State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-03 > 32a-3-103-repealed-07-01-11

32A-3-103 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a package agency to any person who has beenconvicted 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 five years before the day on which the packageagency is granted, driving under the influence of alcohol, any drug, or the combined influence ofalcohol 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 anyoffense 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 theapplicant 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 asupervisory or managerial capacity for a package agency has been convicted of any offensedescribed in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the package agency andterminate the package agency agreement
if after the day on which the package agency 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 tothe package agency being granted; or
(b) on or after the day on which the package agency 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 combinedinfluence of alcohol and any drug; and
(B) was convicted of driving under the influence of alcohol, any drug, or the combinedinfluence of alcohol and any drug within five years before the day on which the person isconvicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately suspending the operation ofthe package agency for the period during which the criminal matter is being adjudicated if aperson 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 combinedinfluence 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 package agency to any person who has hadany type of license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a package agency to any applicant that is apartnership, 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 ofthe applicant corporation, or member who owns at least 20% of the applicant limited liabilitycompany 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% ofthe total issued and outstanding stock of any corporation that had any type of license, agency, orpermit 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 liabilitycompany that had any type of license, agency, or permit issued under this title revoked within thelast three years.
(b) An applicant that is a partnership, corporation, or limited liability company may notbe granted a package agency if any of the following had any type of license, agency, or permitissued under this title revoked while acting in that person's individual capacity within the lastthree 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 thetotal issued and outstanding stock of the applicant corporation; or
(iii) any manager or member who owns at least 20% of the applicant limited liabilitycompany.
(c) A person acting in an individual capacity may not be granted a package agency if thatperson was:
(i) a partner or managing agent of a partnership that had any type of license, agency, orpermit 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 totalissued and outstanding stock of a corporation that had any type of license, agency, or permitissued 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 thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) Each package agency shall be operated by a natural person, who is either:
(i) the package agent; or
(ii) another natural person that package agent designates.
(b) Each designee shall be:
(i) an employee of the package agent; and
(ii) responsible for the operation of the agency.
(c) The conduct of the designee shall be attributable to the package agent.
(d) The package agent shall provide the name of the person operating the package agencyto the department for the department's approval.
(e) The name and title of any designee shall be stated on the application for the package

agency.
(f) The package agent shall:
(i) inform the department of any proposed change in the person designated to operate theagency; and
(ii) receive prior approval from the department before implementing the change asdescribed in this Subsection (5)(f).
(g) Failure to comply with the requirements of this Subsection (5) may result in theimmediate termination of the package agency agreement.
(6) (a) A minor may not be:
(i) granted a package agency; or
(ii) employed by a package agent to handle liquor.
(b) The commission may not grant a package agency 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 totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(7) If any package agent no longer possesses the qualifications required by this title forobtaining a package agency, the commission may terminate the package agency contract.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-03 > 32a-3-103-repealed-07-01-11

32A-3-103 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a package agency to any person who has beenconvicted 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 five years before the day on which the packageagency is granted, driving under the influence of alcohol, any drug, or the combined influence ofalcohol 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 anyoffense 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 theapplicant 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 asupervisory or managerial capacity for a package agency has been convicted of any offensedescribed in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the package agency andterminate the package agency agreement
if after the day on which the package agency 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 tothe package agency being granted; or
(b) on or after the day on which the package agency 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 combinedinfluence of alcohol and any drug; and
(B) was convicted of driving under the influence of alcohol, any drug, or the combinedinfluence of alcohol and any drug within five years before the day on which the person isconvicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately suspending the operation ofthe package agency for the period during which the criminal matter is being adjudicated if aperson 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 combinedinfluence 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 package agency to any person who has hadany type of license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a package agency to any applicant that is apartnership, 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 ofthe applicant corporation, or member who owns at least 20% of the applicant limited liabilitycompany 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% ofthe total issued and outstanding stock of any corporation that had any type of license, agency, orpermit 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 liabilitycompany that had any type of license, agency, or permit issued under this title revoked within thelast three years.
(b) An applicant that is a partnership, corporation, or limited liability company may notbe granted a package agency if any of the following had any type of license, agency, or permitissued under this title revoked while acting in that person's individual capacity within the lastthree 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 thetotal issued and outstanding stock of the applicant corporation; or
(iii) any manager or member who owns at least 20% of the applicant limited liabilitycompany.
(c) A person acting in an individual capacity may not be granted a package agency if thatperson was:
(i) a partner or managing agent of a partnership that had any type of license, agency, orpermit 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 totalissued and outstanding stock of a corporation that had any type of license, agency, or permitissued 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 thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) Each package agency shall be operated by a natural person, who is either:
(i) the package agent; or
(ii) another natural person that package agent designates.
(b) Each designee shall be:
(i) an employee of the package agent; and
(ii) responsible for the operation of the agency.
(c) The conduct of the designee shall be attributable to the package agent.
(d) The package agent shall provide the name of the person operating the package agencyto the department for the department's approval.
(e) The name and title of any designee shall be stated on the application for the package

