32A-10-103 (Repealed 07/01/11) - Alcohol training and education for off-premise consumption -- Requirements on off-premise beer retailer licensees -- Penalties related to sales to minors -- Hearings -
32A-10-103 (Repealed 07/01/11). Alcohol training and education for off-premiseconsumption -- Requirements on off-premise beer retailer licensees -- Penalties related tosales to minors -- Hearings -- Tracking.
(1) (a) A local authority that issues an off-premise beer retailer license to a business tosell beer at retail for off-premise consumption shall require the following to have a validcertificate that the individual completed an alcohol training and education seminar required bySection 62A-15-401 in the time frames required by Subsection (1)(b), any individual who:
(i) directly supervises the sale of beer to a customer for consumption off the premises ofthe off-premise beer retailer licensee; or
(ii) sells beer to a customer for consumption off the premises of the off-premise beerretailer licensee.
(b) (i) An individual shall complete an alcohol training and education seminar requiredby Section 62A-15-401 within 30 days of the day on which the individual is employed by anoff-premise beer retailer licensee if the individual:
(A) is employed on or after September 1, 2006; and
(B) on the date of employment, does not have a valid certificate that the individual hascompleted an alcohol training and education seminar for purposes of this section.
(ii) An individual shall complete an alcohol training and education seminar by not laterthan October 1, 2006 if the individual:
(A) is employed before September 1, 2006; and
(B) on September 1, 2006, does not have a valid certificate that the individual hascompleted an alcohol training and education seminar for purposes of this section.
(iii) The validity of a certificate that an individual has completed an alcohol training andeducation seminar required by this section is governed by Section 62A-15-401.
(2) In accordance with Section 32A-1-401, a local authority may immediately suspendthe license of an off-premise beer retailer that allows an employee to directly supervise the saleof beer or to sell beer to a customer without having a valid certificate that the individualcompleted an alcohol training and education seminar in accordance with Subsection (1).
(3) (a) Each employee of a licensed off-premise beer retailer who directly supervises thesale of beer or who sells beer to a customer for consumption off the premises of the off-premisebeer retailer shall wear a unique identification badge:
(i) on the front of the employee's clothing;
(ii) visible above the waist;
(iii) bearing the employee's:
(A) first or last name;
(B) initials; or
(C) unique identification in letters or numbers; and
(iv) with the number or letters on the unique identification badge being sufficiently largeto be clearly visible and identifiable while engaging in or directly supervising the retail sale ofbeer.
(b) (i) An off-premise beer retailer licensee shall maintain a record of all currentemployee unique identification badges assigned by the off-premise beer retailer licensee.
(ii) The record required to be maintained under Subsection (3)(b)(i) shall:
(A) be available for immediate inspection by:
(I) any peace officer; or
(II) a representative of the local licensing authority; and
(B) include the employee's:
(I) full name;
(II) address; and
(III) (Aa) driver license number; or
(Bb) similar identification number.
(c) A local authority may impose a fine of up to $250 against any off-premise beerretailer that does not comply or require its employees to comply with this Subsection (3).
(4) (a) In addition to any criminal penalties that may be imposed, an individual is subjectto the administrative penalties imposed by a local authority described in Subsection (4)(b) if:
(i) that individual:
(A) completes an alcohol training and education seminar required by Subsection (1); and
(B) after completing the alcohol training and education seminar required by Subsection(1), is found in violation of any law involving the sale of an alcoholic beverage to a minor;
(ii) the violation described in Subsection (4)(a)(i)(B) is based on conduct that occurswhile the individual is on duty as an employee of an off-premise beer retailer licensee; and
(iii) the local authority brings an adjudicative proceeding against the individual.
(b) If the conditions of Subsection (4)(a) are met, a local authority shall impose thefollowing administrative penalties:
(i) upon a first violation, the individual may not sell or directly supervise the sale of beerto a customer for consumption off the premises of the off-premise beer retailer licensee until theindividual retakes and completes an alcohol training and education seminar described in Section62A-15-401;
(ii) upon a second violation, the individual may not sell or directly supervise the sale ofbeer to a customer for consumption off the premises of the off-premise beer retailer licensee untilthe later of:
(A) 90 days from the day on which the administrative penalty is imposed; and
(B) the day on which the individual:
(I) retakes and completes the alcohol training and education seminar described in Section62A-15-401; and
(II) completes any additional training that the local authority may require; and
(iii) upon a third or subsequent violation, the individual may not sell or directly supervisethe sale of beer to a customer for consumption off the premises of the off-premise beer retailerlicensee until the later of:
(A) one year from the day on which the administrative penalty is imposed; and
(B) the day on which the individual:
(I) retakes and completes an alcohol training and education seminar described in Section62A-15-401; and
(II) completes any additional training that the local authority may require.
(c) (i) During the period of time an individual is prohibited from selling or directlysupervising the sale of beer under Subsection (4)(b), an off-premise beer retailer licensee may notallow that individual to:
(A) directly supervise the sale of beer for the off-premise beer retailer licensee; or
(B) sell beer for the off-premise beer retailer licensee.
(ii) A violation of this Subsection (4)(c) is grounds for the immediate suspension of the
off-premise beer retailer's license.
(5) (a) In addition to any criminal penalties that may be imposed, an off-premise beerretailer licensee is subject to the administrative penalties imposed by a local authority describedin Subsection (5)(b) if:
(i) an employee of the off-premise beer retailer licensee is found in violation of any lawinvolving the sale of alcoholic beverage to a minor;
(ii) the violation described in Subsection (5)(a)(i) occurs while the employee is on dutyfor the off-premise beer retailer licensee; and
(iii) the local authority brings an adjudicative proceeding against the off-premise beerretailer licensee.
