrested on a charge described in Subsection (2)(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 combinedinfluence of alcohol and any drug within five years before the day on which the person is arrestedon a charge described in Subsection (4)(b)(i).
(5) (a) (i) The commission may not grant a special use permit to any person who has hadany type of license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a special use permit to any applicant that is apartnership, corporation, or limited liability company if any partner, managing agent, manager,officer, director, stockholder who holds at least 20% of the total issued and outstanding stock ofthe applicant corporation, or member who owns at least 20% of the applicant limited liabilitycompany 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 a special use permit if any of the following had any type of license, agency, or permitissued under this title revoked while acting in that person's individual capacity within the lastthree 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 who owns at least 20% of the applicant limited liabilitycompany.
(c) A person acting in an individual capacity may not be granted a special use permit ifthat 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 who owned at least 20% of a limited liability company thathad any type of license, agency, or permit revoked within the last three years.
(6) (a) A minor may not be:
(i) granted a special use permit; or
(ii) employed by a permittee to handle alcoholic beverages.
(b) The commission may not grant a special use permit to an applicant that is apartnership, 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.
(7) If any person to whom a permit has been issued under this chapter no longerpossesses the qualifications required by this title for obtaining that permit, the commission maysuspend or revoke that permit.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session