Utah Code § 32B-1-301 Title.
32B-1-301. Title.
This part is known as "Qualifications and Background."
Enacted by Chapter 276, 2010 General Session
Qualifications and Background
Utah Code tit. 32B, ch. 32B-1, pt. 32B-1-P3
in effectUtah Code § 32B-1-302 Definitions.
32B-1-302. Definitions.
Reserved
Enacted by Chapter 276, 2010 General Session
Utah Code § 32B-1-303 Qualifications related to employment with the department.
32B-1-303. Qualifications related to employment with the department.
(1) The department may not employ a person if that person has been convicted of:
(a) within seven years before the day on which the department employs the person, a felony under a federal law or state law;
(b) within four years before the day on which the department employs the person:
(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 five years before the day on which the department employs the person, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs.
(2) The director may terminate a department employee or take other disciplinary action consistent with Title 63A, Chapter 17, Utah State Personnel Management Act, if:
(a) after the day on which the department employs the department employee, the department employee is found to have been convicted of an offense described in Subsection (1) before being employed by the department; or
(b) on or after the day on which the department employs the department employee, the department employee:
(i) is convicted of an offense described in Subsection (1)(a) or (b); or
(ii)
(A) is convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(B) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A).
(3) The director may immediately suspend a department employee for the period during which a criminal matter is being adjudicated if the department employee:
(a) is arrested on a charge for an offense described in Subsection (1)(a) or (b); or
(b)
(i) is arrested on a charge for the offense of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(ii) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs within five years before the day on which the person is arrested on a charge described in Subsection (3)(b)(i).
Amended by Chapter 345, 2021 General Session
Utah Code § 32B-1-304 Qualifications for a package agency, license, or permit -- Minors.
32B-1-304. Qualifications for a package agency, license, or permit -- Minors.
(1)
(a) Except as provided in Subsection (7), the commission may not issue a package agency, license, or permit to a person who has been convicted of:
(i) within seven years before the day on which the commission issues the package agency, license, or permit, a felony under a federal law or state law;
(ii) within four years before the day on which the commission issues the package agency, license, or permit:
(A) 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
(B) a crime involving moral turpitude; or
(iii) on two or more occasions within the five years before the day on which the package agency, license, or permit is issued, driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs.
(b) If the person is a partnership, corporation, or limited liability company, the proscription under Subsection (1)(a) applies if any of the following has been convicted of an offense 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 the corporation; or
(vii) a member who owns at least 20% of the limited liability company.
(c) Except as provided in Subsection (7), the proscription under Subsection (1)(a) applies if a person who is employed to act in a supervisory or managerial capacity for a package agency, licensee, or permittee has been convicted of an offense described in Subsection (1)(a).
(2) Except as described in Section 32B-8-501, the commission may immediately suspend or revoke a package agency, license, or permit, and terminate a package agency agreement, if a person described in Subsection (1):
(a) after the day on which the package agency, license, or permit is issued, is found to have been convicted of an offense described in Subsection (1)(a) before the package agency, license, or permit is issued; or
(b) on or after the day on which the package agency, license, or permit is issued:
(i) is convicted of an offense described in Subsection (1)(a)(i) or (ii); or
(ii)
(A) is convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(B) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs within five years before the day on which the person is convicted of the offense described in Subsection (2)(b)(ii)(A).
(3) Except as described in Section 32B-8-501, the director may take emergency action by immediately suspending the operation of the package agency, licensee, or permittee for the period during which a criminal matter is being adjudicated if a person described in Subsection (1):
(a) is arrested on a charge for an offense described in Subsection (1)(a)(i) or (ii); or
(b)
(i) is arrested on a charge for the offense of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs; and
(ii) was convicted of driving under the influence of alcohol, drugs, or the combined influence of alcohol and drugs 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 issue a package agency, license, or permit to a person who has had any type of agency, license, or permit issued under this title revoked within the last three years.
(ii) The commission may not issue a package agency, license, or permit to a partnership, corporation, or limited liability company if a partner, managing agent, manager, officer, director, stockholder who holds at least 20% of the total issued and outstanding stock of the corporation, or member who owns at least 20% of the limited liability company is or was:
(A) a partner or managing agent of a partnership that had any type of agency, license, 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% of the total issued and outstanding stock of any corporation that had any type of agency, license, or permit issued under this title revoked within the last three years; or
(C) a manager or member who owns or owned at least 20% of a limited liability company that had any type of agency, license, or permit issued under this title revoked within the last three years.
(b) The commission may not issue a package agency, license, or permit to a partnership, corporation, or limited liability company if any of the following had any type of agency, license, or permit issued under this title revoked while acting in that person's individual capacity within the last three years:
(i) a partner or managing agent of a partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of a corporation; or
(iii) a manager or member who owns at least 20% of a limited liability company.
(c) The commission may not issue a package agency, license, or permit to a person acting in an individual capacity if that person was:
(i) a partner or managing agent of a partnership that had any type of agency, license, or permit 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 total issued and outstanding stock of a corporation that had any type of agency, license, or permit issued 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 that had any type of agency, license, or permit issued under this title revoked within the last three years.
(5)
(a) The commission may not issue a package agency, license, or permit to a minor.
(b) The commission may not issue a package agency, license, or permit to a partnership, corporation, or limited liability company if any of the following is a minor:
(i) a partner or managing agent of the partnership;
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of the corporation; or
(iii) a manager or member who owns at least 20% of the limited liability company.
(c) For purposes of Subsection (5)(b), the commission may not consider a minor's position with or ownership interest in an entity that has an ownership interest in the entity that is applying for the package agency, license, or permit unless the minor would exercise direct decision-making control over the package agency, license, or permit.
