Utah Code 32B-1-702. Alcohol training and education — Revocation, suspension, or nonrenewal of retail license

32B-1-702. Alcohol training and education — Revocation, suspension, or nonrenewal of retail license.

(1)

The commission may suspend, revoke, or not renew a license of a retail licensee if any of the following individuals fail to complete an alcohol training and education seminar:

Terms Used In Utah Code 32B-1-702

Alcohol training and education seminar: means a seminar that is:

(a)	required by 7; and

(b)

described in Section 26B-5-205. See Utah Code 32B-1-102

Beer: means a product that:

(i)

contains:

(A)

at least . See Utah Code 32B-1-102

Beer retailer: means a business that:

(a)	is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and

(b)

is licensed as:

(i)	an off-premise beer retailer, in accordance with 2; or

(ii)

an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102

License: means :

(a)	a retail license;

(b)	a sublicense;

(c)	a license issued in accordance with 4;

(d)	a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;

(e)	a license issued in accordance with Chapter 12, Liquor Warehousing License Act;

(f)	a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or

(g)

a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102

Licensee: means a person who holds a license. See Utah Code 32B-1-102

Local authority: means :

(a)	for premises that are located in an unincorporated area of a county, the governing body of a county;

(b)	for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or

(c)

for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102

Off-premise beer retailer: means a beer retailer who is:

(i)	licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and

(ii)

engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102

Off-premise retail manager: means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701

Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102

Retail manager: means an individual who:

(a)	manages operations at a premises that is licensed under Chapter 5, Retail License Act; or

(b)

supervises the furnishing of an alcoholic product at a premises that is licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701

Retail staff: means an individual who serves an alcoholic product at a premises licensed under Chapter 5, Retail License Act. See Utah Code 32B-1-701

Staff: includes :

(i)	an officer;

(ii)	a director;

(iii)

an employee;

(iv)	personnel management;

(v)	an agent of the licensee, including a managing agent;

(vi)	an operator; or

(vii)	a representative. See Utah Code 32B-1-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(a)	a retail manager; or

(b)	retail staff.

(2)	A city, town, metro township, or county in which a retail licensee conducts business may suspend, revoke, or not renew the business license of the retail licensee if a retail manager or retail staff fails to complete an alcohol training and education seminar.

(3)

A local authority that issues an off-premise beer retailer license to a business that is engaged in the retail sale of beer for consumption off the beer retailer‘s premises may immediately suspend the off-premise beer retailer license if any of the following individuals fails to complete an alcohol training and education seminar:

(a)	an off-premise retail manager; or

(b)	off-premise retail staff.

Renumbered and Amended by Chapter 403, 2019 General Session

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