§ 32B-1-305 — Requirement for a background check.

Utah § 32B-1-305

• Jurisdiction: Utah
• Title 32B: Alcoholic Beverage Control Act
• Ch. 32B-1: Alcoholic Beverage Control General Provisions
• Part 32B-1-3: Qualifications and Background

Text

(1) The department shall require an individual listed in Subsection (2), in accordance with this part, to:

(1)(a) provide a signed waiver from the individual whose fingerprints may be registered in the Federal Bureau of Investigation Rap Back system that notifies the signee:
(1)(a)(i) that a criminal history background check will be conducted;
(1)(a)(ii) who will see the information; and
(1)(a)(iii) how the information will be used;
(1)(b) submit to a background check in a form acceptable to the department; and
(1)(c) consent to a background check by:
(1)(c)(i) the Utah Bureau of Criminal Identification; and
(1)(c)(ii) the Federal Bureau of Investigation.
(2) The following shall comply with Subsection (1):

(2)(a) an individual applying for employment with the department if:
(2)(a)(i) the department makes the decision to offer the individual employment with the department; and
(2)(a)(ii) once employed, the individual will receive benefits;
(2)(b) an individual applying to the commission to operate a package agency;
(2)(c) an individual applying to the commission for a license, unless the license is an off-premise beer retailer state license;
(2)(d) an individual who with regard to an entity that is applying to the commission to operate a package agency or for a license is:
(2)(d)(i) a partner;
(2)(d)(ii) a managing agent;
(2)(d)(iii) a manager;
(2)(d)(iv) an officer;
(2)(d)(v) a director;
(2)(d)(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a corporation;
(2)(d)(vii) a member who owns at least 20% of a limited liability company; or
(2)(d)(viii) an individual employed to act in a supervisory or managerial capacity; or
(2)(e) an individual who becomes involved with an entity that operates a package agency or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day on which the entity:
(2)(e)(i) is approved to operate a package agency; or
(2)(e)(ii) is licensed by the commission.
(3) (3)(a) Except as provided in Subsection (3)(b), the commission may not require an individual to comply with Subsection (1) based on the individual's position with or ownership interest in an entity that has an ownership interest in the entity that is applying for the package agency or license.
(3)(b) The commission may require an individual described in Subsection (3)(a) to comply with Subsection (1) if the individual exercises direct decision making control over the day-to-day operations of the package agency or licensee.
(4) The department shall require compliance with Subsection (2)(e) as a condition of an entity's:

(4)(a) continued operation of a package agency; or
(4)(b) renewal of a license.
(5) The department may require as a condition of continued employment that a department employee:

(5)(a) submit to a background check in a form acceptable to the department; and
(5)(b) consent to a fingerprint criminal background check by:
(5)(b)(i) the Utah Bureau of Criminal Identification; and
(5)(b)(ii) the Federal Bureau of Investigation.

Legislative History

Amended by Chapter 219, 2020 General Session