(b) If the conditions of Subsection (5)(a) are met, a local authority shall impose thefollowing administrative penalties:
(i) upon a first violation, the off-premise beer retailer licensee shall be issued a writtenwarning;
(ii) upon a second violation, the off-premise beer retailer licensee shall pay a civil fine of$250;
(iii) upon a third violation, the off-premise beer retailer licensee shall pay a civil fine of$500;
(iv) upon a fourth or subsequent violation, the off-premise beer retailer licensee shall:
(A) pay a civil fine of $500;
(B) have its license to sell beer suspended for a period of 30 consecutive days from thedate on which the administrative penalty is imposed; and
(C) be placed on probation for a period of one year from the date on which theadministrative penalty is imposed; and
(v) upon any violation by the off-premise beer retailer licensee or any on-duty employeeof the off-premise beer retailer licensee during the period of probation specified in Subsection(5)(b)(iv)(C):
(A) the off-premise beer retailer licensee's license to sell beer shall be revoked; and
(B) the off-premise beer retailer licensee is not eligible to reapply for a new license for atleast six months from the date of revocation.
(c) (i) An off-premise beer retailer licensee's failure to pay a fine imposed under thisSubsection (5) within 30 days of the day on which the fine is imposed is grounds for theimmediate suspension of the off-premise beer retailer licensee's license to sell beer until paymentis made.
(ii) An off-premise beer retailer licensee's failure to pay the fine described in Subsection(5)(c)(i) within 30 days of the day on which the license is suspended under Subsection (5)(c)(i) isgrounds for revocation of the licensee's license to sell beer.
(6) (a) Any local authority that adjudicates an administrative penalty for a violation ofany law involving the sale of an alcoholic beverage to any minor pursuant to Subsection (4) or(5), shall:
(i) maintain a record of the adjudicated violation until the record is expunged underSubsection (6)(c);
(ii) include in the record described in Subsection (6)(a)(i):
(A) the name of the individual who committed the violation;
(B) the name of the off-premise beer retailer licensee for whom the individual was
employed at the time of the violation; and
(C) the date of the adjudication of the violation; and
(iii) provide the Highway Safety Office of the Department of Public Safety within 30days of the date on which a violation is adjudicated the information described in Subsection(6)(a)(ii).
(b) (i) The Highway Safety Office shall develop and operate a system to collect, analyze,maintain, track, and disseminate the violation history information received under Subsection(6)(a).
(ii) The system described in Subsection (6)(b)(i) shall be made available to:
(A) assist a local authority in assessing administrative penalties under Subsection (4);and
(B) inform an off-premise beer retailer licensee of an individual who has anadministrative violation history under Subsection (4).
(iii) The Highway Safety Office shall maintain a record of violation history informationreceived pursuant to Subsection (6)(a) until the record is expunged under Subsection (6)(c).
(c) (i) A local authority and the Highway Safety Office shall expunge from the recordsmaintained under this Subsection (6) an administrative penalty imposed under Subsection (4) forpurposes of determining future administrative penalties under Subsection (4) if the individual hasnot been found in violation of any law involving the sale of an alcoholic beverage to a minor fora period of 36 consecutive months from the day on which the individual is last adjudicated asviolating a law involving the sale of an alcoholic beverage to a minor.
(ii) A local authority shall expunge from the records maintained by the local authority anadministrative penalty imposed under Subsection (5) against an off-premise beer retailer licenseefor purposes of determining future administrative penalties under Subsection (5) if theoff-premise beer retailer licensee or any employee of that off-premise beer retailer licensee hasnot been found in violation of any law involving the sale of an alcoholic beverage to a minor fora period of 36 consecutive months from the day on which the off-premise beer retailer licensee orits employee is last adjudicated as violating a law involving the sale of an alcoholic beverage to aminor.
(7) (a) A local authority shall conduct a hearing if an off-premise beer retailer licensee orindividual identified in Subsection (1) requests a hearing before the local authority.
(b) A local authority conducting a hearing under this Subsection (7) shall provide theperson requesting the hearing:
(i) notice of the hearing; and
(ii) an opportunity to be heard at the hearing.
(8) The Highway Safety Office of the Department of Public Safety shall administer aprogram to:
(a) reimburse a municipal or county law enforcement agency:
(i) for the actual costs of an alcohol-related compliance check investigation conductedpursuant to Section 77-39-101 on the premises of an off-premise beer retailer;
(ii) for any administrative costs associated with reporting the compliance checkinvestigation described in Subsection (8)(a)(i);
(iii) if the municipal or county law enforcement agency completes and submits to theHighway Safety Office a report within 90 days of the compliance check investigation describedin Subsection (8)(a)(i) in a format required by the Highway Safety Office; and
(iv) in the order that the municipal or county law enforcement agency submits the reportrequired by Subsection (8)(a)(iii) until the amount allocated by the Highway Safety Office toreimburse a municipal or county law enforcement agency is spent;
(b) develop and operate a system to collect, analyze, maintain, track, and disseminateviolation history information pursuant to Subsection (6); and
(c) have the Highway Safety Office report to the Utah Substance Abuse AdvisoryCouncil by no later than October 1 following a fiscal year on the following funded during theprior fiscal year:
(i) all compliance check investigations reimbursed under Subsection (8)(a); and
(ii) the collection, analysis, maintenance, tracking, and dissemination of violation historyinformation provided in Subsection (8)(b).
Amended by Chapter 39, 2010 General Session
Repealed by Chapter 276, 2010 General Session