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2018 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 5 - Retail License Act
Part 4 - Alcohol Training and Education Act
Section 405 - Department training programs.
Universal Citation: UT Code § 32B-5-405 (2018)
Effective 5/8/2018
32B-5-405. Department training programs.
Amended by Chapter 249, 2018 General Session
32B-5-405. Department training programs.
- (1) No later than January 1, 2018, the department shall develop the following training programs that are provided either in-person or online:
- (a) a training program for retail managers that addresses:
- (i) the statutes and rules that govern alcohol sales and consumption in the state;
- (ii) the requirements for operating as a retail licensee;
- (iii) using compliance assistance from the department; and
- (iv) any other topic the department determines beneficial to a retail manager; and
- (b) a training program for an individual employed by a retail licensee or an off-premise beer retailer who violates a provision of this title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated individual or a minor, that addresses:
- (i) the statutes and rules that govern the most common types of violations under this title;
- (ii) how to avoid common violations; and
- (iii) any other topic the department determines beneficial to the training program.
- (a) a training program for retail managers that addresses:
- (2) No later than January 1, 2019, the department shall develop a training program for off-premise retail managers that is provided either in-person or online and addresses:
- (a) the statutes and rules that govern sales at an off-premise beer retailer;
- (b) the requirements for operating an off-premise beer retailer;
- (c) using compliance assistance from the department; and
- (d) any other topic the department determines beneficial to an off-premise retail manager.
- (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this section, the department shall make rules to develop and implement the training programs described in this section, including rules that establish:
- (a) the requirements for each training program described in this section;
- (b) measures that accurately identify each individual who takes and completes a training program;
- (c) measures that ensure an individual taking a training program is focused and actively engaged in the training material throughout the training program;
- (d) a record that certifies that an individual has completed a training program; and
- (e) a fee for participation in a training program to cover the department's cost of providing the training program.
- (4)
- (a) Except as provided in Subsection (5), each retail manager shall complete the training described in Subsection (1)(a) no later than the earlier of:
- (i) 30 days after the day on which the retail manager is hired; or
- (ii) before the day on which the retail licensee obtains a retail license under this chapter.
- (b) Except as provided in Subsection (5), each off-premise retail manager shall complete the training described in Subsection (2) no later than the earlier of:
- (i) 30 days after the day on which the off-premise retail manager is hired; or
- (ii) before the day on which the off-premise beer retailer obtains an off-premise beer retailer state license.
- (c)
- (i) If the commission finds that a retail licensee violated a provision of this title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated individual or a minor for a second time within 36 consecutive months after the day on which the first violation was adjudicated, the violator, all retail staff, and each retail manager shall complete the training program described in Subsection (1)(b).
- (ii) If the commission finds that an off-premise beer retailer violated a provision of this title related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated individual or a minor for a second time within 36 consecutive months after the day on which the first violation was adjudicated, the violator and each off-premise retail manager shall complete the training program described in Subsection (1)(b).
- (a) Except as provided in Subsection (5), each retail manager shall complete the training described in Subsection (1)(a) no later than the earlier of:
- (5)
- (a) For a person who holds a retail license on January 1, 2018, each retail manager shall complete the training program described in Subsection (1)(a) for the first time as a condition of renewing the licensee's retail license in 2018.
- (b) For a person who holds an off-premise beer retailer state license on January 1, 2019, each off-premise retail manager shall complete the training program described in Subsection (1)(b) for the first time as a condition of renewing the licensee's off-premise beer retailer state license in 2019.
- (6) If an individual fails to complete a required training program under this section:
- (a) the commission may suspend, revoke, or not renew the retail license or off-premise beer retailer state license;
- (b) a city, town, metro township, or county in which the retail licensee or off-premise beer retailer is located may suspend, revoke, or not renew the retail licensee's or off-premise beer retailer's business license; or
- (c) a local authority may suspend, revoke, or not renew the off-premise beer retailer's license.
Amended by Chapter 249, 2018 General Session
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