5.10.070 Qualifications.
A.
1. Midvale City shall not grant an alcoholic beverage license and/or local consent to any person who has been convicted of:
a. A felony under any federal or state law;
b. Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
c. Any crime involving moral turpitude;
d. On two or more occasions within the five years immediately before the day on which the license is granted, driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug.
2. In the case of a partnership, corporation, or limited liability company the proscription under subsection (A)(1) of this section applies if any of the following has been convicted of any offense described in subsection (A)(1) of this section:
a. A partner;
b. A managing agent;
c. An officer;
d. A director;
e. A stockholder who holds at least twenty percent of the total issued and outstanding stock of the applicant corporation; or
f. A member who owns at least twenty percent of the applicant limited liability company.
B. Midvale City may immediately suspend or revoke an alcoholic beverage license and/or local consent if after the date on which the license or consent is granted, a person described in subsection (A)(1) or (2) of this section:
1. Is found to have been convicted of any offense described in subsection (A)(1) of this section prior to the license being granted; or
2. On or after the day on which the license is granted:
a. Is convicted of any offense described in subsection (A)(1)(a), (b) or (c) of this section; or
b.
i. Is convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
ii. Was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the license was granted.
C. The license administrator may take emergency action by immediately suspending the operation of an alcoholic beverage licensee according to the procedures listed in this chapter for the period during which the criminal matter is being adjudicated if the person described in subsection (A)(1) or (2) of this section:
1. Is arrested on a charge for an offense described in subsection (A)(1)(a), (b) or (c) of this section; or
2.
a. Is arrested on a charge for the offense of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; and
b. Was convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug within five years before the day on which the person is arrested on a charge described in subsection (C)(2)(a) of this section.
D.
1.
a. Midvale City shall not grant an alcoholic beverage license and/or local consent to any person who has had any type of license, agency, or permit issued under this title revoked within the last three years of the date of application for an alcoholic beverage license and/or local consent under this chapter.
b. Midvale City shall not grant an alcoholic beverage license and/or local consent to an applicant that is a partnership, corporation, or limited liability company if any partner, managing agent, manager, officer, director, stockholder who holds at least twenty percent of the total issued and outstanding stock of the applicant corporation, or member who owns at least twenty percent of the applicant limited liability company is or was:
i. A partner or managing agent of any partnership that had any type of license, agency or permit issued under this title revoked within the last three years;
ii. A managing agent, officer, director, or stockholder who holds or held at least twenty percent of the total issued and outstanding stock of any corporation that had any type of license, agency, or permit issued under this title revoked within the last three years; or
iii. A manager or member who owns or owned at least twenty percent of any limited liability company that had any type of license, agency or permit issued under this title revoked with the last three years.
2. An applicant that is a partnership, corporation, or limited liability company shall not be granted an alcoholic beverage license and/or local consent if any of the following had any type of license, agency, or permit issued under this title revoked while acting in that person’s individual capacity within the last three years:
a. A partner or managing agency of the applicant partnership;
b. Any managing agent, officer, director, or stockholder who holds at least twenty percent of the total issued and outstanding stock of the applicant corporation; or
c. A manager or member who owns at least twenty percent of the applicant limited liability company.
3. A person acting in an individual capacity shall not be granted an alcoholic beverage license and/or local consent if that person was:
a. A partner or managing agent of a partnership that had any type of license, agency, or permit issued under this title revoked within the last three years;
b. A managing agent, officer, director, or stockholder who held at least twenty percent of the total issued and outstanding stock of a corporation that had any type of license, agency or permit issued under this title revoked in the last three years; or
c. A manager or member of a limited liability company who owned at least twenty percent of the limited liability company that had any type of license, agency or permit issued under this title revoked within the last three years.
E.
1. A minor shall not be granted an alcoholic beverage license and/or local consent.
2. Midvale City shall not grant an alcoholic beverage license and/or local consent to an applicant that is a partnership, corporation, or limited liability company if any of the following is a minor:
a. A partner or managing agency of the applicant partnership;
b. A managing agent, officer, director, or stockholder who holds at least twenty percent of the total issued and outstanding stock of the applicant corporation; or
c. A manager or member who owns at least twenty percent of the applicant limited liability company.
F. Midvale City shall not grant an alcohol server’s identification badge to any person who has been convicted:
1. On one or more occasions within the five years immediately before the day on which the license is granted of any violation of any federal or state law or local ordinance concerning the sale, manufacture, warehousing, adulteration or transportation of alcoholic beverages;
2. On two or more occasions within the five years immediately before the day on which the license is granted, driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug.
G. If any person to whom a license has been issued under this part no longer possesses the qualifications required by this title for obtaining that license, Midvale City may suspend or revoke that license. (Ord. 10/28/2003O-12 (part))