2006 Utah Code - 32A-7-103 — Qualifications.

     32A-7-103.   Qualifications.
     (1) To qualify for a single event permit, the applicant shall have been in existence as a bona fide organization for at least one year prior to the date of application.
     (2) (a) The commission may not grant a single event permit to any person 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 last five years before the day on which the permit is granted, driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug.
     (b) In the case of a partnership, corporation, or limited liability company the proscription under Subsection (2)(a) applies if any of the following has been convicted of any offense described 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 an applicant 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 a supervisory or managerial capacity for the single event permittee has been convicted of any offense described in Subsection (2)(a).
     (3) The commission may immediately suspend or revoke a single event permit if after the day on which the 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 to the 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 combined influence of alcohol and any drug; and
     (B) was convicted of driving under the influence of alcohol, any drug, or the combined influence 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 revoking the permit according to the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, if a person described in Subsection (2)(a), (b), or (c):
     (a) is arrested on a charge for an offense 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 combined influence of alcohol and any drug within five years before the day on which the person is arrested

on a charge described in Subsection (4)(b)(i).
     (5) (a) (i) The commission may not grant a single event permit to any person who has had any type of license, agency, or permit issued under this title revoked within the last three years.
     (ii) The commission may not grant a single event permit to any applicant that is 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 outstanding stock of the applicant corporation, or member who owns at least 20% of the applicant limited liability 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% of the total issued and outstanding stock of any corporation that had any type of license, agency, or permit 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 liability company that had a liquor license, agency, or permit revoked within the last three years.
     (b) An applicant that is a partnership, corporation, or limited liability company may not be granted a permit if any of the following had any type of license, agency, or permit issued under this title revoked while acting in that person's individual capacity within the 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 the total issued and outstanding stock of the applicant corporation; or
     (iii) any manager or member who owns at least 20% of the applicant limited liability company.
     (6) (a) A minor may not be:
     (i) granted a single event permit; or
     (ii) employed by a single event permittee to handle alcoholic beverages.
     (b) The commission may not grant a single event permit 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 total issued and outstanding stock of the applicant corporation; or
     (iii) a manager or member who owns at least 20% of the applicant limited liability company.
     (7) If a person to whom a permit has been issued under this chapter no longer possesses the qualifications required by this title for obtaining that permit, the commission may suspend or revoke that permit.

Amended by Chapter 314, 2003 General Session