agency.
(f) The package agent shall:
(i) inform the department of any proposed change in the person designated to operate theagency; and
(ii) receive prior approval from the department before implementing the change asdescribed in this Subsection (5)(f).
(g) Failure to comply with the requirements of this Subsection (5) may result in theimmediate termination of the package agency agreement.
(6) (a) A minor may not be:
(i) granted a package agency; or
(ii) employed by a package agent to handle liquor.
(b) The commission may not grant a package agency 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 totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(7) If any package agent no longer possesses the qualifications required by this title forobtaining a package agency, the commission may terminate the package agency contract.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-03 > 32a-3-103-repealed-07-01-11

32A-3-103 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a package agency to any person who has beenconvicted 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 five years before the day on which the packageagency is granted, driving under the influence of alcohol, any drug, or the combined influence ofalcohol 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 anyoffense 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 theapplicant 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 asupervisory or managerial capacity for a package agency has been convicted of any offensedescribed in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the package agency andterminate the package agency agreement
if after the day on which the package agency 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 tothe package agency being granted; or
(b) on or after the day on which the package agency 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 combinedinfluence of alcohol and any drug; and
(B) was convicted of driving under the influence of alcohol, any drug, or the combinedinfluence of alcohol and any drug within five years before the day on which the person isconvicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may take emergency action by immediately suspending the operation ofthe package agency for the period during which the criminal matter is being adjudicated if aperson 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 combinedinfluence 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 package agency to any person who has hadany type of license, agency, or permit issued under this title revoked within the last three years.
(ii) The commission may not grant a package agency to any applicant that is apartnership, 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 ofthe applicant corporation, or member who owns at least 20% of the applicant limited liabilitycompany 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% ofthe total issued and outstanding stock of any corporation that had any type of license, agency, orpermit 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 liabilitycompany that had any type of license, agency, or permit issued under this title revoked within thelast three years.
(b) An applicant that is a partnership, corporation, or limited liability company may notbe granted a package agency if any of the following had any type of license, agency, or permitissued under this title revoked while acting in that person's individual capacity within the lastthree 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 thetotal issued and outstanding stock of the applicant corporation; or
(iii) any manager or member who owns at least 20% of the applicant limited liabilitycompany.
(c) A person acting in an individual capacity may not be granted a package agency if thatperson was:
(i) a partner or managing agent of a partnership that had any type of license, agency, orpermit 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 totalissued and outstanding stock of a corporation that had any type of license, agency, or permitissued 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 thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) Each package agency shall be operated by a natural person, who is either:
(i) the package agent; or
(ii) another natural person that package agent designates.
(b) Each designee shall be:
(i) an employee of the package agent; and
(ii) responsible for the operation of the agency.
(c) The conduct of the designee shall be attributable to the package agent.
(d) The package agent shall provide the name of the person operating the package agencyto the department for the department's approval.
(e) The name and title of any designee shall be stated on the application for the package

agency.
(f) The package agent shall:
(i) inform the department of any proposed change in the person designated to operate theagency; and
(ii) receive prior approval from the department before implementing the change asdescribed in this Subsection (5)(f).
(g) Failure to comply with the requirements of this Subsection (5) may result in theimmediate termination of the package agency agreement.
(6) (a) A minor may not be:
(i) granted a package agency; or
(ii) employed by a package agent to handle liquor.
(b) The commission may not grant a package agency 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 totalissued and outstanding stock of the applicant corporation; or
(iii) a manager or member who owns at least 20% of the applicant limited liabilitycompany.
(7) If any package agent no longer possesses the qualifications required by this title forobtaining a package agency, the commission may terminate the package agency contract.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session


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