State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-503-repealed-07-01-11

32A-8-503 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a local industry representative license to a personwho 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, importing, warehousing, adulteration, or transportation of alcoholicbeverages;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the license isgranted, driving under the influence of alcohol, any drug, or the combined influence of alcoholand any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscriptionunder Subsection (1)(a) applies if any of the following has been convicted of any offensedescribed 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 the local industry representative has been convicted of anyoffense described in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the local industry representativelicense if after the day on which the local industry representative license is granted, a persondescribed in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (1)(a) prior tothe 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 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 local industry representative license according to the procedures and requirements of Title63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matteris 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 arrestedon a charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not grant a local industry representative license to anindividual who has had any type of license, agency, or permit issued under this title revokedwithin the last three years.
(ii) The commission may not grant a local industry representative license to an applicantthat 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 outstandingstock of an applicant corporation, or member who owns at least 20% of an applicant limitedliability 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% 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 local industry representative 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 capacitywithin the last three years:
(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.
(c) A person acting in an individual capacity may not be granted an industryrepresentative license if that person 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 a limited liability company thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) The commission may not grant a local industry representative license to a minor.
(b) The commission may not grant a local industry representative license to an applicantthat 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.


(6) Except as otherwise provided, the commission may not grant a local industryrepresentative license to:
(a) a holder of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage;
(b) an employee or agent of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage; or
(c) an individual, partnership, corporation, or limited liability company who holds anyinterest in any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage.
(7) If an individual, partnership, corporation, or limited liability company to whom alocal industry representative license has been issued under this part no longer possesses thequalifications required by this title for obtaining that license, the commission may suspend orrevoke that license.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session
Amended by Chapter 391, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-503-repealed-07-01-11

32A-8-503 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a local industry representative license to a personwho 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, importing, warehousing, adulteration, or transportation of alcoholicbeverages;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the license isgranted, driving under the influence of alcohol, any drug, or the combined influence of alcoholand any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscriptionunder Subsection (1)(a) applies if any of the following has been convicted of any offensedescribed 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 the local industry representative has been convicted of anyoffense described in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the local industry representativelicense if after the day on which the local industry representative license is granted, a persondescribed in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (1)(a) prior tothe 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 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 local industry representative license according to the procedures and requirements of Title63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matteris 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 arrestedon a charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not grant a local industry representative license to anindividual who has had any type of license, agency, or permit issued under this title revokedwithin the last three years.
(ii) The commission may not grant a local industry representative license to an applicantthat 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 outstandingstock of an applicant corporation, or member who owns at least 20% of an applicant limitedliability 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% 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 local industry representative 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 capacitywithin the last three years:
(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.
(c) A person acting in an individual capacity may not be granted an industryrepresentative license if that person 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 a limited liability company thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) The commission may not grant a local industry representative license to a minor.
(b) The commission may not grant a local industry representative license to an applicantthat 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.


(6) Except as otherwise provided, the commission may not grant a local industryrepresentative license to:
(a) a holder of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage;
(b) an employee or agent of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage; or
(c) an individual, partnership, corporation, or limited liability company who holds anyinterest in any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage.
(7) If an individual, partnership, corporation, or limited liability company to whom alocal industry representative license has been issued under this part no longer possesses thequalifications required by this title for obtaining that license, the commission may suspend orrevoke that license.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session
Amended by Chapter 391, 2008 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-08 > 32a-8-503-repealed-07-01-11

32A-8-503 (Repealed 07/01/11). Qualifications.
(1) (a) The commission may not grant a local industry representative license to a personwho 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, importing, warehousing, adulteration, or transportation of alcoholicbeverages;
(iii) any crime involving moral turpitude; or
(iv) on two or more occasions within the five years before the day on which the license isgranted, driving under the influence of alcohol, any drug, or the combined influence of alcoholand any drug.
(b) In the case of a partnership, corporation, or limited liability company the proscriptionunder Subsection (1)(a) applies if any of the following has been convicted of any offensedescribed 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 the local industry representative has been convicted of anyoffense described in Subsection (1)(a).
(2) The commission may immediately suspend or revoke the local industry representativelicense if after the day on which the local industry representative license is granted, a persondescribed in Subsection (1)(a), (b), or (c):
(a) is found to have been convicted of any offense described in Subsection (1)(a) prior tothe 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 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 local industry representative license according to the procedures and requirements of Title63G, Chapter 4, Administrative Procedures Act, for the period during which the criminal matteris 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 arrestedon a charge described in Subsection (3)(b)(i).
(4) (a) (i) The commission may not grant a local industry representative license to anindividual who has had any type of license, agency, or permit issued under this title revokedwithin the last three years.
(ii) The commission may not grant a local industry representative license to an applicantthat 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 outstandingstock of an applicant corporation, or member who owns at least 20% of an applicant limitedliability 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% 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 local industry representative 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 capacitywithin the last three years:
(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.
(c) A person acting in an individual capacity may not be granted an industryrepresentative license if that person 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 a limited liability company thathad any type of license, agency, or permit issued under this title revoked within the last threeyears.
(5) (a) The commission may not grant a local industry representative license to a minor.
(b) The commission may not grant a local industry representative license to an applicantthat 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.


(6) Except as otherwise provided, the commission may not grant a local industryrepresentative license to:
(a) a holder of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage;
(b) an employee or agent of any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage; or
(c) an individual, partnership, corporation, or limited liability company who holds anyinterest in any retail license issued under this title that sells:
(i) spirituous liquor;
(ii) wine;
(iii) heavy beer; or
(iv) on or after October 1, 2008, a flavored malt beverage.
(7) If an individual, partnership, corporation, or limited liability company to whom alocal industry representative license has been issued under this part no longer possesses thequalifications required by this title for obtaining that license, the commission may suspend orrevoke that license.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session
Amended by Chapter 391, 2008 General Session