§ 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;

(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) a felony under federal law or state law;

(b) 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;

(c) a crime involving moral turpitude; or

(d) 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;

(9) issuing or denying the renewal of a license;

(10) suspending the operation of a package agency;

(11) terminating a package agency contract; or

(12) suspending or revoking a license.

Amended by Chapter 307, 2011 General Session