Utah Code 32B-2-207. Department employees — Requirements

32B-2-207. Department employees — Requirements.

(1)	“Upper management” means the director, a deputy director, or other Schedule AD, AR, or AS employee of the department, as defined in Section 63A-17-301, except for the director of internal audits and auditors hired by the director of internal audits under Section 32B-2-302.5.

Terms Used In Utah Code 32B-2-207

Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
Licensee: means a person who holds a license. See Utah Code 32B-1-102
Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
Minor: means an individual under 21 years old. See Utah Code 32B-1-102
Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
Person: means :Utah Code 68-3-12.5
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

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

State store: means a facility for the sale of packaged liquor:

(i)	located on premises owned or leased by the state; and

(ii)

operated by a state employee. See Utah Code 32B-1-102

(2)

(a)	Subject to this title, including the requirements of 3, the director may prescribe the qualifications of a department employee.

(b)	The director may hire an employee who is upper management only with the approval of four commissioners voting in an open meeting.

(c)	Except as provided in Section 32B-1-303, the executive director may dismiss an employee who is upper management after consultation with the chair of the commission.

(3)

(a)	A person who seeks employment with the department shall file with the department an application under oath or affirmation in a form prescribed by the commission.

(b)

Upon receiving an application, the department shall determine whether the individual is:

(i)	of good moral character; and

(ii)	qualified for the position sought.

(c)	The department shall select an individual for employment or advancement with the department in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act.

(4)

The following are not considered a department employee:

(a)	a package agent;

(b)	a licensee;

(c)	a staff member of a package agent; or

(d)	staff of a licensee.

(5)

The department may not employ a minor to:

(a)

work in:

(i)	a state store; or

(ii)	a department warehouse; or

(b)	engage in an activity involving the handling of an alcoholic product.

(6)

The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:

(a)	under this title;

(b)	by the department; or

(c)	by an agency or division within the department.

Amended by Chapter 345, 2021 General Session

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