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2023 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 1 - Alcoholic Beverage Control General Provisions
Part 3 - Qualifications and Background
Section 306 - Use of information from a criminal background check.
Universal Citation:
UT Code § 32B-1-306 (2023)
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Effective 5/14/2019
32B-1-306. Use of information from a criminal background check.
The commission or department may use information obtained pursuant to Section 32B-1-305 only for one or more of the following purposes:
Amended by Chapter 145, 2019 General Session
32B-1-306. Use of information from a criminal background check.
The commission or department may use information obtained pursuant to Section 32B-1-305 only for one or more of the following purposes:
- (1) enforcing this title;
- (2) determining whether an individual is convicted of any of the following offenses that disqualify the individual under this title from acting in a capacity described in Subsection 32B-1-305(2):
- (a) within the previous seven years, a felony under federal law or state law;
- (b) within the previous four years:
- (i) a violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product; or
- (ii) a crime involving moral turpitude; or
- (c) on two or more occasions within the previous five years, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs;
- (3) determining whether an individual fails to accurately disclose the individual's criminal history on an application or document filed with the department or commission;
- (4) approving or denying an application for employment with the department;
- (5) taking disciplinary action against a department employee, including possible termination of employment;
- (6) issuing or denying an application to operate a package agency;
- (7) issuing or denying an application for a license;
- (8) issuing or denying the renewal of a package agency agreement;
- (9) issuing or denying the renewal of a license;
- (10) suspending the operation of a package agency;
- (11) terminating a package agency contract; or
- (12) suspending or revoking a license.
Amended by Chapter 145, 2019 General Session
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