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:

Terms Used In Utah Code 32B-1-303

  • 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
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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
(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

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