32A-10-303 (Repealed 07/01/11) - Qualifications.
32A-10-303 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a temporary special event beer permit to anyperson who has been convicted 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 beverages;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the permit isgranted, driving under the influence of alcohol, any drug, or the combined influence of alcoholand any 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 any person employed to act in asupervisory or managerial capacity for the temporary special event beer permittee has beenconvicted of any offense as provided in Subsection (1)(a).
(2) The commission may immediately suspend or revoke a temporary special eventpermit if after the day on which the permit is granted, a person described in Subsection (1)(a),(b), or (c):
(a) is found to have been convicted of any offense described in Subsection (1)(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 (1)(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 isconvicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately revoking the temporaryspecial event permit according to the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act, 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,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 (3)(b)(i).
(4) (a) (i) The commission may not grant a temporary special event beer permit to anyperson who has had any type of license, agency, or permit issued under this title revoked withinthe last three years.
(ii) The commission may not grant a temporary special event permit to an applicant thatis a partnership, corporation, or limited liability company if any partner, managing agent,manager, officer, director, stockholder who holds at least 20% of the total issued and outstandingstock of an applicant corporation, or member who owns at least 20% of an applicant limitedliability company 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 temporary special event permit if any of the following had any type of license,agency, or permit issued under this title revoked while acting in their individual capacity withinthe last three 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 temporary specialevent permit if that 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 the limited liability company thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) A minor may not be:
(i) granted a temporary special event permit; or
(ii) employed by a temporary special event permittee to handle alcoholic beverages.
(b) The commission may not grant a temporary special event permit to an applicant thatis 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 any person to whom a permit has been issued under this part no longer possessesthe qualifications required by this title for obtaining that permit, the commission may suspend orrevoke that permit.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session