(6) Except as described in Section 32B-8-501, if a package agent, licensee, or permittee no longer possesses the qualifications required by this title for obtaining a package agency, license, or permit, the commission may terminate the package agency agreement, or revoke the license or permit.
(7)
(a) If the licensee is a resort licensee:
(i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in the management of the resort, as the commission defines in rule; and
(ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or managerial capacity for the resort licensee or in relation to a sublicense of the resort license.
(b) If the permittee is a public service permittee under Chapter 10, Special Use Permit Act:
(i) Subsection (1)(a) only applies if an individual listed in Subsection (1)(b) engages in the management of the public service permittee, as the commission defines in rule; and
(ii) Subsection (1)(c) only applies to an individual employed to act in a supervisory or managerial capacity for the public service permittee.
Amended by Chapter 94, 2024 General Session
Utah Code § 32B-1-305 Requirement for a background check.
32B-1-305. Requirement for a background check.
(1) The department shall require an individual listed in Subsection (2), in accordance with this part, to:
(a) provide a signed waiver from the individual whose fingerprints may be registered in the Federal Bureau of Investigation Rap Back system that notifies the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used;
(b) submit to a background check in a form acceptable to the department; and
(c) consent to a background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(2) The following shall comply with Subsection (1):
(a) an individual applying for employment with the department if:
(i) the department makes the decision to offer the individual employment with the department; and
(ii) once employed, the individual will receive benefits;
(b) an individual applying to the commission to operate a package agency;
(c) an individual applying to the commission for a license, unless the license is an off-premise beer retailer state license;
(d) an individual who with regard to an entity that is applying to the commission to operate a package agency or for a license is:
(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 a corporation;
(vii) a member who owns at least 20% of a limited liability company; or
(viii) an individual employed to act in a supervisory or managerial capacity; or
(e) an individual who becomes involved with an entity that operates a package agency or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day on which the entity:
(i) is approved to operate a package agency; or
(ii) is licensed by the commission.
(3)
(a) Except as provided in Subsection (3)(b), the commission may not require an individual to comply with Subsection (1) based on the individual's position with or ownership interest in an entity that has an ownership interest in the entity that is applying for the package agency or license.
(b) The commission may require an individual described in Subsection (3)(a) to comply with Subsection (1) if the individual exercises direct decision making control over the day-to-day operations of the package agency or licensee.
(4) The department shall require compliance with Subsection (2)(e) as a condition of an entity's:
(a) continued operation of a package agency; or
(b) renewal of a license.
(5) The department may require as a condition of continued employment that a department employee:
(a) submit to a background check in a form acceptable to the department; and
(b) consent to a fingerprint criminal background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
Amended by Chapter 219, 2020 General Session
Utah Code § 32B-1-306 Use of information from a criminal background check.
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
Utah Code § 32B-1-307 Background check procedure.
32B-1-307. Background check procedure.
(1)
(a) An individual described in Subsections 32B-1-305(2)(b) through (e) shall submit to a background check in a form acceptable to the department, including submitting fingerprints, at the expense of the individual.
(b) The department shall pay the expense of obtaining a background check, including obtaining fingerprints, required of:
(i) an individual applying for employment with the department; or
(ii) a department employee.
(2)
(a) The department shall establish a procedure for obtaining and evaluating relevant information from a criminal history record maintained by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for a purpose outlined in Section 32B-1-306.
(b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the department the expense of obtaining the criminal history record described in Subsection (2)(a).
(c) The department shall pay the expense of obtaining the criminal history record required for:
(i) an individual applying for employment with the department; or
(ii) a department employee.
(3)
(a) The department shall submit fingerprints obtained under Subsection (1) of an individual to the Utah Bureau of Criminal Identification to be forwarded to the Federal Bureau of Investigation for a nationwide criminal history record check.
(b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the department the expense of obtaining the criminal history record described in Subsection (3)(a).
(c) The department shall pay the expense of obtaining the criminal history record required for:
(i) an individual applying for employment with the department; or
(ii) a department employee.
(4)
(a) The Utah Bureau of Criminal Identification:
(i) shall check the fingerprints submitted under Subsection (1) against the applicable state and regional criminal records databases and submit the fingerprints to national criminal records databases;
(ii) shall maintain a separate file of fingerprints submitted under Subsection (1) for search by future submissions to the state and regional records databases, including latent prints, and notify the department when a new entry is made against a person whose fingerprints are held in the separate file;
(iii) shall release to the department all information received in response to the department's request; and
(iv) may request that the fingerprints be retained in the Federal Bureau of Investigation Rap Back system for search by future submissions to national criminal records databases, including latent prints.
(b) The department shall establish a privacy risk mitigation strategy to ensure that the department only receives notifications for individuals with whom the department maintains a regulatory or employment relationship.
(5) The department shall pay the Utah Bureau of Criminal Identification the costs incurred in providing the department criminal background information.
(6)
(a) The following may not disseminate a criminal history record obtained under this part to any person except for a purpose described in Section 32B-1-306:
(i) the commission;
(ii) a commissioner;
(iii) the director;
(iv) the department; or
(v) a department employee.
(b)
(i) Notwithstanding Subsection (6)(a), a criminal history record obtained under this part may be provided by the department to the individual who is the subject of the criminal history record.
(ii) The department shall provide an individual who is the subject of a criminal history record and who requests the criminal history record an opportunity to:
(A) review the criminal history record; and
(B) respond to information in the criminal history record.
(7) If an individual described in Subsection 32B-1-305(2) is determined to be disqualified under Subsection 32B-1-306(2), the department shall provide the individual with:
(a) notice of the reason for the disqualification; and
(b) an opportunity to respond to the disqualification.
Amended by Chapter 145, 2019 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title32B/Chapter1/32B-1-P3.html?v=C32B-1-P3_1800010118000101Fetched: 10/26/2026