2006 Utah Code - 32A-10-103 — Alcohol training and education for off-premise consumption -- Requirements on off-premise beer retailer licensees -- Penalties related to sales to minors -- Hearings -- Tracking.

     32A-10-103.   Alcohol training and education for off-premise consumption -- Requirements on off-premise beer retailer licensees -- Penalties related to sales to minors -- Hearings -- Tracking.
     (1) (a) A local authority that issues an off-premise beer retailer license to a general food store or similar business to sell beer at retail for off-premise consumption shall require the following to have a valid certificate that the individual completed an alcohol training and education seminar required by Section 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 of the off-premise beer retailer licensee; or
     (ii) sells beer to a customer for consumption off the premises of the off-premise beer retailer licensee.
     (b) (i) An individual shall complete an alcohol training and education seminar required by Section 62A-15-401 within 30 days of the day on which the individual is employed by an off-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 has completed an alcohol training and education seminar for purposes of this section.
     (ii) An individual shall complete an alcohol training and education seminar by not later than 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 has completed 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 and education 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 suspend the license of an off-premise beer retailer that allows an employee to directly supervise the sale of beer or to sell beer to a customer without having a valid certificate that the individual completed 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 the sale of beer or who sells beer to a customer for consumption off the premises of the off-premise beer 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 large to be clearly visible and identifiable while engaging in or directly supervising the retail sale of beer.
     (b) (i) An off-premise beer retailer licensee shall maintain a record of all current employee 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:

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     (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 beer retailer 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 subject to 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 occurs while 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 the following administrative penalties:
     (i) upon a first violation, the individual may not sell or directly supervise the sale of beer to a customer for consumption off the premises of the off-premise beer retailer licensee until the individual retakes and completes an alcohol training and education seminar described in Section 62A-15-401;
     (ii) upon a second violation, the individual may not sell or directly supervise the sale of beer to a customer for consumption off the premises of the off-premise beer retailer licensee until the 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 Section 62A-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 supervise the sale of beer to a customer for consumption off the premises of the off-premise beer retailer licensee 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 Section 62A-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 directly supervising the sale of beer under Subsection (4)(b), an off-premise beer retailer licensee may not allow 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.

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     (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 beer retailer licensee is subject to the administrative penalties imposed by a local authority described in Subsection (5)(b) if:
     (i) an employee of the off-premise beer retailer licensee is found in violation of any law involving the sale of alcoholic beverage to a minor;
     (ii) the violation described in Subsection (5)(a)(i) occurs while the employee is on duty for the off-premise beer retailer licensee; and
     (iii) the local authority brings an adjudicative proceeding against the off-premise beer retailer licensee.
     (b) If the conditions of Subsection (5)(a) are met, a local authority shall impose the following administrative penalties:
     (i) upon a first violation, the off-premise beer retailer licensee shall be issued a written warning;
     (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 the date on which the administrative penalty is imposed; and
     (C) be placed on probation for a period of one year from the date on which the administrative penalty is imposed; and
     (v) upon any violation by the off-premise beer retailer licensee or any on-duty employee of 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 at least six months from the date of revocation.
     (c) (i) An off-premise beer retailer licensee's failure to pay a fine imposed under this Subsection (5) within 30 days of the day on which the fine is imposed is grounds for the immediate suspension of the off-premise beer retailer licensee's license to sell beer until payment is 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) is grounds for revocation of the licensee's license to sell beer.
     (6) (a) Any local authority that adjudicates an administrative penalty for a violation of any 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 under Subsection (6)(c);
     (ii) include in the record described in Subsection (6)(a)(i):
     (A) the name of the individual who committed the violation;

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     (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 30 days 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 an administrative violation history under Subsection (4).
     (iii) The Highway Safety Office shall maintain a record of violation history information received 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 records maintained under this Subsection (6) an administrative penalty imposed under Subsection (4) for purposes of determining future administrative penalties under Subsection (4) if the individual has not been found in violation of any law involving the sale of an alcoholic beverage to a minor for a period of 36 consecutive months from the day on which the individual is last adjudicated as violating 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 an administrative penalty imposed under Subsection (5) against an off-premise beer retailer licensee for purposes of determining future administrative penalties under Subsection (5) if the off-premise beer retailer licensee or any employee of that off-premise beer retailer licensee has not been found in violation of any law involving the sale of an alcoholic beverage to a minor for a period of 36 consecutive months from the day on which the off-premise beer retailer licensee or its employee is last adjudicated as violating a law involving the sale of an alcoholic beverage to a minor.
     (7) (a) A local authority shall conduct a hearing if an off-premise beer retailer licensee or individual identified in Subsection (1) requests a hearing before the local authority.
     (b) A local authority conducting a hearing under this Subsection (7) shall provide the person 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 a program to:
     (a) reimburse a municipal or county law enforcement agency:
     (i) for the actual costs of an alcohol-related compliance check investigation conducted pursuant to Section 77-39-101;
     (ii) for any administrative costs associated with reporting the compliance check investigation described in Subsection (8)(a)(i);
     (iii) if the municipal or county law enforcement agency completes and submits to the Highway Safety Office a report within 90 days of the compliance check investigation described

in 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 report required by Subsection (8)(a)(iii) until the amount allocated by the Highway Safety Office to reimburse a municipal or county law enforcement agency is spent;
     (b) develop and operate a system to collect, analyze, maintain, track, and disseminate violation history information pursuant to Subsection (6); and
     (c) have the Highway Safety Office report to the Utah Substance Abuse and Anti-Violence Coordinating Council by no later than October 1 following a fiscal year on the following funded during the prior fiscal year:
     (i) all compliance check investigations reimbursed under Subsection (8)(a); and
     (ii) the collection, analysis, maintenance, tracking, and dissemination of violation history information provided in Subsection (8)(b).

Enacted by Chapter 342, 2006 General Session