32A-11-103 (Repealed 07/01/11) - Qualifications.
32A-11-103 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not issue a beer wholesaling license to any person who hasbeen 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 products;
(iii) any 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, 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 any 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 wholesaler has been convicted of any offense asprovided in Subsection (1)(a).
(2) The commission may immediately suspend or revoke a beer wholesaling license ifafter the day on which the beer wholesaling license 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 license being granted; or
(b) on or after the day on which the 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, 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 suspending the operation ofa beer wholesaling 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,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 arrested
on a charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not grant a beer wholesaling license to any person whohas had any type of license, agency, or permit issued under this title revoked within the last threeyears.
(ii) The commission may not grant a beer wholesaling license to an 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 beer wholesaling license if any of the following had any type of license, agency, orpermit issued under this title revoked while acting in that person's individual capacity within thelast three years:
(i) a 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 beer wholesalinglicense 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 beer wholesaling license; or
(ii) employed by a licensee to handle beer.
(b) The commission may not grant a beer wholesaling license 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 liability
company.
(6) (a) A beer wholesaler may not be issued, directly or indirectly, nor hold, through anywholly or partially owned subsidiaries or otherwise, a brewery license or a retail beer licensesimultaneously with a wholesaling license.
(b) A retail beer licensee may not be issued, directly or indirectly, nor hold, through anywholly or partially owned subsidiaries or otherwise, a wholesaling license.
(7) The commission may not grant a beer wholesaling license to any person who has notmet any applicable federal requirements for beer wholesaling.
(8) If any person to whom a license has been issued under this chapter no longerpossesses the qualifications required by this title for obtaining that license, the commission maysuspend or revoke that license.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session