State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-07 > 32a-7-103-repealed-07-01-1132A-7-103 (Repealed 07/01/11). Qualifications.
(1) To qualify for a single event permit, the applicant shall have been in existence as abona fide organization for at least one year prior to the date of application.
(2) (a) The commission may not grant a single event permit 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 last five years before the day on which thepermit 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 proscriptionunder Subsection (2)(a) applies if any of the following has been convicted of any offensedescribed in Subsection (2)(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 anapplicant corporation; or
(vii) a member who owns at least 20% of an applicant limited liability company.
(c) The proscription under Subsection (2)(a) applies if any person employed to act in asupervisory or managerial capacity for the single event permittee has been convicted of anyoffense described in Subsection (2)(a).
(3) The commission may immediately suspend or revoke a single event permit if after theday on which the permit is granted, a person described in Subsection (2)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (2)(a) prior tothe permit being granted; or
(b) on or after the day on which the permit is granted:
(i) is convicted of an offense described in Subsection (2)(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 (3)(b)(ii)(A).
(4) The director may take emergency action by immediately revoking the permitaccording to the procedures and requirements of Title 63G, Chapter 4, Administrative ProceduresAct, if a person described in Subsection (2)(a), (b), or (c):
(a) is arrested on a charge for an offense described in Subsection (2)(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 (4)(b)(i).
(5) (a) (i) The commission may not grant a single event permit to any person who hashad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(ii) The commission may not grant a single event permit 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 a liquor license, agency, or permit revoked within the last three years.
(b) An applicant that is a partnership, corporation, or limited liability company may notbe granted a permit if any of the following had any type of license, agency, or permit issuedunder this title revoked while acting in that person's individual capacity within the last threeyears:
(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.
(6) (a) A minor may not be:
(i) granted a single event permit; or
(ii) employed by a single event permittee to handle alcoholic beverages.
(b) The commission may not grant a single event permit to an applicant that is apartnership, 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 a person to whom a permit has been issued under this chapter no longer possessesthe qualifications required by this title for obtaining that permit, the commission may suspend orrevoke that permit.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session
