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;
Terms Used In Utah Code 32B-1-306
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
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:
(a)
under an agreement with the department; and
(b)
by a person:
(i)
other than the state; and
(ii)
who is authorized by the commission in accordance with 6, 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):
(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;
