Utah Code 32B-1-306. Use of information from a criminal background check
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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;
Terms Used In Utah Code 32B-1-306
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Contract: A legal written agreement that becomes binding when signed.
- Crime involving moral turpitude: is a s defined by the commission by rule. See Utah Code 32B-1-102
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102 - License: means :(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
- Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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):(2)(a) within the previous seven years, a felony under federal law or state law;(2)(b) within the previous four years:(2)(b)(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(2)(b)(ii) a crime involving moral turpitude; or(2)(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.