Utah Code 32B-2-205. Director of alcoholic beverage services

(1)

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Terms Used In Utah Code 32B-2-205

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Alcoholic beverage: means the following:
(3)(a) beer; or
(3)(b) liquor. 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
Commissioner: means a member of the commission. 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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Restaurant: means a business location:
     (110)(a) at which a variety of foods are prepared;
     (110)(b) at which complete meals are served; and
     (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
Serve: means to place an alcoholic product before an individual. 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

(1)(a) In accordance with Subsection (1)(b), the governor, with the advice and consent of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. The director may be appointed to more than one four-year term. The director is the administrative head of the department.

(1)(b)

(1)(b)(i) The governor shall appoint the director from nominations made by the commission.

(1)(b)(ii) The commission shall submit the nomination of three individuals to the governor for appointment of the director.

(1)(b)(iii) By no later than 30 calendar days from the day on which the governor receives the three nominations submitted by the commission, the governor may:

(1)(b)(iii)(A) appoint the director; or

(1)(b)(iii)(B) reject the three nominations.

(1)(b)(iv) If the governor rejects the nominations or fails to take action within the 30-day period, the commission shall nominate three different individuals from which the governor may appoint the director or reject the nominations until such time as the governor appoints the director.

(1)(b)(v) The governor may reappoint the director without seeking nominations from the commission.

(1)(b)(vi) The governor’s reappointment of the director under Subsection (1)(b)(v) shall be made with the advice and consent of the Senate.

(1)(c)

(1)(c)(i) If there is a vacancy in the position of director, during the nomination process described in Subsection (1)(b), the governor may unilaterally appoint an interim director for a period of up to 30 calendar days.

(1)(c)(ii) If a director is not appointed within the 30-day period, the interim director may continue to serve beyond the 30-day period, subject to the advice and consent of the Senate at the next scheduled time for the Senate giving consent to appointments of the governor.

(1)(c)(iii) Except that if the Senate does not act on the consent to the appointment of the interim director within 60 days of the end of the initial 30-day period, the interim director may continue as the interim director.

(1)(d) The director may be terminated by:

(1)(d)(i) the commission by a vote of four commissioners; or

(1)(d)(ii) the governor after consultation with the commission.

(1)(e) The director may not be a commissioner.

(1)(f) The director shall:

(1)(f)(i) be qualified in administration;

(1)(f)(ii) be knowledgeable by experience and training in the field of business management; and

(1)(f)(iii) possess any other qualification prescribed by the commission.

(2) The governor shall establish the director’s compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.

(3) The director shall:

(3)(a) carry out the policies of the commission;

(3)(b) carry out the policies of the department;

(3)(c) fully inform the commission of the operations and administrative activities of the department; and

(3)(d) assist the commission in the proper discharge of the commission’s duties.

(4)

(4)(a) The director shall form a workgoup that includes representatives from the following:

(4)(a)(i) the department;

(4)(a)(ii) the Division of Integrated Healthcare created in Section 26B-1-202;

(4)(a)(iii) the Department of Public Safety created in Section 53-10-103;

(4)(a)(iv) the retail alcohol industry;

(4)(a)(v) the bar or restaurant industry;

(4)(a)(vi) organizations related to alcohol and drug abuse prevention, alcohol or drug related enforcement, or alcohol or drug related education; and

(4)(a)(vii) any other organization or industry the director determines beneficial.

(4)(b)

(4)(b)(i) The workgroup shall study and make recommendations to:

(4)(b)(i)(A) improve the efficacy of the alcohol training and education described in Section 26B-5-205, including recommendations related to the curriculum, development, provider, and delivery; and

(4)(b)(i)(B) maintain appropriate records of cash sale transactions in bar establishments.

(4)(b)(ii) The workgoup shall ensure that the workgroup’s recommendations under Subsection (4)(b)(i)(A) include a focus on improving training with respect to laws governing the responsible sale and service of alcohol.

(4)(c) No later than September 1, 2024, the workgroup shall provide written recommendations as provided in this Subsection (4) to the Business and Labor Interim Committee.

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