2006 Utah Code - 32A-11-103 — Qualifications.

     32A-11-103.   Qualifications.
     (1) (a) The commission may not issue a beer wholesaling license 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 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 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 (1)(a) applies if any of the following has been convicted of any offense described 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 the applicant 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 a supervisory or managerial capacity for the wholesaler has been convicted of any offense as provided in Subsection (1)(a).
     (2) The commission may immediately suspend or revoke a beer wholesaling license if after 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 to the 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 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 (2)(b)(ii)(A).
     (3) The director may take emergency action by immediately suspending the operation of a beer wholesaling license according to the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, for the period during which the criminal matter is being adjudicated 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 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 (3)(b)(i).
     (4) (a) (i) The commission may not grant a beer wholesaling license 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 beer wholesaling license to an 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 any type of license, agency, or permit issued under this title revoked within the last three years.
     (b) An applicant that is a partnership, corporation, or limited liability company may not be granted a beer wholesaling license 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) a 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.
     (c) A person acting in an individual capacity may not be granted a beer wholesaling license if that person was:
     (i) a partner or managing agent of a partnership that had any type of license, agency, or permit 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 total issued and outstanding stock of a corporation that had any type of license, agency, or permit issued 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 that had any type of license, agency, or permit issued under this title revoked within the last three years.
     (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 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.
     (6) (a) A beer wholesaler may not be issued, directly or indirectly, nor hold, through any wholly or partially owned subsidiaries or otherwise, a brewery license or a retail beer license simultaneously with a wholesaling license.
     (b) A retail beer licensee may not be issued, directly or indirectly, nor hold, through any wholly or partially owned subsidiaries or otherwise, a wholesaling license.
     (7) The commission may not grant a beer wholesaling license to any person who has not met any applicable federal requirements for beer wholesaling.
     (8) If any person to whom a license has been issued under this chapter no longer possesses the qualifications required by this title for obtaining that license, the commission may suspend or revoke that license.

Amended by Chapter 314, 2003 General Session